Beginning July 9, all New York City commercial businesses that obtain customers’ biometric information must comply with a newly enacted protocol that protects consumers.
Commercial businesses that obtain biometric data from customers will be required to post signs on storefronts signifying they utilize this technology and will not be able to profit from any collected data. Additionally, employees of companies that utilize the technology are excluded from this ordinance.
This Friday New York will join a growing list of cities that have banned the use of facial recognition and other biometrics in certain contexts and for certain purposes. The law was enacted by the city council in December.
Under the new law, any commercial establishment that collects, retains, converts, stores, or shares biometric information from customers must post a conspicuous sign near the establishment’s entrances notifying customers in plain language that their information is being collected, retained, converted, stored, or shared. Notably, “biometric information” is defined in broad terms to include a retina or iris scan, fingerprint or voice print, scan of hand, or face geometry, “or any other identifying characteristic.” The law also prohibits receiving anything of value in exchange for biometric information.
This time of year is my absolute favorite because for me it’s so much about relaxed reflection and setting intentions for the year — or even the decade! — ahead. And this year, with Christmas and New Years Day falling mid-week, all normal work schedules seem disrupted, creating extra space throughout these final weeks and over the weekend between them to reflect and plan.
It’s also a good time to think about the future in general.
One of the characteristics about the way we tend to think about the future now, though, is with more uncertainty than ever.
Here’s what I want to offer you: To me, the idea that the future is never fixed or certain is actually encouraging. Truly, it fills me with hope. I think of the future largely as something we continuously alter, shape, or at least influence with what we do today.
That thought also fills me with a sense of duty because it means there are always many possible futures that depend on me and you and everyone else doing our parts in the whole. It means our everyday actions have more power to shape outcomes than we are often comfortable admitting.
My friend and one of the organizers of House of Beautiful Business, Tim Leberecht, has written a lovely guide to help us all do just that. His process will help you have a productive and insightful “time between the years,” as Tim calls it, and a brilliantly successful 2020:
Some of the questions I like to ask myself and encourage my clients and audiences to ask are:
What kind of future do you personally want to have?
What kind of future do you want for everyone on the planet?
What are you working on building?
What are you trying to achieve at scale?
By the way, all of this reflection and planning pairs well with another piece about getting better at training your brain what to retain and what to let go of. Hint: it comes down to the discipline of spending time thinking about what you most want to be thinking about.
Then in June, a few days after delivering a keynote on Tech Humanism at a conference in Mumbai, India, I guest lectured at the University of Cambridge. Yes, the same one Charles Darwin, Sir Isaac Newton, and Stephen Hawking are all associated with. That University of Cambridge. I know, I couldn’t believe it either.
Oh, and over the course of the year I added representation from Washington Speakers Bureau and Leading Authorities speakers bureau. That’s exciting personally and professionally but in addition it should help make bookings easier for many large company clients, which means there may be even more of those audiences in 2020 and beyond.
I’m telling you this to say: I think all of this activity proves there’s hope. I think my year has been wild because a lot of people see the potential for technology to diminish the humanity in the world, and a lot of people want to see to it that that doesn’t happen. If my experience this year indicates anything, I think it’s that people are determined to make the best of our tech-driven future.
So what’s in store for all of us for 2020?
You’ll see many articles with predictions for 2020, and some will be more outlandish than others. I’m including just a few here that will likely affect you and your business more than others:
Expect to see more facial recognition in use everywhere and to hear more debate about it. Governments, law enforcement agencies, and high-traffic facilities like airports see tremendous opportunities and conveniences in deploying this technology, while civil liberties advocates see many privacy risks and challenges. Personally, I’m on Team Ban Facial Recognition Until We Have Better Protections In Place, but I’ll continue to follow all the developments and report on them (as I did in WIRED earlier this year).
Expect to have to grapple with privacy debates inside and outside your organization. The major push for companies to meet GDPR compliance in time for the May 2018 enforcement deadline is only the beginning of such regulatory efforts; the CCPA is due to be fully enforced as of January 1, 2020, and you can bet more regulations will be coming as time goes on. Your best bet to dealing with these is to get ahead of them: enact human-friendly data collection and usage practices such as not collecting more data than you need or than is relevant to the context of the interaction. (I spoke about this topic extensively at House of Beautiful Business in Lisbon, as well as at many other events throughout the year.)
The push for digital transformation isn’t over yet (no matter how tired of hearing about it you may be). Most companies, organizations, and cities are very much just catching up, still sorting out how, for example, the data from their front-end services can inform back-end operations and vice versa. Meanwhile, upstart data-rich apps and services are still disrupting industry after industry, so we’ll still be talking about that for a while. (This was the focus of many of my keynotes to executive audiences, such as the Boston CIO Summit, and more.)
