Illustration: Jeff Grunewald
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When Canadian Tourist
Byuhgsoo Soo Son picked up a rental car
from a Payless office in San Francisco last November and
set off with his wife and son on a 12-day tour of the
California coast, Las Vegas, and the Grand Canyon, he
had no idea how pricey that trip would be. Upon dropping
off the car, he was floored when the expected US$260
charge turned out to be a whopping $3400, the result of
a $1-a-mile fee that kicked in when Son crossed the
California-Nevada border. Accompanying the bill was a
detailed map of the family's route, made possible by the
Global Positioning System tracking device installed in
the car. Son had never bothered to read all of the fine
print in his rental contract-who does, really?-which
mentioned the out-of-state penalty and the possible
presence of a tracking device.
Get used to it. One-fourth of rental cars in the
United States now have GPS tracking installed, and over
the last several years, at least two other companies
have used the devices to fine errant drivers. If the car
were stolen, or it broke down in a desert or a
snowstorm, the trackers could be a lifesaver, the rental
companies say. Some renters, if asked, might even
appreciate a map of their trip as a souvenir. But having
your every move tracked like a fugitive's? Most drivers,
surely, would object.
Here's the problem with information: it spreads.
"Once information exists, it's virtually impossible to
limit its use," says David L. Sobel, general counsel of
the Washington, D.C.-based Electronic Privacy and
Information Center. "You have all this great data lying
around, and sooner or later, somebody will say, 'What
else can I do with it?'"
Over the last several years, new tracking and
monitoring technologies coupled with new data-mining
initiatives and a more permissive attitude toward
surveillance have made it possible to deploy many
creative, and intrusive, uses of our personal
information. Life is undoubtedly made more convenient by
key-chain tags that let you pay for gas right at the
pump, wireless payment systems that let you drive
through tolls without stopping, and fingerprint
authentication systems that ensure you are who you say
you are. Where there have been problems, they've tended
to be more annoying than horribly invasive-an erroneous
charge to your credit card or an unsolicited pitch for a
new whitening toothpaste based on your past purchases.
But as new technologies and uses of data are being
added seemingly every day, the potential for greater
abuse is growing, say Sobel and other privacy experts.
Meanwhile, legal protections are lagging far behind.
What Son's rental car company did might have been a
little sleazy, but it was perfectly legal.
Already, you're giving away more information than you
probably realize. At the office, wireless security cards
track your comings and goings; your employer could be
keeping tabs on your e-mail, phone calls, and maybe even
your keystrokes. When you surf the Web, government
agencies and businesses can see which sites you visit,
if they care to look. Emergency initiatives like
Enhanced 911 in the United States and Enhanced 112 in
Europe can pinpoint your location through your
cellphone. Use a credit card or a loyal-shopper card,
and your every purchase is logged. If you're visiting
the United States from abroad, you now surrender your
digitized fingerprints and photo at the border. And
nearly everywhere you go-from the bus stop to the
parking lot to the ATM to the fitting room-surveillance
cameras are watching you.
Among the biggest collectors and purveyors of your
personal information are data aggregators like Acxiom
Corp., in Little Rock, Ark., and ChoicePoint, in
Alpharetta, Ga. It's their business to buy up
information about ordinary citizens, correlate it with
the billions of other records in their data warehouses,
and then sell the information-to employers doing
background checks, insurers and landlords doing credit
checks, and, especially since 9/11, government agencies
doing security checks.
For $20, you can see what others see: your
ChoicePoint report listing your phone numbers, the
current market value of the real estate you own, your
car loans, any outstanding liens and judgments, and any
pilot, maritime, radio, drug, and gun licenses you
hold-plus the names, birth dates, and social security
numbers of not just you, but your spouse, children, and
parents, plus any friends with whom you've jointly filed
legal documents.
So what more is there to know? Plenty. While more
traditional sources of information paint a picture of
you in coarse strokes, newer and soon-to-emerge
data-gathering technologies offer a much finer-grained
image-where you are and what you're doing at any given
time. These technologies include cheap and ubiquitous
radio-frequency ID (RFID) tags, distributed and
virtually invisible sensor networks, biometric scanners,
and "smart" video surveillance. In the name of law
enforcement, security, cost-saving, and convenience,
commercial and government networks are digging ever
deeper, gathering, sifting, and-increasingly-sharing
data, uncovering what they hope will be pure, precise
nuggets of information [see "Ways of Watching","
for some current surveillance technologies]. Coupled
with advances in networking, wireless communication,
computation, and data mining, the result is that what we
used to think of as deeply personal affairs are
increasingly matters for public consumption.
Against that crushing tide of data, a few researchers
are conjuring up countermeasures. New database filters,
for example, will let users search through sensitive
information without uncovering personal data, while
location-blocking algorithms and surveillance camera
filters can obscure your exact position.
Such efforts are sorely needed. A new U.S. Department
of Defense-sponsored report on the privacy implications
of the government's data-mining activities warns of
data-mining tools being "used by the government to
scrutinize personally identifiable data concerning U.S.
persons who have done nothing to warrant suspicion." It
cautions that "they run the risk of becoming the
21st-century equivalent of general searches, which the
authors of the Bill of Rights were so concerned to
protect against."
Absent legal and technological protections, the
report concludes, current surveillance efforts threaten
to chill the behavior of ordinary citizens, stifling not
just "innocuous, everyday activities" but also religious
expression, political dissent, and public discourse.