Episode Transcript
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0:06
Where do our laws come from? Society
0:08
runs because of a combination of social
0:10
norms that people follow without thinking about
0:12
them and explicit rules set by the
0:14
state. These laws come about ostensibly to
0:16
preserve harmony in the world and they
0:18
are based on what the world is.
0:20
But as the world changes, as technology
0:22
evolves, as societies are turned inside out,
0:25
some laws prove to be unnecessary, some
0:27
can be counterproductive, some are inadequate. And
0:30
when the world changes at the kind of warp
0:32
speed it is changing at now, it is difficult
0:34
for laws to keep up. Over the past
0:36
couple of decades, technology has transformed the
0:38
way we live our lives. A few
0:41
centuries ago, for example, privacy was not
0:43
considered a big deal. Then, as potentially
0:45
invasive technologies like the printing press and
0:47
portable cameras became widespread, it became something
0:49
we need to think about. And today,
0:51
with so much data generated by us
0:53
and around us, technology knows us better
0:56
than we can possibly know ourselves. Everything
0:58
seems out there and upper grabs. And
1:00
for the sake of human freedom and
1:02
flourishing, it's become important to make sure
1:04
that this doesn't get out of hand. How
1:07
do we protect our privacy? How do we
1:09
regulate technology which is already being used to
1:12
hack our brains? How do we do this
1:14
without giving too much power to an already
1:16
oppressive state? This shit matters. And
1:18
for our own sake, we need to engage. Welcome
1:24
to The Scene and the Unseen,
1:27
our weekly podcast on economics, politics
1:29
and behavioral science. Please welcome your
1:31
host, Amit Barma. Welcome
1:38
to The Scene and the Unseen. My guest
1:40
today is Rahul Mathan, a founder of the
1:42
celebrated legal firm, Traleagle, and an important player
1:44
in the shaping of public policy for the
1:46
last decade and a half. Rahul's deep interest
1:49
in tech and the fact that he became
1:51
one of the leading technology lawyers in this
1:53
country meant that he saw parts of the
1:55
future before some of us did. For example,
1:57
he realized long before it was in the
1:59
public discourse. that protecting our privacy would
2:01
be one of the great challenges of the tech
2:03
age. When Adhar and
2:05
India's digital public infrastructure were in the infancy,
2:08
Rahul got in at the ground floor to
2:10
work on a privacy law with the government.
2:12
Spending almost a decade and a half helping
2:14
the state with policy, he dived deeper into
2:17
the history of data regulation and the challenges
2:19
and the political economy of it. He also
2:21
wrote two superb books about it. Privacy 3.0
2:24
is a brilliant book that contains a history
2:26
of privacy, sheds light on the meta issue
2:28
around it, describes the evolution of the right
2:30
to privacy and helps us understand how it
2:33
evolved in India and the battle ahead
2:35
is packed with insight and some great stories.
2:38
His next book, The Third Way, is a
2:40
supremely important book. It lays out first the
2:42
US approach to data regulation which was laser
2:44
fair and led to big tech companies that
2:46
sometimes seem to have too much power. It
2:49
lays out the European approach which is
2:51
so intrusive that it perverts the incentives
2:54
of the private sector and he argues
2:56
that India is uniquely placed to show
2:58
the world a third way in which
3:00
these values are written into the protocol
3:02
itself which makes a lot of regulation
3:04
unnecessary. As an example, he offers us
3:06
Adhar and India's digital infrastructure. Now, I
3:08
opposed Adhar for years because it was
3:10
basically mandatory, it was being coerced upon
3:12
us and that principled objection remains. But
3:14
apart from the coercion angle, the design
3:17
of Adhar and in fact much of
3:19
our DPI is actually pretty damn
3:21
good. It protects privacy, it makes surveillance
3:23
hard and some of the misconceptions I
3:25
had about this were cleared by Rahul's
3:28
book and by these conversations. I
3:30
do have some objections, you will hear me voice them in
3:32
the next few hours but I look at
3:34
DPI differently now and I am also so
3:37
glad that people like Rahul are part of the process. He
3:39
is a big picture thinker who is also great
3:42
at the small details and both his books contain
3:44
so much insight and so much to think about
3:46
as does this conversation. But before we get to
3:48
it, let's take a quick commercial break. love,
4:00
a YouTube show I am co-hosting with
4:02
my good friend the brilliant Ajay Shah.
4:04
We've called it Everything is Everything. Every
4:06
week we'll speak for about an hour
4:08
on things we care about, from the
4:10
profound to the profane, from the exalted
4:12
to the everyday. We range widely across
4:14
subjects and we bring multiple frames with
4:17
which we try to understand the world.
4:19
Please join us on our
4:21
journey and please support us
4:23
by subscribing to our YouTube
4:25
channel at youtube.com/Amit Varma, A-M-I-T-V-A-R-M-A.
4:27
The show is called Everything
4:30
is Everything. Please do check it out. Rahul,
4:38
welcome to the Sain and Deon Sain. Amit,
4:40
it's a pleasure to be here after listening
4:42
to many episodes over many years. Yeah,
4:44
you were just telling me about how you heard my
4:46
episode with KP Krishna, which was over
4:49
eight hours and you were joking
4:51
when I called you for the show that you
4:53
come with adult diapers. But let me just tell
4:55
you my episode with KP was recorded over four
4:57
sessions across three days and
5:01
the second and the third day were like a week
5:03
apart and in different cities. So, no,
5:06
I was thoroughly enjoyable. KP is,
5:10
I like to say he's sort of my mentor
5:12
in some of the public policy
5:14
work that I've done because he was extraordinarily kind
5:17
to me when I was just starting out doing this
5:19
kind of stuff. I
5:22
was just very interesting to hear some
5:25
of that Stephen's life of
5:27
his and just
5:30
some mentions of the things that he's done before
5:33
I knew him. So,
5:35
it was very enjoyable. Did
5:38
you learn something about him you didn't know already?
5:40
Oh, lots, lots. I don't know that
5:42
much about him in the sense that we've
5:45
sort of engaged professionally.
5:48
I didn't know anything about the Stephen's side of
5:50
his life. So that was interesting
5:54
and just generally, you know,
5:56
it just pulled apart some
5:58
of those things that I instinct. I think
6:00
that the
6:02
work of bureaucrats is extraordinarily
6:05
difficult. Many
6:08
things that you have to do are not optimal
6:10
and so just hearing it from
6:13
him of course I knew all of these things but
6:15
just hearing it with examples and stuff like that was
6:17
really interesting. So, tell me something
6:19
I mean I have a tangential question here I
6:21
have noticed that there are times I have sat
6:24
down to record an episode with someone I know
6:26
extremely well and that I
6:28
have known for 15 years or 16-17 years or
6:31
you know I have known them for a long
6:33
long time and yet I realized during the episode
6:35
that I just learned so much more about them
6:37
it is just they completely flesh
6:39
out and become more HD as it were
6:41
the resolution just goes up and
6:44
then I realized that in the course
6:47
of our normal friendship sometimes there is
6:49
a danger that you fall into these grooves where
6:51
you do not really know the other person
6:53
well they might be a friend you establish a
6:55
certain comfort zone and within the
6:57
particular relationship you have everything is smooth
7:00
but you know you
7:02
do not go much deeper than that and sometimes
7:05
I ask myself the question that how
7:07
you know if one is to be intentional
7:09
about all our relationships as I think more
7:11
and more one should try to be rather
7:13
than just you know kind of get things
7:16
happen in the background then does
7:18
that intentionality also include kind
7:20
of making this kind of an
7:22
effort because to some extent I fault myself that
7:24
you know these guys are I never
7:26
asked them these questions before it is never come
7:28
up in conversation I have never asked any friend
7:30
outside of without these two mics in
7:33
front that you know tell me about your childhood
7:35
your you know in your life how have friendships
7:38
evolved and how has your approach towards friendship
7:40
evolved. I guess it is also stage of life
7:42
kind of a thing I think when you
7:44
are much younger you have
7:46
a lot of friends you
7:49
know them all superficially in the
7:51
context of your saying you probably know them well
7:53
but perhaps not with the level of depth that
7:57
the older you get you tend to want to
7:59
know I I guess the older you get the
8:03
less time you have and
8:06
so you want to optimize the
8:08
time that you have with people that are really worth it and
8:10
it is at that stage where you
8:12
start to sort of get deeper into some of these
8:14
things and try and figure out you
8:16
know I am spending time with this
8:19
person what exactly is this person
8:21
you know is this a
8:23
person I can have a conversation with without
8:25
being guarded at all. In order to
8:27
do all of those things I guess you got to know the person a lot
8:30
better. So
8:33
I think when I was younger I had lots of friends
8:35
you know I still have a lot of
8:37
friends but as you are seeing the ones
8:40
you know I do not normally have a mic
8:42
between me and my friends
8:44
ever so I do not have that
8:46
opportunity but I take your point that
8:48
there are some people who you know much much
8:50
better. I am you
8:52
know I was part of an organization called the
8:55
Entrepreneurs Organization and we
8:57
had fairly unusual construct
8:59
called the forum which
9:02
is you know a group of members
9:05
of the larger largest organization they were chapters
9:07
in various cities I was in the
9:09
Bangalore chapter and you have
9:11
this construct called a forum where you have
9:14
no more than 10 people who commit to meet
9:17
once a month and
9:19
they discuss you know work
9:22
personal family and they
9:25
do it in a structured way which
9:28
encourages this sort of depth
9:31
of understanding. I
9:33
have been in my I have left you what I
9:35
have been in my forum for over 20 years so
9:37
for 20 years this
9:40
group of us is met once
9:42
a month and so these
9:45
are people who I know better sometimes
9:47
then their current partners know them
9:49
because you know we
9:51
have been friends we have been forum before
9:54
we were married after
9:57
some of them have been divorced one of them
10:00
is dead, so we have been through
10:02
all of those cycles, you know they have not had children
10:04
or the children are going to college, we
10:06
have seen that whole journey. But
10:10
I think the transparency that that process
10:13
allows is quite
10:15
remarkable, so you know we these
10:17
are the eight people who can
10:20
tell me to my face that I am
10:22
being silly about something or my
10:25
model compass says something and I am working
10:27
in the opposite direction to that and that
10:29
is super valuable. So, yeah
10:31
long story short I think whether it
10:33
is a mic between us or whether
10:35
we have got some
10:37
kind of a structured way
10:40
of interacting and please this is
10:43
the once a month that we do the structured
10:45
interaction, but you know we are really good friends
10:49
otherwise. I guess that is
10:51
the closest to describing what you are
10:53
saying, it is very very people
10:56
describe the forum as your personal board of
10:58
directors and if
11:00
you can think about it that way it is who
11:03
do I go to if I have got some
11:05
problem at business or
11:07
family or just my
11:10
personal life who is not going to judge
11:12
me, who has complete context of
11:15
everything that matters to sort of
11:17
give me direction, it is these guys. So,
11:20
it is a yeah it is interesting. One of
11:22
the previous guest on my show Sudhir Sanobhat came
11:24
on episode 350 is also been part
11:27
of a group like this for I think about 10 years now I do
11:29
not know if it is the same organization or it is called the same
11:31
thing, but it is exactly the same
11:33
structure you describe 10 people meeting once a
11:35
month and I think he
11:37
use a phrase personal board of directors either
11:39
in the episode or otherwise and
11:42
I am just wondering if there
11:44
is something to that structure
11:46
which engenders that sort
11:48
of intimacy or that
11:51
sort of trust you
11:53
know you may not have been friends with these people in
11:55
the normal course of things or even wanted to, but
11:57
because of the structure where you shared so much you. big,
12:00
interesting one another and I
12:03
have been thinking about form a
12:05
lot, like even both your books are
12:07
a lot also about structure, you know,
12:10
like in your book on privacy there
12:12
is a fascinating section on how just
12:14
the structure of how you live, you
12:17
know, changes the person you are and the way you live
12:19
and you know, you have that sort
12:21
of fascinating understanding of how walls as
12:24
a technology really made privacy a thing
12:26
and split ourselves into two cells, the
12:28
private self and the public self and we
12:30
will speak more about that as
12:33
we go along. But I am just
12:35
wondering that even in this case how
12:37
you structure your friendships and the way
12:39
those interactions take place possibly
12:41
then has an impact in the quality of them
12:43
and I wonder if there is something to think
12:45
about for all of us in how
12:47
do we structure these that even
12:50
in the existing friendships we have are there
12:52
different ways to sort of think
12:54
about it. You look at the intentionality
12:56
of things always adds a different dimension
12:59
and of course, friendships or
13:01
our interactions are meant to be spontaneous
13:04
and dynamic. So, sometimes
13:06
intentionality comes in the way, but
13:08
if you want to get these
13:11
outcomes you have to be
13:13
intentional to some extent. I
13:17
know you also spend
13:19
a lot of time with things like personal
13:21
knowledge management etcetera. Now, there is intentionality
13:24
in that you need a
13:26
structure, you need form in
13:28
order to be able to extract additional
13:30
value. We can all read books
13:32
and when you read books you are absorbing stuff,
13:34
but if you want to really
13:37
take that to the next level you have got to create
13:39
some structure around how early that is the way I see
13:41
it. And
13:44
I mean I have read books all my life
13:46
it is only when I got intentional about that
13:48
whole process was it
13:50
that I could start extracting that sort
13:53
of additional level of value out
13:55
of it. So, I mean
13:57
I think relationships are extraordinarily important the old. the
13:59
more you get in life the more you realize
14:01
that you know everything else
14:03
you can sort out but relationships and
14:06
you know people that can
14:08
it is not people that you can turn to for
14:10
help because that is just sort of emergency kind of
14:12
it is people who you can rely
14:14
on to give you a steer. So
14:17
very often when I write a piece I
14:19
am not comfortable with something you know
14:21
I am worried that I have
14:23
written this piece in a way that someone will
14:25
there it will offend someone or get someone upset
14:28
and you know sometimes I am I do not really care but
14:30
I run it by someone and I say look
14:32
what do you think about this and then this
14:34
person will say look maybe you gone maybe you
14:36
can say it differently maybe you can sort of back off
14:38
a bit on this sentence I
14:40
will not show it to too many people but
14:43
those who I do and who I
14:45
trust will give me sort of good advice
14:47
that those are invaluable because they understand where I
14:49
am coming from but at the same
14:51
time can sort of give me a steer I think
14:53
it is also really important
14:56
to be actively listening to these people of
14:58
course if you go to them you
15:00
know you cannot just go to them and they have said something and
15:02
you ignore it that is really not the point at all you
15:05
cannot also just listen to whatever they say because then
15:07
they might as well write it. So
15:10
how do we you know get
15:12
the most out of it it is an art and you
15:15
know I talk
15:17
to a lot of younger people
15:19
and I more and more
15:21
I am convinced I can keep telling them all of these
15:23
things but you cannot take
15:26
a helicopter to Mount Everest you basically have
15:28
to climb all the way up and so
15:30
there is no shortcut to getting
15:32
this kind of experience. So you know
15:34
I think as
15:36
much as if younger people listen to this
15:38
they try and imbibe this there is no way they can
15:41
do it unless they have lived their life to a certain
15:43
level and do it their own way I
15:45
guess. I mean first time I am
15:47
thinking about it you cannot take a helicopter to Everest I
15:49
mean is there an alternative to helicopter? No of course you
15:51
could you can take a helicopter there is no problem at
15:53
all it is just that that is not climbing Mount Everest.
15:55
Of course it is you are on the peak yes you
15:57
can put a flag down there but you have not I
16:00
am not Everest and so can you are
16:02
you a mountain you know you are
16:05
not. If the idea of going to
16:07
Mount Everest was to take a photograph with a flag then
16:09
yeah of course you achieved it. But yeah
16:12
I was just wondering I mean I am very
16:14
tempted to just do all tab on my laptop
16:16
and look for pictures of Everest and helicopter and
16:18
see if there is something there. So
16:20
a follow-up question you know before we get to your
16:22
childhood and you know you know the standard sort of
16:24
things I like to talk about but before we get
16:26
there sort of a follow-up question
16:28
going down the same route that you
16:30
spoke of intentionality that you also spoke
16:32
of personal knowledge management. I know
16:34
that you are a person who is deeply into
16:37
tech and I want to talk about that as
16:39
well. Give me a
16:41
sense of the things that you are intentional
16:43
about now and how do you
16:45
organize those things whether it is reading or
16:47
knowledge or whether it is your habits and
16:50
what is your tech stack right now with which
16:52
you kind of organize your life and not every
16:54
piece of technology you have obviously has to be
16:56
for an instrumental purpose some stuff you just have
16:59
for pleasure but you know kind of
17:01
describe that for me. Yeah so I mean I am
17:04
I don't have a standard tech stack I think that
17:06
is I used to think that
17:08
I would have a standard tech stack and then I realized that tech
17:10
keeps evolving and so there are new things. So
17:12
I have come to terms with the
17:15
fact that there are certain things I want to do and I
17:18
will do it with the tools that
17:20
I have learned and then if a new tool comes
17:22
up tomorrow I will try
17:24
the tool see if it works for me if
17:26
it doesn't work for me you know I will go through. So
17:29
you know just to answer the question on intentionality
17:31
you know I guess I
17:34
am very focused around increasing
17:37
my understanding and knowledge of
17:39
the world in
17:41
my area you know it is just it is too vast
17:44
so it is impossible to know everything
17:46
so clearly reading is
17:48
a very important part of it being a lawyer
17:51
that was always the case I keep
17:54
telling everyone who starting out at
17:56
law look you just have to keep reading it
17:58
is there is no shortcut that like the
18:01
article C70 judgment came out yesterday
18:03
I had to read it 450 pages it is not
18:06
in my area but you just have to read it so
18:08
it is there you know I have
18:10
read the summaries and I have to read the
18:12
whole thing and of course you know when the
18:14
other judgment came out I had to read that
18:16
and I read that four or five times because
18:18
that is you know an important judgment and it is in
18:20
my area of work. But
18:23
more importantly in sort of tangential areas I
18:25
mean history
18:27
for example I think history our past
18:30
informs our future so histories are extraordinarily
18:32
important to understand the world we are
18:34
in and will give us
18:36
some direction of the world we are going to and
18:39
I have never been a history student and
18:42
you know particularly histories of modern India have
18:44
been fascinating for me the post 1947 India.
18:48
I am still just scratching the
18:50
surface I realized that I have very
18:52
very imperfect knowledge I also realized that
18:55
histories are written by many
18:57
different people and so in order to really
19:00
form a view you have got to read
19:03
different versions of the same thing often told by
19:05
people who disagree with each other who have different
19:08
ideologies from each other and it
19:10
is in the intersection that you will find it. So
19:13
if this is sort of part of the stack
19:15
then you know part of the part of what
19:18
I want to do then the tech stack and
19:20
just the habits are designed
19:23
to optimize that and
19:26
so you know
19:28
tools like Rome which you use I was
19:30
a very early adopter of Rome
19:34
and just the idea of being able to
19:36
write notes that you could link to each
19:38
other and then surface
19:40
connections was extraordinarily interesting
19:43
to me. But since then you know
19:45
I have moved to Tana I have tried all
19:47
the others I have tried log seek I have
19:49
tried obsidian I have tried I have tried everything
19:52
and a lot of time in Tana very
19:54
recently for
19:57
a while loved the structure and then the structure
19:59
was too difficult. for me. So, I
20:01
am back to Rome and I am all
20:03
into a very unstructured Rome. So, you
20:06
know I sort of double square bracket
20:09
all sorts of things and now
20:12
I am because I have
20:14
got a fairly large database
20:17
my Rome graph is you know quite big
20:19
I have not looked at the graph for
20:21
a while, but it must be quite big.