You may also be tired of hearing about AI, but we’ve only scratched the surface of that conversation. While some folks debate the semantics of whether simple machine learning processes really constitute “artificial intelligence,” the advancements within that space progress daily, with both challenges and opportunities aplenty. (Part of my focus throughout 2019 and into 2020 has been on how machine learning and automated intelligence can help with addressing climate change. Stay tuned for more on that.)
Speaking of which, perhaps the biggest and most urgent trend of all will be facing the scale and scope of climate change, and using whatever technologies and tools we can to remediate against its effects.
Looking into the future for me and for us all
Above all, what is ahead in our future is increasing interconnectedness of our experiences. It’s the perfect time to adopt the mindset that in many respects what I do does affect you just as what you do affects me, and that we’re in this together. We need to accept our futures as wholly connected: connected through data, connected to each other, connected to the planet, connected to our collective destinies.
That connectedness shows in the work I’m lined up to do. To prepare for the bookings I have for 2020 so far, for example, I will be examining more deeply the future of jobs and work, the future of privacy, the future of trust, the future of the climate, and more. All of these topics have a through-line: the future of human experiences will depend heavily on our wise use of technology, collectively and individually.
Speaking of my bookings in 2020, I have talks booked throughout the U.S. — and in Budapest for the first time! If you happen to be able to attend any of these events, be sure to come up and say hi — I’d love to see you. And of course you can always book me to speak at your company or event.
And! I’ve begun to work on my next book. More on that to come, but you can be sure it will follow along these themes.
But for now the big question is:
What will you do with the future for you and for us all?
Here’s hoping you find the quiet reflection you need in these last days of 2019 to set the kinds of intentions that will guide you to achieve what you most want to achieve, for your own good and for the good of humanity.
If this theme resonates with the conversations your company, organization, or city has been having and you’d like to hire me as a keynote speaker at an event in 2020, please do reach out. Here’s to a meaningful year for us all.
So the massive mainstream media reaction to my viral #10YearChallenge tweet and subsequent piece in WIRED was in some ways a switch in perspective: from talking to businesses about human data, to talking to humans about business use of their data. And it gave me the chance to address a far more universal audience than usual — on BBC World News, Marketplace, and NPR Weekend Edition, among many other outlets — in a cultural moment so widely discussed, it was referenced in the top article on the Reddit homepage and mentioned on The Daily Show with Trevor Noah. My goal through it all was to spark greater awareness about how much data we share without realizing it, and how we can manage our data wisely. Just as the goal of my work is to help amplify the meaning in the experiences businesses create for the humans they do business with, my hope in connecting with a mainstream audience was to encourage people to participate in experiences meaningfully and mindfully. People all over the world gave me an overwhelming amount of feedback: some worried, some praising, some critical. I listened as openly as I could to everything I could.
With all that listening, I know that some common questions remain. I see many of the same recurring themes in comments on Twitter and elsewhere. So I’m using this opportunity here, at home on my own company’s site without the time limits and fleeting news cycles of a major news channel, to address a few of them, and I hope they will, in their own small way, be part of the conversation we carry forward.
Let’s get this one out of the way first, since it’s been the biggest misunderstanding throughout this whole deal:
“Facebook says they didn’t have any part in the meme. Didn’t you say they designed the whole #10YearChallenge meme to gather user data to train their facial recognition algorithm?”
It’s funny: I didn’t say Facebook did it, and quite frankly, it wouldn’t matter. I was musing on the fact that the meme was creating a rich data set, and pondering aloud what that data set could theoretically be used for. In any case, it was a thought experiment, not an accusation. In my WIRED article I expanded on the thought experiment and did not accuse Facebook of having engineered it. In fact, more importantly, as I wrote there:
The broader message, removed from the specifics of any one meme or even any one social platform, is that humans are the richest data sources for most of the technology emerging in the world. We should know this, and proceed with due diligence and sophistication.
That said, though, I wouldn’t have made any definitive statements from the beginning claiming that Facebook didn’t or wouldn’t have done something like this. I’m sure there are plenty of well-meaning people in the company’s leadership, but between psychological experiments, Cambridge Analytica, and various leaks and breaches, there have been too many missteps, lapses, and outright errors in judgment on Facebook’s part for them to be above suspicion when it comes to violations of data security and trust.
Nonetheless, although it was a very common misconception, I genuinely don’t suspect that the meme began with Facebook — and I don’t believe that matters. What matters is that we use these discussions to deepen our thinking about personal data, privacy, and trust.
“How can people who’ve taken your message to heart and now recognize the importance of this topic learn to manage their data more wisely?”
