Thursday, January 28, 2021

WhatsApp's New Privacy Policy: Collecting Metadata and Its Implications

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Vaishnavi Krishna Mohan

Article Title

WhatsApp's New Privacy Policy: Collecting Metadata and Its Implications

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Global Views 360

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January 28, 2021

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Representative Image WhatsApp

Representative Image WhatsApp | Source: Rachit Tank via Unsplash

According to WhatsApp’s new privacy policy, the app is set to collect “only” user’s Metadata. Metadata can reveal a lot more than merely the app usage of a person. Former NSA General Counsel Stewart Baker stated, “Metadata absolutely tells you everything about somebody’s life. If you have enough metadata you don’t really need content.”

This article explores the ways in which WhatsApp is underselling the true estimation of the significance of Metadata.

Facebook owned WhatsApp recently announced the update of its privacy policy terms. 8th of February, 2021 was initially set as the deadline for users to either accept the new privacy policy or delete their account. By this time, most of us have already witnessed or been a part of the backlash that WhatsApp is experiencing. LocalCircles conducted a survey and the results indicated that 15% of India’s users are likely to move away entirely from the app while 36% will drastically reduce the usage and 67% of users are likely to discontinue chats with WhatsApp business accounts.

To reinstall trust in its users, WhatsApp released a clarification stating that the new policy update doesn’t compromise privacy of messages with friends and family. Furthermore, it explains that the update includes changes related to WhatsApp business accounts are optional too.

However, owing to severe backlash, WhatsApp has pushed the deadline to May 15 while they further clarify their policy updates.

It is true that WhatsApp cannot read our messages as it is end-to-end encrypted which implies that only a message’s sender and receiver can read it. The updated privacy policy intends to alert users that some businesses would soon be using Facebook-servers to store messages with their customers. By accepting the new privacy policy, users will be allowing WhatsApp to reserve all rights to collect your data and share it with the expansive Facebook and Instagram networks ‘regardless of whether you have profiles on those apps.’

A person using WhatsApp | Source: Andrés Rodríguez via Pixabay

By using WhatsApp, you may now be sharing your usage data, your phone’s unique identifier, your location when the location service is enabled, among several other types of metadata. A culmination of all your metadata is linked to your identity.

The value of metadata has been underestimated since the term isn’t clearly understood. Metadata is data about our data. For instance, in a cell phone conversation, the conversation itself isn’t metadata but everything except that is metadata. Data regarding who you called, how long you spoke for, where you were when you placed the call, where the other person on the line was and the time you placed the call. Consider a situation when every time you made a call to someone, you had to inform a particular person about who you called, how long you spoke for, when and where and all other details except the content spoken. This applies for every single call and everyone else’s metadata is also being recorded. The person owning the metadata can analyze and tell a lot about your personal life. Who you work with, who you spend time with, who you are close to, where you are at particular times and so on…

Kurt Opsahl, in his post in the Electronic Frontier Foundation, gives an example of how companies and governments collect intimate details about your life with the disguised use of the word called metadata. The following examples are an excerpt of his article:

“They know you rang a phone sex service at 2:24 am and spoke for 18 minutes. They know that you called suicide prevention hotline from the Golden Gate Bridge.

They know you spoke with an HIV testing service, then your doctor, then your health insurance company in the same hour.

They know you called a gynaecologist, spoke for a half hour, and then called the local Planned Parenthood's number later that day. But nobody knows what you spoke about.”

Metadata provides more than required context to know some of the most intimate and personal details of your lives.  When this data is correlated with the records of other phone calls, one can easily obtain a lot more data and track our daily routines. This is merely about phone calls. WhatsApp includes a lot more features and will collect metadata of chats, businesses and money transactions.

In WhatsApp’s words:

“We collect service-related, diagnostic, and performance information. This includes information about your activity (such as how you use our Services, how you interact with others using our Services, and the like), log files, and diagnostic, crash, website, and performance logs and reports.”

In addition to this, WhatsApp also collects information about IP address, OS, browser information and phone number.

Stanford’s computer scientists conducted an analysis to understand the extent of intrusion of privacy using metadata. The scientists built an app for smartphones. The app was developed to retrieve metadata of calls and text messages from more than 800 volunteers’ phone logs. The researchers received records of more than 250,000 calls and 1.2 million texts. Their inexpensive analysis revealed personal details of several people like their health records. Researchers were also able to learn that one of their participants owned an AR semi-automatic rifle with only metadata.

