Data Privacy & Decoupling Communications Utilities

Hello Readers,

I will start by acknowledging that this is the topic is a little outside of the sphere of my normal sustainability discussions. However, as more and more communications and data privacy issues have come to light over the past year, I have become increasingly concerned about the social and political ramifications of what governments and certain corporations are doing on the Internet. Because of the prevalence of these issues in the news, I will limit my preambulatory commentary.

The Internet is a technology and a concept that is so far beyond the wildest imagination of people in the 18th and 19th centuries that we need to explicitly address it in the US constitution, so that societal expectations for the Internet are clear. Therefore, I propose that we amend the US constitution to address and protect the inherent, unwritten freedoms that have thus far been the hallmark of the public Internet. While I will not attempt to offer specific wording for such an amendment, I suggest the following tenets of an amendment:

• Decoupling Communications Utilities: There should be a clear distinction between media content providers and communications infrastructure providers. In the same way that many states have now 'deregulated' electricity markets by drawing a line between owners of electric generators and grid operators to ensure that monopolies are as limited as possible, the Internet should be similarly segregated. It should be illegal for owners of communications infrastructure (e.g. broadband networks, cable providers, telephone lines, cellular networks) to create, provide, and develop the data or media content that is transmitted across its own infrastructure. Similarly, communications infrastructure owners should not be allowed to offer preference to content providers or charge variable rates based on the type of content that is transmitted.
• Data Privacy from the Government: The United States Federal government should pass and enforce laws that promote the active protection of the data, content, and information that is created, held, and transmitted by its people. As a matter of the Rule of Law, this protection requires the US government to provide a transparent judicial mechanism for reviewing attempts by US government agents to acquire citizens' data (as though data were physical property) as provided for by the 4th Amendment of the constitution.
• Data Privacy from Corporations: The US government should pass and enforce laws that protect its citizens' data from foreign and domestic corporate interests. The invasive and often secretive nature through which data is collected and redistributed over the Internet is unacceptable. Recognizing that some citizens may be interested in risking the trade-offs related to disclosing their data to reap the potential benefits of 'big data', it might be fair enough to create an opt-in 'tracking allowed' list. Such a list could allow people to be tracked when corporations explicitly notify them that they (and their data) are being tracked and where their data is being sent. Furthermore, corporations should be required to regularly provide their users access to a record of all the data that has been collected about themselves. Finally, people should be able to opt-out of such a list at any time for any reason without the possibility of legal action.

I'm sure their are many other possible issues to address with regard to the Internet. However, I have found the above issues the most troubling with the greatest possible 'slippery slope' consequences.

Regards,

Sean Diamond