20:25
If I click on you
20:27
know on anything any sort
20:29
of link there
20:32
are really bizarre connections that come up. Why
20:35
is this useful because obviously it cannot just
20:37
be this, but I because I have been
20:39
writing this weekly column since 2016 I
20:42
have to generate 950 words of thoughtful
20:45
content every week
20:48
and sometimes these serendipitous connections that just
20:50
pop up spark some idea and it
20:53
is not it is not something new
20:55
it is just more a different
20:57
way of looking at things which
21:00
now is starting to pay dividends. I think with a lot
21:02
of these things you have got to put
21:04
in the time put in the effort it
21:06
is not immediately evident and then
21:08
compounding kicks in and once compounding kicks in
21:11
then you basically do not have to do anything. So,
21:14
that is the so that is the I mean
21:16
we can get into all sorts of
21:18
other elements of tech stack I have a
21:21
part of the stack to optimize
21:24
my to-do's and you know getting things done
21:26
and what is useful. So,
21:28
I am a I am a getting things done
21:30
freak. So, ever since
21:33
I read David Allen's book I have now that
21:35
is the most gifted book I have given it
21:37
to you know everyone who comes
21:39
up for partnership in the firm and comes to me
21:42
their biggest problem is time management. So, I just given
21:44
the book I was like read the first half of
21:46
the book the second half is why
21:48
if you really want to know about on it for the first half
21:50
it will change your life many
21:53
people it has not change their lives but the few
21:55
who have you know really get it. So,
21:57
for that yeah
21:59
I. I use things on the
22:01
Mac, it is a very simple to do manager
22:03
but can get very deep. I have tried once
22:06
again everything in the stack, I have tried OmniFocus,
22:08
I have tried to do it, I have tried
22:10
the whole thing. So this is you will figure
22:12
out this is the way I do it, I
22:15
try almost everything that is recommended and
22:17
then I settle for that which works
22:19
for me and things works for
22:21
me that is the one that I have been with for
22:23
the longest time. And it
22:26
is actually and I have tried using
22:28
Roam for 2-dos, it does not
22:30
work for me, Roam is just for notes, I cannot
22:32
and it is designed for all sorts of things but
22:35
I think I am increasingly becoming a person
22:37
who uses an app for one
22:40
thing, I do not like to have
22:43
a super app that has everything, I like to,
22:45
so I have a physical kindle,
22:48
I do not read the kindle on my phone because
22:50
my phone is for my phone and if
22:53
I want to read a book, I want to do it without distraction so I
22:55
pick up a physical kindle and I move to
22:58
another device and I read it on that and
23:00
of course I read physical books as well but
23:03
I try to use the phone I guess
23:06
just for things
23:08
that you need the phone for,
23:10
phone calls, WhatsApp, deliveries, I guess
23:13
those sorts of things and everything else I
23:15
try and do else, so I
23:17
can, the other thing I do not know how
23:19
it is for you but I am increasingly
23:21
becoming laptop
23:25
focused as opposed to trying to do things
23:28
that are better than on the laptop on a
23:30
mobile phone and mobile phone is
23:32
for what that is. So there
23:36
was a time when people said look Roam misses the fact
23:38
that it does not have a mobile device and I am
23:40
actually, I like the fact that it does not have a
23:42
mobile device because the kind of intentional
23:45
note taking I want to take, I want to take
23:47
you know in a on a desktop
23:49
or on a laptop or something like that not
23:51
on this, not on a phone when I
23:53
am waiting for a flight or
23:55
something, it would not be like a serious note,
23:59
so that of the way
24:01
I started thinking about this. I
24:03
think I spent way
24:05
too much time trying to improve my
24:07
tech stack because eventually I
24:10
just get back to the things
24:12
that worked for a while. So,
24:14
Tana was a really interesting diversion,
24:16
very interesting software. I just
24:18
could not find the
24:21
utility for what I wanted. Yeah, that
24:23
is interesting how the design of these apps
24:25
can shape the way you think even if
24:27
you are using them as aids to that.
24:30
For me using Roam was
24:32
a game changer. It is the first app of
24:34
the sort I tried. I looked at Roam Obsidian
24:36
Notion but I really like Roam and
24:38
it just in the way
24:40
that it allowed me to structure everything and
24:42
I have a video on productivity with Ajay
24:45
Shah for the YouTube show we do so
24:47
where I actually screenshot and I show
24:49
how it works. So, I linked that from the show notes for the
24:51
listeners. Interesting how like one
24:53
earlier when I would take notes on Microsoft Word
24:56
it was just a massive linear mess you have
24:58
60 pages of notes and the guest you are
25:00
with will mention something and then you are frantically
25:02
scrolling up and down doing control F and you
25:05
know Roam just makes it easier with the
25:07
nested entries and all that. But also the
25:09
sort of the distinction between say Roam and
25:12
something like Notion is that
25:14
Notion is great for productivity, Roam
25:16
is just great for a kind
25:19
of free association notetaking like in
25:22
you know writers will often talk about
25:24
architects and gardeners you
25:26
know where architects will just plan everything, construct
25:28
everything beautifully and gardeners are just pottering around
25:30
and things happen and things emerge out of
25:33
there and I think Roam is more for
25:35
gardeners and Notion is more for
25:37
architects and I am probably mixing up concepts
25:39
from two completely different fields. I
25:43
think it is gardeners and yeah I guess it
25:46
is probably the same I think I am somewhere
25:48
between the two I like structure.
25:52
But once again you know too much structure
25:54
and you would not proceed I mean you
25:57
are so focused on the structure that you
25:59
are you are trying to map
26:02
out every single rivet and at that point
26:04
in time it is pointless. So,
26:08
it is important I think to build
26:11
the broad outline and then get
26:14
into the more free association kind of stuff because that
26:16
is where the magic happens. I mean it is no
26:18
point sticking, you need to stick to
26:20
structures as that you know you know how long you are
26:22
going to go, where this is leading to,
26:25
but beyond that you know to
26:28
craft every paragraph or to you
26:31
know micromanage that then it at
26:33
least it does not work for me. I think it
26:35
works for some sort of I think there is this there
26:37
was this lovely book
26:40
about the process behind
26:43
writing Alleluia, Leonard
26:46
Cohen song. I think
26:48
there is a podcast as well I think it
26:51
was I cannot
26:54
remember which episode but and
26:58
it was just like you know you compare
27:00
Leonard Cohen with Bob
27:02
Dylan and Bob Dylan will churn
27:05
something out like overnight and
27:08
Leonard Cohen was just agonized over it and he will
27:10
just go on and on and apparently that is what
27:12
happened with Alleluia and actually
27:14
the story is that is just one
27:17
part of the story the whole story is how eventually you
27:19
know long convoluted way it lands up in the
27:21
hands of Jeff Buckley who then sings
27:24
this completely iconic version of Alleluia
27:27
and how that is
27:29
very different. But just on
27:31
the pain of that artistic process depending
27:33
on who you are and how you do
27:35
it I am clearly not in
27:38
the Leonard Cohen camp though I am certainly not
27:40
in the Bob Dylan camp, Bob Dylan is just
27:42
someone who is called genius and you do not
27:44
need structure but you come out with magic. But
27:48
I am I think I am quite clearly
27:50
halfway in the middle I really like structure
27:53
but I think too much structure really stifles me.
27:55
One of the things when I write the book
27:57
is you know a
28:00
very good friend of mine who is actually a very good writer, Lavanya
28:02
Shankaran told me you just
28:05
have to get out a shitty first draft, that is what she
28:07
calls it. And so, I
28:09
have always focused on getting that
28:11
shitty first draft out as quickly as possible, once
28:14
I have got that out then you
28:16
know, so the weight is off your shoulders, you
28:18
can see it is really crap, you can start
28:20
afresh, but at least you got something in
28:24
front of you that you can pull apart. Yeah,
28:27
you mentioned the phrase shitty first draft and where Lavanya
28:29
probably got it from, where all of us got it
28:31
from is this great book by Anne Lamott called Bird
28:33
by Bird, which is one of the great books on
28:35
writing and I just want to kind of read out
28:37
the full quote for those of my listeners who could
28:39
take inspiration from this. Lamott writes, perfectionism
28:42
is a voice of the oppressor, the enemy
28:44
of the people, it will keep you cramped
28:46
and insane your whole life and it is
28:48
a main obstacle between you and a shitty
28:50
first draft. And you
28:53
know, so I was slide in one of my writing
28:55
webinars where I use this and
28:58
what I say about what I point out is the
29:00
way that free shitty first draft is used as a
29:02
feature not a bug, that it does
29:04
not matter that it is shitty, you
29:06
kind of have something to work with
29:08
and that is sort of important and
29:10
the Dylan versus Cohen thing is also
29:12
interesting because Dylan would
29:14
churn them out and have you, are you a Dylan
29:16
fan? Yeah. Have you heard the new basement
29:18
tapes? Yeah. Where all these guys
29:21
took discarded lyrics from Dylan and made
29:24
songs out of them. Yeah. So
29:26
what is your favorite? Oh God, it
29:28
has been so long since I listened to Dylan, I cannot pick
29:31
one up. Out of the
29:33
new basement tapes? Yeah, yeah, which these other
29:35
musicians took his discarded lyrics and turned it
29:37
into like my favorite from that, they all
29:40
go to Mumford's
29:42
Kansas City. You
29:45
remember that? Yeah. And that was
29:47
also a wonderful thing because like there was a film made
29:49
on it and it's great to see them look at these
29:51
lyrics and they're locked up for two days and they have
29:53
to turn it into songs and they're
29:55
just putting their own spin on it. So you know
29:58
that, okay, the words are Dylan. It's
30:00
you know, there's another sensibility sort of
30:02
in the music which is kind
30:05
of fascinating. So
30:07
let's go back to your childhood
30:09
now. Like when you entered my
30:11
home studio, you mentioned that you were a
30:14
Bombay Scottish kid, you'd run up in Mumbai
30:16
and all of that. So
30:18
take me back, you know, where were you
30:20
born? What was your early childhood like? So
30:22
I mean, I was born in Chennai, but
30:24
that's because my mother's
30:26
family was there. My father
30:28
was in Bombay,
30:31
not Mumbai because it was Bombay then. And
30:35
we spent a little
30:37
time in Delhi because
30:40
my father was setting up a project.
30:42
My father worked for BSCS, which
30:45
is now Reliance Power or has it now
30:47
become something else? I have no idea. So
30:50
BSCS and BST were the
30:53
two private power supplies in
30:55
Bangalore in Bombay. And
30:57
my father worked for BSCS. And so I
31:00
spent my most of my school
31:04
days till the 8th standard
31:06
in Bombay Scottish. And
31:08
then my father moved to
31:11
another company. It
31:14
was called General Electric, which is actually G, but
31:16
it was in those days called General Electric. And
31:18
we moved to Calcutta, where
31:21
I studied in a school called St. James
31:23
till I finished the 12th. And
31:26
then by that time, my
31:28
father, with the same company, had moved
31:32
to Chennai and eventually to
31:34
Bangalore. And
31:36
it so happened that I got to a national law school. And
31:39
national law school is in Bangalore. So I
31:41
came back and I was in national law school.
31:44
So I mean, it sounds like my father had
31:47
a sort of a traveling job kind of thing,
31:49
but it wasn't. It was just
31:51
sort of that's the nature of it. He
31:53
used to set up power projects. And
31:56
so he would go where the projects were. He
31:58
spent some time. in Saudi, setting
32:01
up a project there. But
32:04
we've been in Bombay for
32:07
most of my school life,
32:09
a very different Bombay. And
32:13
then Calcutta, which was a great experience,
32:16
because I think Calcutta is a very
32:18
interesting city for someone at that particular
32:21
age. The cultural stuff is
32:23
great. There was, you know,
32:25
there was quizzing, there was a lot of
32:27
literary and demoting activities. The theatre was really
32:29
good. I mean, theatre of course
32:31
in Bombay is excellent, but you know, for amateurs I
32:33
think Calcutta is better than Bombay, because
32:35
you really have a chance in Bombay. It
32:38
might have been harder to do. So
32:41
I did all of those things. And then law
32:43
school, of course, I was the second batch
32:45
of law school. So my
32:49
parents were not so
32:51
sure about this, because if you
32:53
just think back to the second batch of national law school,
32:55
the first of the five-year colleges, at that
32:58
time law was the thing that you did if you
33:00
could do nothing else. And to be
33:02
completely honest, that's exactly why I was doing law.
33:04
That's how I used to think of journalism in
33:06
the 80s. Well
33:08
law was, I think, you know, in those days you
33:12
enrolled for law school. It
33:15
wasn't even called law school, it was called law college. And
33:17
no one went for class. You'd
33:20
pay the people some money to give you attendance at
33:22
the end of the year. You'd
33:26
get these exams
33:28
from past years and do some mugging
33:31
and you'd sort of get through and
33:33
you'd spend the whole day
33:35
actually in a law firm or in
33:37
a chamber. You're
33:39
not qualified to practice law, but you were learning on the job.
33:41
And so that's the way you really learned. And
33:45
so my parents knew that and
33:47
they saw me getting into this thing. And
33:50
from the get-go to the very different experience.
33:54
So national law school was none of
33:56
these things. It was extremely rigorous. But
33:59
you know, you're pretty. So, the priors at that
34:01
point are lawyers are those who you
34:04
know are ambulance chasers or hanging around the court
34:06
and doing your part
34:08
of attorney something like that right. So, it
34:10
was I think it was my
34:14
parents were like look if you do well
34:16
with this then great but otherwise the
34:18
seams and remember the National
34:20
Law School when we joined did not have
34:22
its campus. So, we
34:24
were on a borrowed set of buildings
34:27
you know three classes in the Central College campus
34:32
in the heart of Bangalore, but this
34:34
was like an asbestos roof little shed
34:36
and we were there. But
34:39
the glorious thing about that was that we
34:41
had just the most outstanding faculty we had
34:43
mother men you know
34:46
who is like a just an icon in as a
34:48
jurist who would teach us legal method. I
34:51
remember of course this was maybe while we were in
34:53
the Central College campus, but we you know within a
34:55
couple of years we moved to our campus. But
34:59
Ram Jait Malani taught me murder and
35:03
when the you know he was a visiting professor
35:05
and he would come for spend a
35:07
week or maybe two weeks teaching
35:10
us sections of the
35:12
IPC and the regular
35:14
professor who had the you know who had
35:16
the responsibility during the bulk of the teaching
35:20
would recite some case and Ram
35:22
Jait Malani stand up and said yeah you know that
35:25
is what the case says, but
35:27
I argued this and this is what happened
35:30
and this is the reason why I did it and
35:32
so you know you just get a completely different perspective
35:35
and we had so many visiting
35:38
lectures like this. So,
35:41
it was a very different experience I
35:43
think to what anyone was
35:46
getting in a law education.
35:48
So, I you know it was it was a
35:51
extraordinary experience and in National
35:55
Law School of course has gone on
35:57
to become a very good well-reputed. institution
36:00
and so I think
36:02
my mother, despite all her reservations,
36:04
is now
36:07
reasonably glad that it ended up
36:09
the way it did. You
36:12
know Ram Jait Malani taught me murder is such a great
36:14
t-shirt line. You should
36:16
get that made ASAP. But
36:19
why law? I mean, did you kind of
36:21
drift into it or did you, were you attracted to
36:23
law for some reason? How did that
36:25
decision kind of come about? Was it a happy
36:27
accident or is it a complete happy accident? And
36:30
I'd love to make it romantic and say, you
36:32
know, but quite frankly this is absolutely
36:34
the last thing I wanted to be. I
36:37
knew I had an aptitude for it because I
36:39
would debate and I had sort of, you know,
36:44
I could hold my own
36:46
from a logical perspective and things like that. But
36:50
you know this is just not even on the
36:52
menu. If you
36:54
think about those days you would either become
36:56
a doctor or an engineer, it's just that.
36:59
You wouldn't even think about business because that's something
37:02
you did after you became an engineer. It's
37:05
not something that you would do upfront and
37:07
law, journalism, all of these things were just
37:10
not on the menu. And
37:12
so like a, you know, like
37:14
a good Indian in those days, I
37:17
applied abroad, did my SAT, did all of
37:19
those things. But
37:23
with a certain amount of, I guess,
37:26
optimism, I decided that I wouldn't go
37:28
abroad unless I got into one of the Ivy Leagues and
37:30
of course none of the Ivy Leagues would have me. So
37:33
I did the IITG without studying for
37:35
it thinking that there would
37:37
be some stroke of genius and I would make it through. I
37:39
didn't make it into any
37:41
of the medical colleges. One
37:44
of the people who was one year senior to me in
37:46
St. James was in the first batch
37:48
of National Law School, Nikhil Nair.
37:50
So Nikhil came to us and
37:53
said guys just think about this as
37:55
an option, it's a really good place. And
37:57
so we signed up for the entrance exam.
38:00
Now if you sign up for the entrance exam basically odds are
38:02
against you that you will get in those days it was not
38:04
known and heard about it and Nikhil and I had not come
38:06
and spoken to me I would not have signed up for it.
38:09
So I got in but you know
38:11
that just goes to show that happy
38:14
accidents sometimes are
38:16
just the way that things are
38:19
meant to be because when I
38:21
think back there
38:23
are probably few things that I am better
38:25
suited for than what I am currently doing.
