TESTIMONY OF BRANDI COLLINS-DEXTER Senior Campaign Director Color Of Change Before the Subcommittee on Consumer Protection and Commerce United States House Committee on Energy and Commerce Hearing on “Protecting Consumer Privacy in an Era of Big Data” February 26 2019 Good morning Chairwoman Schakowsky Ranking Member Rodgers and Members of the subcommittee My name is Brandi Collins-Dexter and I am a senior campaign director at Color Of Change Color Of Change is the nation’s largest online civil rights organization in the United States with more than a 1 5 million members who use technology to fight for change We motivate our members – and hopefully their friends and family – to believe in a better world and join campaigns for systemic change across many key domains of Black community life in service of dignity equity opportunity and justice I’m here today representing the voices of our members because the privacy fight in the internet age cuts across many if not all of those planks including economic justice media justice criminal justice and democratic freedom Setbacks for net neutrality threats to privacy and increasing surveillance continue to compromise the potential the internet has as a venue to amplify voices from traditionally marginalized communities Whether intentional or unintentional the tracking of users across the web and what happens to that data disproportionately impacts communities of color A few grounding facts- Black and Brown families use many social media platforms at higher rates including Twitter Instagram and WhatsApp both owned by Facebook and YouTube owned by Google Children teens people who are low-income and Black and Brown people regardless of economic status rely more on their smartphones than others as their primary device to use the internet —meaning they may share detailed information about their whereabouts their contacts and their communications with the tech giants that provide mobile operating systems and applications Black and Brown communities also over index on androids unable to afford the built-in anonymized data and encryption protections offered by Iphones This leaves Black and Brown communities grappling with how to engage with platforms not built for operated by or meant for us The growth of the tech giants has led directly to a concentration of control over communications platforms that are now fundamental to participation in democracy the economic marketplace and civil society People say that in some countries Facebook is ​the internet- but there are many communities right in here in the US where the same is true For most people their circle of communication can be restricted to their neighborhood their workplace and what they experience on Facebook It’s a tension that we have to struggle against Particularly Facebook’s model is centered around continual growth being able to monetize data in increasingly personalized and specific ways and being able to shape public sentiment in any number a ways- regardless of how actively one engages with the product But Facebook does not stand alone Tech giants including Google and Amazon and Internet Service Providers like Comcast and Verizon have grown so large so quickly that they have completely overtaken vital institutions and industries leaving little room for anyone to compete who is not an already-established corporate actor These companies have gained their dominance in part through anti-competitive practices such as acquiring emerging competitors practicing predatory pricing exploiting workers and taking advantage of the power of network effects to cement their positions Even if we think some of the information we share may feel innocuous our data can easily become a proxy for protected class and sensitive information Right now corporations are able to easily combine information about you that they’ve purchased and create a profile of your vulnerabilities ​ ​Algorithms which increasingly drive consumer and employee access work as a kind of black box that can drive exclusionary practices Artificial Intelligence and algorithms rely on assumptions about behavior these programs then often embed stereotypes into technology such as facial recognition software that routinely misidentifies people of color and algorithms that racialize search results for people or businesses Some examples of key impacts ● Proxies for race including name and geo-targeted advertising often result in discriminatory employment advertising and marketing practices ○ Staples Home Depot Discover Financial Services and Rosetta Stone have all been found to use information on user physical locations to display different online prices to different customers Instead of doing this to benefit those living at or below the poverty line higher-income locations are offered better deals while those in poorer areas are forced to pay more with fewer alternatives ○ Credit card companies like Capital One show different offers with different credit card deals based on view locations and guesses by the company about their income ○ Googling Black sounding names is also more likely to trigger ads for criminal databases leading the mind to associate the name with criminality This can lead ● ● ● to loss of employment and housing opportunities particularly for young people and teenagers newly on the job or housing market Sensitive information and changes in daily habits are tracked and sold to third party data mining companies and marketers ○ Internet Service Providers and third party analytics partners can track the times when someone goes online the sites visited and the physical location So when a home connection that’s normally dormant during the day suddenly becomes active and the sites visited include job search sites the ISP can infer a subscriber has lost their job Without regulation that information can be sold to predatory financial vendors ○ Similar to the example above visits to a doctor’s website or to a prescription refill page could allow the ISP platform or a data broker partner to infer someone in the household has a specific medical condition That information could be sold without consent to pharmaceutical and healthcare companies or even potential employers without the consent or authorization of the user Advertising targeted to children circumvent established rules and guidelines enacted for the their safety ○ A resurgence of predatory junk food marketing practices online regularly violates decades old regulations for children’s television ○ University of California-Berkeley found that thousands upon thousands of children’s apps available on Google play violated The Children's Online Privacy Protection Act ○ Tech giants have also intentionally designed products to be addictive and inescapable This leads to a cascade of other problems including heightened rates of depression suicide and sleep deprivation among young people People in abusive relationships are exposed to digital methods of targeting tracking and stalking endangering their mental and physical health and safety ○ More than 200 apps and services offer potential stalkers a number of capabilities from location tracking to harvesting texts and even secretly recording video Over two dozen services are actively promoted as surveillance tools for spying on romantic partners ○ With the rise of the Internet of Things the information about everyday habits that can be tracked will continue to grow and put our safety and information increasingly at risk Traditional home appliances and parts—from thermostats to televisions to door locks—are already “smart ” Cars are now commonly Internet-equipped According to a report from the New York Times last year these are all routinely used as a means for harassment monitoring revenge and control These are just a few examples That’s why earlier this month Color Of Change joined with 40 advocacy groups to urge congress to put civil and human rights at the center of the privacy fight We offered a number of principles that I would like to share here but are included more in depth as an addendum to my testimony 1 Stop High-Tech Profiling and the rampant use of digital stop and frisk disproportionately targeted towards communities of color 2 Ensure Fairness in Automated Decisions Look at the impact of computerized decision making in the areas of employment health education and lending 3 Preserve Constitutional Principles Digital tools platforms and tracking should not be used to circumvent due process warrants or other independent oversight of law enforcement Government databases must not be allowed to undermine privacy and freedom of association 4 Enhance Individual Control of Personal Information Individuals should have meaningful flexible control over how a corporation gathers data from them and how it uses and shares that data Non- public information should not be disclosed to the government without judicial process 5 Protect People from Inaccurate Data Government and corporate databases must allow everyone the ability to ensure the accuracy of personal information that is used to make important decisions about them This requires disclosure of the underlying data and the right to correct it when inaccurate Ultimately privacy as a concept in its most aspirational sense is not merely about the freedom and ability to close your “digital curtains” so no one can peek in Instead I would respectfully challenge all of us to consider privacy and digital rights for all as a necessary framework crucial to ensuring that our human civil and constitutional rights are not confined to our offline lives but are also protected online where so much of our daily life occurs I would even say that if we fail in the mission to ensure our rights online are protected we stand to render many of our offline rights meaningless Strong privacy rules are crucial to ensuring economic growth and opportunity informed consumer choices and data protection It has become increasingly clear by the day that decision makers have to do better Strong privacy rules passed by the Federal Communications Commission were obliterated in 2017 leaving a wide open lane for an explosion of unchecked predatory practices The Federal Trade Commission currently has no power to enact privacy rules since they have no jurisdiction over Internet Service Providers their privacy framework is a non-binding set of recommendations that require industry self-regulation and they have shown an unwillingness to forcefully exert what power they do have What we need is clear federal baseline legislation that does not preempt innovative state policy laws but ensures basic rights for everyone in the United States A basic framework should do the following ○ ○ Establish limits on the collection use and disclosure of sensitive personal data Establish enhanced limits on the collection use and disclosure of data of children and teens ○ ○ ○ Regulate consumer scoring and other business practices that diminish people’s physical health education financial and work prospects Prohibit or prevent manipulative marketing practices and Establish a data protection agency that is empowered to ensure that privacy rights are protected through enforcement mechanisms More about a proposed framework developed in partnership with several privacy groups is also included in the addendum to this testimony Finally I’d like to mention one more document included for your reference the Our Data Bodies project The Our Data Bodies Project focused on three cities and interviewed people on the ground about their feelings and concerns about how data intersects with our daily lives in Charlotte they focused on the relationship between data re-entry and processes like applying for a job in Los Angeles interviewees came from communities like Skid Row and face housing insecurity and issues with public benefits while in Detroit themes emerged around data foreclosures evictions and utility shut-downs It’s an unfiltered at times rough but candid look at the impact of data collection and data-driven systems on the ability of marginalized peoples to meet their human needs The frustrations are clear and as you read through it it serves as a reminder of the ways beyond pieces of our whole selves are collected stored in databases the cloud and other spaces of digitally networked flows and used to make decisions or determinations about us I have heard it said that privacy is the currency you pay to engage in our digital ecosystem We should not have to make that choice Our communities need to trust that when we go online we can count on our privacy and the safety of our information for ourselves and for our children This shouldn’t be a game of political football- 80% of Americans ​support making it illegal for companies to sell or share their personal information At least 80% of us believe that we should have control over how these companies use our personal information Ultimately I do not envy the work ahead of you all The reality is that no one intervention will magically wipe away inequities if such a magic concoction existed I would like to think we would have all taken it by now But I and others have done our best to offer a set of principles and an aspirational framework as your north star My hope is that you will be guided by an unwavering desire to ensure that hard fought bipartisan civil rights wins of the past are not undermined models of discrimination are not replicated online and that we all have ability to take advantage of all the opportunities a safe and secure internet can offer Thank you for your time I look forward to your thoughts February 13 2019 The Honorable Roger Wicker Chairman Senate Committee on Commerce Science Transportation 512 Dirksen Senate Office Building Washington D C 20510 The Honorable Maria Cantwell Ranking Member Senate Committee on Commerce Science Transportation 425 Hart Senate Office Building Washington D C 20510 The Honorable Lindsey Graham Chairman Senate Committee on the Judiciary 224 Dirksen Senate Office Building Washington D C 20510 The Honorable Dianne Feinstein Ranking Member Senate Committee on the Judiciary 152 Dirksen Senate Office Building Washington D C 20510 The Honorable Frank Pallone Jr Chairman House Committee on Energy and Commerce 2125 Rayburn House Office Building Washington DC 20515 The Honorable Greg Walden Ranking Member House Committee on Energy and Commerce 2322 Rayburn House Office Building Washington DC 20515 The Honorable Jerrold Nadler Chairman House Committee on the Judiciary 2141 Rayburn House Office Building Washington DC 20515 The Honorable