Privacy Rights, Operational Data, and the US Government

Thinking about smart energy and the 4^th of July generated an essay too large and too personal for publication. A shorter version re-oriented toward the buildings world appeared in the July issue of Automated Buildings magazine (www.AutomatedBuildings.com). This piece pulls together the more personal views from the same article. If you came here from Automated Buildings to find out more about my views, I recommend looking to my previous post on the Internet of Energy.

Several readers have written me that privacy has no place in US Law, and was only discovered as an emanation from a penumbra (in Justice Douglas’s words). I think that this is a profound misreading of the constitution, arising from an awful ruling in a good cause in the 1870’s. The Slaughterhouse Case created a framework that profoundly limited the privileges of citizenship, gutting a key component of the 14^th amendment, and by implication, eliminating the 9^th amendment from any real meaning.

The 9^th amendment, the shortest and simplest of the bill of rights, states “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” The Federalists argued that the whole Bill of Rights was dangerous as it would be impossible to list all rights it would be dangerous to list some, lest there would be those who would assert that government was unrestrained as to the omitted rights. The 9^th amendment was so clear and so revolutionary that all parties have tried to ignore it ever since.

The first direction in the 14^th amendment is that “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” These statements hang together on natural law, and on those rights of a held by all citizens, or by all men. As the old saw goes, some statements are so clear that it takes years of legal training to misinterpret them.

Privacy and its twin, the right to be left alone, which Justice Douglas referred to as “the most fundamental right,” are essential to one’s personal pursuit of happiness. Privacy is at the heart of the 4^th amendment, which prohibits searches of papers and possessions. Privacy and self-determination were at the heart of the concerns of the first amendment, restricting the reach over conscience held by the state churches of New England. They were fundamental to the founder’s concept of natural rights. Natural rights are not granted by the government, and nor can they be legitimately taken away (alienated) by government.

A simple reading of the simple words of the Constitution would include natural rights among the privileges of citizenship, as opposed to the obligations of subjects. Recent scholarship shows that Jefferson expunged the work subject from the Declaration, substitution citizen. The Ninth amendment and the privileges and immunities clause of the 14^th, have been ignored for years. Recent opinions from the Supreme Court have invoked each of them.

The rejuvenation of the 9^th and the 14^th can’t come quickly enough. Courts have ruled that inspection of cell phones, including contacts and email, is no concern of the 4^th amendment. The Justice Department argued last spring that there is no expectation of privacy over cell tower operational data, pinpointing your location at all times. New laws enable direct federal control and tracking of the internet. Direct load management of energy use, one competing model of the smart grid, would expand the trove of operation data about our lives and homes beyond anything previously seen.

All because of men of good think society need this information. As Milton wrote, “Necessity, the tyrant's plea".

The strains between a good new idea, so necessary and so important, and basic liberty and natural rights are not new. We can see them in quotes from presidents early in the last century, in their 4^th of July addresses.

From Woodrow Wilson, our most progressive president:

“The Declaration of Independence did not mention the questions of our day. It is of no consequence to us unless we can translate its general terms into examples of the present day and substitute them in some vital way for the examples it itself gives, so concrete, so intimately involved in the circumstances of the day in which it was conceived and written.”

From Calvin Coolidge, so conservative he as thoughtless:

“About the Declaration there is a finality that is exceedingly restful. It is often asserted that the world has made a great deal of progress since 1776, that we have had new thoughts and new experiences which have given us a great advance over the people of that day, and that we may therefore very well discard their conclusions for something more modern. But that reasoning can not be applied to this great charter. If all men are created equal, that is final. If they are endowed with inalienable rights, that is final. If governments derive their just powers from the consent of the governed, that is final. No advance, no progress can be made beyond these propositions. If anyone wishes to deny their truth or their soundness, the only direction in which he can proceed historically is not forward, but backward toward the time when there was no equality, no rights of the individual, no rule of the people. Those who wish to proceed in that direction can not lay claim to progress. They are reactionary. Their ideas are not more modern, but more ancient, than those of the Revolutionary fathers.”

Today, there is a new urgency to privacy issues. We live our lives on-line and connected. Tweets and cell calls expose our every move. Digital storage costs have plummeted; there is now no reason to ever throw out information. With tracking and record-keeping essentially free, there is really no impediment to the government tracking everyone, all the time and keeping it forever. Cheap and powerful search matched to that cheap and boundless storage means nothing ever goes away. As the CEO of Google stated :Privacy is dead, get used to it.”