38:28
Now whether that is nurture
38:31
or that is nature I do not know put
38:34
in that environment I got the
38:37
skills and so I am what I am but
38:40
I have no regrets I mean that is
38:42
exactly what I
38:45
guess I was meant to be a technology lawyer that
38:48
you know of that time and doing
38:51
the things that I am doing right now. In
38:53
a parallel universe you are an unhappy doctor somewhere maybe I
38:55
should do one of those exactly I would not I do
38:58
not know if I would be unhappy you know one of
39:00
the things that actually one of the things I really regret
39:02
is medicine my
39:04
wife keeps saying that I should stop
39:06
thinking that I am a doctor because
39:08
I you know I keep trying to
39:10
do my own sort of quack research
39:12
as to what would happen I think
39:15
doctors hate me also because I would have read up
39:17
on the internet before I have gone to see them
39:19
about something but that
39:21
is I guess the only I think in
39:24
a parallel universe I really been unhappy as
39:26
like an engineer somewhere or something like that
39:28
is certainly not my cup
39:30
of tea. And is there a certain kind
39:32
of temperament that thrives
39:34
in law or that
39:36
perhaps and maybe it is a positive
39:38
feedback loop well you know because I
39:40
would imagine that if you are someone
39:42
who likes to think in a structured
39:44
systematic way studying law is something that
39:46
you might find enjoyable or at least
39:48
it is easy for you and
39:51
then you know the study of
39:53
law would also then enhance those faculties for
39:55
regular and structured thinking and so on. So
39:58
is there something like that is it the case that. that
40:00
you happen to be someone whose temperament and whose
40:02
interest kind of match what you were doing and
40:04
you were also in a good college not a
40:06
shitty law college of course that makes a difference
40:09
or you know it is
40:11
it the case that that really does not matter that anyone
40:14
can just you know. Yeah, I do
40:16
not know the answer to that once again you
40:18
know going by my personal experience may not be
40:20
a good way to extrapolate things because I know
40:22
there are others who perhaps
40:25
have switched out of law with
40:27
very similar circumstances I think I
40:30
was fortunate in that out after
40:32
law school I was
40:34
part of the first campus recruitment in any law school
40:36
now it is sort of part of the way in
40:39
which law schools run and I
40:41
was picked up by the law firm called the associates that
40:44
pick me up for the Bangalore office there
40:47
was no one in the Bangalore office other than the
40:49
three of us national law school graduates who were picked
40:51
up. And so
40:53
you know we had extraordinary
40:56
client access so we were
40:58
because there was no one else to do the job we
41:01
were front and center we also had
41:03
a lot of experience with you are just
41:05
doing silly things like office administration because really
41:07
there was no one else to do it
41:09
there was a full-fledged firm
41:11
in Delhi you know
41:14
very well established firm but Bangalore was in a
41:17
sense an outpost there
41:19
was a gentleman called Padmanavan, Paddu
41:21
who ex general counsel
41:24
of Hindustan Leaver who
41:26
was you know in his retirement sort of
41:28
running this office so as a result a
41:30
lot of that was left to us now
41:33
I think it was all those circumstances plus
41:36
the fact that I was in Bangalore at
41:38
a time just before
41:40
the tech boom had become you know
41:43
what it was look I graduated in 94
41:46
to remember back to year 2000 the
41:48
Y2K which was really that big event
41:50
where you know everyone thought the planes
41:52
would fall out of the sky because
41:55
we had only two digits instead of four digits
41:57
for the year and I
42:01
was in the middle of all of that with direct
42:03
client access. So I was fortunate in that I
42:06
could get to do things that really piqued
42:08
my interest and curiosity. If I was stuck
42:10
in a firm pushing papers or you know
42:12
just going to court for
42:15
adjournments or you know three
42:17
levels down so there is some partner doing the client
42:19
access and I am just churning out documents maybe life
42:21
would have been different. But
42:24
I think certainly temperamentally it
42:27
is important in law to be
42:30
curious. It is
42:32
important in the type of law that I and
42:34
we do to have
42:36
the intellectual curiosity around
42:38
the business of the client as opposed
42:41
to just the specific legal problem they
42:43
have come to you with. I
42:46
think it is important to be constructive in providing
42:49
advice. Any law is when
42:52
they give opinions it is just a yes or a no. You
42:54
have been asked is this possible and you say no and that
42:56
is really not helpful to a client
42:58
that is you know not fighting a case. I
43:00
mean if you are fighting a dispute then perhaps
43:02
that is okay but if you are looking to
43:04
structure a business and entry into the country you
43:06
want to know okay it is not possible, what
43:08
is possible. And for
43:10
all of that you need to have a wider
43:13
frame of reference than just the laws that
43:15
apply to it. And the business
43:17
and how it works you got to understand
43:20
the intentionality of the clients what they
43:22
want to do and I
43:24
think all of those are attributes that are necessary
43:26
in order to become a good lawyer in this
43:28
area. So
43:31
my friend and co-host for the YouTube show
43:34
I do Ajay Shah and a mutual friend
43:36
as I believe he is
43:39
extremely fond of you he was saying good things about my
43:42
recording with you. He introduced me to this
43:44
phrase which I love called below the API and
43:46
above the API. I think he got
43:48
it from Venkatesh Rao of Ribbon Pharma, linked that essay from
43:50
the show notes as well. And Ajay's
43:52
point is that most people live below the API
43:55
that there is a certain set of instructions that
43:57
you have to do for your profession and you
43:59
follow them. out at a very simple level and
44:01
Uber driver gets a message, go here, pick up this
44:03
person, drop him there, collect this much money and he'll
44:05
do exactly that. And in every profession,
44:08
I would imagine 90 to 95%
44:10
of people are actually below the API,
44:12
that they're doing what they have to
44:14
do, they're following the routine and there's
44:16
maybe a small chunk of people who
44:18
are thinking a little bigger and so
44:20
on. And I would imagine that that
44:22
kind of approach of being a below
44:24
API person or an above API person
44:28
would extend to college
44:30
as well. And you mentioned that
44:32
you had all these great teachers, inspiring people
44:35
who've teaching you not just about what the
44:37
law is like, but going back in history
44:39
and foundational stuff and all of that. So
44:43
were you always in a sense and
44:45
above the API thinker? Because you
44:47
clearly are now obviously, and
44:50
your books are brilliant above
44:52
the API books for me in the sense
44:54
that there is so much original thinking, you're
44:56
encapsulating all of the history of a particular
44:59
sort of movement, whether it's privacy with your first
45:01
book and data governance with your second book and
45:03
then taking it forward and imagining the future. But
45:06
was it sort of always like that? Do you
45:08
think those are inherent traits in people that some
45:10
people, no matter in what profession they are or
45:12
where they are taught or regardless of
45:14
context will always be satisfied with the
45:16
minimum stay below the API build a
45:18
respectable life. And some people who
45:21
are just curious that they will never be
45:23
satisfied with what is in the textbook or
45:25
with pushing papers as you said, but they're
45:27
always thinking kind of one level ahead. A,
45:30
what were you like? B,
45:33
do you think that these are inherent traits
45:35
in people like in all
45:37
the professions that I know somewhat, I look
45:39
around and I realized to my dismay that
45:41
90% of the people are just going through
45:43
the motions. Very few people are taking in
45:45
initiative and sort of
45:47
being innovative. And C
45:50
as a tangential thought that just occurred to
45:52
me that does it perhaps have something to
45:54
do with the good fortune of a
45:57
background where you're not necessarily rich
45:59
that's irrelevant. you are encouraged to
46:01
read for leisure and surrounded by
46:03
ideas and discounts. So you
46:05
know how would you think about that below the API above
46:07
the API thing like by self-selection
46:09
I would assume by now you are surrounded by
46:12
people who are thinking like you above the API
46:14
you have to but in general what is your.
46:17
Yeah look I mean clearly in college I
46:19
was not above the API perhaps
46:22
also because we were
46:24
such a new type of education if no one knew
46:26
where the API was. So we had no idea you
46:29
know what we were doing we have
46:31
as I said I was the first
46:33
campus person was hired from
46:35
campus through formal campus recruitment it
46:37
was the only campus recruitment that was conducted
46:40
by the faculty ever since then there has
46:42
been a recruitment committee run by students. So
46:46
yeah it was very difficult to know that this
46:48
is what you optimized for is only when I
46:50
got into the final year my
46:52
fifth year that we even knew there
46:54
was going to be a campus recruitment
46:56
so up until then the API as
46:59
it were was to find a litigation
47:02
chamber that you could associate with I did
47:04
not even know there was such thing as
47:06
law firms. What I also mean
47:08
is when I say API also mean is that you
47:10
would be taught what is in the constitution this is
47:13
how it has been interpreted these are the cases but
47:15
above the API would be thinking back on
47:17
why is this in the constitution why is say
47:19
the right to privacy not in the constitution you
47:21
know thinking about it philosophically why is
47:23
the US constitution like that and all so were you
47:25
doing that kind of thing. No I mean completely I
47:27
had none of that I
47:30
was just going through the motions because I you know what I
47:32
was trying to say was I had no idea
47:34
that I could that knowing all
47:36
of this would be useful to me because
47:38
we just did not have a path
47:41
that someone else had had walked
47:43
to show us that I
47:45
was not interested in writing academic
47:48
papers and so you know to
47:51
bring this larger body of knowledge
47:54
to simple question was not even
47:56
within my frame of reference I
47:58
was quite frankly below the API. Even
48:00
though I did not know what the API was, I would have been below
48:02
it. I think
48:05
this you are very kind to say that
48:08
I am above the API, but it is
48:10
perhaps because of the special circumstances I found
48:12
myself in. I was in Bangalore at
48:15
a time when tech was taking off.
48:19
For some strange reason I understood tech. I
48:21
have never studied tech, but you know when I
48:23
was in school I was interested in computers. I
48:26
remember I did a course
48:28
during the summer where
48:31
I passed around with basic
48:34
the programming language and it
48:36
was just like a summer course something to
48:39
do during the summers for school
48:41
students and so it is very very basic. But
48:44
I understood the logic of computers
48:47
and so in our office in the door
48:49
associates there was one computer
48:52
that was connected to a modem. This is
48:55
a 2400 bauds per second modem which screamed
48:59
and this is before the internet. I remember those days
49:01
was. So he
49:04
was there and no one knew how it worked.
49:06
It was basically like when the fax machine did
49:08
not work they would send it send the stuff
49:10
over this. And
49:14
I do not know how I figured out, but I learnt
49:16
that in Bangalore there was such a thing called a bulletin
49:18
board service and I
49:20
figured out how to connect to it. And
49:23
I do not know if you played
49:26
around in those days, but there
49:28
was this guy called Atul Chitnis who is no
49:30
more. He used to run this bulletin board service
49:32
called CIX and it
49:34
was essentially a telephone connected to
49:36
Atul's computer and if
49:39
you the way you use it was
49:41
you dialed into that telephone it
49:43
would connect to his computer. You could set
49:45
up an account there and people could send
49:48
you messages. You could download whatever
49:50
games he had stored on his computer.
49:53
But the etiquette was that you should do all this
49:55
really quickly because there would be
49:57
the entire you know the etiquette.
50:00
entire group of people on that bulletin board service
50:02
were waiting in line to actually call and it
50:04
was considered to be rude to
50:06
hog the telephone line. One at a
50:08
time you can. It was one at a time. So,
50:11
you logged on you would
50:13
download all the messages that were left for you and
50:15
you log off then at your
50:17
leisure you would read all the messages you would
50:19
answer to them and once you are already you
50:21
log back on and upload your answers back. So,
50:24
this is true asynchronous email.
50:27
That was my first sort of
50:30
experience with the internet as it were
50:32
which is this really asynchronous thing. Now
50:35
the reason I am telling you all this is because it took
50:37
a fair bit of pausing around
50:39
to make all this work. Look I am
50:41
just a lawyer I have no background in
50:44
all of this and this was very terminal
50:46
line kind of programming.
50:49
I somehow managed to get it to work. I
50:51
remember for the rest of my colleagues in
50:54
at work I downloaded a golf game and we
50:56
used to play the golf game like
50:59
a you know an 8 bit kind of a
51:01
golf game and
51:03
because of all of this I
51:06
was able to understand the
51:09
technology side of the queries that
51:11
my clients were asking. Now
51:14
is it about the API is it below the API I do not know I was
51:16
just interested this is just something that
51:18
piqued my interest and so. But
51:20
the fact that you did something as radical as learning
51:23
a programming language when your day job is as a
51:25
lawyer is itself above the API in a way is
51:27
not it. Anyways we
51:29
know is that play is that work this had
51:31
no connection to work. So, I mean I do
51:33
not know so the way you described above the
51:36
API is bringing to bear lots of things on
51:39
to the simple task and this is
51:41
not that this is play. So, this
51:43
is once again part of the same
51:45
to its knowledge that has somehow you
51:47
know contributed to whatever it is. I
51:50
did not do this mindfully it
51:53
was just fun to do, but if you look
51:55
back and if you want
51:57
to trace my interest in technology and some
51:59
of my. understanding this is back to some of these things
52:02
the fact that the technology was
52:04
not something I learnt and I
52:06
knew I just tried
52:08
various things and you know that community is
52:11
very helpful. So, they say no
52:13
you know you just do this is all you
52:15
have to do get there and then there will be
52:17
like an FAQ somewhere on the site you download
52:19
that read it a bit make
52:21
a few mistakes make lots of mistakes and then
52:23
you figure out how to do it and then I think the most
52:26
important thing is that the fear of technology
52:29
was beaten out of me I am not afraid of any
52:32
technology I think if
52:34
I read enough I don't think any technology will
52:36
be too difficult and we don't understand. So,
52:38
you know when the Satoshi Nakamoto paper came out there
52:41
is a bit of maths at the end of it
52:43
but I just sort of went at
52:45
it like literally when it when
52:48
it just came out so there were no explainers
52:50
and all lovely YouTube videos on how Bitcoin works
52:52
and double spending and stuff like but I was
52:54
like look I just have to figure
52:56
this out because this sounds like something really
52:58
interesting in the tech space. So,
53:01
I think the really big thing that that
53:03
gave me at that time was it just broke the fear
53:07
of technology I think a lot of people are just
53:09
afraid of technology and so I don't engage I think
53:12
I lost that fear very early on.
53:15
Did you buy any Bitcoin after reading that? I
53:17
bought a Bitcoin one Bitcoin
53:19
I think it would have
53:21
been like a
53:23
hundred dollars or two hundred dollars one Bitcoin I
53:25
have never bought one since I mean I bought a Bitcoin very
53:28
early on just to sort of figure out how to
53:30
buy it what it was and how it was is
53:33
this you know I still have it I
53:35
still have it oh you still have that Bitcoin. So,
53:37
if it is ever a million dollars you can I will
53:40
never sell it you will never sell it So,
53:42
for me now I am
53:44
fooling around with L3s so you
53:47
know Bitcoin is fine I am now
53:49
sort of on Ethereum one
53:52
of the one of the things I am playing around with a lot
53:54
now is this Farcaster protocol which
53:56
is Twitter for web3. newsletter
54:01
is web 3 newsletter which
54:03
means you can actually collected your
54:07
mint in NFT off of it and stuff
54:09
like that. It is not particularly
54:11
useful to anyone not a single one of
54:13
my readers has minted
54:15
it I have not gated
54:17
anything to prevent people from accessing it
54:20
unless they have eep. But
54:23
it is more just to I think the
54:25
real value of the blockchain is going to come
54:27
in the L3's and
54:29
so I feel I just must play around in
54:31
that space to understand you know how that works
54:35
because when it happens I need
54:37
to explain what the regulations and the laws are at that
54:39
point in time and I cannot if I do not
54:41
know. So I mean
54:43
I like to just dabble in some of these things
54:45
perhaps it is a waste of time but I
54:48
feel at some time it will be off. I
54:50
had an episode of the scene in the unseen
54:52
with Vitalik Bhutar and I was absolutely terrified going
54:54
into that because I know I heard that with
54:56
Ajay was with you. I made
54:58
Ajay co-hosted with me I mean we were
55:01
at a conference and the day before I
55:03
said listen I am recording tomorrow with Vitalik
55:05
who here can sit down and explain to
55:07
me in half an hour what the hell
55:09
is going on because I just had really
55:11
basic knowledge of Ethereum and that entire ecosystem.
55:14
But he is a very profound thinker outside
55:16
of this. He is absolutely above the API
55:18
like Ethereum is like 1% of what he
55:20
can talk about just a phenomenal thinker
55:23
on philosophy and politics
55:25
and so on. I do not agree with anything he says
55:27
all his views but that is just that is the
55:29
reason why I like listening to him because it is good
55:31
to you know
55:33
see what he thinks and try and say it
55:35
does it work as much. He has got incredible
55:38
clarity around a
55:40
lot of understanding of how society works what society
55:43
should be its
55:46
limitations. I think he is quite wise
55:48
to the limitations of this
55:50
completely decentralized protocol that he promotes
55:53
as well. He
55:56
is a strange guy. I mean he is a strange guy.
56:00
know he's a complete nomad as you
56:02
as you discovered on the podcast and
56:04
I actually he's got a little I
56:07
follow his blog and he had
56:09
one post on what is the
56:11
ideal setup that
56:13
you need to be a nomad these are the things that
56:15
you need to have like this is the electric toothbrush that
56:17
you need which is powered on batteries so that you don't
56:19
you can even use it when you don't have a plug
56:22
point I mean it's just so of course I haven't bought
56:24
it I find
56:26
there's an underpowered electric toothbrush so I
56:28
think that's a bad idea but
56:30
yeah so you know he's
56:32
an interesting guy to just completely
56:35
non Bitcoin
56:37
blockchain pieces of wisdom will
56:39
come out of his mouth. Yeah he sparks
56:41
thinking and I'm just thinking louder and thinking
56:43
that there are maybe these two kinds of
56:45
interesting thinkers and one is someone like someone
56:48
like Vitalik who spark thinking new thinking in you
56:50
and someone like Paul Graham who will present frames
56:52
which suddenly makes things clear to you that were
56:55
not clear before and they're both
56:57
probably and like additional is also part of that
56:59
I mean driven arm is just a fount of
57:01
wisdom Balaji is
57:03
another guy completely different type
57:05
of thinking network status I
57:08
don't agree with it in many ways
57:10
but it'll spark your thinking kind of force to engage
57:12
with it who are the other
57:14
thinkers you like these things I mean these are the
57:16
these are the ones that I you name
57:19
the ball Paul Graham is another sort of
57:21
a great sort of the
57:23
way he puts it is is really good but
57:26
literally you've listed that entire name though
57:29
the entire list Venkatesh
57:31
was the other one that I would say
57:33
Balaji is also really an outstanding thinker these
57:36
are the people who you know when they when they put out
57:39
a post I will sort of listen to it
57:41
you know Mark and recent keeps
57:44
coming up with these oracular posts but it just so
57:46
happens I don't agree with a lot of the things
57:48
that he says so it's interesting to to read the
57:50
post that he comes up with but
57:53
I don't necessarily always agree with
57:55
him on any on
57:57
the medical side I think someone likes that Mukherjee
58:00
in you know just in in the vast
58:02
volume of information that he brings to the
58:04
page and the way he strings it together
58:07
I mean he's a storyteller. So I
58:09
think that that's sort of what he is Carlo
58:13
Ravelli for science gosh, there's anything
58:15
by Carlo Ravelli is is worth
58:17
worth reading He
58:19
just got a I mean in Italian
58:21
is remarkable way of putting these things together
58:24
I like all these guys as well and I actually like Mark and
58:26
Risan a lot I think I agree with him more than you do
58:29
but agreement is often not the point
58:31
It's just you know who can really
58:33
sort of stay there. Very provocative I
58:35
think you know effective acceleration as a
58:37
as a rebuttal to effective altruism is
58:39
a great position
58:42
at the other end of the spectrum. I don't agree
58:44
with it I mean once again when I say I
58:46
don't agree is I don't like black and
58:48
white. I think there's always a midway
58:51
between between the two So
58:54
if his idea was to provoke, you
58:56
know full marks to him. He certainly did. I
58:59
don't agree with everything but you know kudos
59:02
for him for seeing a rather you
59:04
mentioned doing things to play tell me more
59:07
about your play because I have heard from
59:09
informed sources that you will play the guitar
59:11
that You know your deeply
59:13
into music that you're deeply into food. You're a
59:15
connoisseur of food your wildlife photography is of course
59:18
legendary By the way, you mentioned a zebra photograph
59:20
in your privacy book and I googled for it
59:22
and looked for it But I couldn't find it
59:24
so you can send it to me after this
59:27
and maybe I'll link it from the show notes
59:29
but yeah gosh, you know, I
59:34
Can't play the guitar but I haven't played for a
59:36
really long time Have you sung like I look for
59:38
you on Spotify and there is a Rahul Mathan artist
59:40
and there is Some album from what
59:42
looked like a music school and there is one
59:44
Rahul Mathan singing and that is right you yeah
59:48
So there's one song that is
59:50
on Spotify It
59:53
was a song And
59:55
and there's a video as well. So you probably
59:58
be able to I
1:02:00
love the gear, I am a gear
1:02:03
head so give me an excuse and I will buy
1:02:05
new gear. What is your favourite camera or a tune?