Doug Collins Ranking Member House Committee on the Judiciary 2141 Rayburn House Office Building Washington DC 20515 Dear Chairs Wicker Graham Pallone and Nadler and Ranking Members Cantwell Feinstein Walden and Collins We the undersigned members of the civil rights and racial justice community write to ensure that civil rights retain a fundamental place in the ongoing online privacy debate hearings and legislation in your committees For over 50 years federal law has prohibited discrimination and our economy has thrived as more people had opportunities to pursue their dreams Our groups have been at the forefront of ensuring that civil and human rights equity and equal opportunity are recognized and respected as technology society and the economy evolve To further 1 that effort many of the undersigned organizations supported the Civil Rights Principles for the Era of Big Data in 2014 1 In the years since 2014 our groups have continued to raise the alarm as data security and privacy abuses have disproportionately harmed marginalized communities especially communities of color These harmful practices include ● ● ● ● ● ● Deceptive voter suppression and misinformation targeting African Americans Housing discrimination and digital redlining Employment discrimination through profiling and targeted advertising Predatory lending such as for student loans and payday loans Exploitation of poor tech literacy through misleading notice and choice practices Facilitation of discriminatory government surveillance and policing practices These practices violate the Civil Rights Principles for the Era of Big Data which underscore the importance of ensuring fairness in automated decisions enhancing individual control of personal information and protecting people from inaccurate data Civil rights protections have existed in brick-and-mortar commerce for decades It is time to ensure they apply to the internet economy as well Platforms and other online services should not be permitted to use consumer data to discriminate against protected classes or deny them opportunities in commerce housing and employment or full participation in our democracy Companies also should be required to be transparent about their collection and use of personal information in automated decisionmaking and to anticipate and protect against discriminatory uses and disparate impacts of big data To address these concerns any new privacy legislation should be consistent with the Civil Rights Principles for the Era of Big Data ● Stop High-Tech Profiling New surveillance tools and data gathering techniques that can assemble detailed information about any person or group create a heightened risk of profiling and discrimination Clear limitations and robust audit mechanisms are necessary to make sure that if these tools are used it is in a responsible and equitable way ● Ensure Fairness in Automated Decisions Computerized decisionmaking in areas such as employment health education and lending must be judged by its impact on real people must operate fairly for all communities and in particular 1 The Leadership Conference on Civil and Human Rights Civil Rights Principles for the Era of Big Data Feb 27 2014 https civilrights org civil-rights-principles-era-big-data 2 must protect the interests of those that are disadvantaged or that have historically been the subject of discrimination Systems that are blind to the preexisting disparities faced by such communities can easily reach decisions that reinforce existing inequities Independent review and other remedies may be necessary to assure that a system works fairly ● Preserve Constitutional Principles Search warrants and other independent oversight of law enforcement are particularly important for communities of color and for religious and ethnic minorities who often face disproportionate scrutiny Government databases must not be allowed to undermine core legal protections including those of privacy and freedom of association ● Enhance Individual Control of Personal Information Personal information that is known to a corporation — such as the moment-to-moment record of a person’s movements or communications — can easily be used by companies and the government against vulnerable populations including women the formerly incarcerated immigrants religious minorities the LGBT community and young people Individuals should have meaningful flexible control over how a corporation gathers data from them and how it uses and shares that data Nonpublic information should not be disclosed to the government without judicial process ● Protect People from Inaccurate Data Government and corporate databases must allow everyone — including the urban and rural poor people with disabilities seniors and people who lack access to the Internet — to appropriately ensure the accuracy of personal information that is used to make important decisions about them This requires disclosure of the underlying data and the right to correct it when inaccurate Privacy rights are civil rights Protecting privacy in the era of big data means protecting against uses of consumer information that concentrate harms on marginalized communities while concentrating profits elsewhere Both individuals and the government must be empowered to enforce these fundamental principles of civil rights through agency rulemaking authority strong enforcement and the availability of effective legal redress Historically marginalized communities could not rely on government actors to protect their rights this is why most civil rights laws contain a private right of action Privacy legislation that does not reflect these values should be rejected 3 It is long past time to see effective privacy laws for commercial data practices established in the United States We look forward to offering our expertise and vision as the debate continues and your committees craft legislation to protect everyone’s rights and create a more just and equitable society Sincerely Access Humboldt Access Now ACLU Action Center on Race and Equity ACRE Algorithmic Justice League Asian Americans Advancing Justice – AAJC Campaign for a Commercial-Free Childhood Center for Democracy Technology Center for Digital Democracy Center for Media Justice Center on Privacy Technology at Georgetown Law Color Of Change Common Cause Common Sense Media Consumer Action Consumer Federation of America Consumer Watchdog Electronic Privacy Information Center Ella Baker Center for Human Rights Fight for the Future Free Press Action Human Rights Campaign Lawyers' Committee for Civil Rights Under Law Media Alliance Media Mobilizing Project NAACP National Consumer Law Center on behalf of its low income clients National Hispanic Media Coalition National Organization for Women NOW Foundation National Urban League New America Public Interest Technology New America's Open Technology Institute Open MIC Open Media and Information Companies Initiative Organization United for Respect Partnership for Working Families Public Citizen Public Knowledge Ranking Digital Rights Stop Online Violence Against Women The Leadership Conference on Civil and Human Rights UnidosUS United Church of Christ OC Inc Upturn 4 THE TIME IS NOW A FRAMEWORK FOR COMPREHENSIVE PRIVACY PROTECTION AND DIGITAL RIGHTS IN THE UNITED STATES The United States confronts a crisis Digital giants invade our private lives spy on our families and gather our most intimate facts for profit Bad actors foreign and domestic target the personal data gathered by U S firms including our bank details email messages and Social Security Numbers Our privacy laws are decades out of date We urgently need a new approach to privacy protection We must update federal laws and create a data protection agency specifically tasked with safeguarding the privacy of Americans The time is now 1 ENACT BASELINE FEDERAL LEGISLATION We call for federal baseline legislation that ensures a basic level of protection for all individuals in the United States We oppose the preemption of stronger state laws U S privacy laws typically establish a floor and not a ceiling so that states can afford protections they deem appropriate for their citizens and be “laboratories of democracy ” innovating protections to keep up with rapidly changing technology 2 ENFORCE FAIR INFORMATION PRACTICES FIPS Baseline federal legislation should be built on a familiar privacy framework such as the original U S Code of Fair Information Practices and the widely followed OECD Privacy Guidelines These frameworks create obligations for companies that collect personal data and rights for individuals Core principles include • • • • Transparency about business practices Data collection and use limitations Data minimization and deletion Purpose specification • • • • Access and correction rights Accountability Data accuracy Confidentiality security “Personal data” should be broadly defined to include information that identifies or could identify a particular person including aggregate and de-identified data Federal law should also • • • • Establish limits on the collection use and disclosure of sensitive personal data Establish enhanced limits on the collection use and disclosure of data of children and teens Regulate consumer scoring and other business practices that diminish people’s life chances and Prohibit or prevent manipulative marketing practices 3 ESTABLISH A DATA PROTECTION AGENCY Many democratic nations have a dedicated data protection agency with independent authority and enforcement capabilities While the Federal Trade Commission FTC helps to safeguard consumers and promote competition it is not a data protection agency The FTC lacks rulemaking authority The agency has failed to enforce the orders it has established The US needs a federal agency focused on privacy protection compliance with data protection obligations and emerging privacy challenges The agency should also examine the social ethical and economic impacts of high-risk data processing and oversee impact-assessment obligations Federal law must establish a data protection agency with resources rulemaking authority and effective enforcement powers Privacy and Digital Rights for All 4 ENSURE ROBUST ENFORCEMENT Robust enforcement is critical for effective privacy protection Arbitration clauses do not protect consumers and permit dangerous business practices to continue If a company violates federal privacy law consumers must be able to pursue a private right of action that provides meaningful redress without a showing of additional harm Statutory damages are an essential element of an effective privacy law Robust enforcement also requires independent action by State Attorneys General 5 ESTABLISH ALGORITHMIC GOVERNANCE TO ADVANCE FAIR AND JUST DATA PRACTICES The use of secret algorithms based on individual data permeates our lives Concerns about the fairness of automated decision-making are mounting as artificial intelligence is used to determine eligibility for jobs housing credit insurance and other life necessities Bias and discrimination are often embedded in these systems yet there is no accountability for their impact All individuals should have the right to know the basis of an automated decision that concerns them And there must be independent accountability for automated decisions Protecting algorithms as a trade secret overprotects intellectual property and creates a barrier to due process Trade agreements should uphold algorithmic transparency Algorithmic transparency is central to algorithmic accountability 6 PROHIBIT “TAKE IT OR LEAVE IT” TERMS Individuals cannot have meaningful control of their personal data if the terms of service require them to waive their privacy rights Furthermore requiring individuals to pay more or receive lower quality goods or services if they do not waive their privacy rights is unfair and discriminates against those with less means Federal law should require that consent where appropriate is meaningful informed and revocable and should prohibit “pay-for-privacy provisions” or “take-it-or leave it” terms of service 7 PROMOTE PRIVACY INNOVATION Federal law should require innovative approaches to privacy and security including strong encryption robust techniques for deidentification and anonymization and privacy enhancing techniques that minimize or eliminate the collection and disclosure of personal data and make privacy by design an affirmative obligation The consolidation of personal data with a small group of firms has stifled innovation and competition Antitrust enforcement agencies should consider privacy interests in merger review Mergers that fail to protect the privacy of consumers should be rejected 8 LIMIT GOVERNMENT ACCESS TO PERSONAL DATA Personal data held by companies are often sought by government agencies for law enforcement purposes We do not object to the disclosure of specific records that are required for legitimate criminal investigations and obtained through an appropriate judicial procedure However there should be a clear standard in a privacy law for such disclosure U S companies cannot disclose user data in bulk to government agencies Signed Berkeley Media Studies Group Campaign for a Commercial-Free Childhood Center for Digital Democracy Center for Media Justice Color of Change Parent Coalition for Student Privacy Consumer Action Privacy Rights Clearinghouse Consumer Federation of America Privacy Times Defending Rights Dissent Public Citizen Electronic Privacy Information Center Privacy and Digital Rights for All Stop Online Violence Against Women Media Alliance U S PIRG OUR DATA BODIES RECLAIMING OUR DATA INTERIM REPORT DETROIT Oculus 7 Andrew Ginzel CC BY-NC-SA-2 0 JUNE 15 2018 TAWANA PETTY MARIELLA SABA TAMIKA LEWIS SEETA PEÑA GANGADHARAN VIRGINIA EUBANKS This report carries a Creative Commons Attribution 4 0 International license which permits re-use of Our Data Bodies content when proper attribution is provided This means you are free to share and adapt ODB’s work or include our content in derivative works under the following conditions Attribution You must give appropriate credit provide a link to the license and indicate if changes were made You may do so in any reasonable manner but not in any way that suggests the licensor endorses you or your use For the full legal code of this Creative Commons license please visit creativecommons org Table of Contents Introduction 1 About This Report 2 About Our Team 3 Who Funds This Work 3 Additional Acknowledgments 3 What We Know City Perspectives on Data Collection and Data-Driven Systems 4 Charlotte 5 