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Balkinization Symposiums: A Continuing List                                                                E-mail: Jack Balkin: jackbalkin at yahoo.com Bruce Ackerman bruce.ackerman at yale.edu Ian Ayres ian.ayres at yale.edu Corey Brettschneider corey_brettschneider at brown.edu Mary Dudziak mary.l.dudziak at emory.edu Joey Fishkin joey.fishkin at gmail.com Heather Gerken heather.gerken at yale.edu Abbe Gluck abbe.gluck at yale.edu Mark Graber mgraber at law.umaryland.edu Stephen Griffin sgriffin at tulane.edu Jonathan Hafetz jonathan.hafetz at shu.edu Jeremy Kessler jkessler at law.columbia.edu Andrew Koppelman akoppelman at law.northwestern.edu Marty Lederman msl46 at law.georgetown.edu Sanford Levinson slevinson at law.utexas.edu David Luban david.luban at gmail.com Gerard Magliocca gmaglioc at iupui.edu Jason Mazzone mazzonej at illinois.edu Linda McClain lmcclain at bu.edu John Mikhail mikhail at law.georgetown.edu Frank Pasquale pasquale.frank at gmail.com Nate Persily npersily at gmail.com Michael Stokes Paulsen michaelstokespaulsen at gmail.com Deborah Pearlstein dpearlst at yu.edu Rick Pildes rick.pildes at nyu.edu David Pozen dpozen at law.columbia.edu Richard Primus raprimus at umich.edu K. Sabeel Rahmansabeel.rahman at brooklaw.edu Alice Ristroph alice.ristroph at shu.edu Neil Siegel siegel at law.duke.edu David Super david.super at law.georgetown.edu Brian Tamanaha btamanaha at wulaw.wustl.edu Nelson Tebbe nelson.tebbe at brooklaw.edu Mark Tushnet mtushnet at law.harvard.edu Adam Winkler winkler at ucla.edu Compendium of posts on Hobby Lobby and related cases The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC The Anti-Torture Memos (arranged by topic) Recent Posts Disinformation gets physical: The internet of things as an emerging terrain
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Tuesday, December 22, 2020
Disinformation gets physical: The internet of things as an emerging terrain
Guest Blogger
From the Workshop on “News and Information Disorder in the 2020 US Presidential Election.” Laura
DeNardis I can live,
and live abundantly, as a digital human being who has never been on Facebook or
Instagram. But I can’t live, work, or socialize without the underlying systems
of technical architecture and governance that keep the internet operational and
connect the cyber-physical world
around me. The institutions that operate this infrastructure include cloud
computing providers, internet registrars and registries, transaction and
financial intermediaries, network operators, hosting companies, DNS resolutions
providers, certificate authorities, and internet of things (IOT) system
operators, to name just a few categories. They are not immediately visible to
end users in the same way content and applications are visible. Yet they are
the internet’s most powerful control points. Understanding
both vexing disinformation problems and powerful solutions to these problems
requires a deeper dive beneath social media into underlying infrastructure
points of control and the companies that operate at these various layers. As I
have written about in the past (e.g., here, here, and here), the internet’s core
infrastructure provides choke points — for better or worse — at which content
and transactions can be blocked, altered, or co-opted. The Indian government’s
approach to shutting down the internet or China’s approach to censorship and
control exemplify how internet architecture is a now proxy for geopolitical power, as well as every
manner of content control from DNS-based copyright enforcement to cloud
computing-based filtering of child pornography. During the rise of
COVID-19 disinformation, web
hosting company Squarespace took down the website of the so-called America’s Frontline Doctors organization for violating its terms
of service by making spurious claims such as not needing masks to battle COVID-19. As more
things than people are now connected to the internet, what is less obvious is how the
internet diffusing into the
material world all around us — the so-called internet of things — connects to
disinformation. Far more “things” than people connect to the internet. These objects — whether
Wi-Fi connected medical devices, consumer IOT, industrial cyber-physical
systems, or smart city
infrastructure — exist simultaneously in both the material and
cyberworld. In my new
book, “The Internet in Everything: Freedom and Security in a World
with No Off Switch,” I note that “all of the policy issues in two-dimensional
digital space have leapt into three-dimensional real-world space and have added
new concerns around physical safety and everyday human activity.” The internet of things has not yet
been drawn into policy debates about disinformation, and this should change.