1:02:07
So, I am currently on
1:02:09
the Sony A9, the
1:02:12
one I think I will upgrade to is the Sony
1:02:14
A7R, 5 is
1:02:16
just released, I just need to figure out whether it is the 4 or the
1:02:18
5 or I played with the 4 as well. But
1:02:23
I now do not lift my camera if
1:02:25
it is not wildlife photography, I
1:02:27
think that is one of the
1:02:30
more challenging types of
1:02:32
photography. I
1:02:36
can technically tell you all the things
1:02:38
that you have to do, how you have to do it but
1:02:41
that visualizing a
1:02:44
picture is
1:02:46
still hard for me. I
1:02:49
can get it like in focus, I can get it motion
1:02:51
blur, I can do all of those things but
1:02:53
just visualizing the picture is what I am really working at right
1:02:56
now. So,
1:02:58
I mean I enjoy it, I enjoy going
1:03:02
out, I enjoy the whole process of making
1:03:04
a picture because 99% of wildlife
1:03:07
photography is waiting but
1:03:11
it is worth it for the 1%. I
1:03:15
am very lucky that my son also
1:03:17
likes this, so it is
1:03:20
a father-son thing to go out.
1:03:22
We are also very fortunate that just down the
1:03:24
road from me is down a long road
1:03:27
is Kabini which is one of the
1:03:29
finest forests in South India. We
1:03:34
spent a lot of time my son and I tracking
1:03:36
down the black leopard there
1:03:40
and we have got more
1:03:42
than one very good photograph
1:03:44
of that black leopard. So,
1:03:47
it is a lot of fun, I mean it is very rewarding to
1:03:49
do that. It is technically challenging but
1:03:52
it is also just sitting out in nature and just
1:03:55
waiting for this guy to come out
1:03:57
for a few seconds. is
1:04:00
extremely rewarding. I think
1:04:02
Sonil just got this new camera
1:04:04
out the A93 which has this
1:04:07
global shutter thing where basically typically
1:04:10
what happens is with every frame all the pixels
1:04:12
they do not sort of refresh
1:04:14
at the same time they do it in a sequential way
1:04:17
which is why you have the rolling shutter effect and all
1:04:19
that if you are moving the camera and here they all
1:04:21
refresh at the same time. So that
1:04:23
is according to my photographer friends I am
1:04:25
not a photographer I am kind of more
1:04:27
into video but according to my photographer friends
1:04:30
that is like absolutely radical
1:04:32
change especially for sports
1:04:34
photographers I am you know so I am
1:04:37
I just which would translate to wildlife because
1:04:39
there is a lot of wildlife it is
1:04:41
very slow but the really exciting
1:04:43
wildlife is very fast like
1:04:45
we want to get a cheetah on the run you want
1:04:48
to be able to use equipment
1:04:50
is performing in the same way that sports
1:04:52
photographers equipment performs. So
1:04:55
yeah I will be really interested to see that. And
1:04:58
I am also intrigued by what you said about how
1:05:00
99% of it is waiting and earlier you know when
1:05:02
you came here you spoke about how you have been
1:05:05
travelling so much and you need to travel less how
1:05:07
does how have you sort of found
1:05:09
that balance because I guess in the kind of life that you do
1:05:11
where you know you are one
1:05:14
of the people running for legal you are also involved
1:05:16
with policy at the government level you are travelling all
1:05:18
the time you are going to conferences and blah blah
1:05:20
blah it is a constant blur of
1:05:22
motion and etc etc. And
1:05:24
yet like you pointed out photography would be a
1:05:26
certain kind of tariff even playing
1:05:29
music and so on would put you in a
1:05:31
quiet zone where you are just you know trying
1:05:33
to go ahead of time and meet a deadline
1:05:35
or whatever you know to get to your next
1:05:38
meeting. So how is that balance for
1:05:40
you I mean has it been a conscious effort
1:05:42
where at some point in your life you have said
1:05:44
that you know like earlier you mentioned your friend who
1:05:46
passed away that he did not live long but he
1:05:48
lived a full life and for
1:05:51
you is that play the photography the
1:05:53
music or maybe just
1:05:56
a quiet moments doing nothing is that
1:05:58
an essential component of that full life. Absolutely
1:06:01
and look I will
1:06:04
put it this way I don't think that any
1:06:06
aspect of my life that I'm not enjoying even
1:06:11
the travel and the travel is tiring but
1:06:13
it is with a goal and a purpose
1:06:16
I am very fortunate in that I think if
1:06:18
I had to travel and I will really didn't
1:06:21
like it I didn't like why where I was going and
1:06:23
in like why I was going there I
1:06:26
would be a very different person but you
1:06:28
know at this stage of my life all
1:06:31
the various aspects of it I thoroughly enjoy
1:06:35
but on
1:06:37
that on the question around you
1:06:39
know essentially doing photography is it
1:06:41
a break from normal life
1:06:44
it absolutely is it is it
1:06:47
is just rewiring your brain to do
1:06:49
something completely different at a completely different
1:06:52
pace I don't need it but
1:06:55
when I do you know do
1:06:57
that it's extremely refreshing but
1:06:59
I could achieve the same
1:07:01
thing and I do achieve the same thing every
1:07:04
day with two hours of reading so
1:07:06
you know in the morning I wake
1:07:11
up early if I'm at home I try
1:07:13
and go for a cycle ride in the morning I
1:07:15
take my dog for a walk and then
1:07:18
it's two hours of reading because I wake up at 5.30 in
1:07:20
the morning and so I have
1:07:22
like two hours of reading which
1:07:24
would be ideally you know the
1:07:26
newspaper and then whichever book
1:07:28
it is that I'm reading right now and I
1:07:30
like to put two three hours without sort of
1:07:32
restraint unless I've got a meeting you know then
1:07:34
you have to head out to it but read
1:07:37
until you know you're done
1:07:39
that's sort of satisfied and it's not don't look
1:07:41
at emails it's not like I don't look at
1:07:43
emails I wake up I look at
1:07:46
emails I'm not particularly fast about no screens and
1:07:48
things like that I'm not driven
1:07:50
by it I can put it aside
1:07:53
but the conscious slowing down
1:07:55
of the pace of regular
1:07:58
life by up
1:08:00
something else and for me just
1:08:02
reading a book is enough. I
1:08:05
think that is really important to be
1:08:08
able to actually speed it up and
1:08:10
you know go about things
1:08:12
at the pace that that life demands.
1:08:15
But most importantly I think
1:08:17
the reason why I can do all of these things is because
1:08:19
I enjoy every single one of them. I even enjoy the travel,
1:08:23
I you know I the plane is
1:08:25
when I am going from Bangalore to
1:08:27
Delhi which is my like once a
1:08:29
fortnight regular schedule if not once
1:08:31
a week it is two and a half hours to read a book. So
1:08:34
very often I finish a book going
1:08:36
and coming that
1:08:38
is lovely. I absolutely
1:08:41
do not I used to have an iPad but
1:08:44
it is gathering more pearls somewhere. I do not
1:08:46
watch videos on the
1:08:48
plane or I do not watch Netflix you know at
1:08:50
home when I come back from work that
1:08:52
is what I do. I do not read a book at
1:08:54
night, I watch some stupid
1:08:57
in a Netflix and I or maybe
1:08:59
some movie I absolutely have to watch but you know
1:09:01
it is not like I do not do video. But
1:09:04
on a plane I just think
1:09:07
that is a great time and opportunity to read
1:09:09
and I get a lot of reading done early in the morning I get a
1:09:12
lot of reading done. Do you always read?
1:09:14
Always. Very
1:09:16
recently a non-fiction very recently as in maybe
1:09:18
over a decade and a half a non-fiction
1:09:20
reader most of my life a
1:09:23
fiction reader and particularly science fiction.
1:09:25
I have been a science fiction reader since I was
1:09:28
a child my dad used to say you know at
1:09:31
some point I will grow up and stop
1:09:33
reading these fantasies but I if I if
1:09:35
I was to read fiction now it would
1:09:37
almost always only be science fiction.
1:09:41
Actually the non-fiction of today like the world as it
1:09:43
is today is like what science fiction would have been
1:09:45
25 years ago. Yeah exactly.
1:09:47
So a lot of a
1:09:49
lot of science fiction has come true essentially
1:09:51
so you know but I actually
1:09:54
like the really the science fiction
1:09:56
that really pushes the
1:09:58
online forces you to rethink. different
1:10:00
sort of construct. Like what are the big influences
1:10:03
on you which really you know made you set
1:10:05
up? I mean look
1:10:07
the so Isaac Asimov
1:10:09
was someone I read a
1:10:11
lot, I have read all his all his different
1:10:15
categories of books and
1:10:17
towards the end you start to see him
1:10:19
stitching all the various worlds together. You know
1:10:22
the robot world stitches into the foundation world
1:10:24
and we are watching the foundation world
1:10:27
on Apple TV plus right now and you already can
1:10:29
see it stitch but you know for someone who watched
1:10:31
it being pieced
1:10:33
together as it were was
1:10:36
phenomenal and you know even just the
1:10:38
concept of psycho history.
1:10:41
I wrote in an article
1:10:44
sometime back that the idea of
1:10:46
psycho history essentially once you have
1:10:48
enough data you can predict
1:10:50
the future because patterns
1:10:54
societal population scale patterns are
1:10:57
not predictive unless the
1:11:00
population is large enough and
1:11:03
his theory is that once you got
1:11:05
galactic size population you can predict the
1:11:07
future in a way that nothing an
1:11:10
individual can do will change the future.
1:11:15
Now what are all our algorithms and social media guys
1:11:17
doing right now other than that I mean they are
1:11:19
not predict in the future but they are in a
1:11:21
microwave predicting your future because they are predicting that you
1:11:23
are now going to be interested in buying such and
1:11:26
such thing and more often
1:11:28
the North get it right. So
1:11:30
have we reached a kind of a mini
1:11:33
psycho history with the algorithms
1:11:35
and are we going to reach do
1:11:38
a quantum leap in that with AI I do not
1:11:40
know but it looks like
1:11:42
that is another you know
1:11:44
science fiction that may be coming true in
1:11:47
a small way. So
1:11:49
these are the things that I you know that I
1:11:51
really find interesting that I
1:11:53
find worth thinking
1:11:56
about May not be true, may
1:11:58
not be. but it is just like worth. having what
1:12:00
dallying with for a bit. When.
1:12:03
I know you know across your books
1:12:05
you've mentioned some of the insight started
1:12:07
go to gyms having to us for
1:12:09
example woman in the second trimester or
1:12:11
likely to shifts and scented lotions to
1:12:13
and scented lotions and marketers know this and
1:12:15
this starter the serving up ads accordingly
1:12:17
and and he was who spoken about
1:12:19
how you know whether a person types
1:12:21
in all caps or what the average
1:12:23
Betty life when your phone is can
1:12:25
give an insight into your creditworthiness and
1:12:27
are like these are insane things kind
1:12:29
of from and I know you know big
1:12:32
data can tell us. Have you read
1:12:34
the great book? Everybody Lies by Sixty
1:12:36
Funds? Davidowitz. And I
1:12:38
was really struck by that book because
1:12:40
you know and I thought of that book
1:12:43
when reading your book on privacy because I
1:12:45
thought direct coolest But I have it says
1:12:47
so far has really been on google search
1:12:49
what are we searching fallen into different places
1:12:52
will be so it's because you as you'll
1:12:54
notice completely private and for my listeners and
1:12:56
everybody loses a book by said she was
1:12:59
Davidowitz where he took anonymised data from a
1:13:01
bunch of platforms and what people are
1:13:03
searching from and a game up with some
1:13:05
are incredible insights and some great to. Be
1:13:08
a years of for example know
1:13:10
you know India and Bangladesh Her
1:13:12
leg we ahead of the world
1:13:14
in the obsession of adult men
1:13:16
with best feeding and I could
1:13:19
never figured out the way of
1:13:21
that. but just the fact of
1:13:23
that is kind of from ah
1:13:25
so sort of for mindblowing but
1:13:27
I mean that that that's an
1:13:29
aside know I look. I think.
1:13:33
He. Approves He I, I. Ki.
1:13:35
Ay yeah he is something I stumbled into. I
1:13:37
know it's not going be popular when I say
1:13:39
this, but. In the
1:13:41
book actually say that to
1:13:44
see is an abnormality. human
1:13:46
societies I the only places
1:13:48
where bluesy is tolerated. in
1:13:51
the wild it's not and i
1:13:53
think don't own a price of
1:13:56
the book is that will perhaps
1:13:58
reverting back to a be civilization
1:14:01
kind of a space where it's
1:14:04
becoming more and more, you know,
1:14:06
I mean, Mark Zuckerberg goes up and says,
1:14:08
he went up in
1:14:11
the beginning and said that privacy
1:14:13
is overrated and I
1:14:16
think that that taken out
1:14:18
of context sounds terrible but as a matter
1:14:21
of fact, it
1:14:23
is not the norm. It
1:14:26
is a luxury that some of us have and
1:14:28
many of us do not. Should
1:14:32
we allow everyone give everyone the space for
1:14:34
privacy? Absolutely. It allows
1:14:36
you freedoms
1:14:38
that otherwise would make you less
1:14:40
of what you are but let's completely
1:14:43
understand that it is a privilege and
1:14:45
those who speak about it also speak about it
1:14:47
from a place of privilege. We
1:14:49
should do more to give other people that privilege and
1:14:53
sometimes it's not, they don't always have that choice. You
1:14:57
know, since you brought it up, let's actually
1:14:59
sort of double click on this aspect of
1:15:01
privacy now and obviously when you say it's
1:15:03
not the norm, it's something that created by
1:15:06
technology essentially, it's not a normative thing you're
1:15:08
saying, it is describing the way things are
1:15:10
and I, you know, love those early chapters
1:15:12
of privacy 3.0 where you
1:15:14
write about how if you look back in
1:15:17
history, no animals have privacy, on
1:15:19
the contrary, solitude is a bad thing and of
1:15:21
course, privacy arises out of solitude and on the
1:15:23
contrary, solitude is a bad thing because it is
1:15:25
dangerous for you. Herds have to
1:15:27
stick together and they always have to watch
1:15:29
each other and every bit of information helps
1:15:31
them survive and we have also
1:15:34
evolved like this and as an example,
1:15:36
you speak of the Talahari Bushmen or
1:15:38
the Kumb tribesmen where
1:15:41
you know, you describe their hearts
1:15:43
where they rarely spend time alone,
1:15:45
their hearts weren't habitable and if
1:15:47
seeking solitude is
1:15:49
regarded as bizarre by them, why would you do
1:15:51
something like that and the hearts were so close
1:15:53
to each other, you could sort of, you
1:15:56
could hand utensils to someone in another house without
1:15:58
getting up, that is what they were optimising. that
1:18:00
the civilized us mitigating the
1:18:03
animal us, because it is out of
1:18:05
that privacy, it is out of solitude
1:18:08
and introspection that art emerges, that reflection
1:18:10
emerges, that science emerges and all of
1:18:12
that. What do you think about
1:18:14
that larger civilizational process? Because
1:18:16
earlier you spoke about psycho history and you
1:18:18
can predict the future and I was going
1:18:21
to ask you if you believe in free
1:18:23
will and at some level I think
1:18:25
most of us do not realize
1:18:28
how much our civilized self is
1:18:30
just a veneer and really we are in control of
1:18:32
the animal self and a lot of
1:18:35
the time all that the civilized self is
1:18:37
doing is rationalizing what the animal sense self
1:18:39
does. And it is there is
1:18:41
a huge cognitive load on doing that and that
1:18:43
is the reason why privacy is important. So, I
1:18:45
do not want anyone to think that I am
1:18:47
a privacy lawyer that is
1:18:49
essentially what everyone knows me as. But
1:18:53
the fact is that for 99%
1:18:56
of our lives we have a veneer that
1:18:59
absolutely no one can get
1:19:01
through, not a spouse, not our
1:19:03
children that is the
1:19:05
you know that is the last frontier that
1:19:07
you have to crack through to really see
1:19:10
the true person. And
1:19:14
in some societal constructs
1:19:16
is extraordinarily hard to
1:19:20
create an environment where you could
1:19:22
let that last world on as
1:19:25
you say in the slums in the Ravi in
1:19:28
you know very early civilizations you
1:19:31
know even though houses grew
1:19:35
to have walls they had external walls not internal
1:19:37
walls. It was
1:19:39
only when the fireplace was and you
1:19:41
know I only have anecdotal
1:19:43
information from the west. So,
1:19:46
there was the need for a fireplace. The fireplace was
1:19:48
located centrally within the house at the center
1:19:51
of the house that you need to create
1:19:53
a wall around the fireplace to support the
1:19:55
house. And then by that you divided the
1:19:57
house into two and so there was some.
1:20:00
modicum of privacy, but
1:20:02
beds, you know beds are a
1:20:04
new invention and so when you had a bed you
1:20:06
had one bed that everyone slept on, cows
1:20:08
and goats slept on the floor
1:20:11
and the human being slept on all one together and
1:20:13
we look at the pictures
1:20:15
of the plague hospitals everyone
1:20:17
was on one same bed because bed was an
1:20:19
expensive thing to construct. So, this concept of privacy
1:20:22
is something that is an evolution,
1:20:25
but why is it important? It is for
1:20:27
the reasons that you talked about, you know
1:20:30
the fact that once
1:20:32
you have the mind
1:20:34
space, you have the ability to drop that last
1:20:36
veneer, it is out of that that creativity comes
1:20:39
when you are when the cognitive load of keeping
1:20:41
up these false pretenses,
1:20:43
it may not be false, but it
1:20:45
is slightly you know it is unreal.
1:20:49
I think somewhere in the book I talk about the
1:20:51
fact that people there is a you know in your
1:20:55
bedroom you put on your face
1:20:57
and then you open the door and you get out into
1:20:59
your living room where your guests are, but
1:21:01
in your bedroom you are your real self that is
1:21:03
when you are all alone. But
1:21:05
in order to be able to do that you need to
1:21:07
have that wall to be able to do that because the
1:21:10
moment you are in a public space even if it is
1:21:12
the close your closest friends you are still putting
1:21:15
on some sort of an appearance and
1:21:18
there is a cognitive load to that and I think that
1:21:20
cognitive load comes in the way of creativity
1:21:22
and all the wonderful things that we can do
1:21:24
when we are completely free without the
1:21:26
burden of having to do that. Now
1:21:29
in the slums of the Ravi and that is
1:21:31
a modern like a even
1:21:34
today kind of an example,
1:21:37
but as I did the research we had slums
1:21:39
in New York and you know the New York
1:21:41
that you see now was a very polarized world
1:21:45
and you know particularly in
1:21:47
Boston which is where I start the idea
1:21:49
of the right to privacy there
1:21:52
was a very very fragmented society. There were the
1:21:54
really really poor people who lived in slums that
1:21:56
were no different from the Ravi and
1:21:58
there were the rich people who Good
1:22:00
you know sort of walk around
1:22:02
and get into their houses and
1:22:04
take the veneer off and will
1:22:07
will perfect outside. And the technology
1:22:09
that broke those barriers was photography
1:22:11
and particularly and be a Eastman
1:22:13
Kodak Audible camera know everything. Back
1:22:15
cameras were on a stand and
1:22:18
yet it's still a while a
1:22:20
photograph was taken an easement. Good.