Background 5 Word on the Streets… 6 Detroit 12 Background 12 We Didn’t Get Here By Accident 14 Los Angeles 18 Background 18 Power Not Paranoia 19 Our Data Bodies Commonalities Among Us 24 Predatory data-driven systems routinely hold us back and prevent us from meeting basic needs 24 Data-driven systems unfairly divert us from resources we are entitled to and need to survive 26 Data collection feels extractive and takes a serious emotional toll on us 27 The hurt and the harms of data-driven systems connect to past systems of discrimination and exploitation against members of marginalized communities 29 Our strategies for self-defense and survival keep us connected and feeling whole 30 Our policies priorities and visions for the future focus on just models of governance economics and criminal justice and on guarantees for our human rights 31 Our Reflections and Future 33 This page is left intentionally blank Introduction Our Data Bodies ODB is a research justice project that examines the impact of data collection and data-driven systems on the ability of marginalized peoples to meet their human needs For the past three years ODB has been working in three cities—Charlotte North Carolina Detroit Michigan and Los Angeles California To date we have completed nearly 135 in-depth interviews with residents of these cities’ most historically marginalized neighborhoods Our project combines community-based organizing capacity-building and rigorous academic research Our goal is to find answers to three main questions How do marginalized adults experience and make sense of the collection storage sharing and analysis of their personal information How if at all do marginalized adults connect their ability to meet their basic material and social needs to their inclusion in or exclusion from data-based systems What strategies do marginalized adults deploy if any to protect their digital privacy self-determination and data rights Through collective community building and analysis of the stories we've collected the ODB project has identified many similarities in how people across the three cities experience data collection and data-driven systems Patterns have emerged like insecurity and targeting resignation and resistance the separation of family—whether through incarceration detention deportation or foster care systems— and speak to the way that individuals are forced to trade away their data to attain basic human needs Our community members describe the experience of being forced to engage with intrusive and unsecure data-driven systems because of their membership in groups that have historically faced exploitation discrimination predation and other forms of structural violence They’ve shared with us their experience of being caught in a cycle of injustice and the impact this feedback loop has on their livelihoods Our interviewees also tell a story of wanting both privacy and the ability to be seen and heard as whole human beings Charlotteans Detroiters and Angelinos are resilient in spite of persistent and destructive forms of surveillance and profiling They believe in their humanity value human relationships and want respect and recognition in and beyond the systems of data collection that try to govern their lives Overall surveillance and data collection are deeply connected to diversion from public benefits insecure housing loss of job opportunities and the policing and criminalization of our communities Whether an error or something they have overcome people’s data stays with them—far longer than more advantaged groups and its impacts are profound 1 About This Report The work that we present is the culmination of years of working with our communities and building on popular education critical literacy and other participatory strategies to identify the productive ways in which people want data collection and data-driven systems in our lives In January 2016 when Center for Community Transitions CCT in Charlotte began its involvement with ODB CCT had been strengthening its support structures for reentry including teaching digital know-how and skills in a city strategizing the growth of healthy digital infrastructure When the Detroit Community Technology Project launched ODB efforts in Detroit it had been extending a model of digital stewardship and principles of digital justice to demystify citywide open data initiatives co-design community wireless networks and use digital technologies to strengthen human connections amongst Detroiters In Los Angeles when Stop LAPD Spying Coalition SLSC launched its ODB efforts SLSC had been seeding Power Not Paranoia an organizing framework that exposes the impacts of and deepens collective resistance to surveillance and policing 1 Since ODB efforts launched this collective community-based work continues to grow Our interactions have included countless community meetings interviews focus groups and workshops that bear witness to the lives and experiences of individuals as they confront data collection and data-driven systems in the process of meeting basic human needs These interactions ground our work and show us how community-driven practices and visions will continue to take these conversations into the future In the pages that follow we present our interim findings We have combed through our interviews to identify commonalities and differences that are emerging between the cities In the process we have attempted to honor the diverse histories and contexts of our interviewees and the particularities of the neighborhoods in which they live Our interviewees come from • • • Five districts in Detroit o District 2 o District 3 o District 5 and o District 6 Several pockets of Los Angeles o Skid Row o Public housing projects in Southeast LA and o Other neighborhoods that serve as home to LA’s unhoused populations Neighborhoods scattered across seven different zip codes of Charlotte o 28201 o 28205 o 28206 See Montenegro Ken “PowerNotParanoia md ” Github available at https gist github com kmontenegro 112cbb6ec9919c4e0a241ee195ce6519 1 2 o o o o 28208 28213 28215 28216 We are grateful for the time our interviewees gave us and for their continued interested in our broader collective efforts About Our Team ODB is a five-person project concerned about the ways our communities’ digital information is collected stored and shared by government and corporations We are • • • • • Tamika Lewis A Charlotte-based organizer and artist whose primary focus is advancing Queer People of Color and marginalized communities Tawana Petty A mother anti-racist social justice organizer author and poet born and raised in Detroit Michigan Mariella Saba A mother-to-be in Los Angeles who practices popular education cultural work and healing arts to collectively creatively and healthily uproot the genocidal setups of our global dis-ease Seeta Peña Gangadharan A mother and research justice organizer born in New Jersey and working in London and Virginia Eubanks A writer teacher and welfare rights organizer from Troy NY We are a predominantly women-of-color research team that is interested in how technology can intersect with social economic and racial justice Who Funds This Work This work is made possible in part by a grant from the Digital Trust Foundation The Digital Trust Foundation was set up by Facebook after losing a class action lawsuit DTF funds projects that promote online privacy safety and security We are also thankful for support from Institute of International Education Media Democracy Fund and Mozilla Foundation Additional Acknowledgments We are also grateful to staff at Center for Community Transitions Detroit Community Technology Project Los Angeles Community Action Network SLSC’s organizational home and Stop LAPD Spying Coalition In particular we want to thank Myra Clark CCT Diana Nucera DCTP and Hamid Khan SLSC for welcoming ODB into these organizations and for their leadership 3 What We Know City Perspectives on Data Collection and Data-Driven Systems Since 2016 the ODB Project has been listening deeply to the concerns analyses and selfdefense strategies of communities targeted for intensive data collection by government agencies and corporations In each city we identified a specific set of experiences that would serve as a lens to focus our explorations In Charlotte we focused on the experience of reentry of returning from jail or prison back to your home community Here we were interested in how data impacted all areas of re-entering people’s lives—their housing community relationships social service experiences etc —but we dug most deeply into how re-entry data affected the search for employment In Detroit we focused on the experience of foreclosure evictions and water and utility shutoffs Here we were interested in how your “data trail”—the collected digital record of your past decisions resources and interactions with government—impacts your access to the basic human rights of shelter and water Our relationship with the Detroit Community Technology Project DCTP also reminded us to be attentive to how affordable and secure access to the internet created benefits and new opportunities In Los Angeles we focused on how data and digital surveillance impacts the experience of housing or houseless At Jordan Downs one of the country’s oldest public housing projects we asked community members about how data collection sharing and analysis shaped their experiences of a $1 billion redevelopment plan they fear will displace them In Skid Row and throughout the city we also spoke with unhoused residents about how data affected their experience of finding shelter and navigating the criminalization of homelessness and poverty 4 Charlotte Background A beacon of the New South Charlotte’s population has transformed dramatically over the past century As one of the country’s most important financial centers the city is undergoing dramatic demographic changes that include a forty percent increase in residential population over a ten-year period and growth in per capita income that outpaces that of the entire state 2 However Charlotteans do not reap the benefits of Queen City’s booming economy equally and many argue these changes link to a longer history of gross inequities due to the displacement and forced labor of Black populations 3 According to a 2014 study the city ranked last out of 50 large cities for income mobility 4 Skyrocketing rates of income inequality combined with segregation mass incarceration and the hollowing out of middle-class jobs have overwhelming contributed to the racialized disparities that exist now According to Bureau of Justice Statistics while Blacks make up 22% of the state population they account for 55% of the incarcerated population 5 At the county level police are more likely to arrest Blacks than Whites for marijuana possession out of nearly 2 000 arrests in 2014 91% were Black while the remaining 9% were White 6 Jen Wilson “Boomtown Charlotte among Fastest-Growing Big Cities in U S ” Charlotte Business Journal December 4 2014 http www bizjournals com charlotte news 2014 12 04 boomtown-charlotte-among-fastest-growingbig html Gene R Nichol and Heather Hunt “Economic Hardship Racialized Concentrated Poverty and the Challenges of Low-Wage Work” Charlotte NC NC Poverty Research Fund Spring 2016 https crisisassistance org clientuploads Advocacy PovertyinCLT_NCResearchFund_2016 pdf U S Department of Commerce Bureau of Economic Analysis “Real GDP by Metropolitan Area” Washington DC U S Department of Commerce Bureau of Economic Analysis 2016 https www bea gov iTable iTableHtml cfm reqid 70 step 10 isuri 1 7003 900 7035 1 7004 naics 7005 -1 7006 16740 7036 -1 7001 2900 7002 2 7090 70 7007 1 7093 levels 3 Vermelle Diamond Ely Grace Hoey Drain and Amy T Rogers Charlotte North Carolina Charleston SC Arcadia Pub 2002 “The Charlotte Ghetto The Never Before Told Story of Queen City ” TheRealStreetz com January 29 2018 http www therealstreetz com 2018 01 29 charlotte-ncstory Sherrell Dorsey “Charlotte’s Oldest Black Neighborhood Grapples With Gentrification ” January 21 2016 https nextcity org daily entry charlotte-cherry-gentrification-oldest-black-neighborhood 4 Raj Chetty et al “Where Is the Land of Opportunity The Geography of Intergenerational Mobility in the United States” Cambridge MA Equality of Opportunity June 2014 http www rajchetty com chettyfiles mobility_geo pdf 5 Prison Policy Initiative “North Carolina Profile ” n d https www prisonpolicy org profiles NC html NC Dept of Public Safety “Prison Statistics--2012 Fact Card ” n d http www doc state nc us Publications 2012%20Fact%20Card pdf 6 Steve Harrison “For Small Amounts of Marijuana Blacks Are Far More Likely than Whites to Go to Jail in Charlotte ” Charlotteobserver February 12 2016 http www charlotteobserver com news local crime article60170981 html 2 5 Meanwhile the city spends millions to equip police with body cameras in the name of countering bias and promoting accountability of law enforcement 7 These cameras did not prevent officers from shooting dead Keith Lamont Scott in 2016 nor did they help to bring justice or increased accountability to the citizens of Charlotte and to the Scott family 8 When community outrage boiled over in the streets Charlotte Uprising was borne and today organizing efforts continue for broader criminal justice reform While Charlotte holds a place in history books for its centrality in racial equality and civil rights movements 9 the severity of current-day racial disparities and the fierceness of residents fighting back now define the city Our work in Charlotte grapples with the impact of data collection and surveillance on people who have past convictions or arrest In the 50 interviews we completed for the Our Data Bodies project we heard from a multitude of community members who are currently trying to harness the economic successes of the city during their re-entry process These interviews highlighted the connection between data collection and data-driven systems to barriers of employment services and housing Word on the Streets… By and large Charlotte’s community members identified their criminal record as a critical piece of the cycle of injustice that perpetuates immobility lack of opportunity criminalization discrimination and systemic exclusion Their stories describe how the stigma of being a “criminal” has negatively impacted their ability to meet their basic human needs while making them more susceptible to digital surveillance police targeting and identity theft They frequently highlighted the ways in which a criminal