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MODULATED CITIES NETWORKED SPACES, RECONSTITUTED SUBJECTS HELEN NISSENBAUM AND KAZYS VARNELIS KAZYS AND NISSENBAUM HELEN SITUATED TECHNOLOGIES PAMPHLETS 9 PAMPHLETS TECHNOLOGIES SITUATED THE ARCHITECTURAL LEAGUE OF NEW YORK NEW OF LEAGUE ARCHITECTURAL THE MODULATED CITIES NETWORKED SPACES, RECONSTITUTED SUBJECTS HELEN NISSENBAUM AND KAZYS VARNELIS 9 TECHNOLOGIES PAMPHLETS SITUATED THE ARCHITECTURAL LEAGUE OF NEW YORK Situated Technologies Pamphlets 9: Modulated Cities: Networked Spaces, Reconstituted Subjects Helen Nissenbaum and Kazys Varnelis Series Editors: Omar Khan, Trebor Scholz, and Mark Shepard www.situatedtechnologies.net Advisory Committee: Keller Easterling, Anne Galloway, Malcolm McCullough, Howard Rheingold Published by: The Architectural League of New York 594 Broadway, Suite 607, New York, NY 10012, 212 753 1722 www.archleague.org [email protected] Pamphlets Coordinator: Gregory Wessner Special Projects Director, The Architectural League of New York Design: Jena Sher (cc) Helen Nissenbaum, Kazys Varnelis This work is licensed under the Creative Commons Attribution-Non- commercial-Share Alike 3.0 Unported License. To view a copy of this license, visit http://creativecommons.org/licenses/ by-nc-sa/3.0/ or send a letter to Creative Commons, 171 Second Street, Suite 300, San Francisco, California, 94105, usa. cover: ©michael wolf/bruce silverstein gallery isbn 978-0-9800994-8-5 MODULATED CITIES MODULATED SPACES, NETWORKED RECONSTITUTED SUBJECTS The Situated Technologies Pamphlet Series extends a discourse initiated in the summer of 2006 by a three-month-long discussion on the Insti- tute for Distributed Creativity (idc) mailing list that culminated in the Architecture and Situated Technologies symposium at the Urban Center and Eyebeam in New York, co-produced by the Center for Virtual Architecture (cva), the Architectural League of New York and the idc. The series explores the implications of ubiquitous computing for architecture and urbanism: how our experience of space and the ABOUT THE SERIES choices we make within it are affected by a range of mobile, pervasive, embedded, or otherwise “situated” technologies. Published three times a year over three years, the series is structured as a succession of nine “conversations” between researchers, writers, and other practitioners from architecture, art, philosophy of technology, comparative media studies, performance studies, and engineering. www.situatedtechnologies.net 4 5 Concluding the Situated Technologies Pamphlets series, Kazys Varnelis Digital technologies permeate our life and desires and make the walls and Helen Nissenbaum initiate a redefinition of privacy in the age of of the built environment more porous; bodies become merely nodes in big data and the networked, geo-spatial environment, and question the the network. The built environment is no longer the benchmark when implications for the construction of contemporary subjectivity. it comes to decisions about privacy. The authors concede that while far-reaching surveillance online is broadly accepted, many would be This pamphlet is charged with vital intellectual tensions. Contested shocked if such fine-grained tracking would occur when they are walking questions include: Are policy decisions made through design choices? through a shopping mall. Are all values and behavioral norms vulnerable to the shaping forces of FROM THE EDITORS architectural design, physical and digital? Do technical systems have We are habituated to giving up data: to our friends and nameless corp- independent causal powers or do they reflect cultural ideals that are orations. Our data become a currency for expressing our friendships. already in the air, conveying intentions that are already seeded in social Networked surveillance is asymmetrical; it is slanted toward corporate and political life? What are technology’s unintended implications? Do interests and in the United States much of this commercial reconnais- Facebook or Foursquare design privacy behavior? Do they normalize sance is unregulated. The authors push for transparency, first and fore- privacy behaviors and practices or do they accommodate the desires of most of the systems that affect people’s well-being and life prospects. We “users,” of society? Varnelis argues that we are giving up our privacy all have little to no recourse to demand the data that are collected about us. too willingly. Does Facebook have the power to steer the direction of We don’t know what is collected, with whom it is shared and who pro- social mores or is Facebook part of a societal shift? fits. Why can’t we get a copy of our network data? There is no account- ability but much anxiety in the face of vulnerability. Nissenbaum positions herself against the privacy-publicity dichotomy, as it is no longer helpful in understanding individual privacy. Instead, How can we insulate ourselves from being exploited? 