Gen. Michael Hayden | Source: Wikimedia

Gen. Michael Hayden, the former head of the National Security Agency once stated that “the U.S. government kill[s] people based on metadata.”

In 2016, Facebook was involved in the infamous data privacy scandal which centered around collection of personal data of over 87 million people by Cambridge Analytica, a political consulting and strategic analyst firm. The organization harvested user data for targeted advertising, particularly political advertising during the 2016 U.S. election. While the central offender was Cambridge Analytica, the apparent indifference for data privacy to Facebook facilitated Cambridge Analytical and several other organizations.

In June 2018, Facebook confirmed that it was sharing data with at least 4 Chinese companies, Huawei, Oppo, Lenovo and TCL. Facebook was under scrutiny from the U.S. intelligence agencies on security issues as they claimed that the data with the Chinese telecommunication companies would provide an opportunity for a foreign espionage.

In September 2019, there were reports that the Indian government contemplated making it mandatory for companies like Google, Facebook, and Amazon, to share the public data of users.

The Ministry of Electronics and IT (MeitY) was planning on issuing new guidelines under the Information Technology Act which according to which tech giants would have been required to share freely available data or the public information that they collate in the course of their operations, including traffic, buying and illness patterns.

Europe is exempted from WhatsApp’s new privacy policy as EU antitrust authorities fined Facebook 110 million euros for misleading the regulators during the takeover of WhatsApp in 2014. EU’s strict privacy laws empowers regulators to fine up to 4% of global annual revenue of the companies that breach the bloc’s rules.

Your Metadata is extremely personal. By giving WhatsApp the authority to access it, you are giving access to several other organizations, businesses and it also makes you more vulnerable to third-party hackers and trackers. WhatsApp has given multiple assurances about its updated privacy policy being noninvasive. However, most of these assurances are cleverly worded and misleading statements. It is important to read through the fine print of the new policy before accepting it.

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February 7, 2021 5:58 PM

Jordan Peterson and Bill C-16: What does each side argue?

Jordan Peterson, a clinical psychologist by profession, shot to fame in 2016 when he began protesting against the Bill C-16. He released his own video lecture series on the subject as well—which garnered millions of views. Some people support him, while others oppose him, but who is Jordan Peterson and what are his ideas? And what is it about Bill C-16 which divided the public opinion about Peterson?

These are the questions which this article will uncover.

Who is Jordan Peterson? And what are his ideas?

Jordan Peterson is a Canadian clinical Psychologist by profession and was a professor of psychology at the University of Toronto. He rose to intellectual stardom after taking a stand against “politically correct culture” and Bill C-16. He started protesting against the excesses of the cultural left. He has written several books including 12 Rules For Life, Maps of Meaning, Political Correctness, etc. While most of them are Self-help books, some are also on the idea of political correctness and its criticism, and where the left has gone wrong. He released his video lectures online on YouTube which have gathered massive views and followings, and gave him the celebrity status. Peterson’s videos on C-16 and political correctness racked up more than 400,000 views on YouTube within about a month of posting.

Although several newspapers such as The New York Times and The Wall Street Journal have described him as “conservative” and “conservative-leaning”, Peterson calls himself a “Classic British Liberal” and a “traditionalist”. He has said that he’s commonly mistaken to be a “right winger”, which he denies.

The University of Toronto said it had received complaints of threats against trans people on campus. There are complaints from students and faculties that Peterson’s comments are “unacceptable emotionally disturbing and painful” and have urged him to stop doing it.

On the other hand, Dr Peterson is concerned proposed federal human rights legislation "will elevate into hate speech" his refusal to use alternative pronouns. He argues that terms like "gender identity' and "gender expression" are too broad, and will be used by “radical social constructionists” to bully their opponents into submission. "One is silent slavery with all the repression and resentment that that will generate, and the other is outright conflict. Free speech is not just another value. It's the foundation of Western civilization," he told the BBC.

Many feckless young men have started following him—often using his ideas against the transgender community. Fans of Peterson and his ideologies saw the video as proof of his genius and bravery; Peterson was the avatar of reason and facts pushing back against irrational “social justice warriors” (SJWs). There were rallies both for and against Peterson in Toronto, and he made the rounds on Canadian television.

What is Bill C-16?

The law is an amendment to the Canadian Human Rights Act by adding "gender identity or expression" as a prohibited ground of discrimination. That makes it illegal to deny services, employment, accommodation and similar benefits to individuals based on their gender identity or gender expression. A person who denies benefits because of the gender identity or gender expression of another person could be liable to provide monetary compensation.