record holds people back Some themes that have emerged from our analysis My data doesn't represent who I am Whether criminal records or bad credit people expressed concern and frustration about the unrepresentative nature of data collected about them and how it is used to profile them as they reenter society They emphasized that a low credit score or criminal records reflect the choices judgments or actions they made in their past most due to scarcity being young or survival I mean the credit score part I really don’t think that represents who I am because first of all I don’t really even understand that I understand that it needs to be at a certain level but I just don’t get why you need that It’s not necessary to me I mean I’d rather have no credit than bad credit I’m just saying what is the point – Nabresha Ben Bradford “CMPD Set to Expand Reach of Surveillance Network ” WFAE January 31 2013 http wfae org post cmpd-set-expand-reach-surveillance-network 8 Jen Kinney “Searching for Police Transparency from Charlotte to California ” Next City September 22 2016 https nextcity org daily entry charlotte-police-transparency-race-data-collection 9 Jeffrey J Crow Paul D Escott and Flora J Hatley Wadelington A History of African Americans in North Carolina Raleigh N C Dept of Cultural Resources Division of Archives and History 1992 7 6 And even though their circumstances have changed Charlotteans themselves have transformed and have “served their time ” people are haunted by the profiles that follow them from place to place or job to job and impact their ability to move forward These records—a kind of data trail do not give others a full sense of who they are and where they want to go in life I have a criminal background It’s 15 to 30 years old I plead guilty to worthless checks It was 2003 Again that’s almost 15 years ago but it’s still held against me and it still hinders me It makes it extremely hard to get employment permanent employment Basically all of my jobs have been temporary positions or contract positions – Jill In our data-driven society people desire for their humanity to be respected and honored In countless interviews we heard people say they want to be seen as their full selves as entire human beings—not as their profiled selves People talk about having moved past their mistakes and wanting to rid themselves of that history I think just mainstream society period is like once you have a criminal record no matter if you stole bubblegum when you was 16 it’s like you're a criminal You're a bad person… I think once you get a criminal record everybody looks at you like Trayvon Martin And that’s pretty sad that they even have to bring his name up in a situation but it’s like you know if you would really sit down and get to know me I'm a very intelligent person But if you're just going off this paper then it’s like… – Bonnie The system isn't all bad It’s the people with decision-making power and policies that hold me back People matter to data collection processes and modulate the impact of data-driven systems on their daily lives Individuals on the front lines of institutions and who receive or process information—such as with an application for a job housing or other social services—have the power to hold people back Our interviewees described two kinds of individuals who process their data 1 people who come from similar backgrounds such as individuals with a criminal record who are now administrators and 2 people who come from opposite backgrounds such as people who do not have any relationship to or understanding of the criminal justice system or mass incarceration A lot of people forget where they come from and a lot of people ain’t been through some things to realize where they could go In other words they abuse it They misuse it … A Black lady Pam she used to be out here She forgot where she came from She used to be homeless on drugs under that same bridge down there buying drugs doing everything… I came in there from work one day to eat lunch and they were giving out boots I didn’t have enough time I said “Pam can you save me boots I’m still staying there until I get off ” She said “What size do you wear ” I said “I wear a size 9 ” She goes in there and looks and goes “Now I got a 9 ½ ” I said “I can wear them I’ll just put on a pair of socks ” She said “No you told me you wear a size 9 You 7 can’t get these ” She wouldn’t give me the work boots because it was a half size too big – Joker The worst thing I ever heard was “You probably should give up on finding a job ” He was like “I don’t even know why you came today because you know you got a background you know it’s recent and you know most places are not going to hire you so you probably should just stop trying Go to school or something ” – Karriem Our interviewees also talked about the multiple ways in which company policies or procedure interferes with their ability to move past a criminal record Charlotteans shared stories about how frank they were about past arrests or convictions how well they performed in a job interview and how recruiters assured them of their ability to be hired only to find out days or weeks later that someone in human resources or elsewhere blocked their employment despite the candidate’s honesty I had extensive history in the medical field and I had an interview with the manager she hired me right on the spot I was upfront about my background and so she said that she would do a drug screening Even though I told her about the background it was still their policy to run one so I said fine She gave me my start date and tell about the benefit package and this and that and so within two weeks I received a certified letter from them They didn’t even call me They sent a certified letter I guess their human resources and was like we can’t hire you We have to rescind our offer Yeah They rescinded the offer based on the background check I was devastated – Debra This event happens with companies and agencies that work with local organizations to hire individuals who have been previously incarcerated I actually tested for a data entry position back in February here with Goodwill I had to come in and take a test data entry test with keystroke testing and everything worked out fine She said I did exceptionally well on the test My skills exceeded what they were looking for She said hey you should have no problem getting this position so I didn’t hear anything else from her Three days went past I said well let me call her and just check the status When I called her she said “Oh everything was fine It’s just that they don’t hire anyone that has larceny ” It was really really discouraging I mean it’s just hard and sometimes it just makes me want to give up… I’m a single mom I have a 14-year-old and I have custody of my 4-year-old granddaughter It’s like it really discourages me because it makes me feel like hey you’re never going to advance – Jill When candidates are highly qualified knowledgeable and have the credentials to fulfill a position Charlotteans are turned back by companies’ policies whose hiring criteria rely on criminal records rather than people’s ability to perform and advance 8 I would say it's the policies and procedures of the company Number one whoever created those whether it's the board of trustees members of the organization whoever Those people that created those policies I think it comes from the top If you are a CEO of a company and you say we are felon friendly and I expect to have people with colorful backgrounds here you're going to have a really good company in my opinion You're going to have people that go above and beyond because they want that opportunity to show – Kristie I will reach my goal if I just put my best foot forward Community members have an awareness of how systems are currently working but they are resilient and persevere despite the difficulties of reentry repeated denials and barriers to personal prosperity To me when I was in prison or what not I heard a lot of people that came back… people that was even out here in this world tell me it’s hard out here in this world and jobs ain’t hiring But to me different strokes for different folks and what not In my case I had to have to gain the attitude to basically do something with myself You know By doing that I went forward As I went forward opportunity came to me I took advantage of that opportunity To me personally my experience I’m going to say it ain’t so much jobs not hiring or you get turned down because in life you can get turned down regardless There’s so much if you got the ambition to continue going regardless if you been turned down or not so it’s all on your decision and what you want for yourself I got opportunity to basically come out and show them that you know change is available Change wasn’t just available to me but you know change is available to anyone that want to take hold to it – Jeremiah They have a deep understanding of how data driven systems their criminal records systematic oppression and discrimination impacts their viability and ability to take care of their basic human needs but that doesn't deter them from trying no matter how difficult it gets with the hope of getting the break they need I know I can go to a library and print me out a resume and send my resume or just keep my resumes with me or send them out to people and let them know I'm struggling I'm homeless I had a couple jobs I don't have too bad of a record I still can get on my feet It's all a matter of who's going to help you who's going to let you in the door – Young Boy Dez All in all they keep a positive mindset in order to move forward focusing on the future they want to create for themselves Yeah You've got to keep motivating You have to always encourage yourself even now after the fact you have to encourage yourself because if you don't you'll give people power over you Your situation should not have power over 9 you You should have power over your situation It makes you feel bad but then you keep going somewhere down the road a no is going to turn into a yes and then you can get the money get the work People work towards getting it rectified and paying it off – Diddo We want systems that work for us not against us From public welfare to reentry organizations to prospective employers that welcome returning citizens many support systems do not appear to offer the help people need These support systems brand individuals a certain way and chastise them if they do not fit the mold People want and need help in meeting their basic human needs—be it shelter medical care a job and more But we heard many talking about the difficulty of accessing services feeling stigmatized and getting fed up to the point of wanting to give up leave shelters or quit Charlotte At this point where I am right now I feel like I benefit from these services but right now I feel like if I was to go ask them or anything they would look at me funny like You grown man You're old enough able-bodied ”They give me a stare You aren't supposed to be here What are you doing here It's just like a funny room I feel like I will be near homeless starving to the bones… to even step into that atmosphere They make me feel like You can get a job You don't know for somebody that's my age and my position it's pretty hard to ask for services It's like they play on your manhood That's what I get a feeling of These people look at me funny Like I don't need nothing but I do need help – Lamont A catch-22 emerged in some of the descriptions people shared in order to access different social services such as childcare you need to meet a requirement or stipulation For example when reentering people need to a to enroll in a class or classes but they take place during the day and interfere with the times needed to engage in a job search process Without evidence of a job a person is barred from maintaining access to services acquiring additional support or finding help through social programs We heard people say the incompatibility of these reentry requirements with the vicissitudes of daily life discouraged them and made them want to go back to their old lives They also describe how the data-driven systems use and collect their information in order for them to receive the service and how judgment and isolation is very much a part of those experiences She helps me with that but I feel like I don’t want to let nobody know what I’ve been through I feel like they’re judging me Just like when I got to the herb Urban Ministries they always ask you for the digits social security number but I feel like I’m homeless you all are using the information from me to just get money from me It’s my social security number I’ve been going through the herb about 10 years so I feel like you all been drawing money from me for 10 years – DO 10 Systems are communicating but not for my benefit Even though our interviews highlighted that data-driven systems are not all bad it is mostly the policies and individuals that block them they do agree that these systems communicate with each other but not to help community members just for the sole benefit of the data collector They’re not But then they’re talking to each other when they’re giving out your information and trying to sell or make a profit off of it So when it comes to taking money from you or when it comes to you needing information from them they’re not willing to give it out but when it’s giving information out for profit they’re going to do it… If I don’t pay my taxes you’ll send a cop to my house because they don’t play with taxes If you don’t pay your taxes they will send a cop to your house and they will arrest your ass within a couple days Same thing with rent if you don’t pay that rent they evict that ass but when it’s time for you to get money from them or you need documentation from them “Oh well you need to fill out this form It’s going to take 10 to 15 business days for us to process the request and it’s going to take another additional seven to 10 business days for us to send it out to you ” – Quincy Some things might keep you from getting the job Credit score might keep me from getting a job My background might be keeping me from being able to get a job Then I can't pay for the necessities I need to be able to pay lights water gas and keep a roof over my head Then that way you're selling me short You're selling my information but you're not selling it to where it benefits me – Diddo 11 Detroit Background Once the industrial center and the fourth largest city in the United States Detroit is a