6 she calls for a contextual understanding of informational norms pre- 7 scribing the flow of personal information. She strictly rejects moral The enormous scale and complexity of big data sets and the legal claims by the likes of Foursquare on the information that flows through frameworks around privacy makes them hard to comprehend. How their system. For Nissenbaum, values are context-specific and the in- would anybody with a job and a family find the time to read the many tegrity of the information should not be altered when it shifts through pages of the iTunes Terms of Service declaration, for example? Power different contexts. takes advantage of complexity. Data profiling, aggregation, analysis, and sharing are broad and hidden. Varnelis and Nissenbaum do not ask us to retreat from digital media but It’s harder than ever to constrain the flow of data about us; we no longer they caution that suffocating surveillance could lead to paralyzed dullness. surf the net, but the Internet surfs us, Nissenbaum poses. The authors Alternatively, they advance interventions like protest, work toward ask how we can widely share our data without causing harm. Varnelis regulation, policy changes, and re-design as possible counter strategies. argues that the standards of disclosure have changed and that people are made to believe that privacy is the price for utility and convenience. But he also suggests that many of us have become accustomed to the Omar Khan, Trebor Scholz and Mark Shepard thrill of watching and being watched. Sometimes we take pleasure in being stalked by our peers. We might behave in public like we might have previously done so only in private, but giving up information does not always suggest giving up privacy. We might willingly share data with friends but that does not mean that we consent to sharing these data with third party intermediaries. Helen Nissenbaum is Professor of Media, Culture and Communica- tion, and Computer Science, at nyu, where she is also Senior Faculty Fellow of the Information Law Institute. Her book Privacy in Context: Technology, Policy, and the Integrity of Social Life (Stanford University Press, 2010) accounts for privacy threats posed by IT and digital medial systems in terms of the theory of contextual integrity. Other research THE AUTHORS and publications address trust online, security, and values in technical design, with case studies in search engines, digital games, facial recog- nition technology, and health information systems. www.nyu.edu/projects/nissenbaum Kazys Varnelis is the Director of the Network Architecture Lab at the Columbia University Graduate School of Architecture, Planning, and Preservation. With Robert Sumrell, in the architectural collective audc, he published Blue Monday (Actar, 2007). He has edited Networked Publics (mit Press, 2008), The Infrastructural City: Networked Ecologies in Los Angeles (Actar, 2009), and The Philip Johnson Tapes (The Monacelli Press, 2008). 8 9 www.networkarchitecturelab.org www.varnelis.net Helen Nissenbaum: Recently, I read about Footpath, a Your observation that we are no longer islands, but rather nodes in a HFN device that senses peoples’ movements by the signal finger- network, prompts me to consider what this insight means. What you prints of their cellular phones.i Those of us hyper-attuned to the variety of point to isn’t just a change in our status at malls; it’s an expression of ways digital systems and networks threaten individual autonomy often the very ideology of our day, the network ideology.v Sociologists con- see the reliable solidness of built space as a helpful frame of reference. sider human societies in terms of networks, architects design build- If “walls have ears,” they are those of treasonous confidantes or nosy ings as networks within networks,vi entomologists study networks of eavesdroppers; otherwise, walls are safe barriers, and the doorways, bees, corporations think of themselves as networked,vii and on and on. portals, paths, and roadways that connect physical spaces are clearly The network, it seems, is a new universal, much as the machine was in delimited. Footpath, not unlike many such emerging augmentations of the late nineteenth and early twentieth century.viii physical spaces, unsettles these assumptions, not only due to its capac- ity for surreptitious surveillance and for commandeering our most inti- Now some of these deployments of the network are legitimate episte- mate devices to indeterminate ends, but also in its potential to link our mological uses, but others are the product of fabricating out of whole physical presence easily and directly with other