In late 2012, a new manifesto emerged from the free software community: The User Data Manifesto, written by Frank Karlitschek of Owncloud. Quite similar to the Franklin Street Statement on freedom and network services, the manifesto was taking another approach which I think was good: identifying a new set of rights for users, or as the manifesto puts it: “defining basic rights for people to control their own data in the internet age.”
I have applauded the approach and I think the current manifesto is a good starting point – which is why I have started an effort to create a new better version built on the first version. If you are interested directly into discussing the new version then you can skip the first part of this article.
What’s wrong with the current version?
Right now, the manifesto consists of 8 points — and I think that’s probably too much. As you will see, some of these points overlap. Another thing that’s wrong with the current version is that it mixes several issues together with no hierarchy or context between these; for instance, some points are about user rights, some others are about implementation only (like point 8. Server software transparency).
So let me take some points separately:
1 - Own the data
The data that someone directly or indirectly creates belongs to the person who created it.
This one is very, very problematic. What does “belong” mean, what does “own” mean? Why is one used in the title and the other in the description? What happens when several persons “created” data. What does “create [data]” even mean? I don’t create “data”, my computer generates data when I do things and make stuff.
This point could be read like a copyright provision and thus justify current copyright laws. This is probably not the intention behind this. So this point should be fixed. This reason alone is enough to make it a necessity to update the current manifesto.
But what was the intention behind this?
I think I understand it, and I agree with it. Maybe you know the meme “All your base are belong to us” sometimes deviated into “All Your Data Are Belong to Us” in reference to Google/NSA/etc.
This is basically what we want to prevent. For a user data manifesto to be effective, it means that even if I use servers to store some of my data, it does not mean that the server admin should feel like being able to do as if it was their data.
However, a careful note is needed here. As you will notice, I’m referring to data as “my data” or “their data.” This is very important to consider. If we want a good User Data Manifesto, we need to think clearly about what makes data, “User Data.”
The current version of the manifesto says that what makes User Data is data “created by the user.” But I think that’s misleading.
Usually, there are two ways in which one might refer to data as “their data” (i.e. “their own” data):
Personal data, or personally-identifiable information, are often referred to by someone as their data. But in our case, that’s not relevant, this is covered by laws such as data protection in the European Union. That’s not the scope of this manifesto, because in this case the person is called the “data subject” and typically, this person is not necessarily a “user.”
However, this is users that we are concerned with in this manifesto. Which leads to the second case in which one usually refers to data as their own data:
Data that is stored on my hard-drive or other storage apparatus. In this case, the meaning of ownership of data is an extension of the ownership of the physical layer on which it sits.
For instance, when I refer to the books that are in my private library at home, I say that these are my books even though I have not written any of them. I own these books not because I have created them, but because I bought them.
So, for the purpose of the User Data Manifesto, how should we define User Data to convey the objective that servers admins do not have the right to do as they wish with user data, i.e. our data?
I propose this:
“User data” means any data uploaded by a user and/or generated by a user, while using a service on the Internet.
This definition is aimed at replacing point 1 of the first version. This definition is consistent with our current way of referring to data as “our own data” but it also includes the case where data is not necessarily generated by devices that we own, but instead are generated by us, for us on devices that somebody else owns.
2 - Know where the data is stored
Everybody should be able to know: where their personal data is physically stored, how long, on which server, in what country, and what laws apply.
I have tried to improve this. This is point 2 in my version of the manifesto.
3 - Choose the storage location
Everybody should always be able to migrate their personal data to a different provider, server or their own machine at any time without being locked in to a specific vendor.
This is point 3 in my version of the manifesto.
4 - Control access
Everybody should be able to know, choose and control who has access to their own data to see or modify it.
5 - Choose the conditions
If someone chooses to share their own data, then the owner of the data selects the sharing license and conditions.
These two points are now point 1 in my version. I have merged them together. However, I have modified the part about “choosing the conditions” and instead refer to “permissions” (as in, read-only, read-write, etc.). I think the “conditions” as in licensing conditions are out of scope of this manifesto.
6 - Invulnerability of data
Everybody should be able to protect their own data against surveillance and to federate their own data for backups to prevent data loss or for any other reason.
This point was redundant with point 4 and it was drafted in a vague manner, so I have modified it and integrated in point 1 of my version of the manifesto.
7 - Use it optimally
Everybody should be able to access and use their own data at all times with any device they choose and in the most convenient and easiest way for them.
I feel this is not in scope with the manifesto because this describes a feature, not a right, and also because I felt it was a bit vague: what’s “most convenient and easiest way for them”? So I decided to leave this one out.
8 - Server software transparency
Server software should be free and open source software so that the source code of the software can be inspected to confirm that it works as specified.
