Disinformation - Risk Management

True or False: Social Data is a part of our Corporate Assets? “The Value of our Data”

• Where is Data? Who’s using it?
• What is Data Quality? What is Data Integrity?
• How do we Enforce Data Retention?
• What Is our Data Liability?
• Can we spot the difference between an Illusion of Influence and Actual Influence
• What was my data cost in researching this or any topic?

Big Data is Worth Nothing 

Cloud will create 14 Million Jobs by 2014

Understanding Big Data Risk is Complex

• Where is the data?
• Can we trust the data?
• (False negatives eventually self-correct, but do we have the time?)
• Tracking, Liable, Exploit is Complex
• Something on this page is “blocked”.
• I am on the fence about buying that very dresser.  I wonder if McAfee caught that I was being tracked by an unsafe source? For this exercise, I elect to unblock.
• Perhaps Data Governance Should Consider Source – Or not use the Word “Governance”
• Should the information we commingle with news differ from the information used for advertising?

What Is Our Reputational Risk?

• How Will the Market Feel When They See What We Paid and What We Made?
• How will we differentiate the use of big data, as opposed to big distraction?
• Test if Functionality is Limited by Restricting Cookies – Know the Risk to Reader
• This test shows that we can examine rank without being tracked
• Can We Trust the Media to Recommend a Product?
• If results favor a company’s investments isn’t this a step along the path to fraud? This is not a dig on CNET.  It’s a question about doing what everyone else is doing. 

For example, New York Times, and Wall Street Journal have set privacy and governance that would restrict this same behavior.

GPS Act – Example Law

The GPS Act, short for the Geolocation Privacy and Surveillance Act, is a bill co-sponsored by Senator Ron Wyden (D-OR) and Rep. Jason Chaffetz (R-UT) and introduced to the Senate and House in June 2011.

The bill would impose tighter restrictions on how and in what instances law enforcement agencies could legally obtain cell user location information, requiring a warrant in all cases exception a few narrowly defined emergency situations, such as when an officer “reasonably determines,” that there is risk of “immediate danger of death or serious physical injury to any person,” or “conspiratorial activities” relating to national security or “characteristic of organized crime.”

The bill has been read twice and is stalled in committee.

The GPS Act Supports Legitimate Investigations and Protects Privacy

Facebook Resolves User Right of Publicity Claims Concerning Sponsored Stories Advertising

Facebook recently settled a class-action lawsuit stemming from Facebook’s alleged unauthorized use of users’ photographs in ‘sponsored stories’ advertisements on its site. The class action plaintiffs alleged that Facebook’s use of their images in “Sponsored Stories” advertisements violated the plaintiffs’ rights under the California right of publicity statute, which reserves to the individual the right to control their image for commercial purposes. Under the terms of the settlement, Facebook agreed to pay a total of $20 million, with half of the settlement funds donated to charities and law schools, and the other half going to plaintiffs’ attorneys. Other than the three class representatives, no Facebook users will receive any funds from the settlement. 

Facebook users had been serving as unwitting brand promoters on the site, appearing without their permission or knowledge in promotional ‘stories’ featuring advertised products and services. Merely ‘liking’ a company or brand functioned as an effective opt-in that allowed Facebook to use the user’s image in that company or brand’s advertising on the site. The only means of withdrawing from the promotional use of one’s image was to ‘unlike’ the brand, which, prior to this settlement, was not an easy feat.  […]

 Published In: Civil Remedies Updates, Communications & Media Law Updates, Personal Injury Updates, Privacy Updates © Kilpatrick Townsend 2012 | Attorney Advertising

Kilpatrick Townsend on 7/11/2012 authors: Barry M. Benjamin; Andrew I. Gerber

When We Use Social Data for A Business Decision, Are We Protected Under CDA 230?