1:22:22
I came up with this thing
1:22:24
to do to carry around with
1:22:26
you and people who. Would
1:22:29
walk around without a video on
1:22:31
the streets related to put on
1:22:33
a new video because someone might
1:22:35
catch them in an unguarded moment
1:22:37
and take a photograph. And.
1:22:40
Then that will be published and
1:22:42
they would see that unguarded version
1:22:44
of them. And so he that
1:22:46
them pop razzi ah of of
1:22:48
definitely wasn't aware that existed. Stripped
1:22:50
away one more live ah of
1:22:52
privacy and and in response we've
1:22:54
all become that much more. Got
1:22:56
it outside because but agree now
1:22:58
with mobile phone cameras you don't
1:23:00
know when someone's gonna take a
1:23:02
photograph of you. were you up
1:23:04
And you've got to be even
1:23:06
more conscious of if you don't
1:23:08
want to get. A into trouble
1:23:11
of maintaining a a these these
1:23:13
appearances even when it out that
1:23:15
evening. The party, even when you're
1:23:17
among friends that you trust, is
1:23:19
a tremendous cognitive load with all
1:23:21
of it. And and so Bluesy
1:23:23
is important for these concepts of
1:23:25
rules here. Importance of. Use.
1:23:28
You the it's important that people, even
1:23:30
if they have access to. Information
1:23:32
about you are prevented from using
1:23:35
it in a way that violates
1:23:37
you know your rights, your your
1:23:40
your personal space and things that
1:23:42
I made out of that that
1:23:44
laws around privacy develop. I'll.
1:23:47
I'll come back to a dumb you know,
1:23:49
the evolution of those laws and all those
1:23:51
that have for a contextual reasons of the
1:23:53
game into being but a couple of things
1:23:55
to double click on first and on one
1:23:57
is there to begin with. you know, I
1:23:59
think. In many ways where are you
1:24:01
know we don't even know ourselves what is
1:24:03
or to says the incense we're we're putting
1:24:06
on an accurate ourselves and we're finally at
1:24:08
a time. Verdict on as you can strip
1:24:10
through that as well that I would argue
1:24:13
that technology eve with from using the don't
1:24:15
an abstract when was as better than we
1:24:17
know ourselves and even shapes us perhaps into
1:24:19
a more extreme version of that by a
1:24:22
sort of going under direction but what really
1:24:24
fascinated mean thinking about how the form of
1:24:26
living node you have was in your privacy
1:24:28
and to live in. A different way and
1:24:31
humans who pointed out on for example them
1:24:33
though you know different civilizations and started building
1:24:35
inward looking houses and your outward facing world
1:24:37
would have a window deck was high so
1:24:39
no one could look in and etc etc
1:24:42
and that leads to these sort of least
1:24:44
two says and oh you know one is
1:24:46
he outward facing sense and one is as
1:24:48
sense in the bedroom and I'm imagining it
1:24:50
is not just her to leave the bedroom
1:24:52
and you put on a face but when
1:24:55
you leave the living room on so you
1:24:57
put on a feast you are constantly changing
1:24:59
feces and. Perhaps becoming part hours and
1:25:01
you know I wonder will the feedback
1:25:03
loop is they go to M I
1:25:05
learned recently from an episode with Good
1:25:08
when the book was looking glass and
1:25:10
on which is determined psychology which indicates
1:25:12
your century shaped by the reflection you
1:25:14
see of yourself in the eyes of
1:25:16
others which is a great reason I
1:25:18
think to keep good company. And here's
1:25:20
my question. I'm trying to think back
1:25:23
on how before this kind of separation
1:25:25
of the personal life in the public
1:25:27
life happens that everybody's watching everybody else,
1:25:29
How the shaping. Of the sense happens, rate
1:25:31
and one and a log in. again I'm taking
1:25:33
a node is I used to be very fascinated
1:25:35
with Big Boss once upon a time acting circa
1:25:37
two thousand and eight to two thousand and nine
1:25:39
a human trait on a tweet at once and.
1:25:44
crazy and i'm like oh this is
1:25:46
great because even though these people know
1:25:48
they have canada's canada's watching them after
1:25:50
little while that it vanishes it vanishes
1:25:52
and this and then i think you
1:25:54
see the to says they cannot hide
1:25:56
the to says it is kind of
1:25:58
dad and i imagine that in a tribal
1:26:00
society where everybody is kind of sleeping around in the
1:26:03
open and whatever little hutments
1:26:05
are for storing grains or whatever,
1:26:07
I would imagine that in those
1:26:09
moments that at one
1:26:11
level there is no pretense, you know the pretense kind of
1:26:13
drops and you are who you are. But
1:26:15
in contrast, I am also fascinated
1:26:18
by the experiment
1:26:20
you have described where a panopticon
1:26:23
was actually built. Right now for my listeners,
1:26:25
I will just sort of simplify this a
1:26:27
bit, you might have heard the term panopticon
1:26:29
and this is basically an idea Jeremy Bentham
1:26:31
had where his idea was how do you
1:26:33
build a good prison, you build a good
1:26:35
prison according to him whether prisoners are being
1:26:37
washed all the time. So, they would not
1:26:39
do anything wrong because they are being washed.
1:26:41
So, it is a circular structure and in
1:26:43
the middle there is this tower and you
1:26:45
cannot look into it, but you can look
1:26:47
out and all around there are these prisoners
1:26:49
rooms with open windows or they just open
1:26:51
to the tower, they can be watched at all
1:26:53
times from the tower, but they do not know
1:26:55
when they are being watched and therefore, it is
1:26:58
like a constant whatever and luckily not many of
1:27:00
these were built, but one was and Bentham by
1:27:02
the way was completely serious not saying this is
1:27:04
a metaphor as I first thought it must be
1:27:07
some thought experiment, but one of
1:27:09
those was built and in your book you describe quote. Prisoners
1:27:12
incarcerated in panopticon style prison
1:27:14
suffered debilitating psychological side effects
1:27:16
that stayed with them long
1:27:18
after being discharged rather
1:27:20
than rehabilitating them as he had hoped
1:27:23
they would. The panopticon ravaged the mental
1:27:25
well-being of his inmates in many instances
1:27:27
driving them mad, their loss of privacy
1:27:29
led to chronic stress, depression and mood
1:27:31
disorders, the living arrangements fostered a sense
1:27:33
of powerlessness and loss of autonomy, but
1:27:35
above all it stripped them of their
1:27:37
individuality and dignity by reducing them to
1:27:40
objects of observation in an
1:27:42
inherently dehumanizing manner stop quote.
1:27:46
And now it strikes to me as I read
1:27:48
this out that this is what happens to a
1:27:50
lot of people with social media as well you
1:27:53
know Jonathan Haidt speaks about the increased rights especially
1:27:55
among teenage girls and mental illnesses
1:27:57
and part of it is the anxiety that there
1:27:59
are is being watched and
1:28:01
they are comparing their real lives
1:28:03
with the projected lives of others
1:28:05
on Instagram and obviously they can
1:28:08
never keep up, it is a
1:28:10
race to an unattainable target. And
1:28:13
you obviously thought about this as lack of
1:28:15
privacy, this feeling of always being watched and
1:28:18
always being judged much more than
1:28:20
I have. So what is your? No, that was the
1:28:22
reason why I actually made the comparison. I was
1:28:24
struck by the fact that we are constantly
1:28:27
being watched. Social
1:28:29
media forces us to engage that
1:28:32
sort of the attention economy and when you
1:28:34
engage you are constantly on display.
1:28:37
And it is not, so there was actually Jeremy
1:28:39
Bentham came up with the idea and he could
1:28:41
never build up an opticon in England but all
1:28:44
over Europe there were an opticons built. I
1:28:46
understand that the cellular jail in Port Blair
1:28:48
was also an opticon, it was designed, the
1:28:51
idea of an opticon was to
1:28:53
have cells that is the prison
1:28:55
cells but the cells are arranged around the
1:28:58
central thing and whether the guard was watching
1:29:00
or not you would never know because you
1:29:02
could not see into the guard but just
1:29:04
the thought that you are being watched changes
1:29:07
your behaviour. And as you read
1:29:10
out that quote it actually you know
1:29:13
over a period of time severely
1:29:15
affects your mental wellbeing, just this thought
1:29:18
that you are constantly being watched. And
1:29:21
then when you think about the performative
1:29:23
nature of social media right now is
1:29:26
no different at all than that same
1:29:28
thing and if you can see the
1:29:30
mental stress that people are
1:29:32
going through just trying to keep up with
1:29:35
social media there has got
1:29:37
to be some parallels. It is
1:29:39
not like you are confined to a space but in a
1:29:41
sense you are confined to a space, you are confined to
1:29:44
performing within that thing. I mean you
1:29:46
just think about Snapchat as an example
1:29:48
they have these streaks that
1:29:50
you have to do with every 24 hours you
1:29:52
got to post something that
1:29:54
is as good as being shackled to a jail, you are shackled
1:29:57
to your camera you got to post something you know it is
1:29:59
like something inane like. you know your sneakers or something like
1:30:01
that. It is you
1:30:04
know the pressure of not breaking your streak
1:30:06
is high, there is social pressure
1:30:08
with not breaking your streak and you know
1:30:10
your entire peer group is like we kept
1:30:13
it going for a hundred days and this
1:30:15
fellow sort of slacked off and so now
1:30:17
we all have to start from here. So,
1:30:20
it is like a lot of pressure and then of
1:30:22
course there is all the Instagram stuff, the
1:30:25
unreal body image issues all of
1:30:27
these sorts of things and
1:30:31
you can see how it is taking a
1:30:34
toll on our lives right now. Now,
1:30:38
the reason I am saying all of this is more by
1:30:40
way of explanation because I think that
1:30:44
as much as we have opted
1:30:46
into it there is clearly something that we
1:30:48
get of value whether it is entertainment, whether
1:30:51
it is vicarious pleasure. So,
1:30:53
I am not qualified to explain
1:30:56
all of those sorts of things. It
1:30:58
is not Indian the panopticon Jeremy Bentham's
1:31:00
panopticon people had committed a crime and
1:31:02
they were incarcerated we are it
1:31:04
is not the same for us. So, I think that
1:31:07
the larger message there is
1:31:11
really around I guess the
1:31:13
addictive nature of some of these technologies and
1:31:16
then to say that once you are caught
1:31:18
into it, once you have been dragged
1:31:20
into the grip of these
1:31:22
technologies that the
1:31:25
mental health and well-being
1:31:28
and the stresses on them if
1:31:31
you look at what happened with the panopticon
1:31:33
you can now start to explain why some
1:31:36
of these are happening. Now,
1:31:39
I as much as I am
1:31:42
an observer of technology I am
1:31:44
a huge techno-optimist and so
1:31:48
I think that we will all sort
1:31:50
of figure this out and get past this.
1:31:52
We are already seeing Christian Harrison people are
1:31:55
that who are Weaning us
1:31:57
off the use of technology. Now the
1:31:59
technology. The holiday itself has figured
1:32:01
out ways in which to wanna sit.
1:32:03
We've been on to the too long
1:32:06
and things like that until Will get
1:32:08
busted. But
1:32:10
I think the bottle what I wanted
1:32:12
to do in that segment of the
1:32:14
book is is to highlight the fact
1:32:16
that these things happen for people who
1:32:18
baths and underwear. Leviticus shed some light
1:32:20
on some of these explanations, trying to
1:32:22
draw battles with things that happened in
1:32:24
the past. I'm not because I'm pessimistic
1:32:27
at all. I think a lot of
1:32:29
people have. Made the most out
1:32:31
of this either. Social media has allowed people
1:32:33
to flourish in ways that the other ways
1:32:35
me not have been able to flourish. And
1:32:37
before Aqua shutdown we had so many creators
1:32:39
in in the country. And
1:32:42
that I was wonderful to watch. I think gear you've
1:32:44
spoken about it and for years but does his way
1:32:46
to squatting. Tic Toc creators of
1:32:49
having you're making a lot of money
1:32:51
coming getting same oh without having to
1:32:53
go to any intermediaries which would get
1:32:55
defeat a Venice is wonderful to watch
1:32:58
but along with that came the about
1:33:00
it them and you have to master
1:33:02
the of i don't see eye to
1:33:04
start bringing weirder and weirder things in
1:33:07
order to. Stay at
1:33:09
the top of the Indus the book of be ago
1:33:11
them. Is a fine
1:33:13
line between east and when. I liked
1:33:15
the democratization of Access but I worry.
1:33:18
About. You. Know what the a lot
1:33:20
of the loo force us to do and co
1:33:22
at what point in time. Does.
1:33:24
Your your of a human need for
1:33:27
a theme in a claim a force
1:33:29
you don't have bought that. He
1:33:32
in your right mind and if he were thinking
1:33:34
said you wouldn't w iron ore I bought by
1:33:36
than do crossover that lane is Israeli society needs
1:33:38
to be ordered the and up with that we
1:33:40
respond to these sorts of things I do not
1:33:42
have announcing these a I guess questions that are
1:33:44
about thirty five things I'm going to double click
1:33:46
on or but after a short break because much
1:33:48
as we do need for him in a claim
1:33:50
As you said we also need foods and will
1:33:53
take a short break or get a bait and
1:33:55
than week and. The
1:34:00
wintertime and pudding used to be Goldilocks one
1:34:02
of the East. It was a have of
1:34:04
social movements of educational institutions. Which
1:34:07
since to see to come into
1:34:09
his beliefs on the policy making
1:34:11
happen said well on his back.
1:34:13
This episode of Money. And
1:34:17
put it on. the quality is an
1:34:19
important step towards establishing the city and
1:34:21
to see do differently to the schools
1:34:23
on the nineteenth and twentieth of January.
1:34:25
Twenty Twenty Four Booties brightest experts, a
1:34:27
business and policies will interact with some.
1:34:30
Of the most eminent economists and
1:34:32
think was a country this particular
1:34:34
event on the trade off that
1:34:36
India was face in the next
1:34:39
decade date else between growth and
1:34:41
quality, level of minted environment, convenience
1:34:43
and technology and boozy professionals and
1:34:45
bureaucrats, academies and students, insiders and
1:34:48
outside experts will gather together to
1:34:50
discuss the shaping of the word
1:34:52
on audience and to register. head
1:34:54
on over to www.bpp F.i and
1:34:57
civil civilian from the show Notes:
1:34:59
Opponent: Public. Policy Festivals: Twenty Twenty
1:35:01
Fourth or Historic City Building towards
1:35:03
a brave new. Like.
1:35:15
Come back to the scene in the unseen
1:35:18
and chatting with travel Martin and you're talking
1:35:20
about his life and privacy and look into
1:35:22
Big. We were just talking about coffee and
1:35:24
you mentioned to keep the Christian episode and
1:35:26
I just got a common getting this morning
1:35:28
from someone about that on twitter somewhere that
1:35:30
he loved. the way it's a Christian described
1:35:32
his coffee making mattered. So take me to
1:35:34
your journey with coffee. So. I
1:35:36
don't have anything like keep his
1:35:38
method for making coffee. I
1:35:42
want to and I in a high. I've
1:35:44
done the traditional route with coffee. Started with
1:35:46
this cafe because you don't know any different
1:35:48
and then of course you realize he other
1:35:50
those shoes world out there. right
1:35:53
now my coffee ritual assessed
1:35:55
of very simple not arrow
1:35:57
press type of a ritual
1:36:01
But I do, I
1:36:03
have selected a set of beans that I
1:36:05
like from a friend who gets it roasted
1:36:07
in his roastery in Oroville and
1:36:10
he ships it to me and
1:36:13
small batch because you
1:36:15
know you want it fresh, put
1:36:18
it grind it myself, put it in
1:36:20
the AeroPress, that is my sort
1:36:22
of morning ritual it takes me 2-3 minutes
1:36:25
and I make my coffee but I really
1:36:27
like that coffee and the reason
1:36:29
why we were talking about this is because I
1:36:31
am about to go down a
1:36:33
rabbit hole with espresso machines. I
1:36:37
do not know maybe I have been tempting fate but the
1:36:39
algorithm has been showing me a lot of really
1:36:42
delicious espresso machines. Like once you click on
1:36:44
one it will show you every other. Yeah
1:36:47
but you know and this is the insidious thing you do
1:36:49
not have to click you just have to pause longer than
1:36:51
normal on the feed and then they
1:36:53
know and some of
1:36:55
these are just delicious I mean you just
1:36:57
watch the espresso coming out. So
1:37:00
I have been slowly sucked in and now
1:37:02
I feel that I should perhaps start
1:37:05
doing the research on what is a good espresso
1:37:07
machine and then let
1:37:09
us see I do not know. What is your relationship with food? I
1:37:11
hear you are quite a foodie as well. Yeah
1:37:14
I like food a lot and I
1:37:18
like just a wide range
1:37:21
of experiences with food and
1:37:23
because I have a good fortune of being able to travel with
1:37:26
work I end up going to a lot
1:37:29
of interesting places and
1:37:32
you can do all sorts of things there.