The IOT is an emerging terrain of disinformation, and possibly one that is more
consequential than social media influence campaigns, computational propaganda,
video deepfakes, or
any manipulation involving human content and communications. The
following are three broad categories of disinformation arising via the
co-option of IOT
infrastructure: The IOT as an ex-ante source of disinformation The United
States emerged from a contentious 2020 presidential election rife with
unsupported accusations about fraud and corrupt voting machines. The increasing
politicization and weaponization of election infrastructure raises an important
question that transcends both the computational influence campaigns of 2016 and
the far-fetched accusations of election fraud of 2020: How could an election be
disrupted via internet of things disinformation? As I
suggest in The Internet of Things
Could be an Unseen Threat to Elections, this type
of disruption is technically and politically feasible, and even easy. Rather
than hacking directly into voter rolls or the election apparatus, disrupting an
election would merely require disruptions to energy, transportation, home
alarm, or weather systems that depend on IOT sensors, in order to dissuade or
distract people from voting in areas that are either heavily Democratic or
Republican. False traffic jams or false forecasts of inclement weather can
suppress the vote on election day, for example. As an “artist” in Berlin
demonstrated, creating
a false traffic jam does not even require hacking into traffic systems, but
simply rolling a wagon filled with cell phones down a street to simulate a
traffic jam and turn a Google Maps street red. The global
pandemic has helped remind society that the internet of things is also the
internet of self, and a critical part of socially distanced medical care.
Cyber-connected medical
devices include wireless cardiac appliances, insulin pumps, telemedicine
diagnostic equipment, and other objects adjacent to or embedded directly in the
flesh. Hospitals and medical facilities are notoriously targets of ransomware
attacks that lock up information systems until a Bitcoin payment is made to a
hacker. But so too are consumer medical devices
vulnerable to attack, creating
an entirely new terrain of disinformation that, instead of creating political
and social tension, can create a life or death medical problem. Transductive attacks — deepfakes on steroids What is a
“deepfake” in the IOT?
Because IOT devices coexist both in the real world and the digital world,
hacking is as much about physical world manipulation as a digital attack. This
transforms the scope of cybersecurity from a digital problem to both a digital and
material problem. The IOT fundamentally relies on a process that can be called
“transduction,” the conversion of one form of energy to another. For example, a
sensor detects a signal in the real world (e.g., motion, rotation, sound,
temperature, or pressure) and converts that to a digital signal that is then
authenticated, processed, and even encrypted in a way that legitimizes the
integrity and validity of the data being collected. Then the inverse occurs.
The cyber-physical system converts the digital signal into a physical signal in
which an actuator acts on something,
such as unlocking a door, opening a pipeline valve, or turning off a light. This
transduction brings about many social and economic benefits, such as detecting
and addressing a leak in a pipeline. But it also creates a new point of
vulnerability for surveillance, manipulation, disinformation, and attacks
generally. Some of these are straightforward “born-digital” manipulations, such
as installing intentionally faulty car emissions sensors to generate fake emissions data. But rather
than simply attacking or manipulating cyberspace directly, it is now only
necessary to change something in the physical world, such as a temperature,
which is then “sensed,” digitized,
and used to provide information such as climate change data, only
carrying the imprimatur of highly legitimized and authoritative data because
the system authenticates and verifies the digital data without knowing that the
real-world signal was manipulated. The deepfake risk is no longer about hacking
or digital manipulation but about manipulating the real-world data that then
feeds into a digital system. Cybersecurity — and the detection of deepfakes —
is therefore as much about mechanical engineering and fluid dynamics as
information engineering. The IOT as an amplifier of human disinformation The IOT
also makes disinformation and disruption originating in the screen-mediated
human internet far more potent. The intimate data collected about people via connected
appliances, cars, or medical devices is easily weaponized, such as making
phishing attacks or a manipulative email more credible. As just one example,
receiving an email with accurate information gleaned from a connected object
makes the manipulation more believable and makes the recipient more likely to
click on the malicious link or share fake information. The suppression of true
information is also part of disinformation. DDoS attacks carried out by hijacked
cyber-physical objects mute content by flooding the site with false requests.
The security and integrity
of information on a legitimate content site — whether a media or political
campaign site — is only as secure as the security of the IOT. Indeed, one of
the largest DDoS attacks in history — the Mirai Botnet — attacked major social
media and content sites using hijacked IOT devices. The IOT is not only a
threat matrix, but also an emerging threat plane from which to disrupt
legitimate information and amplify disinformation. The political case for securing the IOT Importantly, note that stronger IOT
security could thwart all three of these cyber-physical disinformation
entanglements. Despite the extraordinary societal dependency on internet-connected physical
infrastructure, and despite the consequences of these infrastructures for
privacy, human safety, and national security, the IOT is still notoriously
insecure. Addressing the democracy and human safety implications of
disinformation now requires taking into account the internet’s diffusion into
the biological and material world and the security of the internet in
everything. The internet is in objects that are both cyber and physical, making
cybersecurity a great human
rights issue of our time. As the internet moves from 2D into 3D, we have
to expect that so too will disinformation — and disinformation policy — move
from 2D to 3D. Laura DeNardis is a professor at American University, a Yale ISP Affiliated Fellow, and the author of “The Internet in Everything: Freedom and Security in a World with No Off Switch” and other books. She served as the Executive Director of the Yale Information Society Project from 2008 to 2011.
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Forbath, The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy (Harvard University Press, 2022) Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021). Mark Philip Bradley and Mary L. Dudziak, eds., Making the Forever War: Marilyn B. Young on the Culture and Politics of American Militarism Culture and Politics in the Cold War and Beyond (University of Massachusetts Press, 2021). Jack M. Balkin, What Obergefell v. Hodges Should Have Said: The Nation's Top Legal Experts Rewrite America's Same-Sex Marriage Decision (Yale University Press, 2020) Frank Pasquale, New Laws of Robotics: Defending Human Expertise in the Age of AI (Belknap Press, 2020) Jack M. Balkin, The Cycles of Constitutional Time (Oxford University Press, 2020) Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020). Andrew Koppelman, Gay Rights vs. Religious Liberty?: The Unnecessary Conflict (Oxford University Press, 2020) Ezekiel J Emanuel and Abbe R. Gluck, The Trillion Dollar Revolution: How the Affordable Care Act Transformed Politics, Law, and Health Care in America (PublicAffairs, 2020) Linda C. McClain, Who's the Bigot?: Learning from Conflicts over Marriage and Civil Rights Law (Oxford University Press, 2020) Sanford Levinson and Jack M. Balkin, Democracy and Dysfunction (University of Chicago Press, 2019) Sanford Levinson, Written in Stone: Public Monuments in Changing Societies (Duke University Press 2018) Mark A. Graber, Sanford Levinson, and Mark Tushnet, eds., Constitutional Democracy in Crisis? (Oxford University Press 2018) Gerard Magliocca, The Heart of the Constitution: How the Bill of Rights became the Bill of Rights (Oxford University Press, 2018) Cynthia Levinson and Sanford Levinson, Fault Lines in the Constitution: The Framers, Their Fights, and the Flaws that Affect Us Today (Peachtree Publishers, 2017) Brian Z. Tamanaha, A Realistic Theory of Law (Cambridge University Press 2017) Sanford Levinson, Nullification and Secession in Modern Constitutional Thought (University Press of Kansas 2016) Sanford Levinson, An Argument Open to All: Reading The Federalist in the 21st Century (Yale University Press 2015) Stephen M. Griffin, Broken Trust: Dysfunctional Government and Constitutional Reform (University Press of Kansas, 2015) Frank Pasquale, The Black Box Society: The Secret