Section 230 of Title 47 of the United States Code (47 U.S.C. 230) was passed as part of the much-maligned Communication Decency Act of 1996.  Many aspects of the CDA were unconstitutional restrictions on freedom of speech, but this section survived and has been a valuable defense for Internet intermediaries ever since. "By its plain language, 230 creates a federal immunity to any cause of action that would make service providers liable for information originating with a third-party user of the service”. Zeran v. America Online, Inc., 129 F.3d 327, 330 (4th Cir. 1997), cert. denied, 524 U.S. 937 (1998)

EFF maintains an archive of CDA cases: Section 230 of the Communications Decency Act

Defamation: CDA Cases – consider Yelp and other reputation data

How Might Social Data Open a Company to Hate?

Is this a crowdsourcing benefit or a liability?

Risks in Life Logging - ENISA

• R1 – Breach of privacy
• R2 – Inappropriate secondary use of data
• R3 – Malicious attacks on smart devices increase their value to authenticate individuals and store personal data increases
• R4 – Compliance with and enforcement of data protection legislation made more difficult
• R5 – Discrimination and exclusion
• R6 – Monitoring, cyber-stalking, child grooming and “friendly” surveillance
• R7 – Unanticipated changes in citizens’ behavior and creation of an “obedient” citizen
• R8 – Poor decision making/inability to make decisions
• R9 – Psychological harm
• R10 – Physical theft of property or private information from home environment
• R11 – Reduction of choices available to individuals as consumers and user lock-in
• R12 – Decrease of productivity

To log or not to log? - Risks and benefits of emerging life-logging applications

Security and Legal Aspects Issues Affecting Privacy

• Should We Show Off our Connections?
• April 28th, 2012 “Look at Me, me, me”
• Who Are We Hurting When We Give Information Away?
• Why don’t we regulate companies that exceed a million-user threshold?
• Why Are We So Willing to Give Away our Data?
• After ten minutes of viewing Collusion, I decide to block all tracking sites.
• What Happens When We Turn Off Tracking?
• What Do We Lose When We Turn Off Tracking? If a follower is worth $118, I lost $35K (I lost nothing)
• Can We Act on the Advice of Others?

What are the implications of driving business decisions that involve access or use of the web?

• If followers are assets, then isn’t the discouraging of traffic a form of “asset theft”?
• Who Are the Contributors to the Information We Trust? Can they have a Paid Agenda?
• Should we better qualify contributors in our big data sets?
• Bad Rating V. Buying a High Score
• Affiliate Programs SHOULD NOT be represented as Community Rating

© Gartner, Doug Laney on Value of Data
Infonomics:  The Practice of Information Economics

• The Value of Information
• Why Put a Value on Information?
• Information is a Unique Asset
• Where Are Information Assets on the Balance Sheet?
• Reasons to Acknowledge and Account for Information as an Asset
• Measuring the Value of Your Information
• Understanding Your True Information ROI
• Securing Your Information
• Influencing Your Corporate Valuation
• Assessing Contractual Risks
• Borrowing Against Information
• Bartering With Information
• Selling Information

Doug Laney is research vice president at Gartner

What is the Basis for Posting Value?

• The sample shows a small business site valued at one MILLIONTH the other companies, that topped placement in a financially valued list.  The company in first place has made no revenue as a result of that placement.
• Unless We Enforce Standards in User Engagement Reporting We May Destroy Our Information Economy
• What Are The Incentives to Lie?
• How do we define Propaganda?
• What constitutes illegal protest?
• We Have to Define Free Speech and our Rights to Influence Others
• Free speech is not for pay
• Free speech is not automated in a batch of hundreds or thousands of communicated response
• We have to safeguard our rights to be counted
• Instead of making it illegal to track me, perhaps it should be illegal to MISTRACK me.

Wash Your Hands Before You Eat

• What are some of the things we should clean or delete?
• Competitors from your first connections
• Private Phone messages stored for playback on the internet
• Facebook applications (unless the product is well understood and serves specific scope and function)
• Anonymous identities (oxymoron?)
• Connections representing bias or undue influence
• Hateful comments, explicit content, personal content
• Anything that stores your password and shares your identity with other applications

Questions?

Yeah, me too. I use social media to track the security flaws in social media. #DeleteFacebook