In a recent post, Susan Crawford magisterially weaves together a number of seemingly disparate strands into a disturbing picture of the future of privacy, first looking at the still under-appreciated vulnerability of social networking sites. Recently ratcheted-up scrutiny on MySpace and other similar episodes suggest to Crawford that some sort of privacy backlash is imminent — a backlash, however, that may come too late.
The “too late” part concerns the all too likely event of a revised Telecommunications bill that will give internet service providers unprecedented control over what data flows through their pipes, and at what speed:

…all of the privacy-related energy directed at the application layer (at social networks and portals and search engines) may be missing the point. The real story in this country about privacy will be at a lower layer – at the transport layer of the internet. The pipes. The people who run the pipes, and particularly the last mile of those pipes, are anxious to know as much as possible about their users. And many other incumbents want this information too, like law enforcement and content owners. They’re all interested in being able to look at packets as they go by their routers, something that doesn’t traditionally happen on the traditional internet.
…and looking at them makes it possible for much more information to be available. Cisco, in particular, has a strategy it calls the “self-defending network,” which boils down to tracking much more information about who’s doing what. All of this plays on our desires for security – everyone wants a much more secure network, right?

Imagine an internet without spam. Sounds great, but at what price? Manhattan is a lot safer these days (for white people at least) but we know how Giuliani pulled that one off. By talking softly and carrying a big broom; the Disneyfication of Times Square etc. In some ways, Times Square is the perfect analogy for what America’s net could become if deregulated.

And we don’t need to wait for Congress for the deregulation to begin. Verizon was recently granted exemption from rules governing business broadband service (price controls and mandated network-sharing with competitors) when a deadline passed for the FCC to vote on a 2004 petition from Verizon to entirely deregulate its operations. It’s hard to imagine how such a petition must have read:

“Dear FCC, please deregulate everything. Thanks. –Verizon”

And harder still to imagine that such a request could be even partially granted simply because the FCC was slow to come to a decision. These people must be laughing very hard in a room very high up in a building somewhere. Probably Times Square.
Last month, when a federal judge ordered Google to surrender a sizable chunk of (anonymous) search data to the Department of Justice, the public outcry was predictable. People don’t like it when the government starts snooping, treading on their civil liberties, hence the ongoing kerfuffle over wiretapping. What fewer question is whether Google should have all this information in the first place. Crawford picks up on this:

…three things are working together here, a toxic combination of a view of the presidency as being beyond the law, a view by citizens that the internet is somehow “safe,” and collaborating intermediaries who possess enormous amounts of data.
The recent Google subpoena case fits here as well. Again, the government was seeking a lot of data to help it prove a case, and trying to argue that Google was essential to its argument. Google justly was applauded for resisting the subpoena, but the case is something of a double-edged sword. It made people realize just how much Google has on hand. It isn’t really a privacy case, because all that was sought were search terms and URLS stored by Google — no personally-identifiable information. But still this case sounds an alarm bell in the night.

New tools may be in the works that help us better manage our online identities, and we should demand that networking sites, banks, retailers and all the others that handle our vital stats be more up front about their procedures and give us ample opportunity to opt out of certain parts of the data-mining scheme. But the question of pipes seems to trump much of this. How to keep track of the layers…
Another layer coming soon to an internet near you: network data storage. Online services that do the job of our hard drives, storing and backing up thousands of gigabytes of material that we can then access from anywhere. When this becomes cheap and widespread, it might be more than our identities that’s getting snooped.
Amazon’s new S3 service charges 15 cents per gigabyte per month, and 20 cents per data transfer. To the frequently asked question “how secure is my data?” they reply:

Amazon S3 uses proven cryptographic methods to authenticate users. It is your choice to keep your data private, or to make it publicly accessible by third parties. If you would like extra security, there is no restriction on encrypting your data before storing it in S3.

Yes, it’s our choice. But what if those third parties come armed with a court order?