Algorithms That Control Money and Information (Harvard University Press, 2015) Bruce Ackerman, We the People, Volume 3: The Civil Rights Revolution (Harvard University Press, 2014) Balkinization Symposium on We the People, Volume 3: The Civil Rights Revolution Joseph Fishkin, Bottlenecks: A New Theory of Equal Opportunity (Oxford University Press, 2014) Mark A. Graber, A New Introduction to American Constitutionalism (Oxford University Press, 2013) John Mikhail, Elements of Moral Cognition: Rawls' Linguistic Analogy and the Cognitive Science of Moral and Legal Judgment (Cambridge University Press, 2013) Gerard N. Magliocca, American Founding Son: John Bingham and the Invention of the Fourteenth Amendment (New York University Press, 2013) Stephen M. Griffin, Long Wars and the Constitution (Harvard University Press, 2013) Andrew Koppelman, The Tough Luck Constitution and the Assault on Health Care Reform (Oxford University Press, 2013) James E. Fleming and Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues (Harvard University Press, 2013) Balkinization Symposium on Ordered Liberty: Rights, Responsibilities, and Virtues Andrew Koppelman, Defending American Religious Neutrality (Harvard University Press, 2013) Brian Z. Tamanaha, Failing Law Schools (University of Chicago Press, 2012) Sanford Levinson, Framed: America's 51 Constitutions and the Crisis of Governance (Oxford University Press, 2012) Linda C. McClain and Joanna L. Grossman, Gender Equality: Dimensions of Women's Equal Citizenship (Cambridge University Press, 2012) Mary Dudziak, War Time: An Idea, Its History, Its Consequences (Oxford University Press, 2012) Jack M. Balkin, Living Originalism (Harvard University Press, 2011) Jason Mazzone, Copyfraud and Other Abuses of Intellectual Property Law (Stanford University Press, 2011) Richard W. Garnett and Andrew Koppelman, First Amendment Stories, (Foundation Press 2011) Jack M. Balkin, Constitutional Redemption: Political Faith in an Unjust World (Harvard University Press, 2011) Gerard Magliocca, The Tragedy of William Jennings Bryan: Constitutional Law and the Politics of Backlash (Yale University Press, 2011) Bernard Harcourt, The Illusion of Free Markets: Punishment and the Myth of Natural Order (Harvard University Press, 2010) Bruce Ackerman, The Decline and Fall of the American Republic (Harvard University Press, 2010) Balkinization Symposium on The Decline and Fall of the American Republic Ian Ayres. Carrots and Sticks: Unlock the Power of Incentives to Get Things Done (Bantam Books, 2010) Mark Tushnet, Why the Constitution Matters (Yale University Press 2010) Ian Ayres and Barry Nalebuff: Lifecycle Investing: A New, Safe, and Audacious Way to Improve the Performance of Your Retirement Portfolio (Basic Books, 2010) Jack M. Balkin, The Laws of Change: I Ching and the Philosophy of Life (2d Edition, Sybil Creek Press 2009) Brian Z. Tamanaha, Beyond the Formalist-Realist Divide: The Role of Politics in Judging (Princeton University Press 2009) Andrew Koppelman and Tobias Barrington Wolff, A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association (Yale University Press 2009) Jack M. Balkin and Reva B. Siegel, The Constitution in 2020 (Oxford University Press 2009) Heather K. 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Press 2006) Andrew Koppelman, Same Sex, Different States: When Same-Sex Marriages Cross State Lines (Yale University Press 2006) Brian Tamanaha, Law as a Means to an End (Cambridge University Press 2006) Sanford Levinson, Our Undemocratic Constitution (Oxford University Press 2006) Mark Graber, Dred Scott and the Problem of Constitutional Evil (Cambridge University Press 2006) Jack M. Balkin, ed., What Roe v. Wade Should Have Said (N.Y.U. Press 2005) Sanford Levinson, ed., Torture: A Collection (Oxford University Press 2004) Balkin.com homepage Bibliography Conlaw.net Cultural Software Writings Opeds The Information Society Project BrownvBoard.com Useful Links Syllabi and Exams |