This is where a law-enforcement agency goes to Google, sometimes but not always with a warrant, and describes a location – a box, this street by street – and a time frame, say 1pm to 4pm, and demands to know everyone who is in that box. We haven't seen legislation or regulation to impede this.Īt the same time, we see increasing use of Google location data and what the state calls either geofence warrants or reverse warrants. And yet governments have taken no action. This is clearly the kind of thing the law prohibits. It's hard to defend the idea that if you click the ‘Don't track me’ button and you're still tracked that practice is fair and non-deceptive. Section Five of the Federal Trade Commission Act gives the agency broad latitude to intervene to prevent ‘unfair and deceptive’ practices. Now, in any kind of sane world, this would be a prohibited activity.
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Even Google staff complain that they can't figure out how to turn off location tracking.
And even then, it's not clear if they're really doing it. There are at least 12 different places where you have to turn it off to stop the location tracking.
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If you turn off location tracking in your Android or iOS device, it will not stop tracking your location. Google gathers your location data in a way that is plainly deceptive.
How does this interplay of power between the state and corporations take place?Ĭory: Well here's a very clear example. And so this really needs to be understood as a public–private partnership. It can just ask Facebook or Google or Apple for information that it couldn’t otherwise reach. By allowing firms to do that, by failing to step in and demand regulation, the US government has accomplished a future in which the NSA doesn't need to wiretap us all. It is highly unlikely, for example, that the US National Security Agency (NSA) could have gotten regulatory authority or convinced us to carry beacons that broadcast our location all over the world. We now have any number of ‘chokepoints’ in which speech or similar activities like fundraising can be controlled by one of a very small number of firms.Īnd it's important to note that the reason those firms were allowed to grow as large as they have, the reason that state regulators turned such a blind eye, is because states view those firms as potential deputies for their own exercises of power. This is a marked departure from the early ethos that birthed these firms, which was characterised by the idea that the internet would be a new kind of network where anyone who wanted to speak to anyone could do so without any third party intervening. A small number of extremely powerful firms, namely Google, Amazon, Facebook, Apple, Microsoft, have what the European regulators call gatekeeper power – the right to decide who can speak, who can reach one another, how it works.
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As Tom Eastman, a software developer in New Zealand, has observed: the Web has devolved into five giant websites filled with screenshots of text from the other four. Let's start with a big open question that is at the heart of TNI’s State of Power report: Who has digital power today?Ĭory: That is an excellent question.
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