Press "Enter" to skip to content

Privacy & Privatization | Doron Stern | TEDxBGU


[Music]
did it be you a number of years ago my
wife’s purse got stolen it wasn’t really
a purse more like a bag it had
everything in it and it had her mobile
phone in it I was sitting in my office
and my wife or his suddenly calling from
somebody else’s phone her purse got
stolen
wait a minute you had your mobile phone
in it right I have an idea I can call
the mobile phone company and they can
tell us where the phone is and where the
bag is
and then we can know where the thief is
and I rush to do just that
my wife’s bag has just been stolen and
her mobile phone was in it I told the
mobile phone company can you give me the
location of her phone no said the man
from the mobile phone company we can
tell you that it’s against our privacy
policy so I said maybe you could give
her the location of her phone I can give
you her number it’s her phone sorry we
can’t do that either we have no way of
knowing whether it’s really her said the
man please you’ve got to help me the bag
was just stolen perhaps you have a
supervisor so the supervisor was there
she was a calm and polite lady and she
was patiently explaining to me the
privacy policy of the company and while
we were having this discussion the thief
was walking in the streets of Tel Aviv
and discussion over our privacy was
taking place basically what she told me
was that there was no way we will be
able to get the bag back or to get the
location of the phone unless we managed
to come up with a court order but we
have no time to get a court order I told
them and it’s really it’s it’s our
privacy and we asked
to be violated the woman was decisive
and somewhat shocked at my disrespect
for privacy so I thought I’d call the
police I call the police I told them
quickly what happened I said there is a
bag which was just stolen and there’s a
mobile phone in it
can you please call partner the mobile
phone operator and get the location of
the phone from them I’m sorry sir we
can’t do that
said the policeman the mobile phone
escape was correct we cannot get this
information without the court order and
how I really lost it there’s a man
walking in the streets with an
electronic sign I am a thief and you are
the police don’t you want to catch a
thief
the policeman was quite irritated with
me I’m surprised at you sir he said you
are a lawyer you must appreciate the
value of both privacy and I realized
that we are not going to get our bag
back because our privacy
method more than our belongings and
because the police was not going to take
any risk with our privacy but I actually
realized something bigger it was more
than just the respect of privacy which
was manifested there the police was no
longer sure what was more important
their duty to protect to prevent crime
or their obligation to respect privacy
and the interaction that I requested
between the police and a technology
company such as the mobile phone
operator made it even more complicated
for them so the bag was gone and privacy
prevailed privacy was not always treated
to such a dominant civil liberty it
started to be recognised as such in the
20th century in recent years have seen
it becoming a major Liberty Liberty
which was reflected in a lot of
legislation and actually influenced the
way we were interpreting and reading
many other laws and screening other
rights and obligations of people in
society and I believe this
has a strong tie to what is happening in
the cyber space
there are numerous academic discussions
in articles about the connections and
the tension between what is happening in
the cyber space and privacy
you see privacy is no longer safe in the
cyberspace but privacy itself poses a
risk to other liberties one’s property
one’s well-being
sometimes even ones actual life in
November of 2015 the police in Paris
France had information about a terror
attack which was planned to take place
and they actually even had information
about who were the suspected individuals
which were intending to launch this
attack they tried to access the messages
and failed these terrorists were using a
highly advanced encrypted messaging
system called telegram so the police
contacted telegram and asked them to a
system in accessing the messages of
those individuals and telegram refused
they were not ready to assist the police
at the price of their customers privacy
so the customers were advancing in the
streets of Paris advanced advancing each
other to the Bataclan nightclub
succeeded in launching the attack they
left a hundred and thirty people dead
there was anguish and anger all over the
world but there was no ring note of
telegrams refusal to assist the French
police which tried to prevent it a few
months earlier in a testimony before
Congress in June of 2015 the FBI
director actually warned uncrackable
encryption is allowing terrorists to
communicate about the criminal
intentions without fear of outside
intrusion they’re sorting the efforts of
law enforcement to detain
prevent and investigate illegal
activities and indeed a few months later
in America Apple refused to give the FBI
a backdoor into the iPhone messaging
system FBI could not detect messages
that were exchanged between the couple
that launched the attack in San
Bernardino California and left 14 people
dead
they Apple also claimed that they all
privacy protection to their customers
again there was no real outcry against
this stance by Apple in fact I think
that most people felt it was alright
private companies were not required to
cooperate with the police that the price
of their customers privacy and their we
were witnessing perhaps in an extreme
way the very same phenomena that I
experienced in my wife’s bag story the
police was weak it had to rely on
technology companies technology
companies felt that privacy method more
than anything else and therefore refused
to assist the police in defending from
actual in this case even murderous
crimes but there is a paradox while
defending our privacy became a major
obstacle in protecting our safety our
privacy itself in the cyber space was
more violated than ever perhaps by
criminals and also by non criminals let
me explain for thirty years or so we
were placing our private information in
the cyber space we place things which
are very private who we are where we are
how we look what our opinions are what
our credit card number is private
messages we put it all willingly in the
cyber space and we gradually realized
that it has been used it has been
exploited sometimes by the very
custodians with whom we deposited this
private information so we became pretty
irritated and angry and when demanded of
them not to dare using it without
getting
consent but while commercial companies
use the private information just to make
money