Without privacy, and mandatory rules concerning privacy, no part of our lives will be free from government meddling, from Wilsonian good intentions. We need to reassert privacy, all privacy, and rediscover the subversive rights of the 9^th and 14^th amendments.

The US has always been the land of the frontier. “Go west, young man!” Horace Greely famously spoke. West was where you could make something of yourself, perhaps a new something that was not what you once were. The West was where you went to start over. The west was the creator of a classless world, one where your parents did not matter because no one had a past. Failure to protect privacy is the final closing of the frontier.

General Relativity and Control Systems Standards

I suspect most of my readers can just about remember light speed, the 100 foot barn, and the 110 foot log from learning about relativity. The barn had doors at each end, and one set would close the instant the other doors opened. The challenge was to transport the log through the barn. The answer had to do with light speed and collapsing space, so that as one got close enough to light speed, the log shortened, and it could fit through the barn. It was a simple enough calculation as to how fast one could go to make the log shrink how much. When each of us had completed the math, the professor sprang the surprise on us: "OK, what is happening from the perspective of a cockroach on the log?"

I haven’t been writing much recently, because I have been writing all of the time. The national smart grid roadmap is a project being completed in double time. The EPRI team is diverse and whip smart. The workshop participants are opinionated and have hundreds of millions on the line. I would be surprised of the process was not contentious.

The real problem, though, is no one thinks of the cockroach. Each player on the multi-disciplinary team sees the problem set up the way that they want things to work. Power grid engineers see homes and offices as just one more set of slow devices to turn on and off. Homes and offices see the grid as a secretive and not very reliable partner they have to work with. Green and sustainable energy folks seem to see the laws of thermodynamics as as much a social construct as are the tariffs and business procedures of the grid. Utilities executives see distributed generation as an inefficient way for middle class hobbyists to get their obsessions paid for by those less well off.

The cockroach was moving every bit as fast as the log he was sitting on. While an observer saw space, and the length of the log, contracting, the cockroach was sitting on the log and saw it remaining at 110 feet. The cockroach actually saw the barn getting shorter still, and not likely to let the log pass. However, the cockroach also saw was time dilation instead of space dilation. To the cockroach, the two doors no longer open and close simultaneously, giving the log just enough time to slip through.

And that is the problem with the smart grid. The grid operators do not see the problems of the buildings. The building owners do not see the problems of the grid, because they are hidden by the rules and market design. Venture capitalists do not see a path to profitability in funding projects with years of indecision by the utilities built into the sale cycle. “If only those others would learn about how hard my problems are…” None of them will embrace the perspective of the others; they happen to have other jobs.

Today, I have been wrestling with “Architecturally Significant Interfaces”. Grid architects tend to see the world as late 60’s open plan houses, with no proper rooms to divide the houses activities. Open up the kitchen to the dining room and living room. (I wonder how much great rooms are responsible for the tendency to eat take-out in front of the TV.) Open up the master bedroom to the great room as a loft; it is open and honest, and who cares if it scares the kids. Heck, pry the doors of the bathrooms, so everybody can interact, no matter what they are doing.

A good architecture divides the house into rooms, and thereby defines how people live there. It does not determine the furniture or the wall paint. The conceptual model of the smart grid (read it yourself, chapter 3) describes the functions of the grid and the buildings and people who participate in it. The Architecturally Significant Interfaces could define how information is handed between them; if selected correctly they will free up those in reach room to innovate, without concern for those in other rooms. If we end up with an open floor plan, we will have a mess, wherein in the name of openness we will need a family meeting to before we can decide to change anything.

Relativity—it relies on acknowledging different perspectives. Without acknowledging a few architecturally significant interfaces, the smart grid will assume a perspective held by no one. And that will be a prescription for failure.

IP Everywhere, or Just About

In February, a new administration official stated that the smart grid requires "IP everywhere", stirring considerable concern among the dumbest (in terms of grid smarts) of the smart grid players. Earlier this month, as I wrote of in The Impulse to Run Around Naked, a maker of building systems asked why we don’t just build systems with their own native languages and their own "most optimal" media. The operators of the big distribution systems (SCADA) for electricity, water, sewage, and natural gas are all a-twitter over the proposed national cyber-security directorate. This agitation in those that manage the actions of the built world is based upon misunderstandings based upon poor definitions as much as anything else.

