[Infowarrior] - Obama wants you (to spill your secrets)
Richard Forno
rforno at infowarrior.org
Mon Nov 24 04:30:44 UTC 2008
http://www.salon.com/mwt/feature/2008/11/24/online_privacy/print.html
Barack Obama wants you (to spill your secrets)
Prospective White House employees must cough up an unprecedented
amount of detail about their online activity. Is the new
administration being smart -- or scary?
By Michael Martin
Nov. 24, 2008 |
In his first press conference after the election, Barack Obama cracked
a joke about Nancy Reagan holding séances in the White House. (It was
factually inaccurate; the former first lady was into horoscopes, not
"Hellraiser.") This provoked the administration’s first apology, but
not the first bipartisan critique. That came a week later, with the
release of the administration’s job application.
In 63 questions over seven pages, prospective White House employees
are being asked — in addition to questions about finances, gun
ownership and, possibly, flossing habits — to list “all aliases or
‘handles’ you have used to communicate on the Internet,” everything
they’ve written, “including, but not limited to, any posts or comments
on blogs or other websites,” links to their Facebook or MySpace pages
and any potentially embarrassing “electronic communication, including
but not limited to an email, text message or instant message.”
Three, two, one, controversy! “Mr. Obama has elevated the vetting even
beyond what might have been expected,” declared the New York Times on
Nov. 13. TV commentators, giddy with White House puppy speculation
only hours earlier, expressed concern. The words “intrusive” and “most
extensive” were frequently used. Rachel Maddow raised her first
eyebrow at the new administration. In a commentary on ABCNews.com, Sam
Donaldson wondered if Obama would pass his own vetting (citing
question 20, about association with controversial characters).
By now, it’s conventional wisdom that Obama’s transition team intends
to “avoid the mistakes” of the Clinton administration, whose early
Cabinet appointments were under-researched and ultimately sunk by
scandals involving untaxed nannies and undocumented housekeepers. In
that view, the prospect of a little rigor seems reassuring. The
wounded right is almost certainly coiled to pounce on the first sign
of indiscretion. And Sarah Palin — that improper gift that kept on
giving — was propelled onto the national stage largely by lazy vetting.
But something about those Internet-usage questions caused a lingering
shock. The idea of listing every blog comment you’ve ever made?
Laughable. But the imperative to disclose every Internet alias you’ve
ever used? Uncomfortable. Unexpected. And more than a little ironic.
The grassroots campaign that was incubated — and largely won — on the
Internet has now assumed the role of moral groundskeeper, parsing and
judging the online behavior of the generation that launched it.
“It reflects, in a strange way, the relatively clean record the
president-elect has,” says Paul Ohm, an associate professor of law at
the University of Colorado. No one was really able to dig up dirt on
Obama. Starting at the very top, you have someone who has laid it all
bare and lived to see the next day. So maybe it doesn’t seem
exceptional to ask those who want to work for him to do the same
thing.” Obama did, after all, confess to drinking, doing drugs and
engaging in other youthful indiscretions in his 1995 memoir, "Dreams
From My Father."
But how clean will Obama’s staffers have to be? Today, everyone has an
extensive Web trail, and young and old alike have embarrassed
themselves online, either by accident or an ignorance of potential
repercussions. How many members of Generation O, newly roused to the
idea of government participation, will be judged unfit because they
were playing against rules they didn’t foresee? Will the application
have a chilling effect, discouraging potentially qualified candidates?
Will the administration be staffed with an army of flavorless Tracy
Flicks, resulting in a more conservative White House than we bargained
for, at least from a human-resources standpoint?
We don’t know. Clues will become evident only down the road — if and
when thwarted applicants choose to blog about it. But, for now,
privacy experts don’t agree that the application is all that
intrusive. “It may not be a good thing or a comfortable thing, but I
think it was to be expected in today’s information age,” says Anita L.
Allen, a professor of law and philosophy at the University of
Pennsylvania. “If it’s a little bit awkward, it’s because we’ve never
had to do this before. In history, there’s never been so many
different ways in which embarrassing, salacious or inappropriate
conduct can go viral. It shouldn’t be surprising that an
administration that’s raised so much money by using the Internet also
understands, better than most, the dangers the Internet poses for
revealing embarrassing facts about people’s lives. ”
In the application, the words “controversial” and “embarrassing”
appear several times. But how do you define either, and what is a
disqualifier? An impulsive rant in a comments section? An ill-advised
foray into Second Life? Holding a beer in a Facebook photo? Who among
us has not sent a text message — or a hundred — that might not
embarrass us in retrospect, much less an entire presidential
administration? In this sexy, Web-savvy new political era, must
individuals with even a cursory interest in future government service
comport themselves online like traditional politicians?
“One concern is: Is requesting this information a substitute for a
moral vetting?” says Allen. “There are issues to be discussed there,
and it might be very troubling, especially to liberals, to think that
someone has to have led a conventionally squeaky-clean, perfect life
in order to be qualified to work for a new administration. My guess is
that this isn’t about morality. It’s about appearances. The Obama
administration does not want to appear to be full of people with
salacious backgrounds, nor does it want to have to waste time dealing
with media publicity around an embarrassing past. There are way more
important things to worry about right now.”
Marc Rotenberg, the executive director of the Electronic Privacy
Information Center in Washington, says the questionnaire’s level of
vetting is appropriate. “I’m not necessarily against intrusive
questions,” he says. “What I’m concerned about is the absence of any
notable privacy protection that would prevent the subsequent use of
the information. It illustrates a larger problem that the United
States has: We don’t have good privacy safeguards for the collection
of personal data in the private sector. The Obama administration
should be credited for the good job they’ve done so far in setting a
high bar for ethics in government. But the transition team has dropped
the ball in not establishing similar high standards for the privacy of
the very detailed information they’re gathering from this
questionnaire.”
In some ways, the application is merely an extension of corporate
background checks that have been going on for years. “What’s being
asked is not qualitatively different from the kind of highly personal
information that’s been asked in the past: medical exams, drug and
alcohol tests,” says Allen, who is accustomed to being interviewed by
the FBI about the suitability of former students for government posts.
“Background checks are nothing new. It feels new because the questions
are different, but my guess is we’re going to get used to asking these
kind of questions.”
In fact, the questionnaire may be ultimately more old school than it
seems: Because any disclosures about online behavior are voluntary,
they promise to be as effective as other voluntary disclosures usually
are. If given a questionnaire about inappropriate online behavior,
Mark Foley probably wouldn’t have owned up to his definitely
embarrassing chat sessions with teenage boys. “I think asking the
questions is more about setting the tone and justifying the later
punishment,” says Ohm. “The administration would be fooling themselves
if they think they’re immunizing themselves from scandal. Almost every
applicant is going to withhold the truly, truly, devastatingly
embarrassing thing that’s out there.”
The question about online handles disturbs Ohm a little more. “There,
they’re starting to tread on personal, private anonymity in a way that
is kind of without precedent,” he says. “I can’t think of another
situation where someone had been compelled to give up all of their
handles. There are very good reasons you might have an email address
squirreled away that no one knows about, and it doesn’t seem fair to
have to reveal that to get a job like this.”
Back to Nancy Reagan for a second. In the 2002 story collection
"Things You Should Know," A.M. Homes published a short story that
envisioned the former first lady leading an elaborate secret life on
the Internet, logging on to the Psychic Friends Network as
"Starpower," flirting with a middle-aged biker under the name "Lady
Hawke" and joining an Alzheimer's support group as "Edith Iowa."
Like the fictional first lady, most of us have found community and
enlightenment in anonymity. (Well, in concept.) In recent years, legal
scholarship has held that one of the benefits of privacy is one’s
ability to try on different masks, to be different people at different
times. “There are quite a few very smart people who think this is very
essential in self-development as a human being,” says Ohm. “This
application is asking you to list all of those different masks next to
one another, and link them all to one another: The person who did X is
also the person who did Y and also sent e-mail V. That’s a real
powerful unmasking. Now the administration has that document, and that
may get into the public someday. In some ways, it is forcing us to
violate some trust we had — it was the one thing we didn’t think we’d
ever be asked, and to get this job we desperately want, this is what
we have to do.”
But not all of us, not yet. “This is a fairly rarefied category of
people. We have, regrettably, watched celebrities lose a fair amount
of privacy over the years. This is the same sort of thing,” says Ohm.
“On the other hand, if Obama starts asking this question of the fourth-
tier appointees or, God forbid, career appointees, then nothing I’ve
said would be true, and I’d be much more alarmed.”
What is clear: The release of the Obama application is the latest, and
loudest, in a series of wakeup calls about the conflict between online
socializing and professional opportunity, and even those who've never
aimed a tourist's camera toward the White House -- much less a
lifetime of ambition -- could be forgiven for taking a personal
inventory. None of us truly knows which parts of our online selves
we'll be asked, or expected, to proffer in the future -- or that no
opportunity is worth that revelation. This marks a turning point in
what online privacy is, or what we can expect it to be, and our
ongoing negotiations between online self-expression and self-care.
“This is the new reality,” says Allen. “On one hand, we’ve moved
forward in terms of technology. But we’ve not moved forward in terms
of our expectations of demeanor, professionalism and judgment. We’re
kind of living in the 1950s and the 21st century at the same time.”
-- By Michael Martin
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