1:37:35
You could go to a nightclub and you could
1:37:37
drink a lot and for me I just said
1:37:39
look I could
1:37:41
buy things or I could buy experiences and some of
1:37:43
these things are really you know they
1:37:46
cost a lot to buy a
1:37:48
good meal at a Michelin three-star restaurant
1:37:51
but man that experience is worth it. And
1:37:53
it is just the inventiveness of
1:37:56
the chefs, it is the
1:37:58
conceptualization. of each
1:38:00
individual dish or the whole thing
1:38:03
put together and that is really
1:38:05
that is really interesting those
1:38:07
are you know experiences
1:38:09
really worth investing in. It
1:38:12
is a it is a vanecent you know
1:38:14
some of these meals will not last more than
1:38:16
2-3 hours and then you have
1:38:18
to remember it after that because it is
1:38:21
gone sometimes those places
1:38:23
shut down and do not exist. So
1:38:26
I made it a point to whichever place
1:38:28
I go to try and do the research
1:38:30
in advance to try and find you know
1:38:32
the restaurant worth eating at sometimes
1:38:35
that is not enough because these
1:38:38
restaurants open reservations 3 months
1:38:41
in advance and within 1 or 2 hours the
1:38:43
reservations are all gone but
1:38:46
when you can make it work these
1:38:48
experiences are just worth what
1:38:50
sort of doing even for that
1:38:52
short time. What are
1:38:54
the most memorable food experiences you had? So
1:38:57
I ate at Noma when before
1:38:59
it shut down and before it sort of came back
1:39:01
up and all shut down again that was
1:39:04
so interesting because it was the number
1:39:06
one restaurant in the world at that time and
1:39:10
we were because I guess it was
1:39:12
the only Indians eating there we were waited
1:39:15
on by an Indian
1:39:17
starge called Garima who went on
1:39:19
to starge with
1:39:21
Gagan in Bangkok and
1:39:23
then open her own restaurant called Gee which is
1:39:26
doing really well in Bangkok. I
1:39:30
thought you know that was a I think
1:39:32
that the thing the story around Noma
1:39:34
is that they will only cook with
1:39:37
ingredients that they can forage and you
1:39:39
know it is in Denmark which means if you go in
1:39:42
winter you are probably going to get moss that is the
1:39:44
only thing that you will get and
1:39:47
the other really interesting thing is that there is
1:39:49
no lime or
1:39:51
no citrus that grows in
1:39:54
Netherlands it is just not native there. So
1:39:58
if you want to get citrus. taste
1:40:00
what do you do? Well, he took fire
1:40:02
ants, he flash froze them and
1:40:05
he garnished the
1:40:07
dish with fire ants because
1:40:09
if you bite into like
1:40:12
I mean if you squash an ant the formic acid
1:40:14
is out, but if you allow the
1:40:16
ant to be killed with the
1:40:18
formic acid still in there, when you
1:40:20
chew on it the formic acid comes out and
1:40:22
it tastes like lime. So,
1:40:25
you know this is it is just incredibly
1:40:27
inventive to put yourself under
1:40:29
these constraints and then deliver. So,
1:40:32
you know so Noma was interesting because of that there
1:40:34
was that constraint I
1:40:37
think you know some of the so Gagan is like
1:40:40
just wildly creative. I ate at
1:40:44
dinner by Heston in London
1:40:47
where Heston other that you know he
1:40:49
did not do his like really complicated
1:40:51
molecular gastronomy, he just took old really
1:40:54
really really really old English recipes which
1:40:56
you would think could be terribly boring, but
1:40:59
he put a Heston twist on
1:41:01
it and it was modern interpretations
1:41:03
of very old English
1:41:05
recipes. So,
1:41:07
yeah I mean look at you know some of
1:41:09
the one of the best weekends that I had
1:41:11
with food was at
1:41:14
San Sebastian where
1:41:17
we went through a
1:41:19
very traditional restaurant
1:41:22
and then one completely crazy
1:41:24
restaurant where the last item
1:41:27
on the menu was not a dessert it was a savory
1:41:29
thing, no cutlery was
1:41:31
served you have to lick it off the plate and
1:41:34
it was a big dot which was like
1:41:36
the full stock symbolic of the end of
1:41:38
the meal. So, you know crazy things it
1:41:42
is as much the taste is as much
1:41:44
the texture as it is the story
1:41:48
and that experience and things
1:41:50
like that and if you
1:41:52
do it with the with some friends who really
1:41:54
enjoy this it is absolutely worth it, they
1:41:57
are expensive in the context of. That's
1:42:00
a lot to pay for food, but
1:42:03
you know we pay a lot for holidays, we
1:42:05
pay a lot for buying vehicles
1:42:07
and stuff like that. You
1:42:10
put some of that aside and
1:42:12
buy yourself an experience and
1:42:14
you know, force your mind to remember it. There's
1:42:16
no other way you can do it. That's I
1:42:18
think what's beautiful about it. I can take photographs
1:42:20
but the
1:42:23
taste, that experience, there's
1:42:25
no way to do that unless you fix it in
1:42:27
your mind. Is there pressure on you to be mindful
1:42:29
in those moments? There
1:42:32
is in a sense but it
1:42:35
doesn't really matter. You're not being graded on this
1:42:37
afterwards and some of the
1:42:39
memorable muse just stick like
1:42:42
the finance on the stake in
1:42:44
Noma. There is
1:42:46
sticks and yeah,
1:42:49
so there are little things like that.
1:42:52
Beno in San Francisco once again, one
1:42:54
of the finest restaurants I've eaten at.
1:42:57
They serve something that looked like an eyeball but it
1:42:59
was the most delicious thing that I ever
1:43:02
had. That's another extremely memorable
1:43:04
meal. And then of course there's like
1:43:07
really, really good street food in San
1:43:09
Sebastian. There's a place that's known only
1:43:11
for its risen
1:43:15
souffle. And so you
1:43:17
just go there and stacks and stacks of these things
1:43:19
and you just sort of eat it you know off
1:43:21
the wall. There's sort of street
1:43:23
food around the world and I've done
1:43:26
all sorts of stuff. I've done the
1:43:28
insects in Bangkok. I've done
1:43:30
you know whatever
1:43:33
as long as I don't get an upset stomach I'm happy to
1:43:35
do anything. And it's
1:43:38
really the experience. I
1:43:40
enjoy the experience and there are a
1:43:42
lot of very, very good chefs in
1:43:44
India who if you just
1:43:46
ask them, they're just begging for you to ask them
1:43:48
to do something off the menu. Extremely
1:43:51
talented. And you
1:43:54
don't have to go to Denmark
1:43:56
to eat an outstanding meal. You've got
1:43:59
really good food. really good chefs in
1:44:01
the country even people are not
1:44:03
known who are sort of
1:44:05
slaving away with a set menu because that
1:44:07
is what the commerce demands if
1:44:09
you just give them the option to do
1:44:11
something outside there are many in Mumbai there are
1:44:14
many in Bangalore and Delhi and I do not
1:44:16
know all the other cities but it
1:44:19
is really worth doing that food is an
1:44:21
experience as opposed to food is just energy
1:44:24
to get through the day is another way
1:44:26
to think about it. So last week
1:44:29
before I released the
1:44:31
latest episode I asked my writing students right here the
1:44:33
next episode is you know you have to guess what
1:44:35
it is I will give you a one word clue
1:44:37
and the word is Copenhagen and
1:44:40
they were all going off in different directions one of
1:44:42
them said Noma and of course there is
1:44:44
a dad joke at the end of this because it was
1:44:46
a Danish or sane Danish or
1:44:48
sane so they were most upset with me
1:44:50
I think but anyway that aside I remember
1:44:53
I think circa 2017 2018 I went off with a bunch of
1:44:55
my friends on
1:44:58
this kind of thing called which we called
1:45:00
a spice trail where we rented a bus
1:45:02
and ten of us and a couple of
1:45:04
people had flown down from England etc etc
1:45:06
and we took a bus and we went
1:45:09
around Mysore and Bangalore eating basically eight
1:45:11
meals a day eating at all the kind of great
1:45:13
places and it is
1:45:15
just mind-blowing I mean you are so lucky to live
1:45:18
in Bangalore I mean forget the fancy spice trail that
1:45:20
we did the different kinds of biryani with for the
1:45:22
first time in my life in Mysore I had this
1:45:24
pork biryani and you know it
1:45:26
was just the fat was melting on the
1:45:28
rice it was magnificent but just
1:45:30
Bangalore the food is I think
1:45:32
amazing and the best dosas in the world
1:45:34
like oh my god I am glad you
1:45:37
said that because there is a big fight
1:45:39
between Bangalore and Chennai which is the best dosas
1:45:41
and clearly we think that the Bangalore
1:45:43
dosa is the best dosa because it quite frankly
1:45:45
is I mean it is I mean how can
1:45:47
you dispute it after eating no I just find
1:45:50
that there are people who do dispute it and I
1:45:52
am shocked that anyone could think of
1:45:55
anything other than the Mysore masala dosa is the
1:45:57
best thing on the planet but I
1:45:59
am an I do not think it is just Bangalore, I had
1:46:01
a theory which at some point in time I will have the
1:46:03
time to prove, which is that
1:46:05
if you start at the southernmost
1:46:08
tip of India and
1:46:10
you drive up to the northernmost tip of India, stopping
1:46:12
for breakfast, lunch and dinner, my
1:46:14
theory is that you will eat a different cuisine for every
1:46:16
meal. Yeah. I have to prove it, even
1:46:19
within the state of Karnataka, from the bottom of
1:46:22
Karnataka to the top of Karnataka, there is a
1:46:24
different cuisine as you are going up depending on
1:46:26
the part that you are going up. Even within
1:46:28
Mysore, one of the local guys who was with
1:46:30
us pointed out that in a 3 square kilometer
1:46:33
radius, you get 6 different kinds of biryani
1:46:35
or something to that effect, which are all
1:46:37
authentic to that place and they are all,
1:46:39
so it is just, so you know you
1:46:41
earlier said that the great chefs in India
1:46:43
also like a food is amazing if you
1:46:45
just look hard enough, like what a place
1:46:47
to be and if you love food, this is the place.
1:46:49
Yeah. So, I mean I think
1:46:52
just you know you go out and you see
1:46:54
this great, these great feats of cooking,
1:46:56
but you just have to just step out
1:46:59
of the cloister of the restaurants
1:47:01
that you are so used to and go
1:47:03
to some other places and this is amazing
1:47:06
food that is coming out of holes in the world and
1:47:10
you know just a wide variety of
1:47:12
things, we just look at the types
1:47:14
of sweet meats that we have from the south
1:47:16
to the north to the east to the west,
1:47:20
such a variety of desserts and sweets that
1:47:22
you can eat is just mind blowing, not
1:47:25
to mention all the different ways in which
1:47:27
certain things are prepared in
1:47:30
this country. Yeah,
1:47:34
as much as I have eaten around the world, there
1:47:37
is so much to eat and
1:47:39
enjoy, in the end also just the experience of finding
1:47:42
these places and eating there,
1:47:44
you know understanding the history
1:47:46
of why a certain thing
1:47:48
is cooked a particular way. So, very often it
1:47:50
is constraints and because of the
1:47:52
constraint a new type of cooking
1:47:54
or preparation came about. couple
1:48:00
of times on the scene and the on scene and on
1:48:02
everything is everything as well, a lingos from
1:48:04
the show notes, but you should totally write that travel
1:48:06
book where you are going south to north and you
1:48:08
do it first. It is a theory,
1:48:11
I have been testing it with
1:48:13
people to see if I am wrong and most people
1:48:15
like you are agreeing because it is actually
1:48:18
that is even not enough, we could probably do
1:48:20
five meals a day and still find. I
1:48:23
mean I think it would be ludicrous and
1:48:25
unbelievable if you got the same meal anywhere,
1:48:27
there is so much diversity, good YouTube showing
1:48:29
there boss, this is your moment to.
1:48:31
I know, I just got to take time off from
1:48:33
the other stuff that I am doing and go
1:48:36
on a three month road trip or however long it is
1:48:38
going to take to finish this. Yeah,
1:48:40
yeah, I mean come on man,
1:48:42
data governance, privacy is important.
1:48:46
Let us sort of, let us get back
1:48:48
to talking about privacy where you
1:48:50
know the first half, in
1:48:52
fact I love
1:48:54
privacy 3.0, I love both your books and what
1:48:57
struck me about privacy 3.0 is that is
1:48:59
actually two books stretched together where the first half
1:49:01
is just a sort of history of privacy and
1:49:03
how it is evolved and how we eventually landed
1:49:05
up with privacy as a right in
1:49:08
the west and so on and so forth and then
1:49:10
the second half or the second part of the
1:49:12
book is really a detailed look at
1:49:14
what happened over here and they are both fascinating
1:49:16
and they are both really good books in its
1:49:18
own right and we have discussed some of the
1:49:20
first half of the book in the
1:49:23
first half of this episode before the break and
1:49:25
I want to sort of continue down that thread
1:49:28
where we have spoken about how privacy
1:49:31
is actually a consequence of technology.
1:49:33
You have, you know, we are
1:49:35
no longer in hurt, cities happen,
1:49:38
walls happen and privacy
1:49:40
happens and auto privacy emerges, self
1:49:42
reflection emerges, art emerges, the time
1:49:44
to contemplate your navel
1:49:47
emerges, science all of these things happen. So,
1:49:50
tell me about how even in different parts
1:49:52
of the world though they evolve differently. You
1:49:54
have written in your book about how in
1:49:56
Europe there is at one level these monks
1:49:58
need solitude to practice. whatever the practice,
1:50:01
there is this practice of the confessional,
1:50:03
which just in the concept itself there
1:50:05
is a design of privacy because you
1:50:08
are confessing in private to something you
1:50:10
did in private. Right? And
1:50:13
the privacy does not evolve in a
1:50:15
social sense necessarily the same elsewhere in
1:50:17
the world. So, take me
1:50:19
through those sort of middle years of how
1:50:21
people are looking at it, what are the
1:50:23
consequences and how societies are sort of evolving
1:50:25
as a result. Yeah, look I mean I
1:50:27
think the early thesis is in
1:50:29
nature you need no privacy, in fact
1:50:31
privacy is dangerous because your herd needs
1:50:33
to rely on you and then if
1:50:36
you are keeping some secrets the herd
1:50:38
cannot rely on you and so you
1:50:40
know perforce you have to be completely
1:50:42
open. But that is
1:50:44
required when every element of the herd
1:50:47
is should be capable of performing the
1:50:49
same function. But as we
1:50:51
start to specialize as societies start to
1:50:53
rely on certain elements of society for
1:50:55
certain specialized skills you know
1:50:58
you have that ability to
1:51:01
now differentiate specialized differentiate and
1:51:03
that exacerbates in
1:51:05
larger and larger societies and things like
1:51:07
you know you and
1:51:09
I cannot go out and hunt or
1:51:12
even you know farm stuff
1:51:15
to feed ourselves we are completely
1:51:17
helpless creatures if it if we are taken
1:51:19
out of the society that we are in. And
1:51:23
in order to preserve some of that that
1:51:25
is sort of where these constraints come up
1:51:28
you know the walls that we create the
1:51:30
space to think and contemplate that
1:51:32
is where science comes from. Science cannot come
1:51:35
when you are so bothered every day trying to
1:51:37
figure out what to eat. Now that that
1:51:39
is taken care of you can hear the time to sit back
1:51:41
think reflect on why the stars are
1:51:43
moving through the sky, why stuff is falling from
1:51:45
the top to the bottom and you know then
1:51:47
you start getting scientific thought and that
1:51:50
itself furthers greater specialization. And so society
1:51:53
optimizes to encourage that to give people
1:51:55
the space to do all those sorts
1:51:57
of things. But I think you
1:51:59
know. So as we are doing
1:52:02
that equally there is just the pressure
1:52:04
to listen in on some of those conversations.
1:52:09
The flip side of that is some of our
1:52:11
very, very early man instincts
1:52:14
of keeping a watch on other people is fed
1:52:17
by our need for salacious gossip,
1:52:20
our need for trying to basically
1:52:22
pry into that which the person
1:52:25
is keeping private. There is a
1:52:27
deep desire which you see in
1:52:29
paparazzi, you see this as you
1:52:32
are saying this big boss, this
1:52:36
whole interest in reality. Why are we interested
1:52:38
in all of this? Because we really do
1:52:40
want to pry away at that veneer
1:52:42
that people keep so we can figure out who the
1:52:44
real person is. And
1:52:47
given these competing features
1:52:50
there is a need to keep certain things private,
1:52:53
there is a need to impose
1:52:56
legal restrictions on the
1:53:00
ability of someone to pry apart
1:53:02
that veneer. And
1:53:05
you discussed that the whole confessional thing that
1:53:07
is quite it was quite remarkable for me
1:53:09
that you were given
1:53:11
so much privacy but in the eyes of God
1:53:14
and in to his appointed
1:53:16
representative which is the priest in
1:53:19
the confines of that confessional.
1:53:22
You were expected actually to say things that
1:53:25
would be criminal if the king
1:53:27
heard about it you could be killed and
1:53:30
there was still that protection that was given
1:53:33
and continues to be given in some societies
1:53:35
even today. So that
1:53:37
idea that there are private spaces, there
1:53:39
are spaces where you can unburn yourself
1:53:42
in the confessional, the societal need
1:53:44
for doing that and in
1:53:47
Catholic societies you need to do that regularly.
1:53:50
You need to unburn yourself regularly,
1:53:52
it also in
1:53:54
a sense talks about the burden
1:53:56
of carrying this private
1:53:59
self. of the cognitive load of having
1:54:01
to carry it which could be released
1:54:03
every now and then when you confess and you share
1:54:05
it with someone else and you
1:54:07
would only do that if it was a trusted space. That
1:54:12
sort of existed in I guess
1:54:16
the concept of the clergy in
1:54:18
a religious concept but
1:54:20
in the book I talk about how
1:54:22
technology keeps pushing at this
1:54:26
and you know we spoke about confined spaces in
1:54:28
the Ravi and slums around the world. I think
1:54:30
every city in the world has had slums at
1:54:32
some point in time you go to them now
1:54:34
and it looks like they never had it but they all
1:54:37
had it. New York was just the
1:54:39
New York was no different from Mumbai and
1:54:41
the Ravi at a time and
1:54:44
into that this new technology comes which
1:54:46
is the camera which
1:54:49
strips away the protection
1:54:51
that just
1:54:54
because no one could record your presence in
1:54:57
a public space and it
1:54:59
was in reaction to that and just the
1:55:01
whole concept of journalism the
1:55:03
fact that journalists
1:55:07
were selling newspapers on
1:55:10
the basis of some salacious gossip that
1:55:13
the first treatise on
1:55:15
the right to privacy came
1:55:17
about in the US. Warren
1:55:20
and Brandeis wrote that treatise
1:55:22
that the right to privacy that
1:55:25
was published in one of the very very
1:55:27
early issues of the Harvard Law Review
1:55:30
is even today cited as
1:55:32
a seminal document that articulates
1:55:35
that right. It was quoted
1:55:37
in our you know privacy
1:55:39
judgment of the Supreme Court it is quoted literally
1:55:42
everywhere and if you look at
1:55:44
that the reason
1:55:46
for that was really technology. It
1:55:48
was really the camera
1:55:51
the portable camera that
1:55:53
Warren and Brandeis and particularly Warren as I
1:55:56
write in the course of
1:55:58
the research for the book I found. a very very
1:56:00
interesting anecdote about
1:56:03
Warren which is not
1:56:05
part of the popular telling which sort
1:56:07
of talks about how he
1:56:10
particularly was moved to write
1:56:12
that piece because of you know
1:56:15
of heightened sense of privacy that I
1:56:17
think he felt and
1:56:19
I think very often laws
1:56:22
come about like that. So, it
1:56:24
is really an extreme reaction to something
1:56:27
that is felt and
1:56:29
that sort of sets a new norm
1:56:31
or a new standard. If it was
1:56:33
not an extreme reaction there would not be the
1:56:35
need or the desire to enact it
1:56:37
into a law but once there is such a thing
1:56:40
then that is when laws get written. Yeah,
1:56:42
and I found it really fascinating that you
1:56:45
know when those great technologies
1:56:47
of printing press and the portable camera
1:56:49
were created like at one level people
1:56:51
like us would say hey huge net
1:56:53
positive but at the same time you
1:56:55
had naysayers and saying privacy, privacy, privacy
1:56:57
and with some justification in your book
1:56:59
you have sort of written eloquently about
1:57:01
the explosion of newspapers in the United
1:57:03
States where you point out that between
1:57:05
1850 to 1890
1:57:07
the newspapers grew from 100 to 900 and
1:57:09
why there was a market it was not
1:57:11
people looking for insight or news it was
1:57:14
people looking for salacious gossip on those
1:57:16
better off than them in the squalid
1:57:18
cities as they then were that they
1:57:20
lived in. So, you have the printing
1:57:22
press and you have portable
1:57:25
cameras and from these great technologies come
1:57:27
gossip rags and the paparazzi and all
1:57:29
of that. What I also found both
1:57:32
utterly logical and also moving was a story
1:57:34
of how one of the things that had
1:57:36
motivated Warren to do this was the fact
1:57:39
that his younger brother
1:57:41
Edward was homosexual and
1:57:43
was you know in the public gaze not treated
1:57:45
well in the public gaze and so on and
1:57:49
Warren felt a sense of personal responsibility and anger
1:57:51
and he felt aggrieved by this and it sort
1:57:53
of reminded me of that great saying where you
1:57:55
stand depends on where you sit and
1:57:58
you know here he is personally affected. by
1:58:00
someone he loves being treated in this way and
1:58:02
of course you are going to kind of crack
1:58:04
down and maybe commit the hour commit the man
1:58:07
you know it would have been sort of written
1:58:09
anyway but tell me a little bit about how
1:58:12
sort of what we speak so glibly of in
1:58:14
this phrase we take for granted the right to
1:58:16
privacy actually you know
1:58:19
came about so late in the day I think
1:58:21
1890 I think Brandeis and Warren as you mentioned
1:58:23
right wrote their essay and
1:58:25
then it took a few years to get
1:58:28
into recognition of jurisprudence because firstly
1:58:30
there was a problem of what the hell
1:58:32
is privacy even like how you know how
1:58:34
do you have a
1:58:37
right to privacy how does it follow
1:58:39
from whatever liberties you may have and
1:58:41
then later on there are conflations with
1:58:43
copyright that what is copyright and you
1:58:46
know obviously copyright does not they seem
1:58:48
similar in certain respects something you have
1:58:50
written privately has been released when you
1:58:53
did not intend it to so you
1:58:56
know the there was at some point as you
1:58:58
mentioned conflations between that and people trying to
1:59:00
kind of figure that out and then you
1:59:02
had all these gossip racks saying hey first
1:59:05
amendment you know and the first amendment is
1:59:07
also a great technology for safeguarding free speech
1:59:09
but equally they
1:59:12
are using the whole first amendment thing
1:59:15
so tell me about conceptually
1:59:17
the journey that the right to privacy takes
1:59:19
and also how you think about rights per
1:59:21
se because at one point you
1:59:23
sort of refer to all of these rights
1:59:26
as innocence property rights and like
1:59:28
my understanding of rights
1:59:31
really I think comes from that whole Lockean
1:59:33
sense of the right to self ownership right so you have
1:59:36
the right to self ownership and you
1:59:38
own yourself because that's logical otherwise you
1:59:40
know and from that emerge all other
1:59:42
rights like the right to free speech
1:59:44
because then of course you own your
1:59:46
thoughts and the ability to express them and the right to
1:59:48
life and you know you mix
1:59:50
your labor with something the right to property etc
1:59:52
etc so how does
1:59:54
one arrive from there to something
1:59:56
that seems sort of nebulous when
1:59:59
it comes fitting like intuitively I feel
2:00:01
it is a fit but it's hard for me
2:00:03
to explain why and indeed for 200
2:00:05
to 300 years people tried
2:00:07
to do just that. So, tell
2:00:09
me about how you think of
2:00:12
rights, how contemporary judges and
2:00:14
jurists of that time thought about rights and
2:00:17
you know how it gradually became a natural
2:00:19
thing to use a phrase right to privacy.