Access to each system should be IP-based, or have the characteristics of IP. (IP refers to the Internet Protocol, usually partnered in conversation with Transmission Control Protocol as TCP/IP.) These characteristics are what is important, any protocol that meets the same characteristics can be internetworked with IP. That internetworking is the only part that matters about "IP everywhere".

IP is first of all independent of underlying protocols. Fiber, cable, wireless, and phone lines all support IP. IP can adjust to the special requirements of underlying media, as it does for Zigbee (used in self assembling networks of low bandwidth digital radios), which is only similar to IP or in 6LoPAN (an explicit mapping of IP v6 to similar radios) as long as we define IP correctly. To me, as long as the access is open, I would count Zigbee and 6LoPAN as compatible with "IP everywhere".

IP is connectionless and unreliable–by design. Older networks used to rely on dedicated wires between points-I remember limited numbers of long distance lines all across the country. Connectionless protocols do not create a connection, even a virtual one, but send the data directly. IP makes no guarantees that a message will actually get there, or that a sequence of messages will get there in order. Properly designed IP applications embrace this design; properly designed IP applications will handle network degradation with only minimal loss of function. If we make something as big as the smart grid, we had better embrace this attitude.

IP is universally addressable. Despite firewalls, routers, NAT, and other security filters, under IP if you want to send a message to any device, and you have permission to send a message to any device, you can send a message to any device. Many of the worst security breaches have occurred when a system administrator did not bother with security because the network was unreachable. Unfortunately for them (queue Jurassic Park soundtrack) IP will find a way. What can be connected to the internet, will be connected to the internet. Critical systems should be managed as if connected to the internet; any security devices or isolation techniques are then only additional security measures.

IP is a protocol that is well understood, and that can be accessed by anyone. Any systems connected to the smart grid should be IP, or should be translatable to IP without loss. All interaction should be designed to accept new connections, and errors, because that’s how IP works. All systems should be designed as if anyone can connect at any time and to manage security and self integrity on that basis. All systems in buildings and on the smart grid must be designed this way if we are going to connect them all together.

In other words, we must build the smart grid as if IP is everywhere even if it isn’t literally everywhere.

A Caffeinated view of Aging Energy Infrastructure

The local coffee shop, The OpenEye Cafe, has an outsized role in thinking about smart buildings and the smart grid. Each day when I leave the gym, I go to the OpenEye to caffeinate myself out of my post exercise torpor and to write.

The OpenEye is a great college town coffee shop, even if it is in Carrboro, the town next door to the college town. Its main room is huge for a coffee shop, fitted out with as many old couches and comfy chairs as it has little tables surrounded by mismatched chairs. It has numerous small side rooms, a patio in the back, more sidewalk seating in the front.

This size gives it a wonderful variety of subcultures, as there is the construction contractor corner, klatches of endurance runners, and every college town’s PWDIBs (people who dress in black). On weekends, the Men Who Run in Kilts fill one end, while students come in to tolerate Mom & Dad buying them some coffee. The Baristas and their friends, of course, display a cornucopia of piercings and tattoos.

So yeah, it’s a great coffee house, but how does this tie to aging infrastructure, aside from the fact that I write there?

At any time, there are 15 to 40 laptops running in the main room. When the OpenEye moved into these larger quarters, they ran surface mounted conduit and put plugs all over the walls. Window seats, with a plug under the table and a view, are at a premium. Cords snake out from the walls to the couches in mid-room tables. I wonder how significant electricity is as a cost of the shop.

There are frequent scheduling negotiations as well. Are you leaving soon? Can you plug this in for me? Excuse me you seem to have knocked out my plug. I hate those Macintosh plugs with the transformer right on the wall plug. Because they need their bottoms supported, their owners always plug into the top plug, blocking the lower plug.

But still, where is the aging infrastructure? Well, just as none ever thinks of the aging grid, no one ever thinks about wearing out receptacles. Despite being just over two years old, every receptacle in the store is one out and “loose”. Normally a receptacle hugs a plug, and provides some friction to sliding out. Not so here. With every receptacle being plugged and un-plugged countless times a day, they have actually worn out. I have to watch the battery display at the bottom of the screen, for the plugged in laptop may no longer be charging.

Still, it’s a great coffee shop, and a great community crossroads, even if it needs “plug maintenance”