“The confidentiality of our personal information will stand the society of the next century as consumer protection and environmental concerns have been the twentieth century industrial society.” Marc Rotenberg, 55, president and executive director in Washington of one of the largest research centers worldwide privacy in the electronic age, “Epic” (Electronic Privacy Information Center) and Professor of Law at Georgetown University has no doubts: the confidentiality, that concept so dear to the Anglo-Saxon culture, is under attack.
It is one of the foremost privacy experts in the world (it was called several times to testify before the Commission on 11 September on “security and freedom”, that is, how to prevent terrorism but also protect the privacy of citizens) and it is therefore often called in Europe, at the invitation of Laura Boldrini and Stefano Rodotà has participated in Montecitorio, one of the first meetings to the Bill of rights on the Internet.
“The threat to privacy is known: the NSA (National Security Agency) track our phone calls, Google records not only the pages of the sites on which we sail, but even the temperature that we set on our thermostats, Facebook us change the settings of our privacy when it wants to, financial sites when pirated lose control of our credit cards, our medical records are available for sale to outsiders, our children are taken fingerprints and their school exams are archived for posterity, and the near future scenario is made up of robots who control the courtyards of our schools and if they do we will leave our skies will be invaded by the drones. ”
A better approach is possible, in order to enjoy the technological innovations without losing control?
“To paraphrase Thomas Edison, what one creates with his hands should be able to be controlled with the head. It needs a new approach to the debate on privacy, an approach that starts from the principle that the confidentiality deserves to be protected, that you should not ever stop looking for solutions, and we do not know what the future holds. ”
On 29 February, the European Commission published the “shield for confidentiality” (Privacy Shield) which should improve citizens’ confidence in Europe and the US. What do you think?
He smiles: “The basic principle is correct, but the self is pure fantasy: so judge him step back. The emperor has no clothes need any more effective supervisory mechanisms, including that of sanctions or exclusion in case of default, to ensure that companies meet their obligations. It must be clear to all that the protection of privacy in the United States has decreased dramatically in recent years: the so-called “DataGate” discovered by Edward Snowden on international espionage NSA is of 2013 and the European Commission has set itself the problem only two years later, at the end of 2015. Meanwhile, the personal data of European citizens continued to be treated indiscriminately. Unfortunately I do not see big news in this trend. Not enough is being done to protect the data. We must be vigilant and to correct imbalances and regulatory gaps. ”
Internet is a place increasingly regulated by States pushy and bossy business?
“Under the pretext of security – especially in times of international terrorism since September 11, 2001 onwards – the governments usurp the fundamental rights, while digital companies through their conditions ‘use exercise a power which, if not counteracted by regulations, governing their relations with the public-customers who provide goods and services over the internet. But we are only at the beginning of a great cultural revolution that requires awareness from citizens, who must fight for their rights and forcing governments and companies to comply. ”
With the pretext of security the government usurp the fundamental rights, while digital companies through their conditions of use exercise a power which regulates their relationships with public- customers who provide goods and services over the internet.
Currently protests against wrongdoing by governments and businesses are weak. How to be assertive?
“It takes time to develop awareness of the need to supervise the rights: there is much to do, but we are making progress; even from the media point of view, the issue of privacy is now called everywhere “.
Four years ago, in February 2012, the White House has introduced a Charter of Rights for consumer confidence which was to give American citizens the opportunity to exercise control over ‘use of personal information by companies. President Obama, in the introduction to the report, he wrote that the Administration will work with Congress to pass these principles and turn them into law. How come Obama’s proposal is not been going on?
“It’s very difficult to get everyone to agree. It is a battle that involves on the one hand the public on the other, the government and companies to control data that capture the drones, mobile phones, and all future digital gadgets. Although the era of digital technologies related to the Internet is more necessary than ever, because even collect our most intimate information, human intelligence has not been able to implement acceptable defenses for everyone. But it will come, just because it is in everyone’s interest. ”
Back in 2009 the US government (through the office of the Federal Trade Commission Consumer Protection) had expressed concern about the excessive availability of confidential information, made possible by fingerprint that people leave, without even realizing it: intimate things also about their health, about their financial situation or their family. On the other hand there was the request of not to interfere in their business enterprises.
“The initiative of the White House was then created to encourage companies to find a way to respect the privacy of citizens without inhibiting innovation. But the debate has stalled on the controversial issue of consumer acceptance for the technology of facial recognition. Are the individuals who should have control of their information, not technology companies. Whether it’s Apple, Facebook, Google, Amazon or Vattelapesca.
The ability to steal personal data when they are so affordable because digital explains the battle between Apple and the FBI, in which Apple says it wants to protect the personal information of its customers from government spying, also when it comes to the iPhone in the San Bernardino terrorist “.
They are individuals who should have control of their information, not technology companies. Whether it’s Apple, Facebook, Google, Amazon or Vattelapesca.
Public opinion is divided. But she who is: Apple or FBI?
“In this case I’m with Tim Cook as the Epic we also honored for its position on privacy. The government can not force companies to act as policemen, spies, hackers or on its behalf. If Apple gave way, it would be a dangerous precedent, forcing other technology companies to degrade its security and undermine confidence in their products, so essential for privacy in the digital age. ”
Cook dared more: he says that the FBI request is anti-constitutional.
“For such a request from part of a prosecutor – which covers the iPhone to a drug dealer – has just been rejected on Monday by a district court in New York. It is a precedent that demonstrates that the US Justice Department may have to accept a defeat even in the case of San Bernardino. But I would keep the readers to know that we stand even against the companies, when their terms of use are not transparent and violate the rights. In the words of the American Justice Louis Brandeis, privacy is the most comprehensive of rights and the most loved by a free people. Up to us to be aware of it and defend it with my teeth. ”
[No. 19]
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