crucible of social transformation and participatory democracy where residents—as the AfricanAmerican folk saying goes—have been making a way out of no way for decades 10 Since the dramatic shifts in the city’s demographics from majority white to majority black following the 1967 Detroit rebellion and the subsequent election of the city’s first black mayor Coleman Young Sr Detroit residents have endured the weight of a dominant narrative that portrays them as “dumb lazy happy and rich ”11 This narrative has reached global acceptance while systematic disinvestment and discrimination against its residents festers with little notice from the rest of the world 12 Following the 2014 election of its first white mayor in 40 years global perception of Detroit shifted with media narratives heralding the city’s rebirth again to the exclusion of black residents and the realities of persistent inequities 13 Residents have challenged the comeback narrative that largely focuses on corporate-led initiatives especially the well-publicized decision of billionaire Dan Gilbert to move Quicken Loans an online lending giant to the downtown corridor of Detroit Gilbert is credited with attracting businesses generating much-needed tax income for the city and protecting Detroit’s neglected architectural treasures 14 Yet enthusiastic coverage of these and other revitalization efforts neglects mention of the extraction of public resources hi-tech surveillance of the downtown “Gilbertville ” corporate fraud and redlining practices leveraged by commercial actors against the residents of this majority Black city 15 James Boggs and Stephen M Ward Pages from a Black Radical’s Notebook  A James Boggs Reader Detroit MI Wayne State University Press 2011 Dianne Swann-Wright A Way out of No Way Claiming Family and Freedom in the New South Charlottesville University of Virginia Press 2002 11 Carolyn Clifford “White Flight and What It Meant to Detroit in the Wake of the 1967 Riots ” WXYZ Detroit MI WXYZ July 12 2017 https www wxyz com news detroit1967 white-flight-andwhat-it-meant-to-detroit-in-the-wake-of-the-1967-riots 12 Shea Howell “Distorted Reality in Detroit ” Common Dreams blog July 21 2014 https www commondreams org views 2014 07 21 distorted-reality-detroit 13 David Uberti “50 Years After the Detroit Rebellion the Media Is Making the Same Mistakes on Race ” Splinter July 28 2017 https splinternews com 50-years-after-the-detroit-rebellion-the-mediais-maki-1797244331 14 Ryan Felton “Redefining Eminent Domain ” Detroit Metro Times May 13 2014 https www metrotimes com detroit redefining-eminent-domain Content oid 2202018 15 Thomas J Sugrue “The Rise and Fall of Detroit’s Middle Class ” The New Yorker July 22 2013 https www newyorker com news news-desk the-rise-and-fall-of-detroits-middle-class Felton “Redefining Eminent Domain” Anna Clark “Detroit’s Dan Gilbert and the ‘Savior Complex ’” Columbia Journalism Review August 18 2014 https archives cjr org united_states_project dan_gilbert_detroit php page all Julie Creswell “Quicken Loans the New Mortgage Machine ” The New York Times January 21 2017 https www nytimes com 2017 01 21 business dealbook quicken-loans-dan-gilbert-mortgage10 12 Any “renaissance” the city has experienced is profoundly uneven in its distribution The comeback story omits that only 7 2 square miles or 5% of the city’s total area forms part of the revival 16 Detroit led the country in unemployment and child poverty rates in 2013 and in 2015 the Federal Communications Commission found that 40% of residents lack access to broadband internet highest among big cities 17 Between 2011 and 2015 the city foreclosed on one in four homes due to overdue property taxes and a dense area of foreclosures and property seizures extend across the city with the exception of the downtown area and a few neighborhoods 18 Meanwhile beginning in 2014 the Detroit Water and Sewage Department—an agency shouldering nearly $6 billion in debt—announced that it would target homes with unpaid bills tweeting “If you’re stealing water we’re coming after you ”19 In past years residents have watched their water bills increase by as much as 119 percent and an estimated 40 percent are delinquent on bills 20 An estimated 100 000 Detroiters have seen their water shut off since the lender html Nancy Kaffer “Who’s Watching the Detroit Watchmen ” Detroit Free Press March 21 2015 http www freep com story opinion columnists nancy-kaffer 2015 03 21 private-downtownsecurity-quicken 25117481 George Hunter “Project Green Light to Add Facial Recognition Software ” The Detroit News October 30 2017 http www detroitnews com story news local detroitcity 2017 10 30 detroit-police-facial-recognition-software 107166498 16 Bernadette Atuahene “Don’t Let Detroit’s Revival Rest on an Injustice ” The New York Times July 22 2017 sec Opinion https www nytimes com 2017 07 22 opinion sunday dont-let-detroitsrevival-rest-on-an-injustice html Bernadette Atuahene and Timothy R Hodge “Stategraft ” August 2016 17 Annie E Casey Foundation “Thirty-Five Largest U S Cities Saw Increase in Child Poverty Rate Between 2005 and 2013 ” Annie E Casey Foundation September 22 2014 http www aecf org blog thirty-five-largest-us-cities-saw-increase-in-child-poverty-rate-between Don Reisinger “Four in Ten Detroit Residents Lack Broadband Internet Access ” Fortune May 23 2016 http fortune com 2016 05 23 detroit-broadband-access Jameson Zimmer “These 25 Cities Are the Most Impacted By the Digital Divide ” The Broadband Report December 24 2015 https broadbandnow com report 25-cities-most-impacted-by-the-digital-divide 18 Violet Ikonomova “Here Is a Horrifying Map That Shows Every Detroit Tax Foreclosure since 2002 ” Detroit Metro Times July 7 2017 https www metrotimes com newshits archives 2017 07 07 here-is-a-horrifying-map-that-shows-every-detroit-tax-foreclosure-since-2002 19 Laura Gottesdiener “UN Officials ‘shocked’ by Detroit’s Mass Water Shutoffs ” Al-Jazeera America October 20 2014 http america aljazeera com articles 2014 10 20 detroit-water-un html Khaled A Beydoun “Detroit’s Water Behind the Crisis ” Al Jazeera July 27 2014 https www aljazeera com indepth opinion 2014 07 detroit-water-behind-crisis2014727123440725511 html Amy Goodman “Detroit Faces ‘Humanitarian Crisis’ as City Shuts Off Water Access for Thousands of Residents ” Democracy Now Pacifica October 10 2014 http www democracynow org 2014 10 10 detroit_faces_humanitarian_crisis_as_city 20 Goodman “Detroit Faces ‘Humanitarian Crisis’ as City Shuts Off Water Access for Thousands of Residents” Alana Semuels “Thousands Go without Water as Detroit Cuts Service for Nonpayment ” LA Times June 28 2014 http www latimes com nation la-na-detroit-water-20140629-story html 13 water authority initiated the effort 21 Power shut-offs also affect low-income Detroiters and the energy authority is under recent investigation for computer glitches that led power loss for approximately 9 000 customers 22 In a city where African-Americans make up over 80% of the population foreclosures and shutoffs follow a discriminatory history of institutional racism that stretches back to the economic upheaval that led to the Great Migration and brought thousands of black folks to Detroit But contemporary Detroit also draws on its history as a center of human resilience from the legacy of James and Grace Lee Boggs Center and Detroit Summer to Michigan Welfare Rights Organization We the People of Detroit and more We Didn’t Get Here By Accident Our work in Detroit is situated within this context and against a backdrop of recent crises for residents of the Motor City The Detroiters with whom we spoke entered into the conversation about data collection and data-driven systems by reflecting on information collected or used by the city In the 33 interviews we completed 23 Detroiters shared a range of stories that ran from the impacts of predation and bad credit to property misclassification and social media surveillance Frustration with data-driven society is palpable though not immutable The Detroiters we spoke with combined talk of pervasive data collection human needs and the state of an unequal city I don’t trust data-driven systems though data could be used for better Detroiters expressed a distrust of data systems though acknowledged that data could be used in positive ways and made suggestions towards that end Be it third parties the state or commercial predators Detroiters expressed distrust of data collection on individuals But our interviewees also talked about the possibility for change including the idea of meaningful consent targeting for the promotion of collective resources or quality-of-life improvements as opposed to punitive data collection Like maybe there needs to be some protections on how corporations access data Like maybe there’s too much free reign Maybe like maybe this isn’t the right language but I’m thinking the reversed permit where a normal permit says you have to have—well it’s not that you have to have this much money but you Ryan Felton “Detroit Water Shut-Offs Resume — and Residents Continue to Struggle with Bills ” Detroit Metro Times July 6 2016 https www metrotimes com newshits archives 2016 07 06 detroit-water-shut-offs-resume-and-residents-continue-to-struggle-with-bills Rose Hackman “What Happens When Detroit Shuts Off the Water of 100 000 People ” The Atlantic July 17 2014 https www theatlantic com business archive 2014 07 what-happens-when-detroit-shutsoff-the-water-of-100000-people 374548 22 Tyler Clifford “State to Question DTE in Case of Shutoff Errors ” Crain’s Detroit Business February 5 2018 http www crainsdetroit com article 20180206 news 652256 state-to-question-dte-incase-of-shutoff-errors 23 Due to unexpected circumstances our analysis only uses 28 interviews Seven audio files were corrupted and these stories were not retrievable 21 14 have to pay this much money to do this type of thing In this instance you didn’t have this much money you cannot do this type of thing So if you have $500 million you just can’t access all publicly accessible data in the state or even in the city So that prevents I don't know it might not 100% prevent monopolies but you can maybe significantly prevent monopolies from having free reign and free access to data that’s going to make them more millions - Tachalla And so I think limiting outright like how that data can be used and what data can be collected would be a start And then also just in general having some sort of policy for like mandatory consent and like being able to opt out of getting of giving certain data but still being able to get a service Like even all the way down to like if you download an app and they're like We want to access to all of these things Like no You be able to either consent to that or like consent to giving them only access to certain things like the very specific things that they need in order to function Like maybe you don't need access to all of my contacts with your Instagram and I'm just going to be posting pictures Maybe you only need to access my pictures But a lot of the systems are like either it's not really like consent if like you just can't have this thing that everybody uses unless you give us this - Unicorn The changes I would make would be to have data that is intentional and targeted and centering people in the middle of those decisions So data would be created for the people and with people as opposed to on people and against people Data would be done in a way that is an instrument and a tool to support their uplift and the uplift of their consciousness and the quality of their lives It would be used to map and visualize so that people’s understanding was centered in coming together and being their own solutionaries It would be places of a tool for skill sharing and learning It would put health as a priority It would put our children’s education as a priority It would mean that there would be no persons without housing if they so choose It would be a pairing so we would be looking for ways to place people in homes as opposed to using data as a justification for pushing people out of homes - Ollie Mae I’m unfairly punished for bad past decisions A lot of people we spoke with in Detroit identify the punitive effects of the credit report They feel like low credit functions as a penalty or mark against them when predators are also part of the picture Detroiters sense that a predatory market facilitated or enabled a bad consumer choice or behavior they made and that they receive the brunt of blame The impacts of bad credit are severe and hinder people from meeting their basic needs So I’ve made a number of purchases throughout my life Some of those included school loans Some of those were other stupid credit card loans Regardless they were loans Granted I haven’t paid many of them back yet that data has been transferred between other credit card companies So it creates this cumulative credit score that I have That credit score determines my 15 access to future monies So like a signal to how well I can pay back future money and that affects how much I’m able to do in the short near term future – Tachalla If your gas gets cut off it’s going to impede your lights If you gas and your lights are in jeopardy of being cut off that information is reported on your credit If you need to move or you’re buying a home it just affects everything – Sunflower I got a ticket when I was nineteen twenty and that ticket kind of snowballed into this whole long thing of like basically like a huge mountain of debt in terms of that that I was stuck up under for like ten years or so – Tom I believe in privacy but I don’t think there’s much I can do to protect it We spoke to people who desire and care about privacy but who feel like they have no choice but to give up information From the minute you are registered at birth to the streets you roam to the everyday transactions in which you engage—our interviewees talked about pervasive data collection that they experience and the frustration that creates Oh God I don't even—yeah I just feel like if I'm going to have a bank account if I'm going to register my car if I'm going to have healthcare I just don't even—I've sort of given up on trying to protect privacy – Anonymous Detroit I mean your face is not even your own anymore Your face is being captured by cameras – Da Hive They’re dictator Because you sign that certificate that allows them to do that that birth certificate allows them dictatorship – Sean Michaels I really believe that every button that is pushed collects