somewhat legitimate money cybercriminals
were using you are using our private
information in order to commit crime
over the web they were using our
identity in order to access our bank
accounts they were taking hold of our
private information and tried to
blackmail us sometimes they placed
ransomware
into our private computers and
threatened to shut it down to shut down
the whole system unless we pay them and
sometimes they just put viruses and
malware and worms and what-have-you just
in order to show us that they can and so
many of us actually all of us became
victims of small and large cyber crimes
in horrific volumes all over the web all
over the world and here was the paradox
while we were willingly risking our
privacy in the cyberspace and while we
were all victims of cybercrime by now we
were determined not to let anyone access
our privacy in order to defend us we
were suspicious
we were unsecure in private companies
sensed it and developed solutions in
order to answer this need they suggested
ways to prevent defend and mainly detect
cyber threats and cyber crime and a
whole new sector appeared before our
eyes it was called cyber security and
cyber security companies popped up like
mushrooms after the cybercrime reign but
these companies did not offer ways to
catch the criminals only to defend
against these crimes catching the
criminals was not their task it was the
government’s task crimes are committed
by criminals and criminals are supposed
to be caught by the police it was a
problem the police had not yet developed
effective ways to deal with
these new forms of crimes and with these
new types of criminals you see the
police’s is is an organization as all
this crime is it has a huge experience
in dealing with criminals but with
slightly different kind of criminals
street smart but not well educated a
violent perhaps but easily manipulated
criminals who hang around other
criminals and would would give each
other up for the right pay or under the
right pressure and suddenly a new breed
of criminals emerged criminals who were
loners
who were bright who had unprecedented
means to disguise their true identity
and and the forms of cyber crimes also
changed much faster that the police
could could address the police is a
large organization and it takes time for
it to to recruit new kind of policemen
and develop new investigation techniques
and acquire new technologies and learn
how to deploy them and all this could
not be done in time to address this the
pace in the speed of cybercrime and
almost all cyber crimes are committed
multi nationally or even non nationally
in the cyber space and for the police
it’s pretty hard to reach a criminal and
put its hand on it when it’s away from
its jurisdiction it required new kinds
of international cooperation and I need
not mention my own profession laws
needed to be revised and loss takes
years to it to be enacted international
treaties take longer new rules of
evidence need to be developed and
deployed in order to bring these new
crimes to justice the crimes are not
really newest it’s the same old story
it’s it’s it’s stealing it’s forgery
it’s extortion but their forms are
different and the ways to prove them in
court was different and I’m afraid
justice systems are even slower than
police to address changes so they just
left us citizens and protected without
an effective police and without an
effective law enforcement in the cyber
security
industry became our private police we
were suddenly faced with a new
privatized service we never asked for we
can call them the private cyber security
forces and as the police had to rely on
this new cyber security forces in order
to do its job they learned to abide by
their rules one of which was beware with
accessing the privacy of your customers
and so the police was was tamed to
prefer our privacy over our right and
their duty to prevent crime and this was
probably why the policeman on the other
side of the line in my wife’s bag story
was rejected to call the mobile phone
operator and gave up on an opportunity
to catch a thief
perhaps it’s okay perhaps privacy does
matter more than catching criminals
especially cyber criminals perhaps a
private cyber security force is better
than the old-fashioned traditional state
police I I don’t think so I think that
privatized police and privacy prevail
and leading us as a society to
compromise on our basic rights we give
up on our right as citizens to be
protected by our respective governments
and more painfully we give up on our
hope to catch criminals and bring them
to justice and we started to accept
cyber crime as a problem which cannot be
cured and must be contained and this is
not right and and we made the right for
privacy a good reason or perhaps an
excuse to give up on our right to catch
criminals and bring them to justice and
this is not right now what to do one way
is to accept the situation less the
hidden hand of the market it mired the
cyber security industry which managed to
develop those means to address cyber
crime perhaps invest in them Eve
another way is to complain like I do the
two can be complimentary you can do both
and the third option is to try and look
at what the future will bring with it I
do not wish to underestimate the
ambition and ingenuity of criminal minds
but I do believe that artificial
intelligence will prevail over it I
think that what is commonly called
blockchain offers a direction I think
that instead of looking for ways in
order to remove anonymity in order to
require every user in the web to
identify himself blockchain machines
encrypted machines can actually require
every user in the web to get electronic
authentication to get a sort of a
certification in order to allow him to
do everything anything over the web and
I think with this era we will see the
size and volume of cybercrime
reducing significantly and perhaps by
that time we will be more relaxed with
our privacy and we’ll be ready to let
the defenders use our privacy in order
to defend us
there is something which doesn’t make
sense in the fact that our attackers are
accessing our privacy all the time and
our defenders are so reluctant to use it
I think we’re in an intermediate phase
we’re a little bit like people in a
small town in the Wild West in the early
1800s robbers are storming the town from
time to time robbed the bank as they
please and vanish the sheriff is
spending his days on the porch probably
smoking cigarettes his legs up on the
rail there is no solution to crime
except maybe the Gary Cooper’s or the
John Wayne’s of the world in later years
this is all due to become a queer
perhaps romantic memory of an unsafe
wild past and in some years we may be
looking at our times with the same
degree of amazement and amusement thank
you
you
Please follow and like us: