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In response your second question, opt in would look exactly like this: don't have the box checked by default, with an option to enable it: "use this to improve local search, we will create an encrypted index of your data to send securely to our servers, etc..." A PhD is not necessary to understand the distinction between storing data locally on a machine vs. on the internet.



Even here with HN crowd: it's not an index, it's not stored on a server, and it's not typical send-securely encryption (not PK or symmetric "encrypted in transit", but homomorphic "encrypted processing"). Users will think that's all gibberish (ask a user if they want to send an index or vector representation? no clue).

Sure, you can ask users "do you want to use this". But why do we ask that? Historically it's user consent (knowingly opting in), and legal requirements around privacy. We don't have that pop up on any random new feature, it's gated to ones with some risk. There are questions to ask: does this technical method have any privacy risk? Can the user make informed consent? Again: I'm not pitching we ditch opt-in (I really don't have a fix in mind), but I feel like we're defaulting too quickly to "old tools for new problems". The old way is services=collection=consent. These are new privacy technologies which use a service, but the privacy is applied locally before leaving your device, and you don't need to trust the service (if you trust the DP/HE research).

End of the day: I'd really like to see more systems like this. I think there were technically flawed statements in the original blog article under discussion. I think new design methods might be needed when new technologies come into play. I don't have any magic answers.


> I think there were technically flawed statements in the original blog article under discussion.

Such as?


The third choice, after opt-in and opt-out is to force the user to choose on upgrade before they can use their device again. "Can we use an encrypted, low-resolution copy of your photos that even we ourselves can't see?"


Okay except "encrypted, low-resolution copy of your photos" is an incredibly bad explanation of how this feature works. If nobody on HN so far has managed to find an explanation that is both accurate and understandable to the average consumer, any "hey can we do this" prompt for this feature is essentially useless anyways. And, IMO, unnecessary since it is theoretically 100% cryptographically secure.


I think it's sufficiently accurate, why don't you think it is? I don't think the vector vs low-res aspect is particularly material to understanding the key fact that "even we ourselves can't see?"


I Think the best response is make it how iCloud storage works. The option is keep my stuff on the local device or use iCloud.


Exactly. It's the height of arrogance to insist that normal users just can't understand such complex words and math, and therefore the company should not have to obtain consent from the user. As a normal lay user, I don't want anything to leave my device or computer without my consent. Period. That includes personal information, user data, metadata, private vectors, homomorphic this or locally differential that. I don't care how private Poindexter assures me it is. Ask. For. Consent.

Don't do things without my consent!!! How hard is it for Silicon Valley to understand this very simple concept?


Every TCP session leaks some PRNG state for the ISN. That might leak information about key material.

Every NTP session leaks time desync information, which reveals—on modern hardware—relativistic travel, including long airplane trips.

Every software update leaks a fortune about what you run and when you connect.

I don’t think it’s reasonable to ask that people consent to these; I don’t think they can. I absolutely agree that photo metadata is different and at a way higher level of the stack.


This, 1000x. Thank you for voicing the absurdness of their approach to 'consent'.


The average smartphone is probably doing a hundred things you didn’t knowingly consent to every second.

Should Apple insist that every end user consents to the user agent string sent on every HTTP request?


> The average smartphone is probably doing a hundred things you didn’t knowingly consent to every second.

You've succinctly identified a (maybe the) huge problem in the computing world today. Computers should not do anything without the user's command/consent. This seems like a hopeless and unachievable ideal only because of how far we've already strayed from the light.

Even Linux, supposedly the last bastion of user control... it's a mess. Do a fresh install and type ps ax at a shell. You'll see dozens of processes in the background doing god knows what. I didn't consent to any of this! The distribution's maintainer simply decided on my behalf that I want the computer to be running all these processes. This is totally normalized!

I don't expect my computer to ask for consent again and again for every byte sent over the network, but I do expect it to obtain my consent before generally accessing the network and sending bytes over the network.


"The light" you claim is that users should have the knowledge and discernment to consent to what a computer does.

To me, there's never been a case, except maybe in the first decade or so of the hobby/tinkering PC movement, where most users had this ability.

Should we just not use computers?


> Should we just not use computers?

I don't think "should we just give up?" is a reasonable question to anything.


> I do expect it to obtain my consent before generally accessing the network and sending bytes over the network.

How would that make any difference in this case? Presumably, you'll have long-ago checked the "allow general access to the network" setting, so you've given consent to the "send my photo data" action. Heck, surely connecting to the internet in the first place is implicit consent that you want to send stuff over the network?


If I were actually given the choice, I would not check any checkbox allowing an application broad, unfettered access to the network. But, in most cases I'm not even given that choice!


> I didn't consent to any of this!

Yes you did. You purchased a computer, put this software on it and executed it. If you didn't want it to do whatever it's doing you should have determined what it would do beforehand and chose not to do it.


> whatever it's doing

Even assuming that running the software implies my consent (which I would dispute), how do I make the decision about whether I should execute the software if I don't know what it is doing?

This all-or-nothing approach is also problematic. I should not have to allow the developer free rein to do whatever he wants, as a condition of using the software. This is why operating systems are slowly building granular permissions and consent checks.


Installing and booting Linux absolutely implies consent to let it do what it does. It's open source, you can evaluate what it does before booting it. You know it's comprised of many processes, you know it has a networking stack, you connected it to a network. You can't then ask OMG why didn't it ask before sending something?

I agree that all-or-nothing is problematic but even with a flexible permission system the best you can hope for is for all the things apps do to be itemized and set to sane defaults. But even then sanity is subjective. For every person like you (and me fwiw) who values privacy there are 1000 people who will never find the settings, don't care about privacy, and will wonder why stuff isn't working.

Ultimately privacy is similar to security in that it comes down to trust. If you don't trust your OS you're screwed. Your choices are try to exert as much control over it as possible, or don't use it.


That's not how informed consent works.


> You've succinctly identified a (maybe the) huge problem in the computing world today.

And getting downvoted for saying it, which is a fascinating incongruity.


> incongruity

Or signal of non-named stakeholders.


It’s amazing how hostile Silicon Valley (and HN commenters) are to the basic idea of consent. It’s as if simply asking the user for permission is a grave insult to these technologists. “I shouldn’t have to ask permission! It implies I’m doing something bad!” they might be thinking.

If the world was a nightclub, “Silicon Valley” would be a creepy guy who walks up to every woman and says “You’re now dating me. To stop, you need to opt out using a form that I will do my best to make sure you can’t read.”


You're inverting morality and infantilising the consumer. Apple is a corporation. Corporations don't owe you moral anything, except as required by law.

Choosing an Apple product is consent to trusting Apple. Continued use their products represents ongoing consent. This is an objective fact about all complex connected devices and it cannot possibly be otherwise.


Corporation are driven by people. They’re not a separate entity that decides to do things while their owners are sleeping. Every actions have someone that suggested it and someone that gave the green light.


Corporations are driven by shareholders, through the board of directors, through the c-suite, which have a fiduciary obligation to maximise profits.




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