something about you – Bebop My identity plays a role in how data systems treat me By and large Detroiters felt that race and economic status play a role in their interactions with data-driven systems I feel like my identity is inseparable from my digital presence – Anonymous Detroit I truly believe that who you are what you look like your identity is your digital footprint – Bebop We’ve never seen no culture or group of people on the face of the earth have seen as much monitoring and as much lack of privacy that we have experienced in the last 20 years Or even 15 years since 9 11 It’s really important that we know the old saying giving up your freedom for security – Da Hive I'm often concerned how my orientation will play a role in someone denying me of my liberty at some point in the future – Justice Black 16 Oh goodness identity right right Yeah that identifier helped me become a dataset for a further dataset of receiving state assistance but by a state that created that system where I needed that when if you could’ve just paid me a damn living wage I wouldn’t have to have it – Terrence Car insurance That’s what I’d be penalized with I didn’t show up in a database for having clean tags and proper insurance So that sucks Yeah which of course is being disproportionately used in a black city and you can talk about history and redlining and how current insurance rates they you know they instantly go up across the borderline between Detroit and other cities black white that whole thing Yeah so that’s ways in which I’ve been penalized – Tachalla I am forced to become—and feel—like a number People we interviewed spoke about becoming data points in a larger system of services—both commercial and government—that treats them as a statistic as opposed to a human I don't know I just feel like a number I don't even know – Lola I know utility companies definitely leverage the need of what you need as a basic tool for survival to capture all of your information from your Social Security number to your birthday to your name which are all primary tools of identity theft You need those things now to even have utilities – Renita We know everything in this system is based on numbers So they associate your name with numbers Whether it’s a credit card your driver’s license which now has a metallic strip on the back of it Every other source of ID that we’re really forced to have now you can’t even get an ID without five pieces of ID So to me these are ways of collecting data on you Whether it is through the DMV Social Security All of these entities that are keeping this data and they are crossreferencing this data So that they pretty much know everything that you are doing whether it’s your bank cards you know So they are all tied in – Luca 17 Los Angeles Background Los Angeles is the third largest metropolitan economy in the world and in 2017 the annual count of people who are homeless saw a 25% increase Skid Row a neighborhood the size of 52 square blocks has the highest concentration of unhoused individuals in LA County and an estimated 33% of parolees released in the area settle here 24 In Skid Row property speculation and development is having drastic and traumatic effects on the unhoused community The wealth pouring into downtown is pushing out Skid Row residents as gentrification replaces single residence occupancy SRO units with live work lofts In 2015 the city re-regulated “streets sweeps ” classifying all but in name possessions of the unhoused as trash to be cleared 25 A recent study found just 9 usable toilets at night for a street-based population of almost 2 000 far below United Nations’ mandates for human rights and well-being 26 Low-income residents of public housing are also under assault Jordan Downs is home to one of the country’s oldest public housing projects In 2017 unemployment affected approximately 50 percent of its adult residents and that average family earnings totaled about $1 250 per month 27 Here anxiety and harassment plague residents as the city moves forward with $1 billion redevelopment plan that will raze 700 units and replace them with 1 800 mixed income apartments Jordan Downs’ poorest renters fear being forced out in order to make way for higher earning residents willing to pay market rate for new housing 28 Meanwhile LA serves as a hotbed of data profiling and surveillance experimentation In 2010 the city won $7 million in a federal grant to equip three housing projects Jordan Downs Los Angeles Poverty Department “State of Incarceration ” Los Angeles Poverty Department blog June 4 2010 https www lapovertydept org projects state-of-incarceration Ryan Vaillancourt “State Prison Shift Puts Skid Row at Risk ” Los Angeles Downtown News - The Voice of Downtown Los Angeles November 4 2011 http www ladowntownnews com news state-prison-shift-puts-skid-row-atrisk article_6ba8a322-0737-11e1-bd51-001cc4c002e0 html Andrew Smith “A Cop’s View from Skid Row ” Los Angeles Times March 27 2007 http www latimes com la-oe-smith27mar27-story html 25 LA Human Right to Housing Collective “L A M C 56 11 63 44d The Ordinances That Further Criminalize Homelessness ” LA Human Right to Housing Collective July 15 2015 http www lahumanrighttohousing org post 148751608686 lamc-5611-6344d-the-ordinances-that 26 Alistair Gee “At Night on Skid Row Nearly 2 000 Homeless People Share Just Nine Toilets ” The Guardian June 30 2017 https www theguardian com us-news 2017 jun 30 la-skid-row-homelesstoilet-access-report 27 Kurt Streeter “In Jordan Downs Housing Project Police Are Forging a New Relationship ” Los Angeles Times February 16 2014 http articles latimes com 2014 feb 16 local la-me-jordan-downscops-20140217 28 Daniel Ross “An LA Housing Project Is Evicting Residents and Making Plans for Gentrification ” Vice February 19 2014 https www vice com en_us article dpw7xw residents-of-las-largest-housingproject-are-being-evicted-to-make-room-for-pricey-apartments 24 18 Nickerson Gardens and Imperial Courts with surveillance cameras 29 More recently Los Angeles Police Department partnered with a CIA-backed company on the forefront of predictive policing and deployment of facial recognition software on parts of its vast CCTV network to search for “matches” to a closely guarded and problematic gang database 30 Data mining on an unprecedented scale is now being utilized in the name of fraud detection and benefits management for government services 31 Power Not Paranoia As marginalized communities push back—such as a drive for Skid Row to have basic and immediate needs met without criminalization and residents in Jordan Downs organize to keep their housing with dignity health safety and environmental concerns met through the Human Right to Housing Collective—our work in Los Angeles emerges against the backdrop of gross inequalities and considers resistance to surveillance whether by police or other collaborating state actors such as the Department of Housing and Urban Development The Angelinos with whom we spoke entered into conversation about data collection and data-driven systems by reflecting on housing and the interplay between data and housing authorities law enforcement commercial actors and more Across our 50 interviews people honed in on the exacting toll of a perpetual state of being watched and counted to the detriment of human dignity and human relationships Angelinos want to be seen and heard not watched and they shared experiences from the impacts of navigating a culture of surveillance and control through a range of systems that manage human needs and rights Some themes that have emerged Data is a power relationship Data collection often diminishes the agency and limits the self-determination of targeted individuals and communities Digital profiles and statistical risk models in social services child welfare law enforcement and housing replace the full collective stories of our lives with decontextualized ahistorical and individualized data The abstraction of our experience and full humanity into categories types and ratings is a form of dehumanization and the process can be deeply traumatizing In our conversations with people in Los Angeles we learned data collection and data-driven systems represented unequal power dynamics in their lives People described being in various situations of control and of having to give up one human right for another These processes and systems curtail people’s movement and interfere with people’s ability to be free agents of Frank Stoltze “LAPD to Increase Surveillance Camera Use at Housing Projects” Los Angeles CA Southern California Public Radio June 24 2010 https www scpr org news 2010 06 24 16494 lapd-dramatically-increase-use-surveillance-camera 30 Jaques Peretti “Palantir The ‘Special Ops’ Tech Giant That Wields as Much Real-World Power as Google ” July 30 2017 https www theguardian com world 2017 jul 30 palantir-peter-thiel-cia-datacrime-police 31 Virginia Eubanks Automating Inequality How High-Tech Tools Profile Police and Punish the Poor New York NY St Martin’s Press 2018 29 19 their own destinies People shared stories of feeling the weight of the institutions—primarily law enforcement and social services—that assert their authority and create and maintain hierarchies data controllers on high and data “subjects” on low seen as a scourge or less than I’m free in physical terms but I wear a shackle around my ankle so they know where I am the places I go to where I spend time what places I’ve visited so having that shackle is like having a spy over my shoulder on top of me all the time my whole life Given that I need to wait for my immigration status to be solved my political asylum case sets many restrictions regarding which services I need and can access health services housing that I could acquire They set restrictions because one of the conditions to my freedom is not becoming a burden to the state according to them But rather they don’t want me to be a burden but they don’t give me a work permit either They don’t want me to be a burden but I’m… I can’t travel to other states to be able to broaden my horizons and my job opportunities They don’t allow me to leave the state because if I leave with this shackle on it sends them a warning and that would immediately mean that they send me back to jail – Valeria Data systems are a set-up Our interviewees understand the collection storage sharing and analysis of data as part of a looping cycle of injustice that results in diversion from shared public resources surveillance of families and communities and violations of basic human rights Connected to the experience of power and powerlessness the theme of “set-up” concerns the ways in which data collection and data-driven systems often purport to help but neglect and fail Angelinos Interviewees described these set-ups as “traps” or moments in their lives of being forced or cornered into making decisions where human rights and needs are on a chopping board When using social services to meet basic needs or expecting that a 9-1-1 call in an emergency will bring health and or safety support into their homes or communities our interviewees spoke about systems that confuse stigmatize divert repel or harm These systems—or the data they require—give people the impression of helping but they achieve the opposite They ask or collect but rarely give and that leads to mistrust disengagement or avoidance Furthermore systems perpetuate violent cycles when they are designed to harm criminalize maintain forced engagement I believe that housing is a trap door I believe where this system was actually set up in order to aid and assist people that that process has been lost I believe that this was supposed to be almost as a stepping stone as you begin to get yourself together this was supposed to be a way for you to be able to save and maybe acquire the things that you would need for the next step Unfortunately it’s not like that Because if you make any more you can’t save any more to move anywhere because you can make anymore they want more So it’s not actually a helping process It’s more like a hindering process It’s keeping you exactly where you are in need of them at all times…We have what’s called an annual review where every year even though we’ve applied to be here it’s 20 almost like you have to apply and reassure them that you are poor and doing bad in order to stay here So it’s not actually made to help you do any better It’s actually made to keep you right where you are – Mika Data-driven systems tear me my family and my community apart Interviewees describe the effects of powerful unequal data collection processes as an emotional psychological and physical toll with traumatizing effects In the context of struggle between Los Angeles’ most marginalized residents and institutions that claim but do not provide the safety or support they advertise wrong labels misclassification and misinterpretation of data profiles are life-changing events such as the separation of children from their parents Junior Ever since I was a child I've been running from them law enforcement because they took me away from my mom They would come to our house and try to get me They would come and get me I'd run from them because I didn't want them to take me away from my mom Mariella Were they trying to separate you from your mom Junior Yeah Mariella Like Child Protective Services Junior Yeah Maybe I probably would have went to a good family or something but I didn't want to get taken away from her Mariella Yeah of course I hear you Did they take you away Junior Yeah They took me to a foster home Mariella They did Junior The first day I left I came back It was in Palm Springs I hitchhiked all the way back over here Mariella Wow How old were you if it's okay to ask Junior About eight or nine… I don't even know how I made it It was crazy It worked out…I had to jump down the wall It was a two-story building because we were on the top floor literally Then I came back over here and I was happy to see her…Then they took her and then she got busted and she went to prison for like four or five years It was all chaos I got into the neighborhood Data collection and data-driven systems feed into a culture of fear and suspicion Pervasive and comprehensive surveillance by law enforcement is front and center for our interviewees and their tactics of data collection and use of data-driven systems connect to the experience of over-policing feeling fearful of being watched and profiled as a suspicious or a person of interest In my experience even if you don’t want