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Content Nation: Google's Gmail Privacy Concerns vs. Visionary Content Value
   
    12 April 2004
SUMMARY:
 
 
In danger sometimes we find answers to our problems in places that we would least expect to find safety. The controversial  terms and conditions of use associated with Google's new Beta Gmail email service seem to be very threatening to many concerned about the privacy of personal content. But in a world in which dangerous and noxious emails turn up in even corporate inboxes with alarming regularity, what's wrong with trying to control the context of personal content? Gmail may be just the experiment we need to design a strong content nation that can both protect and serve its citizenry.

The wave of furor raised by privacy advocates regarding Google's barely-out-of-the-box Beta of Gmail is almost deafening in its breadth and resolve. News wires, weblogs and governments are heaving up a united chorus against its concept and its terms and conditions of use. There are two major factors that have people up in arms. First, Gmail is scanning incoming and outcoming emails for information that can help to place contextual ads alongside incoming mails, a capability that may also feed Google's understanding of Web links and topics that people find to be important. Secondly, Gmail terms and conditions allow for (but do not require) the surrendering of personal emails to governmental authorities conducting investigations and for the storage of Gmail in whatever country Google chooses for hosting. The fact that the Ts&Cs may be modified at any time seems to exacerbate the issues in some minds, though this is a fairly common practice for new and innovative services that are breaking new ground.

There are some legitimate concerns being raised, as some of the initial legal language is in need of redesign. Google is great at serving people with technology, but still learning how to talk with them. But from a cooler perspective it's worth noting that Google is trying to address major deficiencies in how email is perceived and managed as content. The most common argument on the wires today is that Google proposes to step over the line of being a "common carrier" for personal email as styled by telecommunications law, as opposed to providing a content service at a telecommunications destination. So they may. But perhaps that's the point: telecommunications law is out of date and has done a woeful job of protecting people from the true enemies of privacy.

The U.S. CAN-SPAM Act has done virtually nothing to stem the tide of noxious and dangerous content making its way into inboxes. Concerns about government surveillance of emails are hardly unwarranted (as if this doesn't happen anyway), but in a time when my spam filter's inbox feels more like a dirty public restroom than the vestibule of my private domain awaiting valued content guests, the government is hardly at the top of my concerns. Many of these emails come through pretending to be from me or known associates or with viruses intent on stealing personal information from me, furthering the abuse of my personal identity. Email as currently designed is one of the least private forms of personal communication ever invented.

In the meantime, millions of people worldwide have their emails scanned and filtered by their employing organizations, many of which have a huge stake under corporate compliance regulations to be held accountable for every piece of content that passes through their jurisdiction. While corporate "big brothers" have instigated some of this monitoring, most of the requirements come from those entrusted to protect the public good from corporate malfeasance. In the process of putting systems in place to manage corporate content such as emails far more effectively, corporations have already started to discover what Google is trying to bring to light: that when email is treated as content that's an integral part of a knowledge base, huge value is placed at the disposal of both organizations and individuals.

The real upshot of Gmail is twofold. First, it recognizes that governments are largely ineffective at protecting email from the very real privacy concerns that individuals have in a world in which there are many supra-governmental threats. Spam and viruses are electronic terrorism, agents in a highly networked world in which individuals can no longer rely on the protection of governments for either personal privacy or personal security. In response to this terrorism, Google says to people: you have a choice. You can play it the government's way, which isn't working, or you can play by the rules of our corporation, which will try to protect you as well as any powerful corporation would protect its own interests. In exchange for this protection, Google offers the second part of its bargain: membership in an elite electronic society, in which the machine acts as a benevolent and neutral agent to help people understand what everyone is thinking and considering important at any given point in time. In other words, with Gmail you gain entry into a corporation-sponsored content nation that may empower individuals and institutions with a far wider and more powerful knowledge base than any single corporation could muster otherwise (see our earlier weblog).

Seeing the birth of this content nation-state in the hands of a corporation is very unnerving to many. "You've been living in a dream world, Neo," the character Morpheus opines in the movie The Matrix as he reveals to the captive freed from a future world dominated by less-than-benevolent machines the mythical existence in which the machines had coddled him. Confronting the reality of the threats to one's freedoms can be very jarring. But it's the coddling that's the real danger, the choices made for us to which we accede all too easily. Privacy advocates and governments are finding an easy target in Google's corporate interests even as they fail on so many other levels to provide individuals with the true personal privacy and security that's needed for a sane and safe content nation.

For those who find it hard to imagine that a corporation could give birth to a fair and global content nation, please remember that many of the first settlers of New England and other parts of North America - Plymouth included - were under the auspices of corporations, also. Some of those experiments turned out pretty well. Google's sponsorship of a new way to approach content security and content value via Gmail may be just the incubator that the world of content needs to establish a new regimen of how to protect personal content value fairly while providing extremely powerful new levers into communal content value. It may fail, it may stumble, and if it does, so be it. Nobody has to get on the boat to the "new world", after all. In the meantime, a world is struggling to find the right answers for personal content security in vain. For now, here's to the colony.

- John Blossom

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