New Rules for Privacy Regulations

The Wall Street Journal has an informative conversation with Lawrence Lessig: Technology Will Create New Models for Privacy Regulation. What underlies a change toward new models are two points: the servers holding vast user databases are increasingly (and very cheaply) breached, and the value of the information in those databases is being transferred to something more aligned to VRM: use of the data, on a need to know basis. Lessig notes:

The average cost per user of a data breach is now $240 … think of businesses looking at that cost and saying “What if I can find a way to not hold that data, but the value of that data?” When we do that, our concept of privacy will be different. Our concept so far is that we should give people control over copies of data. In the future, we will not worry about copies of data, but using data. The paradigm of required use will develop once we have really simple ways to hold data. If I were king, I would say it’s too early. Let’s muddle through the next few years. The costs are costly, but the current model of privacy will not make sense going forward.

The challenge, notes Lessig, is “a corrupt Congress” that is more interested in surveillance than markets and doing business. Perhaps that isn’t a problem, according to an Associated Press poll (which has no bias, of course!):

According to the new poll, 56 percent of Americans favor and 28 percent oppose the ability of the government to conduct surveillance on Internet communications without needing to get a warrant. That includes such surveillance on U.S. citizens. Majorities both of Republicans (67 percent) and Democrats (55 percent) favor government surveillance of Americans’ Internet activities to watch for suspicious activity that might be connected to terrorism. Independents are more divided, with 40 percent in favor and 35 percent opposed. Only a third of Americans under 30, but nearly two-thirds 30 and older, support warrantless surveillance.

Right. After all, who needs business?