• Tag Archives privacy
  • Facial Recognition, Differential Privacy, and Trade-Offs in Apple’s Latest OS Releases

    Many users rely on cloud-based machine learning and data collection for everything from tagging photos of friends online to remembering shopping preferences. Although this can be useful and convenient, it can also be a user privacy disaster. With new machine learning features in its latest phone and desktop operating system releases, Apple is exploring ways to provide these kinds of services and collect related user data with more regard for privacy. Two of these features—on-device facial recognition and differential privacy—deserve a closer look from a privacy perspective. While we applaud these steps, it’s hard to know how effective they are without more information from Apple about their implementation and methods.

    Facial recognition and machine learning

    Let’s start with the new object and facial recognition feature for the Photos app. The machine learning processing necessary for an app like Photos to recognize faces in pictures is usually run in the cloud, exposing identifiable user data to security threats. Instead, Apple has bucked this industry trend and opted to develop a system that runs in the background on your phone, tablet, or laptop only, without you having to upload your photos to the cloud. Keeping user data on the device like this—rather than sending it off to Apple’s servers or other third parties—is often better for user privacy and security.

    The choice to run machine learning models like facial recognition on a device rather than in the cloud involves some trade-offs. When deployed this way, Apple loses speed, power, and instant access to mountains of user data for its facial recognition machine learning model. On the other hand, users gain something much more important: privacy and control over their information. Running these services on the device rather than in the cloud gives users a higher degree of privacy, especially in terms of law enforcement access to their data.

    While cloud is often the default for large-scale data processing, Apple has shown that it doesn’t have to be. With these trade-offs in mind, Apple has rightly recognized that privacy is too great a price to pay when working with data as sensitive and identifiable as users’ private photos. Running a machine learning model on the device is not a privacy guarantee—but at the very least, it’s a valuable effort to offer technically sophisticated facial recognition functionality to users without requiring all of them to hand over their photos.

    Differential privacy

    The second noteworthy feature of Apple’s latest release is a model called differential privacy. In general, differential privacy is a process for making large datasets both as accurate and as anonymous as possible. It’s important to note that Apple is not the first large-scale data operation to take on differential privacy: Microsoft researchers pioneered the field, Google employs anonymized data collection algorithms, and the Census Bureau released a differentially private dataset. Collectively, these initiatives show the way forward for other parts of the tech industry: when user data needs to be collected, there are often cleverer, safer, more privacy-respecting ways to do it.

    In this case, Apple is trying to ensure that queries on its database of user data don’t leak too much information about any individuals. The best way to do that is to not have a database full of private information—which is where differential privacy comes in. Differential privacy helps companies like Apple learn as much as possible about their users in general without revealing identifiable information about any individual user in particular. Differentially private datasets and analysis can, for example, answer questions about what kinds of people like certain products, what topic is most popular in a news cycle, or how an application tends to break.

    Apple has released few details about its specific approach to differential privacy. It has publicly mentioned statistics and computer science methods like hashing (transforming data into a unique string of random characters), subsampling (using only a portion of all the data), and noise injection (systematically adding random data to obscure individuals’ information). But until Apple provides more information about its process (which it may do in a white paper, as in the past), we are left guessing as to exactly how and at what point in data collection and analysis such methods are applied.

    Just as on-device machine learning has trade-offs, so too does differential privacy. Differential privacy relies on the concept of a privacy budget: essentially, the idea you can only make so much use of your data without compromising its privacy-preserving properties. This is a tricky balancing act between accuracy and anonymity. The parameters and inputs of a given privacy budget can describe how information is being collected, how it is being processed, and what the privacy guarantees are.

    With the new release, Apple is employing differential privacy methods when collecting usage data on typing, emoji, and searching in an attempt to provide better predictive suggestions. To date, differential privacy has had much more academic attention than practical application, so it’s interesting and important to see major technology companies applying it—even if that application has both good and bad potential consequences.

    On the good side, Apple has apparently put some work into collecting user data with regard for privacy. What’s more, even the use of differential privacy methods on user data is opt-in, a step we’re very glad to see Apple take.

    However, Apple is collecting more data than it ever has before. Differential privacy is still a new, fairly experimental pursuit, and Apple is putting it to the test against millions of users’ private data. And without any transparency into the methods employed, the public and the research community have no way to verify the implementation—which, just like any other initial release, is very likely to have flaws. Although differential privacy is meant to mathematically safeguard against such flaws in theory, the details of such a large roll-out can blow away those guarantees. Apple’s developer materials indicate that it’s well aware of these requirements—but with Apple both building and utilizing its datasets without any oversight, we have to rely on it to self-police.

    In the cases of both facial recognition and differential privacy, Apple deserves credit for implementing technology with user privacy in mind. But to truly advance the cause of privacy-enhancing technologies, Apple should release more details about its methods to allow other technologists, researchers, and companies to learn from it and move toward even more effective on-device machine learning and differential privacy.

    Source: Facial Recognition, Differential Privacy, and Trade-Offs in Apple’s Latest OS Releases | Electronic Frontier Foundation



  • U.S. Customs and Border Protection Wants to Know Who You Are on Twitter

    U.S. border control agents want to gather Facebook and Twitter identities from visitors from around the world. But this flawed plan would violate travelers’ privacy, and would have a wide-ranging impact on freedom of expression—all while doing little or nothing to protect Americans from terrorism.

    Customs and Border Protection, an agency within the Department of Homeland Security, has proposed collecting social media handles from visitors to the United States from visa waiver countries. EFF submitted comments both individually and as part of a larger coalition opposing the proposal.

    CBP specifically seeks “information associated with your online presence—Provider/Platform—Social media identifier” in order to provide DHS “greater clarity and visibility to possible nefarious activity and connections” for “vetting purposes.”