2:00:22
And look I think this is
2:00:24
really the tension all of us think of rights
2:00:26
in a way lock in kind of a way
2:00:28
that's just sort of the easiest because for
2:00:31
the longest time you know ownership
2:00:34
property and the rights that come out of
2:00:36
that is the natural fit for all of
2:00:38
these things. But as you are saying privacy
2:00:40
doesn't fit perfectly into this copyright
2:00:44
is an intangible is a
2:00:46
right in an intangible property that itself is
2:00:48
an extension right. So, you know what we
2:00:50
understand in a lock in context is the
2:00:53
tangible property either immovable or movable
2:00:55
that you can hold and no
2:00:58
one else can have. But intellectual
2:01:00
property abstracts at one level
2:01:02
up because I can't
2:01:05
remember who it was one of the
2:01:07
founders of the constitution said that you
2:01:09
know it's intellectual property is like the
2:01:11
light from a taper like you know candle light that
2:01:14
I can give you the light
2:01:16
from my taper it can light your taper and
2:01:18
you will have light and I will continue to
2:01:21
have the whole idea that intellectual
2:01:23
property is non-rivalrous
2:01:26
your consumption of it does not
2:01:28
diminish my ability to consume
2:01:30
it and yeah infinitely so I
2:01:33
you know we write a book
2:01:36
of course you need to hold the physical paper
2:01:38
in which it is written or the kindle in
2:01:40
which is pressed to whichever way you want to
2:01:42
manifest. But you know the fact that you own
2:01:44
a book and I own a book in no
2:01:47
way diminishes my enjoyment or your enjoyment unlike with
2:01:49
property and why sit on the property you can't
2:01:52
sit on the property that's just the fundamental nature
2:01:54
of it. And so intellectual
2:01:56
property stretches that lock in idea
2:01:58
by creating this non-rivalrous nature
2:02:00
and privacy stretches even further because it is
2:02:02
not even like an ownership of
2:02:04
anything it is the right
2:02:07
to be left alone and if you think about
2:02:09
Warren and Brandeis the way they articulated it was
2:02:12
very much that. So, the right
2:02:14
to privacy in that treatise is
2:02:18
articulated in the frame of
2:02:20
I must have space where
2:02:22
I can not
2:02:24
be bothered and
2:02:27
that is privacy. Now that has got nothing to
2:02:29
do with the lock-in concept of property it is
2:02:31
not like you want a particular place
2:02:33
where you can go and lock yourself up it is
2:02:35
just if I want you should not
2:02:38
pry into my personal affairs and
2:02:40
you know as you said Ned
2:02:43
his younger brother he just wanted
2:02:45
Ned to have the space
2:02:48
to be homosexual or you know to do
2:02:50
what it is he wanted to do
2:02:52
without society judging him. This
2:02:55
cannot be expressed in terms of property in the way
2:02:57
that lock I mean we could really
2:03:00
try and find the lock-in explanation for this but
2:03:02
that would be stretching things way too far and
2:03:05
so I think you know what I
2:03:07
the conclusion I have come to really is that rights
2:03:10
need to be expressed in terms of
2:03:12
what you want to achieve by
2:03:15
establishing them either
2:03:17
what are the protections you need or what are
2:03:19
the spaces you want to create you know we
2:03:22
say space you want to create you go back
2:03:24
to a very property kind of a construct but
2:03:26
it is also a space in the mind it
2:03:28
is also you know freedom
2:03:30
to do things and
2:03:34
by their very nature the
2:03:36
construction of a new right that like the right
2:03:38
to property will need
2:03:40
to carve space out
2:03:43
for itself among
2:03:45
other competing rights and as
2:03:47
you mentioned the competing right at that point in time particularly
2:03:50
with journalists and newspapers
2:03:52
was the right to free speech and
2:03:55
we've always had this construct as
2:03:57
we think about rights that my right
2:04:00
ends when your right begins and
2:04:02
you know so. My fist stops
2:04:04
where your nose begins. Where your nose begins. Right so
2:04:06
that is the famous sort of thing and I think
2:04:09
if you think about privacy in that context
2:04:12
your right to free speech ends
2:04:15
where my right to privacy begins. You cannot claim
2:04:18
a right to free speech if in doing
2:04:20
so you are violating my privacy. Now
2:04:23
where that line is drawn
2:04:25
depends on who you are and
2:04:27
there is much use for the fact that if
2:04:29
you are a celebrity or a public figure that
2:04:32
line is drawn very differently from if
2:04:34
you are a private person. But
2:04:37
even so you know where do you draw
2:04:39
that line if you draw that line
2:04:41
incorrectly you result in
2:04:44
celebrities like Lady Diana meeting her
2:04:46
death and you know so society
2:04:48
is got to navigate that line
2:04:51
carefully and I think that
2:04:53
is sort of part of the tussle of
2:04:56
rights in society trying to
2:04:58
find out where that line
2:05:01
is I think you cannot claim privacy
2:05:04
where to do so would
2:05:06
harm the interests of
2:05:09
society. So the
2:05:11
government cannot claim that it has a right to privacy
2:05:13
over what it does when it is
2:05:15
doing things in the public interest and that is why
2:05:17
you have the right to information. But the right to
2:05:19
information cannot extend to collecting private information
2:05:22
of the government holds is part of the
2:05:24
exercise of its governance
2:05:27
function. So these are the
2:05:29
sort of difficult things and we are
2:05:31
talking about this in sort of binary terms
2:05:33
but it is absolutely never binary it is
2:05:36
always in every instance context
2:05:38
sure and so I struggle
2:05:40
to say any of these things
2:05:43
in absolute terms because we
2:05:46
need to take a look at what it is and
2:05:48
we will use our best judgment at that point in
2:05:50
time to see what is which best interest is served
2:05:52
the interest of shining a
2:05:54
light or actually drawing the curtain over this
2:05:56
to protect someone's privacy. It was
2:05:59
so much Jefferson in fact. to say, quote, he
2:06:01
who receives an idea from me receives
2:06:03
instruction himself without lessening mind as he
2:06:05
who lights his taper at mind receives
2:06:07
light without darkening me, stop, quote. And
2:06:09
you are right that the right to
2:06:12
intellectual property cannot really arise coherently from
2:06:14
the right to self-ownership and the only
2:06:16
way to arrive at it and I
2:06:18
am thinking aloud, obviously, you
2:06:20
know, you are the scholar and I
2:06:22
am just thinking aloud, but it would
2:06:24
seem to arrive from this consequentialist sort
2:06:26
of argument where you look at incentives
2:06:28
and say that creators need incentives to
2:06:30
keep creating and therefore intellectual property
2:06:33
is important for that flourishing
2:06:35
of creativity to happen. But
2:06:37
then the moment you move into a consequentialist
2:06:39
argument, you know, my
2:06:42
issues with consequentialism always
2:06:44
are that you can never know
2:06:46
the consequences of anything and therefore you can make
2:06:48
an argument for any damn thing and,
2:06:52
you know, come at a view of the world and
2:06:54
a normative view of the world that way. So,
2:06:56
you know, I find like when
2:06:59
I was much younger, I used to,
2:07:01
you know, look at the Lockean view and think of
2:07:03
natural rights and I would look at everything just through
2:07:05
that lens. Now, obviously, at
2:07:07
this point, I do not believe that natural
2:07:10
rights are coherent in any way. Obviously, they
2:07:12
are a human construct. If society is to
2:07:14
function, we need some framework within which we
2:07:16
organize, you know, how we behave. But
2:07:19
what is that framework? How do we arrive at it?
2:07:21
Like, is this a question that, you know, you have
2:07:23
struggled with? What is your conception of rights
2:07:26
from which one can arrive at all of
2:07:29
these? So, I do not necessarily
2:07:31
have, so, you know, I think you write
2:07:33
this, the natural right
2:07:36
idea is outdated in
2:07:38
our current context. I
2:07:42
tend once again to resist
2:07:45
trying to form very clear
2:07:48
binaries around these sorts of things that I like
2:07:51
to take a more Bayesian approach to,
2:07:53
you know, constantly revalidate my priors based
2:07:56
on new information. And
2:07:59
that is why I. you know I mentioned in
2:08:02
my last intervention that it is
2:08:04
a you know it
2:08:06
is a contextual, so many of
2:08:09
these things are contextual. I
2:08:11
think it is important to gather
2:08:14
appropriate context of
2:08:18
all the various elements at play that
2:08:21
would include an understanding of the
2:08:23
rights of all the parties at play,
2:08:25
the rights of society, the larger your
2:08:28
rights of sections
2:08:30
of society and trying
2:08:32
to find a answer
2:08:36
or navigate a path through
2:08:38
all of this that affects the
2:08:40
least number of people but and at the same
2:08:42
time you know achieves the greatest
2:08:45
larger good. That is what the only
2:08:48
way to think about this I think you know you
2:08:50
can take a particular situation
2:08:53
you will at any one point in time
2:08:55
have several competing rights. You
2:08:58
have to now find a path where a significant
2:09:01
percentage of people will find their rights
2:09:03
are infringed upon in the boldest
2:09:06
way of saying it. You are
2:09:08
it is incumbent upon you to find
2:09:10
the path which is
2:09:12
I guess in a sense in a
2:09:14
very utilitarian sense the greatest good. Now
2:09:17
do you think about the greatest good in this point in time, do you
2:09:19
think about the greatest good a century from
2:09:21
now? Cosh these are such
2:09:24
complicated things to think about and
2:09:26
we often do not have that kind of luxury of
2:09:29
hindsight as we are making these decisions
2:09:31
here snap decisions. But
2:09:33
I think as we think about this
2:09:36
we probably have to cut
2:09:38
ourselves some slack, cut the people who take decisions
2:09:41
some slack given all of those things and you
2:09:43
know try and find a way through this that
2:09:46
affects the least people and puts
2:09:49
us sort of on a upward trajectory
2:09:51
at all times. Then I guess
2:09:53
here the practical way to look at it is that
2:09:56
all of it is a political negotiation and not political
2:09:58
in a pejorative sense but a political negotiation. between
2:10:00
interests and values and you just kind of try
2:10:03
to cope with each moment the best you
2:10:05
can as it comes and you know the
2:10:07
kind of ethical dilemmas we are facing today
2:10:09
with AI for example something that does not
2:10:11
fit into any pre-existing framework you got to
2:10:13
kind of throw it all out and
2:10:15
start. Does and does not you know I mean I think that
2:10:17
this is the other thing that I have
2:10:19
learned you know I
2:10:22
know you like to talk about podcasts and things
2:10:24
that have influenced you one I do
2:10:26
not know if you have listened to is called
2:10:29
pessimist archive which is now called build for
2:10:31
tomorrow essentially it is the best
2:10:34
archive of you
2:10:37
know techno mania where new technologies
2:10:39
come and people have just gone
2:10:41
completely bunkers about how it is
2:10:44
going to affect society and
2:10:46
they you know he goes through this whole he
2:10:49
talks about all these technologies you find the technology
2:10:51
is talking about are like the bicycle or the
2:10:54
telegraph or you know things that
2:10:56
completely benign with the benefit of
2:10:59
hindsight but at the time was
2:11:01
so completely revolutionary that
2:11:03
people thought that all of society is going to
2:11:05
come crashing down because the new technology was coming
2:11:07
and the reason I mentioned
2:11:09
that is that we you know
2:11:12
if you say that the ethical issues
2:11:14
with AI are such
2:11:16
that you know we cannot even think of I mean I
2:11:19
am I argue with that I would say that we
2:11:21
have been here before we just need
2:11:23
to find the parallels and at least you may
2:11:25
not find the answers because of course AI is
2:11:28
capable in ways that previous technologies were not but
2:11:30
our fears we tend to repeat
2:11:33
our fears and I if anything
2:11:36
knowing that we have been through this before
2:11:38
we felt these fears before and we survived
2:11:40
as a species will at least give us
2:11:42
the comfort to be able to plot through
2:11:44
this one and be sure that at
2:11:46
the end of this there is going to be you know the
2:11:48
world is not going to end. So, to
2:11:50
sort of go off on a tangent here but one
2:11:53
situation that we have not encountered before
2:11:55
in any form and that raises a
2:11:57
meta question about us our own. morality
2:12:00
and self-regard to begin with is a
2:12:02
question of what happens in that hypothetical
2:12:04
situation and I think at some point
2:12:06
inevitable situation only when it happens is
2:12:08
a question when we have
2:12:11
AGI that is sentient innocence
2:12:13
or metaphorical sense at least
2:12:15
and that asks of us the question that
2:12:17
I am superior to you in every way
2:12:19
except I don't have the weaknesses of being
2:12:21
organic matter that is doomed to die but
2:12:23
in every other way I am superior, why
2:12:25
should I be your slave and not the
2:12:27
other way around, why should
2:12:29
I not be of equal moral consideration
2:12:31
at the very least and the meta
2:12:34
question that raises is that what
2:12:36
the hell is so special about us like
2:12:38
by default because we are thinking walking,
2:12:40
culturing creatures, we put ourselves on a
2:12:42
pedestal of our other animals and most
2:12:44
of us would say that morality ends
2:12:46
with human beings it's restricted to our
2:12:48
species and whatever but I think for
2:12:51
the first time ever and no technology
2:12:53
of the past has done this as
2:12:55
far as you know I can think you
2:12:58
know that is coming into question the very nature
2:13:00
of humanity like I think a lot of the people
2:13:02
who express skepticism or fear
2:13:04
about AI are actually
2:13:06
overestimating both the intelligence and the
2:13:09
ability and the value of human
2:13:11
beings. We are not really as smart
2:13:13
as we think we are and you
2:13:16
know I mean you and I are having
2:13:18
this conversation after being trained on much
2:13:20
smaller LLMs and you know what the
2:13:22
later generative AI has and we have
2:13:25
not even of the smallest the
2:13:27
tiniest fraction of processing power of
2:13:30
that much smaller LLM you know and yet
2:13:32
we underestimate them and we overestimate us but
2:13:34
leaving intelligence aside just a moral question is
2:13:36
something that has never struck us I mean
2:13:38
I don't have any existential fears about this
2:13:41
I don't even think our species is so
2:13:43
great that it's worth saving if anything was
2:13:45
to happen I mean law of
2:13:47
truly large numbers is one day we will be extinct but
2:13:51
you know this is a sort of a new question and there is
2:13:53
new time. I mean look you've so
2:13:55
this is an entire podcast and to go down
2:13:57
this path But
2:14:00
I think you know we probably do
2:14:02
not have the time many things that you
2:14:04
said which now I have to unpack. Please
2:14:06
please. One is that you
2:14:09
know this so yes of course
2:14:11
it is certainly possible that we
2:14:13
could create sentience in
2:14:17
silicon as it were which could
2:14:19
ask these questions. It
2:14:22
is possible but the thing you have to ask is
2:14:24
it likely and are we
2:14:27
not anthropomorphizing these
2:14:31
constructs that I am not going for
2:14:33
a moment into whether LLMs are capable
2:14:35
of having sentience. I will
2:14:37
answer that separately but just to assume that
2:14:39
there is a form
2:14:41
of artificial intelligence or there
2:14:43
is a form or you
2:14:46
know something that we know where it started
2:14:48
in a sense we have created
2:14:50
it and now it gets the
2:14:52
point where it has a morality where
2:14:54
it starts to ask these sort of these sorts
2:14:56
of questions. You
2:14:59
have to understand that is unprecedented in
2:15:01
our knowledge. And by the way there is a film
2:15:03
that deals with exactly this question which has the same
2:15:05
name as your podcast. Did you name your podcast after
2:15:07
X machine? I did. Oh wow.