If you think of your data as money, you may have a better instinct for why you need to manage it well, and take care not to spend it loosely or foolishly. I’m not a fan of the idea of data as currency (partly because I think the human experience is more dimensional than a monetary metaphor conveys), but just this once I think it may be a helpful comparison. And as long as you know you’re safe, not getting lied to or ripped off, this “data is money” comparison may help illustrate why it can be worth it to spend it on experiences that matter to you.
In terms of actionable steps, here are a few helpful resources:
Personally, one easy step I take is to use the On This Day feature on Facebook to go through my posting archive day by day. I may change the permissions on old content, or delete a post completely if it seems like it no longer serves me or anyone else to have it out there.
I also have recurring reminders on my calendar to do reviews and audits of my online presence. I do what I call a weekly glance, a quarterly review, and an annual audit. For the weekly session, you can assign yourself one platform each week, and review your security settings and old content to make sure there isn’t anything out there that you no longer want to share. The quarterly review and annual audit may entail different activities for you, but for me they also involve updating old bios and links in various places, so it becomes a strategic review as well as a security check.
“What about Apple Pay and unlocking your phone with your face, or accessing your bank account with your face? Or paying for your meal with your face? What about other biometric data like fingerprints?”
All of this is relevant, and I’ll unpack some of these issues more in future articles. The short answer, though, is that with some of these uses, such as Apple Pay, you take an educated guess that the company collecting your data will safeguard it, because the company bears some risk if they screw up. But not all data sharing carries proportional risk on both sides, so think critically before using these services.
At least for now, pay for your fried chicken with cash, not your face.
“What about 23andme and other DNA/genetic data issues?”
That’s a whole other article. (I will say I personally haven’t done a commercial DNA test because bad outcomes always seemed possible.) The topic does relate to the rest of this, and it does matter that we’re 1) cautious of using commercial services like this, and that 2) we hold companies accountable to adhere to the uses we agreed to, and not to overstep what we understood to be our contract.
“What about data tracking in smart home systems?”
The standards and precedents are not yet well defined for the use and protections on data collected by smart home devices like smart speakers listening passively for a command. The safest thing to do is hold off on using them, and the second-safest thing is to turn them off when not in use.
While I did address some of the issues and opportunities with smart home automation and devices in Tech Humanist, this is again a topic I’ll dig into more in future articles.
“What about regulations on data? What about regulations on facial recognition, or on AI in general?”
The vast amount of personal data transmitted and collected by business, government, and institutional entities is what powers algorithmic decision making, from ecommerce recommendations to law enforcement. And this vast data and broad algorithmic decision-making is also where machine learning and artificial intelligence takes root. Artificial intelligence, broadly, has the chance to improve human life in many ways. It could help address problems associated with world poverty and hunger; it could improve global transportation logistics in ways that reduce emissions and improve the environment; it could help detect disease and extend healthy human life.
But machines are only as good as the human values encoded into them. And where values aren’t clear or aren’t in alignment with the best and safest outcomes for humanity, regulations can be helpful.
The European Union’s General Data Protection Regulation, or GDPR, that went fully into place in May 2018 is for now the most comprehensive set of regulatory guidelines protecting individuals’ data. And American tech companies have to play by these rules: just this week, Google got hit with a 50 million euro fine for violating the term that requires companies to produce clear disclosure on the data they collect from consumers.
In the meantime, just as with climate change, we need efforts on the macro and micro scale: the experts tell us that for any kind of real reduction in impact on the environment we need big movement from commercial and industrial entities which produce the lion’s share of emissions, but that doesn’t mean that, say, you shouldn’t put your soda bottle in the recycling bin, not the trash. We’re learning more and more how important it is for us to be mindful of our ecological footprint; we also need to learn how to be mindful of our digital footprint.
“Should I turn off facial recognition image tagging in Facebook?”
I would advise doing so, yes.
“Are you saying I can’t have any fun online?”
Oh, heck no. By all means, I am very pro-fun. Even when it comes to digital interactions.
It’s easier to have fun when you know you’re reasonably safe, though, right? The biggest takeaway from this discussion about the possible side effects of the #10YearChallenge should be to remember that when any meme or game is encouraging you — and large groups of other people — to share specific information about yourself, it’s worth pausing before you participate. It’s relevant to wonder who might be collecting the data, but it’s far more important to think what the collected data can do.
Not only am I pro-fun, I am also very pro-technology. I love tech, and I genuinely think emerging technologies like AI, automation, and the Internet of Things — all largely driven by human data — have the chance to make our lives better. (As I wrote in Tech Humanist, I believe we have the chance to create the best futures for the most people.) But to achieve that, we need to be very mindful about how they can make our lives worse, and put measures in place — in our government, in our businesses, and in our own behavior — to help ensure the best outcomes.