    In our comments, we argue that would-be terrorists are unlikely to disclose social media identifiers that reveal publicly available posts expressing support for terrorism.

    But this plan would be more than just ineffective. It’s vague and overbroad, and would unfairly violate the privacy of innocent travelers. Sharing your social media account information often means sharing political leanings, religious affiliations, reading habits, purchase histories, dating preferences, and sexual orientations, among many other personal details.

    Or, unwilling to reveal such intimate information to CBP, many innocent travelers would engage in self-censorship, cutting back on their online activity out of fear of being wrongly judged by the U.S. government. After all, it’s not hard to imagine some public social media posts being taken out of context or misunderstood by the government. In the face of this uncertainty, some may forgo visiting the U.S. altogether.

    The proposed program would be voluntary, and for international visitors. But we are worried about a slippery slope, where CBP could require U.S. citizens and residents returning home to disclose their social media handles, or subject both foreign visitors and U.S. persons to invasive device searches at ports of entry with the intent of easily accessing any and all cloud data.

    This would burden constitutional rights under the First and Fourth Amendments. CBP already started a social media monitoring program in 2010, and in 2009 issued a broad policy authorizing border searches of digital devices. We oppose CBP further invading the private lives of innocent travelers, including Americans.

    States from visa waiver countries. EFF submitted comme

    Source: U.S. Customs and Border Protection Wants to Know Who You Are on Twitter—But It’s a Flawed Plan | Electronic Frontier Foundation


  • New EEOC Rules Allow Employers to Pay for Employees’ Health Information

    The Affordable Care Act (ACA) provisions for employee wellness programs give employers the power to reward or penalize their employees based on whether they complete health screenings and participate in fitness programs. While wellness programs are often welcomed, they put most employees in a bind: give your employer access to extensive, private health data, or give up potentially thousands of dollars a year.

    Sadly, the Equal Employment Opportunity Commission’s (EEOC) new regulations, which go into effect in January 2017, rubber stamp the ACA’s wellness programs with insufficient privacy safeguards. Because of these misguided regulations, employers can still ask for private health information if it is part of a loosely defined wellness program with large incentives for employees.

    As EFF’s Employee Experience Manager, I had hoped the EEOC’s final ruling would protect employees from having to give up their privacy in order to participate in wellness programs. Upon reading the new rules, I was shocked at how little the EEOC has limited the programs’ scope. Without strict rules around how massive amounts of health information can be bought from employees and used, this system is ripe for abuse.

    Employers are already using wellness programs in disturbing ways:

    • The city of Houston requires municipal employees to tell an online wellness company about their disease history, drug use, blood pressure, and other delicate information or pay a $300 fine. The wellness company can give the data to “third party vendors acting on our behalf,” according to an authorization form. The information could be posted in areas “that are reviewable to the public.” It might also be “subject to re-disclosure” and “no longer protected by privacy law.”
    • Plastics maker Flambeau terminated an employee’s insurance coverage when he chose not to take his work-sponsored health assessment and biometric screening.
    • A CVS employee claimed she was fined $600 for not submitting to a wellness exam that asked whether she was sexually active.
    • The Wall Street Journal reported in February that “third party vendors who are hired to administer wellness programs at companies mine data about the prescription drugs workers use, how they shop and even whether they vote, to predict their individual health needs and recommend treatments.”
    • Castlight (a wellness firm contracted by Walmart) has a product that scans insurance claims to find women who have stopped filling their birth-control prescriptions or made fertility related searches on their health app. They match this data with a woman’s age and calculate the likelihood of pregnancy. This individual would then receive targeted emails and in-app messages about prenatal care.

    What’s New in the EEOC Rules

    The EEOC now provides guidance on the extent to which employers may offer incentives to employees to participate in wellness programs that ask them to answer disability-related questions or undergo medical examinations. The maximum allowable “incentive” or penalty an employer can offer is 30% of the total cost for self-only coverage of the plan in which the employee is enrolled. This can add up to thousands of dollars for an employee per year.

    According to the new rule, employers may only receive information collected by a wellness program in aggregate form that does not disclose, and is not reasonably likely to disclose, the identity of specific individuals—except as necessary to administer the plan. This “as necessary to administer the plan” exception is alarming given that employers are permitted to base incentives and penalties on health outcomes and not just participation. Measuring outcomes typically involves gathering information on specific individuals over time.

    The EEOC rejected a suggestion that would have allowed individuals to avoid disclosing medical information to employers if they could produce certification from a medical professional that they are under the care of a physician and that identified medical risks are under treatment. The EEOC’s stated reason was that this could undermine the effectiveness of wellness programs as a means of collecting data and was unnecessary.

    Why This Matters

    A statement by the American Association of Retired Persons (AARP) expressed the organization’s deep disappointment with the workplace wellness program final rules:

    By financially coercing employees into surrendering their personal health information, these rules will weaken medical privacy and civil rights protections.

    The American Society of Human Genetics also issued a statement opposing the EEOC final ruling for weakening genetic privacy:

    The new EEOC rules mean that Americans could be forced to choose between access to affordable healthcare and keeping their health information private… Employers now have the green light to coerce employees into providing their health information and that of their spouse, which in turn reveals genetic information about their children.

    The ACA was touted as a campaign to put consumers back in charge of their health care. EEOC rules do anything but. Employees should have the right to refuse invasive health surveys without fear of being punished with higher healthcare costs. Incentivizing Americans to be proactive about our health is smart, but putting loads of unnecessary private information into employers’ hands is bad policy.

    Source: New EEOC Rules Allow Employers to Pay for Employees’ Health Information | Electronic Frontier Foundation