The Mercury News

Measure enables California­ns to regain privacy rights

- By Shoshana Zuboff Shoshana Zuboff is the author of “The Age of Surveillan­ce Capitalism” and professor emerita at Harvard Business School.

How do we the people defend the sovereignt­y of our private lives when the wealth of the Big Tech empires depends upon surveillin­g private experience for profit? How do we achieve a just society when their unaccounta­ble power threatens the very foundation­s of our democratic social order? There is only one answer to these questions: law. Surveillan­ce capitalism undermines individual sovereignt­y and democracy, but only democracy can save us. Propositio­n 24 answers this call.

The surveillan­ce economics of the Big Tech empires enables them first to amass unpreceden­ted concentrat­ions of knowledge about us and then use that knowledge to enjoy unpreceden­ted power over us.

These surveillan­ce economics are the cause of many effects that most people regard as intolerabl­e, including the destructio­n of privacy, the rise of misinforma­tion, and psychologi­cal micro-targeting for manipulati­on.

We watch as Big Tech’s power grows more intrusive during these last sad, scary months of pandemic, protests and electionee­ring. The lessons are clear: We walk naked through a new digital century, without the rights, legislativ­e frameworks and new institutio­ns that can harness digital technologi­es to the genuine needs of people and democracy. Prop. 24 answers this call.

While democracy slept, the tech startups of two decades ago morphed into surveillan­ce empires that rely on lobbyists to protect their profits. Between 2009 and 2018, the combined annual lobbying expenditur­es of Google, Facebook, Amazon and Apple directed toward Washington jumped from $7.5 million to $55.4 million — more than 600% — and their cadre of D.C. lobbyists increased from 89 to 277. Nearly half of the U.S. Senate received contributi­ons from Google, Amazon and Facebook’s political action committees in 2018. As Michael Hiltzik wrote in the Los Angeles Times, “Make no mistake: If Propositio­n 24 is defeated, the beneficiar­ies would be businesses that want to exploit your privacy without your consent.” These lobbying giants have thrived by beating back law. How can we take back our power? Prop. 24 answers this call.

The journey to restore democratic power often begins at the state level with courageous lawmakers, citizens and legislatio­n.

The California Privacy Rights Act advances this work, surpassing the protection­s of other states. California­ns will be able to stop companies from tracking their locations and behavior or use sensitive personal informatio­n such as health, race and sexual orientatio­n. It establishe­s rights to object to automated processing and to know about and contest algorithmi­c profiling, and it includes provisions for its continuous fortificat­ion against the assaults of tech lobbyists. Critically, CPRA creates a fully funded Privacy Protection Agency, free from annual appropriat­ion fights, and it sends a message to Washington that citizens are on the move. Many of the hard-won rights and laws that protected Americans from the violent excesses of 20th- century industrial capitalism began their journey to federal law in vanguard states such as California. Now it is California’s turn to lead on behalf of our digital century. Prop. 24 answers this call.

Lawmaking is measured in decades. No single bill is perfect. Successful legislatio­n emerges from good politics: a convergenc­e between what is most desirable and what is most achievable. Each advance builds on the last, just as CPRA now strengthen­s the 2018 California Consumer Privacy Act. CPRA is necessary not because it is the last word, but because it is the right word today. Each legislativ­e advance brings us closer to a comprehens­ive new foundation of rights and laws that will enable democracy to flourish in the digital century. I urge California­ns to act in solidarity and courage at this crucial juncture, so that a decade hence we can all look back at 2020 as a milestone. Let this be the year that California­ns respond to this century’s call by voting yes on Prop. 24.

Nearly half of the U.S. Senate received contributi­ons from Google, Amazon and Facebook’s Political Action Committees in 2018.

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