This is about implementation related to point 3 of the current version related to the right to choose any location to store their data, the right to move to another platform. So I have merged it into point 3 of my version of the manifesto regarding the freedom to choose a platform.
That’s it. Overall, I think the manifesto was a good starting point and that it should be improved and updated. I think that we should reduce the number of points because 8 is too many; especially because some of them are redundant. We should also give more context after we lay out the rules.
Obviously, this is also a request for comments, criticism and improvement of my version of the manifesto.
Thanks to Jan-Christoph Borchardt, Maurice Verheesen, Okhin and Cryptie for their feedback and/or suggested improvements since April 2013.
My current proposal
User Data Manifesto, v2 DRAFT: as of today, August 26, 2014:
This manifesto aims at defining basic rights for people regarding their own data in the Internet age. People ought to be free and should not have to pay allegiance to service providers.
- “User data” means any data uploaded by a user and/or generated by a user, while using a service on the Internet.
Thus, users should have:
Control over user data access
Data explicitly and willingly uploaded by a user should always be under the ultimate control of the user. Users should be able to decide whom to grant (direct) access to their data and under which permissions such access should occur.
Cryptography (e.g. a PKI) is necessary to enable this control.
Data received, generated, collected and/or constructed from users’ online activity while using the service (e.g. metadata or social graph data) should be made accessible to these users and put under their control. If this control can’t be given, than this type of data should be anonymous and not stored for long periods.
Knowledge of how the data is stored
When the data is uploaded to a specific service provider, users should be able to know where that specific service provider stores the data, how long, in which jurisdiction the specific service provider operates, and which laws apply.
A solution would be, that all users are free to choose to store their own data on devices (e.g. servers) in their vicinity and under their direct control. This way, users do not have to rely on centralised services. The use of peer-to-peer systems and unhosted apps are a means to that end.
Freedom to choose a platform
Users should always be able to extract their data from the service at any time without experiencing any vendor lock-in.
Open standards for formats and protocols, as well as access to the programs source code under a Free Software license are necessary to guarantee this.
If users have these rights, they are in control of their data rather than being subjugated by service providers.
Many services that deal with user data at the moment are gratis, but that does not mean they are free. Instead of paying with money, users are paying with their allegiance to the service providers so that they can exploit user data (e.g. by selling them or building a profile for advertisers).
Surrendering privacy in this way may seem to many people a trivial thing and a small price to pay for the sake of convenience that the Internet services brings. This has made this kind of exchange to become common.
Service providers have thus been unwittingly compelled to turn their valuable Internet services into massive and centralised surveillance systems. It is of grave importance that people understand/realize this, since it forms a serious threat to the freedom of humanity
When users control access to the data they upload (Right #1), it means that data intended to be privately shared should not be accessible to the service provider, nor shared with governments. Users should be the only ones to have ultimate control over it and to grant access to it. Thus, a service should not force you to disclose private data (including private correspondence) with them.
That means the right to use cryptography1 should never be denied. On the contrary, cryptography should be enabled by default and be put under the users’ control with Free Software that is easy to use.
Some services allow users to submit data with the intention to make it publicly available for all. Even in these cases, some amount of user data is kept private (e.g. metadata or social graph data). The user should also have control over this data, because metadata or logging information can be used for unfair surveillance. Service providers must commit to keeping these to a minimum, and only for the purpose of operating the service.
When users make data available to others, whether to a restrictive group of people or to large groups, they should be able to decide under which permissions they grant access to this data. However, this right is not absolute and should not extend over others’ rights to use the data once it has been made available to them. What’s more, it does not mean that users should have the right to impose unfair restrictions to other people.
Ultimately, to ensure that user data is under the users’ control, the best technical designs include peer-to-peer or distributed systems, and unhosted applications. Legally, that means terms of service should respect users’ rights.
When users use centralised services that uploads data to specific storage providers instead of relying on peer-to-peer systems, it is important to know where the providers might store data because they could be compelled by governments to turn over data they have in their possession (Right #2).
In the long term, all users should have their own server. Unfortunately, this is made very difficult by some Internet access providers that restrict their customers unfairly. Also, being your own service provider often means having to administer systems which require expertise and time that most people currently don’t have or are willing to invest.
Users should not get stuck into a specific technical solution. This is why they should always be able to leave a platform and settle elsewhere (Right #3). It means users should be able to have their data in an open format, and to exchange information with an open protocol. Open standards are standards that are free of copyright and patent constraints. Obviously, without the source code of the programs used to deal with user data, this is impractical. This is why programs should be distributed under a Free Software license like the GNU AGPL-32.
Thanks to Sam Tuke for his feedback on the post and the manifesto!