to interact with them law enforcement will find ways to stop you and collect your data – Janet 21 Because if we go and request our information since our papers are there with Immigration we are scared that now that this president is in office it may harm us in some way Everything you do in this country good or bad it’s used against you Does it have an impact on your family Of course it does A very negative impact Those who suffer most are always the children What are we creating Panic fear sadness – Guadalupe Data systems write me off for being poor Our interviewees find that day in and day out data-driven systems—and sometimes the people behind them—treat them poorly for being poor Data collection and data-driven systems leave them feeling exposed as if asking for help is something to be ashamed of So I realized that here in the United States the people who are poor have no systems set up for them to get out of poverty On the contrary they are… The moment you are poor you enter into a maze … I need a system that helps makes you feel like a human being right … A system with which I work together and not one that saves me or rescues me from anything because I don’t need for anyone to rescue me or save me – Marco Harmful systems try to separate “OK he's poor he's rich ” You are worth more because you are rich you are worth less because you are poor – Guadalupe I want to be seen not watched and heard not harmed In Los Angeles we heard our interviewees differentiate between helpful and harmful systems The primary sentiment focuses on a human element in the myriad points of contact that people have with different systems of collection they desire a respectful interactions where people hear communities’ needs and systems help them rather than punish them for trying to meet their needs Angelinos want systems to recognize the contexts that shaped their current trajectories and the opportunities that lay before them rather than systems that categorize them or put them in box I think personal information is interesting to think about Because a lot of our personal information in kind of the spirit of this project does not refer to the information like our soul transformation that occurred or like how it impacted us when a grandparent died That’s a deep personal information right But so often I remember reading when I was maybe as young as 13 maybe older that Google is actually able to identify you off of your age and birthdate and that is actually a unique identifying thing I don’t know if I am remembering that correctly but I do remember it was three pieces of information that felt very actually impersonal to me like your birthday your age where you live That is enough to be a unique identifier – Opulence 22 We have solutions and strategies to keep us human Despite feeling tracked and trapped by data collection interviewees have shared innovative strategies for survival and self-defense They have talked about blocking avoiding data collection expungement FOIA requests of their records and building alternative communication systems that support human dignity and self-determination They offer compelling policy prescriptions minimize the amount of data that is collected for example or use a level of data privacy common to healthcare in other settings 23 Our Data Bodies Commonalities Among Us In the process of analyzing our interviews we have come to understand and define data bodies as follows Our data bodies are discrete parts of our whole selves that are collected stored in databases the cloud and other spaces of digitally networked flows and used to make decisions or determinations about us They are a manifestation of our relationships with our communities and institutions including institutions of privilege oppression and domination This definition flows from what we are hearing about people’s desire for human relationships or connections and for human connection that involve mutual recognition and respect The themes we hear across the three cities point to the hardships and violence our interviewees experience as data bodies Predatory data-driven systems routinely hold us back and prevent us from meeting basic needs Interviewees express feelings of vulnerability in being exposed to systems they experience as predatory When applying to jobs browsing the internet signing up for social services filling out forms Charlotteans Detroiters and Angelinos we spoke with share experiences of being preyed upon hounded or harassed They feel at risk to those who ask for their information Annoyance is part of the equation but so are real financial impacts Just like those telemarketers be calling As soon as they call I hang up “I’m called to reference on your credit card ” “I don’t own a credit card How do you get my number ” Then they got one that say you can block them and they still call back I don’t understand how they get it if I’m blocking you and you still call back two or three days later I don’t understand that… Same number One talking about you done won a trip to Miami and send them $700 Yeah right Picture that… With that information I think they scam it – J Charlotte Since I've gotten on Medicaid So then I got an Obama phone and the first thing I noticed is that I'm getting calls all the time from credit card companies… A nd then also what I was told was the reason why—the economic justification for the free Obama phone for people on Medicaid is so that they keep their doctors' appointments Isn't that creepy – Anonymous Detroit Amy Black Los Angeles I’m going to say hindrance would be when they popping up all those “Find your loan fix your credit check you credit for free all you need is a small five second… and put your email and put your birthday ” But then I tell you all they need is what Sometimes just your birthday See so that could be a hindrance because I remember one time I did apply for a loan 24 on the internet… Mariella Were you looking for it or did it pop up Amy No it just… something that’s either in your email or on Facebook says “Hey we can do this with you If you’re a business owner or you’re going to school whatever put this here you’ll find out if you’re approved in five minutes ” So I’m going to see if I can get approved in five minutes and what I got in five minutes was a phone call saying that I own them money and they didn’t even gave me no money If I tell you the guy was calling me calling me calling me calling me calling me… A t the end of the day I was getting harassed like crazy and I never got no money Credit scores are part of people’s account of predatory data-driven systems and play a big role in keeping people down Over and again our interviewees mentioned credit being used in job and housing applications to make unfair interpretations of who they are Debra Charlotte The credit offers from Credit Karma right from Credit Karma When you sign up for Credit Karma to view your credit report they do different credit card Not so much commercials but advertisements will pop up They’ll have a list You would be a good candidate to get this if you’re trying to rebuild or anything of that nature That’s probably where now that I’m thinking about it Yeah Tamika Credit Karma is for tracking your credit Debra Tracking your credit You’re checking your credit report seeing if anything is matching To see if everything is matched up… Then they still put the advertisements in there They do… They’ll say if you’re trying to rebuild or establish credit… Tamika Get in more Get in debt Debra This will be good for you Yeah That’s what they do Nowadays you need credit for almost every single damn thing They even get your credit for a job like if you don’t have a good credit score some jobs will deny you because it makes you think you’re more at risk to steal It labels you almost like a criminal if your credit is not good What the fuck does that have to do with you stealing My integrity is not attached to my credit just because I made a couple of bad decisions and maxed out that credit card doesn’t mean I want to go out stealing and robbing cash registers It’s just that I’ve fallen on hard times – Quincy Charlotte Knowing your credit knowing your scores knowing how much you make what you buy So they can target you for giving a loan or not giving a loan Deciding what you can have or not – Janet Los Angeles When you go to apply for apartments and they do your credit check that's harmful because see if you had a 720 of a credit score and every time an apartment company run your credit you know what they do It brings down your credit score so you'll no longer be a 720 and I think that's harmful 25 because these people making you pay for you to destroy your credit Your $35 $25 fee to tear up your credit Right – Amy Black Los Angeles Data security factors into the equation and a significant number of interviewees talked about identity theft as well as the lack of support to recover their losses I’ve had instances of what you call this identity theft and that was real I ended up even going all the way having to like bail myself out of jail based on that Because they went and started a bank account and things like that So that went into the system and then got me into having warrants out for my arrest and things like that So that was an instance where that was in the data system where somebody used my name and took all of that So it was a long time for me to work my way out of that whole situation… E ven when I thought that I’d handled everything it was still like a last thing that I hadn’t been that I didn’t know about and it was still there There was still a warrant out because it was somewhere else they went and used checks to write bad checks with my name – Brenda Detroit My identity was stolen twice already… Once they asked for a loan from the bank and ended up owing almost 20 000 And the other time my permit my social security everything was stolen from my house… I n fact the Bank of America manager I was telling her “why am I owing so much if I’m not withdrawing money ” Back then I was getting child support I had three jobs and I didn’t need to withdraw money from the bank And the papers arrived And once it arrived a child’s dad was there and he said that I owed more than 10 000… And I did go to the police And I went to Housing and told them what had happened… And the truth is that I went bankrupt And I had to pay I can’t remember 1 500 or 2 000 – Evelyn Los Angeles Data-driven systems unfairly divert us from resources we are entitled to and need to survive Related to predatory systems most our interviewees feel that commercial and governmental data systems block them from accessing the resources and relationships that they need to survive and thrive For Charlotteans Detroiters and Angelinos online applications intrusive data collection and digital tracking divert them from accessing basic human needs such as jobs education housing food and social services This diversion is accomplished through various means policies block new migrants and returning citizens from accessing their human rights needlessly complex systems create bureaucratic hurdles to benefits disproportionate scrutiny makes families feel unsafe and produces stigma and shame If you’re a felon you’re not eligible to receive any benefits That’s that – Code Blue Charlotte The Michigan Department of Health and Human Services…the only thing that makes their data systems helpful at all is that sometimes it’s the only way you 26 can get connected to them I finally realized that I could maybe email my caseworker They don’t give you the full email address You’ve got to figure out okay if they say “A Dickerson ” that’s the only information they give you They leave you to figure out “Well I guess @michigan gov dot whatever ” and see if that works T hey’re holding all of these important chips and all of this information and it’s difficult so often to interact with that and find out what that means T alk about a brain buster – ODB Detroit So knowing that this electronic system that we live in has basically got us separated from the water that we need to swim towards in order to live we're all struggling on the sands of the beach trying to get back to the water – General Jeff Los Angeles This dynamic of diversion is shaped by applicants’ inadequate access to online tools and intensified when they feel that they have to release very sensitive or stigmatizing information about themselves Information imbalances lie at the center of this process Interviewees feel that they are hypervisible they have to share all kinds of personal information about themselves but this kind of data is not what they need to meet their basic human needs Rather than the two-way reciprocal relationship of seeing and being seen they feel closed and secretive state agencies or corporations treat them like an “open book ” leaving them vulnerable and insecure This kind of one-way scrutiny means that every move they make feels under investigation but simple information that would dramatically improve their lives is hard to find This suggested to many of them that data-driven systems serve more to reinforce existing power relationships rather than to disrupt or equalize them Data collection feels extractive and takes a serious emotional toll on us Our research participants spoke at length about feeling uneasy frustrated overwhelmed frightened and angered by their experiences with data collection When interviewees felt that their data trails were being used to single them out for scrutiny or punishment negativity towards data-driven systems intensified Similarly they felt especially intense when institutions that our interviewees already found alienating or stigmatizing including law enforcement the medical system public housing and the public assistance office were the ones collecting the data When they lack control over how their data is used digital scrutiny feels most paralyzing and dangerous to them Tamika How does this like the sharing of this information in general make you feel Assata Charlotte Child stressful And like a damn like a like a like it just looks like you’re plagued Like with the what did they used to say back in the day a red letter or whatever Like you are plagued Like I feel like it’s like some Tamika Like you are like an outcast Assata Yeah that Like an outcast and it’s something that can’t escape 27 Tamika Okay Like it’s following you Assata Yeah like it follows me Should I give them information that allows me to get this healthcare that is subsidized not free and be a part of a health system that does not