Brad Feld

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The Laws Don’t – and Can’t – Keep Up With Technology

Mar 23, 2018
Category Government

A law with good intentions, but horrible side effects, passed yesterday. You probably haven’t heard about it because of the brouhaha over 97,513 other things. It’s called SESTA/FOSTA and the EFF has a good summary of how Lawmakers Failed to Separate Their Good Intentions from Bad Law. Craigslist responded immediately (and rationally) by taking Craigslist Personals offline.

Oh, and as a bonus, the CLOUD Act was buried in the Omnibus spending bill. EFF has an article from six weeks ago that explains why it is A Dangerous Expansion of Police Snooping on Cross-Border Data. The CLOUD Act is an aggressive undermining of existing privacy laws, but no one really cares about online privacy or your data, right?

If you want a glimpse as to the data Facebook has on you, take a look at the analysis Dylan McKay just posted. And then, it a magic trick of epic proportions, it turns out that ‘Lone DNC Hacker’ Guccifer 2.0 Slipped Up and Revealed He Was a Russian Intelligence Officer. I’m shocked – just shocked – that something like this could be true (actually, I’m not – I’ve been saying the DNC / Wikileaks stuff was Russian hackers since the beginning, even after several friends gave me tinfoil caps to keep me safe.)

I don’t expect the Trump campaign knew anything about any of this. Well, except for the news today that showed the Cambridge Analytica’s blueprint for Trump victory. And now, the news that Trump’s new security adviser John Bolton also relied on Cambridge Analytica. Scandalous, just scandalous (well – not really – how about “predictable, just predictable …”)

If you want to understand what can happen to your Facebook data, the Cow Clicker story is both fun and instructive. I remember Cow Clicker well because it was a spoof on FarmVille. And yes, the explanation in the article is very accurate from my perspective. If you want a more mainstream explanation, How Trump Consultants Exploited the Facebook Data of Millions is pretty good.

Expect more outrage and Facebook bashing on all media channels. And lots of talking heads and discussion about what needs to be done. We might even have hearings in Congress. But my guess is that not much will change, the outrage will move onto something else (hey – what happened to North Korea?), Facebook will make a few incomprehensible changes to their security settings, and the laws that get created won’t keep up with the technology.