Privacy protections are needed for government overreach, too

After the unfortunate yet predictable Facebook episode involving Cambridge Analytica, several leaders in the technology industry were quick to pledge they would never allow that kind corporate misuse of user data.

The fine print in those pledges, of course, is the word ‘corporate,’ and it’s exposed a glaring weakness in the privacy protections that technology companies have brought to bear.

Last week at IBM Think 2018, Big Blue’s CEO Ginni Rometty stressed the importance of “data trust and responsibility” and called on not only technology companies but all enterprises to be better stewards of data. She was joined by IBM customers who echoed those remarks; for example, Lowell McAdam, chairman and CEO of Verizon Communications, said he didn’t ever want to be in the position that some Silicon Valley companies had found themselves following data misuse or exposures, lamenting that once users’ trust has been broken it can never be repaired.

Other companies piled on the Facebook controversy and played up their privacy protections for users. Speaking at a televised town hall event for MSNBC this week, Apple CEO Tim Cook called privacy “a human right” and criticized Facebook, saying he “wouldn’t be in this situation.” Apple followed Cook’s remarks by unveiling new privacy features related to European Union’s General Data Protection Regulation.

Those pledges and actions are important, but they ignore a critical threat to privacy: government overreach. The omission of that threat might be purposeful. Verizon, for example, found itself in the crosshairs of privacy advocates in 2013 following the publication of National Security Agency (NSA) documents leaked by Edward Snowden. Those documents revealed the telecom giant was delivering American citizens’ phone records to the NSA under a secret court order for bulk surveillance.

In addition, Apple has taken heat for its decision to remove VPN and encrypted messaging apps from its App Store in China following pressure from the Chinese government. And while Tim Cook’s company deserved recognition for defending encryption from the FBI’s “going dark” effort, it should be noted that Apple (along with Google, Microsoft and of course Facebook) supported the CLOUD Act, which was recently approved by Congress and has roiled privacy activists.

The misuse of private data at the hands of greedy or unethical corporations is a serious threat to users’ security, but it’s not the only predator in the forest. Users should demand strong privacy protections from all threats, including bulk surveillance and warrantless spying, and we shouldn’t allow companies to pay lip service to privacy rights only when the aggressor is a corporate entity.

Rometty made an important statement at IBM Think when she said she believes all companies will be judged by how well they protect their users’ data. That’s true, but there should be no exemptions for what they will protect that data from, and no denials about the dangers of government overreach.