Similarly, the law also amends the Criminal Code by adding "gender identity or expression" to the definition of "identifiable group" in section 318 of the Code. If there’s evidence that an offence is motivated by bias, prejudice or hate, it can be taken into account by the courts during sentencing.

It would also extend hate speech laws to include these two terms “gender identity” and “gender expression” and make it a hate crime to target someone for being transgender, publicly inciting hatred or advocating genocide.

Peterson and Bill C-16: Arguments from both the sides

Apparently, not everyone is convinced that Peterson is a thinker of substance. Last November, fellow University of Toronto professor Ira Wells called him “the professor of piffle”—a YouTube star rather than a credible intellectual. Tabatha Southey, a columnist for the Canadian magazine Macleans, designated him “the stupid man’s smart person”.

Dr Peterson's University of Toronto colleague, Dr Lee Airton, argues he is being alarmist and indulging in "slippery slope fallacies" on the limits of free speech.

"If you actually listen and you parse out the arguments, it becomes very clear that this not about freedom of speech, that this is about reducing transgendered people's needs as excessive and illegitimate," he told the BBC.

The bill was passed in the Senate. Before it was passed, there were a lot of debates and deliberations on the bill and what kind of effects it may have.

Senator Grant Mitchel | Source: Canada Senate Website

“This bill is not only about the protections it provides, but also the message that the Parliament is delivering to all Canadians about the need to treat everybody equally,” Independent Alberta Senator Grant Mitchell, who is also a longtime advocate for trans rights, said after the bill’s passage.

Few conservative senators voted against the legislation. Conservative Manitoba Senator Don Plett has called it a threat to free speech. He alleged that he feared the bill would force him to use gender neutral pronouns when addressing trans people. There is also a largely refuted myth among conservatives that this law will allow “men to pose as women to attack them in the bathroom”. Conservative Ontario Senator Lynn Beyak said, “As a woman, why would I support Bill C-16 when feminists have fought for so many years to protect women from the violence perpetrated against them by men. This will allow men to go into women’s change rooms and bathrooms across the country.”

This bill has been intensely debated, and as the trans community is happy that the bill would provide their vulnerable community, the feminists fear it could bring threat to spaces reserved for what they refer to as “female-born women”.

Critics have also voiced concerns that the law will penalize citizens who do not use specific pronouns when referring to gender diverse people.

Brenda Cossman from University of Toronto | Source: CBC.CA

Brenda Cossman, law professor at the University of Toronto and director of the Mark S. Bonham Centre for Sexual Diversity Studies, told CBC, “The misuse of gender pronouns, without more, cannot rise to the level of a crime,” she says. “It cannot rise to the level of advocating genocide, inciting hatred, hate speech or hate crimes … (it) simply cannot meet the threshold. Would it cover the accidental misuse of a pronoun? I would say it’s very unlikely. Would it cover a situation where an individual repeatedly, consistently refuses to use a person’s chosen pronoun? It might.”

The Canadian Human Rights Act does not mention pronouns either. The act protects certain groups from discrimination.

But now the question was, if a person disagrees to use the pronouns for a person repeatedly on purpose, will it land that person in jail? To this, Jared Brown, commercial litigator at Brown Litigation, who often works with corporate clients on employment law and human rights disputes, told CBC, “It is possible, through a process that would start with a complaint and progress to a proceeding before a human rights tribunal. If the tribunal rules that harassment or discrimination took place, there would typically be an order for monetary and non-monetary remedies. A non-monetary remedy may include sensitivity training, issuing an apology, or even a publication ban. If the person refused to comply with the tribunal's order, this would result in a contempt proceeding being sent to the Divisional or Federal Court. The court could then potentially send a person to jail “until they purge the contempt,”” he said.

Furthermore, he said that the path to prison does exist—but only in extreme cases—and it’s not that easy to get there, he mentions “The path to prison is not straightforward. It’s not easy. But, it’s there. It’s been used before in breach of tribunal orders.”

Conclusion

A law to protect transgender rights and allowing them to identify the way they are comfortable is indeed a progressive step for Canada. Although the laws do not impose any threat on the citizen’s safety or freedom of speech, some parts of it as argued by Mark S. Bonham is a little vague. Therefore, solutions to the problems should be addressed by the government of Canada.

However, what is also clear that Jordan Peterson’s action is just spreading misinformation and hysteria among people who are unaware of the law and are contributing towards a transphobic discourse.

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