A tremendous post from June that could not recommend more. Read it this weekend if you haven’t already.

In the eyes of regulators, privacy still means what it did in the eighteenth century—protecting specific categories of personal data, or communications between individuals, from unauthorized disclosure. Third parties that are given access to our personal data have a duty to protect it, and to the extent that they discharge this duty, they are respecting our privacy…

This requires us to talk about a different kind of privacy, one that we haven’t needed to give a name to before. For the purposes of this essay, I’ll call it ‘ambient privacy’—the understanding that there is value in having our everyday interactions with one another remain outside the reach of monitoring, and that the small details of our daily lives should pass by unremembered. What we do at home, work, church, school, or in our leisure time does not belong in a permanent record. Not every conversation needs to be a deposition.

Until recently, ambient privacy was a simple fact of life. Recording something for posterity required making special arrangements, and most of our shared experience of the past was filtered through the attenuating haze of human memory. Even police states like East Germany, where one in seven citizens was an informer, were not able to keep tabs on their entire population. Today computers have given us that power. Authoritarian states like China and Saudi Arabia are using this newfound capacity as a tool of social control. Here in the United States, we’re using it to show ads. But the infrastructure of total surveillance is everywhere the same, and everywhere being deployed at scale.

Ambient privacy is not a property of people, or of their data, but of the world around us. Just like you can’t drop out of the oil economy by refusing to drive a car, you can’t opt out of the surveillance economy by forswearing technology (and for many people, that choice is not an option). While there may be worthy reasons to take your life off the grid, the infrastructure will go up around you whether you use it or not.

Because our laws frame privacy as an individual right, we don’t have a mechanism for deciding whether we want to live in a surveillance society. Congress has remained silent on the matter, with both parties content to watch Silicon Valley make up its own rules. The large tech companies point to our willing use of their services as proof that people don’t really care about their privacy. But this is like arguing that inmates are happy to be in jail because they use the prison library. Confronted with the reality of a monitored world, people make the rational decision to make the best of it.

That is not consent.

A tremendous essay, start to finish.