yield positive results I struggled with giving them motherfuckers my information Still do because I have a serious health challenge but I don’t want to give the information to a system that harms that is not something that I’m in alignment with I feel pissed off I have a problem with being a number and a statistic That alone is not a good feeling – Terrence Detroit The housing authority placed us in a very very very difficult situation We’re scared when we go there we go into that office Thinking “What are they going to look for what are we going to say what are we going to do ” If my cousin comes to live here to be happy to share or got out of prison they will be investigating It stops you in your tracks Every human being has the chance to be happy to be part of society without being scared or feeling guilty about moving forward And criminal records checks are what stops us here That because you did something that cannot be corrected for some time but you’ve been through the process you made up for it… and housing says “If you’re going to come and live here I will check your criminal record ” That puts the human being down so that he won’t want to move forward ” No they’ll be checking up on me ” So it’s like a dagger in your heart – Angélica Los Angeles Many of our research participants felt like the process of data collection analysis and sharing is dehumanizing They felt that their experiences were being extracted and abstracted leaving a decontextualized data body that is less complex than their lived experience and understanding of themselves Our participants feel boxed in—or boxed out—by the limited opportunities to self-define in data-based life What’s more they feel that technologies people and other entities are manipulating their narratives for their own ends especially to criminalize them or their communities They reminded us that their stories and their lives are richer fuller and more complex than any data profile could ever capture You don't know my situation You don't know my struggle You don't even know where I come from Don't judge a book by its cover That's my motto You can't look at me and say “You don't need nothing What are you doing here ” That's how I feel going to ask for DSF help or Social Services help food stamps EBT Go in there they look at you “You're asking for EBT ” – Lamont Charlotte They don’t really have any real idea of who I am and what I am They’re probably looking up my name and seeing what I’ve been connected to If they have some kind of number that identifies me that number can tell them a lot about me but it might not tell them why I’m doing what I’m doing ” – Sam Detroit 28 Being in a foster home you are your mother's child with that Social Security birthday and name That's all you are a Social Security number Now because I’m going to a foster home the police are being called so now my name is in the police system N ow you're easily to be criminalized because you’re already in the system of the database of the police So from the police now they’re calling social workers which is the DCFS Department of Children and Family Services Now you went from momma’s belly to the police car or the police data now DCFS data now DCFS data has got to go through their process and then now we’re going into someone's home It's all a chain of command Everybody is getting paid off of you basically – Amy Black Los Angeles The hurt and the harms of data-driven systems connect to past systems of discrimination and exploitation against members of marginalized communities People feel targeted and profiled because of their race or ethnicity economic status or class identity age gender sexual identity housing status criminal record or any combination thereof Niggie Charlotte I think because my identities are so visible they make me stand out more In terms of data collection data typically collects more information on any type of like thing it determines is an outlier or like extra So a queer black person is definitely going to be hypervisible I am rather highly visible to a surveillance system I think that sucks a little bit Like if I was a white man I could be a little more Tamika Fluid Niggie Yeah You know what I’m saying Tamika How has that impacted you Niggie I mean I think it definitely helps aid in like who they choose to arrest I’ve definitely been arrested I think many times because of those identities And because of the visibility that those identities bring I was refused to vote I couldn’t vote because my gender on my ID didn’t match – Freida Detroit The sentiment that racial difference marks people in different ways with different consequences plays out in unmistakable ways during conversation about data collection and data-driven systems Like I said as being identified through a number so that number tells them who I am I dated a white woman and she was Italian I ain’t never had a school loan I always paid off my houses and my cars I never went into default She went into default She had a school loan that went into default but her credit always stayed better than mine I was always wondering “How does your shit stay better than mine I paying my bills You ain’t paying your bills – Sean Michaels Detroit 29 I think this type of systems in place is very detrimental to human needs because of what color your skin is that bases it on the type of services and the way you’re going to be treated by the public systems such as mental health health services dental services housing services… Like me even though I am a Latino but I’m more of a English-Latino And you wouldn’t think that because my name is Amy Black You might even think I was a black girl right But I’m not When see the name Amy black on the paper they’re going to think what That I’m a black person but when they see me they’re going to say “The name don’t fit the person ” Our interviewees connect these disparities to a longer history of mistreatment – Amy Black Los Angeles Take for instance I served in the same war as my white counterpart but it's much easier for them to get benefits We don't have to go through as much—I mean we have to go through more than they have to go through to get benefits It's almost like we have to—sometimes it has to be an act of Congress to get the benefits that were due to us It's always been that way even before World War II – Hatman Los Angeles Our strategies for self-defense and survival keep us connected and feeling whole Despite feeling stressed sad and overwhelmed by digital scrutiny dehumanized by data profiling and surveillance and diverted from accessing their basic human needs our interviewees still work to change their lives and share their stories Scholars and policy-makers write that people feel a sense of resignation in the face of ubiquitous data collection We found that this was often true Many of our interviewees described feeling that new data-based systems are inevitable and that their communities will most likely bear a disproportionate share of their negative consequences But people aren’t ready to acquiesce or give up their power I don’t think I’ve surrendered to the fact that they’re just going to do what they’re going to do – Sam Detroit It is important sometimes for us to also take stock and to recognize that even if we are the poorest and the least protected even if we have made the worst mistakes we have the right the opportunity to love ourselves Because we also have to We have to keep our spirits up – Marco Los Angeles I'm going to say that's why this is important this work is important That's why it's important we talk about it important that I do something about it so that we can bring exposure to the wrongs – Kristie Charlotte In each of the three cities our interviewees confront and challenge predatory data-driven systems or invasive data collection to feel whole again and to experience safety and belonging with others On balance these strategies include obscuring data trails about themselves keeping track of how they’re tracked and setting the record straight Here the record refers to things like credit scores arrests versus convictions outdated files with Child Protective 30 Services and property classifications These strategies also involve reestablishing bonds with others and with the land such as through eating local healthy food sharing food with others or being “off the grid ” Our policies priorities and visions for the future focus on just models of governance economics and criminal justice and on guarantees for our human rights People that we spoke with want to see communities governed including in ways that are inclusive to all I would educate the younger folks so that it would be a means on how to not fall into some of the other traps the older folks have fallen into by just being out here and not really paying attention to policies Because policies are in place but do you understand the policies – Sunflower Detroit Get rid of emergency management and the march toward austerity the march towards small government because the smaller our government gets the harder to access it gets – Lilith Detroit I think that the information that would be very important not to focus on how the rich people live It would be more important to focus on how the minority lives To include them in each of the decisions that the government makes – Guadalupe Los Angeles T hose people who are infringing on our rights those people who are basically you know holding us in slavery and bondage I would just change the system of white nationalism and I would just get rid of that whole system – Bonnie Charlotte At the same time our research participants talk about creating a culture of sharing and empathy I would establish the return of the commons I mean this is the stewardship of the land the water the air – Da Hive Detroit Everybody would be happy Everything would be green Flowers It would be so beautiful People would be like “Oh yeah come over and eat today ” People wouldn’t suffer – Rita Los Angeles I f we killed capitalism and created something that was for all of us We could do that with the data and it would be a good thing We would have to collect data But we would be collecting it and we wouldn’t be using it against each other – Jean Detroit Our interviewees want changes in data systems that improve criminal justice systems and transform the carceral state I think that there should be some transparency into data… Especially in North Carolina with the inability for us to have our own discovery prior to applying for 31 it or prior to our trials I think that it really leaves us in this very ambiguous spot where we don’t know what’s being said about us – Chloe Charlotte A lot of these jobs require a clean driving record and for the last eight nine ten years I've been trying to get my driver's license back I have to pay $500 reinstatement then I have to do this $100 assessment just to get my license back never mind actually drive a car Jobs should hire you so that way you can clean up your record That way you should drive instead of saying no you can't drive Have some kind of work incentive to pay off your fine pay off what you owe the DMV instead of just having to pay them money Have a swing-door system Come in do X man-hours and we'll give you back your license – Johnny D Charlotte There should be agreements between employers and ex-offenders about releasing information With any reentry programs or any halfway houses there should be some kind of agreement about release of information That allows the community to remain safe but at the same time the person not to be punished – Jack Charlotte From communication to privacy from shelter and rest to food and water and more our interviewees want to see their basic human rights respected Accessibility to the internet is just as important as other basic human rights because it's a way for people to provide means for their family or to find means for their family – Lola Detroit You have the right to not give out your information if someone asks even on a form you should have a “Not applicable” button You do not have the right to sell my information without my knowledge Hell if you sell my information give me a cut bitch Throw me some cash We copyright books and media why can’t we copyright our own damn information – Quincy Charlotte Nobody’s water need get turned off We got enough water for everybody – Maria Detroit Either give motherfuckers a living wage or create conditions where we don’t need capital and capitalism – Terrence Detroit W e don’t ask for anything more than a place to keep on living and where we can feel ok to have say a minimum wage to help us buy clothes for our little girl or pay for school so they can be better – Angélica Los Angeles 32 Our Reflections and Future Our next steps in this project include creating a final report that captures our findings in all three cities and sharing them out to a broader audience As always we will lift the everyday experiences of marginalized people in our communities We also want to remain visionary and to contribute to a body of knowledge and practice that will help our communities be safe just and abundant in the digital age Systems can be created for good and can function as communication that sustain human relationships and support our lives As we move forward we will continue to highlight alternatives focused on sustaining healthy communities The ODB Project team believes that issues of data justice are urgent and crucial to our movements We do not underestimate the scope of the challenges before us But three years of working side-by-side with our communities and hearing their stories have also left us with a profound sense of gratitude and hope Our interviewees talked about self-defense and community survival not surrender They shared visions for a future of abundance justice and equity They demand agency and self-determination in their own lives and they believe that change is possible We captured this dynamic in framework suggested by the Stop LAPD Spying Coalition an ODB research team partner “Power not Paranoia ” For us “Power not Paranoia” highlights the resources and resilience of our host communities It acknowledges that people closest to problems have the best solutions for them And it underscores our commitment to reporting the reality of digital scrutiny on the ground while providing opportunities to build power nurture relationships and create capacity for long-term visionary change We hope you will join with us in this vital work For updates and to find ways to connect join us at https www odbproject org 33