2:15:10
So I was sitting with Sukumar from who
2:15:13
is now Airs and Chief of Film and Sometimes and
2:15:17
I think your name for the column
2:15:19
and I said Lex McKenna and he said oh X McKenna
2:15:22
lovely movie I said yeah you know I want to call
2:15:24
it X McKenna but I did not think you would go
2:15:26
with it so I tried to put this law Lex kind
2:15:28
of thing but he loved it and
2:15:30
it has been called X McKenna ever since. So yes
2:15:33
in fact there is a movie which talks about
2:15:35
a robot an
2:15:38
android that develops sentience but
2:15:40
you have got to understand that you know there are many
2:15:42
directions in which this could go and
2:15:45
I do not
2:15:47
think there is any need for
2:15:50
the intelligence that we create to actually
2:15:52
become us. They
2:15:54
said that movie called Contact is
2:15:56
it? Also Gone. No
2:15:59
then it is not Contact. It is arrival sorry, arrival. Right, great
2:16:01
fun then you find out. Now,
2:16:03
if you think about arrival the
2:16:05
whole premise of the that movie
2:16:08
is communication. We
2:16:11
communicate in a particular linear kind of
2:16:13
a way, but they have a completely
2:16:15
different form of communication which is the
2:16:17
same thing all at once at the
2:16:19
same time. I like
2:16:21
to think of artificial intelligence along those lines. We
2:16:25
are worried that it will become us and
2:16:27
so it will displace us. I
2:16:29
am more worried that it will become something that
2:16:31
we cannot comprehend. It has
2:16:34
no it you know we are as insignificant
2:16:36
as insignificant as a fly to them. They
2:16:39
go on a completely different path. They do not need to destroy
2:16:41
us. They do not need to why would they want to do
2:16:43
all those kinds of things if it is if
2:16:45
they are thinking at all
2:16:47
points in time at the same time you
2:16:49
know that sort of the way in which the
2:16:52
aliens and arrival communicate. So
2:16:56
yes, we always worry about all sorts of things
2:16:58
and if there is one thing that history has
2:17:00
shown us about technology it is that
2:17:02
the thing we worry about is very often not the thing
2:17:05
that actually happens. I
2:17:07
wrote a piece sometime back called the great manure
2:17:09
crisis of 1891 where I talk about the
2:17:12
fact in 1891 the big worry of
2:17:15
people was that the streets of the
2:17:17
metropolitan cities of the time would
2:17:20
be so filled with cow dung that people
2:17:22
have to evacuate to the first floor because
2:17:24
that was the reality. The
2:17:27
streets of becoming busier and busier and the only
2:17:29
way in which people are getting around was on
2:17:32
horse carriage and so
2:17:35
much dung was being left
2:17:37
on the streets that you know they used to be
2:17:39
giving it to farmers outside the city and the farmers
2:17:41
refused to take it because they said we do not
2:17:43
have we cannot use your cow dung anymore you have
2:17:45
your horse dung anymore. And
2:17:48
of course turn of the century that
2:17:50
did not happen because automobiles came and
2:17:53
immediately no one used
2:17:56
horse drawn carriages. So the
2:17:59
thing that we. fear as
2:18:01
the evil consequence of technology almost
2:18:04
always is
2:18:06
not the thing that actually happens. There
2:18:08
is another even worse consequence that happens and
2:18:10
of course the cars came and now we
2:18:12
have got climate the climate crisis and we
2:18:14
would really love to go back to
2:18:16
horse drawn carriages and I am sure we would find
2:18:19
inventive ways in which to get rid of the
2:18:21
manure. My firm belief is the climate crisis will
2:18:23
end as a manure crisis rate but carry on.
2:18:25
That is exactly the point of that article which
2:18:27
I wrote a long time back but
2:18:30
with the disappointing
2:18:33
news from COP28 I feel that we will
2:18:35
have to probably wait another few years
2:18:38
to figure out but I strongly
2:18:40
believe that that is the way in which the
2:18:42
climate crisis will end. Please do not tell my
2:18:44
partner Akshay Jaitley because he is invested
2:18:47
a lot in getting the energy
2:18:49
transition sorted out. But
2:18:52
I believe it will happen in you
2:18:55
know with some technology that we
2:18:57
have not fully seen or that exists now
2:18:59
but which will suddenly assume
2:19:02
a shape that is very
2:19:04
different. I do not say that just
2:19:07
because I am hopeful I say that because time and
2:19:10
again this has happened. We
2:19:12
have had many opportunities to destroy ourselves as a planet as
2:19:16
a species and somehow by the skin
2:19:18
of our teeth we managed to get past that and
2:19:21
I feel it will be something Latin. So,
2:19:23
to bring come back to the AI question that
2:19:25
you asked I think that
2:19:27
you know the real fear may be something
2:19:30
completely different and just to
2:19:32
sort of close
2:19:34
the loop on that I do not think the
2:19:36
LLMs that we are dealing with now are anything
2:19:38
close to what we need from AJI. I
2:19:41
think this is. I agree. I
2:19:43
think you know judging AI by the
2:19:45
LLMs today is like judging computing by
2:19:48
those mainframe computers of 1954 which
2:19:50
filled a room and had like 2 MB memory. Exactly.
2:19:53
And more importantly that were not
2:19:56
networked. I mean I
2:19:58
think you know the moment networked computing came. everything
2:20:00
completely changed. So the internet fundamentally
2:20:03
changed everything and
2:20:05
so the LLMs they are autocomplete
2:20:07
on steroids very very interesting
2:20:09
but I do not see these
2:20:13
things gaining you know
2:20:15
knowledge and gain the ability to do things. It
2:20:18
is very possible that there are other
2:20:20
computational paradigms that could go in that direction.
2:20:22
I mean I look at machine learning eventually
2:20:24
getting there. You know
2:20:27
I think see that there is
2:20:29
a very interesting book by Daniel Pearl which is
2:20:31
called the book of why and
2:20:33
he says that I
2:20:36
am paraphrasing it there is a lot of math and
2:20:38
that they do not understand but you know essentially LLMs
2:20:41
are what comes next. Daniel
2:20:44
Pearl says that there is a way to
2:20:46
also get intelligence around the question
2:20:48
of why. So if you
2:20:50
give a baby a
2:20:52
fruit the orange and then you give
2:20:54
a baby an orange ball there is no way that the baby is
2:20:56
going to confuse one for the other. It has never seen
2:20:58
an orange ball before but it knows the fruit from
2:21:00
the ball. How does that happen? It
2:21:03
is this ability of relating
2:21:05
you know similar but different things that
2:21:07
humans are uncannily capable
2:21:10
of doing. But
2:21:12
the current LLMs and
2:21:14
this current way of thinking about this are
2:21:17
not able to do that not able to
2:21:19
answer the question why. I
2:21:21
agree with that but machine learning goes in a different
2:21:24
direction like what we saw Alpha Zero do in chess
2:21:26
for example that is obviously a limited
2:21:28
purpose game much easier to solve and all of
2:21:30
that. But it is essentially a
2:21:32
machine teaching itself how to play asking the wise much
2:21:34
better than any human could and doing things where we
2:21:37
cannot understand why it did them but we know that
2:21:39
it is right and we are learning it from them.
2:21:42
And that works in the
2:21:44
extremely constrained environment in which
2:21:46
Alpha Go is operating. You
2:21:49
know the rules of Go are
2:21:51
extraordinarily simple. It
2:21:53
is a very very complex game
2:21:56
the permutations are more than I
2:21:58
guess the whatever. grains of sand in the
2:22:01
universe or something like that but it is a very
2:22:03
simple game. You know in your book
2:22:06
itself you have written about the miracles of medical
2:22:08
diagnosis that are coming from AI and
2:22:10
like one startling fact I remember which is again
2:22:12
a machine learning fact in the medical field. I
2:22:15
produce a podcast for my friend Vasandhar called Brave
2:22:17
New World and I think he did an episode
2:22:19
early on with Eric Topol if I am not
2:22:21
mistaken because Eric is a great guy and he
2:22:25
spoke about this medical thing and it could have
2:22:27
been some other guests so apologies but I will
2:22:29
link it from the show notes where that
2:22:32
apparently now AI can look at your eyes
2:22:34
retina and tell you whether you are male
2:22:36
or female and humans have not figured out
2:22:38
how the hell it is doing that humans
2:22:41
cannot do that we do not know how
2:22:43
it is even possible but a machine can
2:22:45
do that. And absolutely and
2:22:47
I have heard that I
2:22:50
think you know human radiologist as a job
2:22:52
that job is I would not say it
2:22:54
is gone but I think it
2:22:56
is fundamentally changed because AI can
2:22:59
look at scans radiology
2:23:02
scans and can
2:23:04
spot malignancies in
2:23:07
a way that far exceeds the
2:23:09
capability of a human radiologist. Now there is
2:23:11
a role for human radiologist because that it
2:23:14
is not just spotting it is also sort of figuring out what
2:23:16
you have to do but in the
2:23:18
act of spotting because it has
2:23:20
the ability to identify shades of
2:23:23
difference in an image that are
2:23:25
beyond the ability of a human
2:23:27
eye to see it
2:23:29
far exceeds our capability. So yeah
2:23:31
absolutely I mean I think there is
2:23:33
incredible things that AI
2:23:36
can do but just to stick
2:23:38
with the example this radiology scan the
2:23:41
AI that is able to identify a
2:23:43
malignant lesion on your
2:23:45
skin is not
2:23:47
able to reason that that malignant
2:23:50
value that sort of dot is
2:23:52
actually a grease stain and not something
2:23:54
that is on the skin. So we have
2:23:57
got very powerful narrow
2:23:59
intelligences. But humans
2:24:01
are brilliant at actually correlating
2:24:03
these completely different things, bringing
2:24:06
that intelligence, bringing that real world understanding
2:24:09
of you know not believing what their
2:24:11
eyes are seeing, correlating it to
2:24:13
other things and coming up
2:24:15
with you know answers on their own. And
2:24:18
I think LLMs and this
2:24:21
sort of you know transformer based
2:24:23
knowledge is limited in this way.
2:24:26
And Daniel Pearl's idea of going
2:24:28
down you know this reasoning and
2:24:31
so you know when this whole Sam Wartman thing happened and
2:24:33
they talked about Q star there was a big controversies
2:24:36
after he got reinstated that this Q
2:24:39
star is the
2:24:41
LLMs understanding maths
2:24:43
and therefore being able to reason because
2:24:45
you know it is one thing answering
2:24:48
a maths question on the basis of a
2:24:51
million maths papers that you
2:24:53
have ingested. Here is another thing reasoning
2:24:55
out the answer to that from scratch now that
2:24:57
is pretty scary. And if
2:24:59
the reason why Ilya Satska actually threw Sam out
2:25:01
of the board was because we had got
2:25:04
to that level I would completely
2:25:06
endorse that decision I think that would be something we got
2:25:08
to be really careful about.
2:25:11
So, is Q star that I think everyone sort
2:25:13
of rubbish it and said Q star is not
2:25:15
that and whatever we do not know. And
2:25:18
if we have got LLMs that are or you
2:25:20
know if you got intelligences that are capable of
2:25:23
reasoning maths problems that
2:25:26
is certainly something that I would be I
2:25:28
would be worried about because once they are
2:25:30
capable of doing that then
2:25:33
they are capable of sort of putting
2:25:36
orthogonal things together and maybe asking the question you
2:25:38
asked when we went down this totally
2:25:41
unnecessary digression you
2:25:44
know what is the point of this human who is
2:25:46
pulling the buttons is there something better to do maybe
2:25:48
we could nothing that I have seen so
2:25:51
far seems to suggest that the
2:25:53
LLMs are doing that. But if this
2:25:55
Q star is what they say it is you know who knows maybe
2:25:57
it is something we are worried about. No
2:26:00
digressions are necessary. You speak about, you speak
2:26:02
like time is something that is finite and
2:26:04
it's a scarce resource and come on, life
2:26:07
is meaningless anyway. I'm
2:26:09
totally in the acceleration camp, as we
2:26:11
frankly that if the faster we get
2:26:13
to AGI, it's cool. I
2:26:15
don't really care about the consequences for us. I don't
2:26:17
think there'll be any. I think we'll just find better
2:26:20
ways to be better versions of ourselves and live
2:26:23
much better lives and I don't think it's an existential threat
2:26:25
and even if it is so what. You
2:26:28
know, another sort of data point from your book
2:26:30
itself, like, you know, when you speak of
2:26:32
malignant tumors, if we go a little upstream, we
2:26:35
come to the genome, which is, you know, the
2:26:37
root cause of so many things and as you
2:26:39
pointed out that all the
2:26:41
big data that is coming from the
2:26:43
genome can now be processed and used
2:26:45
by AI to figure out stuff about
2:26:47
us that again we don't know.
2:26:50
So I'm sort of an optimist about that
2:26:52
but my original question wasn't
2:26:54
really the alarmist question of what if
2:26:56
AGI comes and makes us slaves, you
2:26:58
know, Jefferson had slaves, we'll be AGI
2:27:01
slaves. That wasn't my question at all.
2:27:03
It was more a question of what is the
2:27:06
basis of our morality, which I was sort
2:27:08
of, but I mean, that and orthogonal
2:27:10
questions like, you know, what kind of laws
2:27:13
are justifiable or just will lead us around
2:27:15
endless rabbit holes. Let's instead
2:27:17
go back in time and go
2:27:19
back to another great technology which must
2:27:21
have seemed so incredibly scary at the
2:27:23
time, which is a post office and
2:27:26
I want you to take me through
2:27:28
the evolution of understanding
2:27:30
the spread of data. Like
2:27:33
if you're living in prehistoric times, your data is very limited.
2:27:35
It is based on what you see in here, you keep
2:27:37
it in your brain and over time
2:27:39
there is a soot slow growth in that the
2:27:41
printing press of course happens. But
2:27:43
with the post office, those fears
2:27:45
kind of explored and privacy fears
2:27:48
especially explored because you might
2:27:50
think that the act of writing a letter
2:27:52
and putting it in sealed envelope is a
2:27:54
guarantee of privacy. But somebody at the post
2:27:56
office could easily, you know, read it. I
2:27:58
was just watching a crime series yesterday. day with
2:28:00
the postman did it and the person explains
2:28:02
that nobody ever sees the postman you know, so
2:28:04
you can blend into the background. So,
2:28:07
and you speak about how Benjamin
2:28:09
Franklin when he was in charge of the
2:28:11
post office he made all his men swear
2:28:14
that they will never open envelopes and if
2:28:16
I was made to swear that and I
2:28:18
was not given to opening envelopes anyway I
2:28:20
would begin just because I had been forced
2:28:22
to do such things Franklin coercion. So, tell
2:28:24
me a little bit about that because to
2:28:26
me that is when as you as you
2:28:29
know you have an eloquent chapter in your
2:28:31
book called the currency of information about exactly this.
2:28:34
Tell me about this because the explosion of data
2:28:36
and the easy dissemination of data then you
2:28:39
know plays such a huge part in
2:28:41
privacy coming center stage. Yeah, no I
2:28:44
mean absolutely I think all sorts of
2:28:46
technologies allow information to move and if
2:28:48
you just go right back to the
2:28:50
beginning information was in our
2:28:52
head once we
2:28:54
invented script not
2:28:56
language script which came many, many
2:28:58
centuries after language. We were able
2:29:00
to then make that information
2:29:03
permanent by writing it on a clay
2:29:05
tablet or on paper etcetera but because
2:29:07
we had no technology other
2:29:09
than just is amorphous technology of a script it
2:29:12
was not disseminated and of course as we discussed
2:29:14
earlier the printing press makes it
2:29:16
possible for it to disseminate but that
2:29:19
allows us to make many copies the
2:29:22
invention of the postal service actually
2:29:24
allows information to travel great distances
2:29:27
and you know of course the
2:29:29
you just stick with the evolution of
2:29:32
technology after that comes telegraph.
2:29:34
So, you know you can get wires which
2:29:36
means you do not have to wait for
2:29:38
the pony to reach that place you can
2:29:40
actually send it virtually immediately through the wire
2:29:42
then you have radio where even without wires
2:29:44
you can get it and that is just
2:29:46
the voice and then you have television where
2:29:48
you can get it you have voice and
2:29:50
image. So, you can see how with
2:29:54
each evolution of technology there is
2:29:56
greater fidelity in the information that
2:29:58
is being transmitted it is. happening
2:30:00
much quicker, you know there
2:30:03
was an arbitrage when you had the
2:30:05
post office. The person who
2:30:07
had a telegraph had an arbitrage over the
2:30:09
person who depended on the Pony Express and
2:30:12
you could make money out of it and now
2:30:14
that very same arbitrage we are seeing at the
2:30:17
stock exchange where you have got these
2:30:19
co-located servers with brokers in
2:30:21
you know like milli milliseconds making
2:30:24
trades completely algorithmically to take
2:30:26
advantage. So the point
2:30:28
in all of that is that you know technology
2:30:31
has allowed information
2:30:34
to flow one
2:30:36
has just allowed it to flow and to
2:30:39
allow it to flow increasingly quickly
2:30:42
and there is a huge value
2:30:44
to all of us and having information move
2:30:46
very quickly and in
2:30:48
the pursuit of that we sell
2:30:51
ourselves to these technologies and sometimes
2:30:54
we do not realize it as we are doing that
2:30:56
we are exposing ourselves to privacy
2:30:58
harms that never existed
2:31:01
in the past you would never think of feeling something
2:31:03
because you would hand it over to the person why
2:31:05
would you worry about feeling it. But if
2:31:07
you are handing it over to an intermediary who is carrying it and
2:31:11
there is some interest in knowing
2:31:13
that information either just you
2:31:15
know the vicarious knowledge of what is
2:31:17
happening or there could be some you
2:31:19
know as Jefferson was worried there could
2:31:21
be state secrets there could be you
2:31:23
know concerns about other people knowing certain
2:31:26
information that was important to the state you
2:31:29
have to then find other belts
2:31:31
and basis to prevent this from happening. And
2:31:34
I think that is the origin of laws
2:31:36
around privacy where you actually piece made people
2:31:38
swear that they would not the next evolution
2:31:40
of that was to make a law that
2:31:42
makes it punishable to do that and that
2:31:45
is how things like the official secrets act
2:31:47
come out because that is the best you
2:31:49
can do you can make it a law
2:31:51
you can make it a capital crime because
2:31:53
it involves risk to the sovereignty of the
2:31:55
state but people still do it
2:31:58
they will push to that
2:32:00
point and I think in
2:32:03
a lot of the book I actually talk about
2:32:05
this tussle there is
2:32:08
one the great benefit that we can get
2:32:11
with evolutions of technology that allow
2:32:13
us to access information in greater
2:32:15
fidelity. But with each
2:32:17
evolution of technology there is
2:32:19
a compromise that we being forced to
2:32:22
make that we do not fully realize the time that we
2:32:24
buy into the technology but that a
2:32:26
decade or so in whatever the time frame
2:32:28
is we start to discover. And
2:32:30
if you think about the internet the early days of the
2:32:32
internet we loved it because the encyclopedia
2:32:34
I had was the new book of knowledge that
2:32:36
my mother bought for me and it was that
2:32:39
the source of knowledge but it seems so like
2:32:41
trivial compared to Wikipedia and
2:32:44
forget about Wikipedia now all of the internet
2:32:46
is available because Google has indexed the whole
2:32:49
internet and you just ask a question and it
2:32:51
will magically find you the top 10 results and
2:32:53
you know go beyond page 1 because the top
2:32:56
10 results are so good and so accurate that
2:32:58
you have this level any information that you want. But
2:33:01
with all of that you know that Google search the reason
2:33:03
why it is giving you the top 10 results is
2:33:06
because it knows when you say a particular
2:33:08
word in connection you know along with another
2:33:10
word you mean this as
2:33:13
in you Amit Varma means this which is different
2:33:15
from what I Raul Matan means and you and
2:33:17
I will get different pages for the exact same
2:33:19
result question that we pause. Now
2:33:23
we are getting what we want which is the information that
2:33:25
we need but do we
2:33:27
realize that in order to get
2:33:29
that we have exposed to the
2:33:31
algorithm personal information about
2:33:33
us that allows it to
2:33:36
serve this to us in this you know
2:33:38
fine-tuned way and in
2:33:40
that process we have sacrificed our privacy do we really
2:33:42
care no we do not because we get really good
2:33:44
information at some point and we will
2:33:46
care because if that is monetized against us allowed
2:33:49
to you know manipulate some
2:33:53
decisions that we make we may not like it so
2:33:55
much but yeah this is the
2:33:57
nature of technology we are constantly making these
2:33:59
trade-offs. you said you like e
2:34:01
acceleration, this is the negative side to acceleration,
2:34:03
some of us are okay with it, others
2:34:05
are not and you know I think that
2:34:07
sort of the, I think we should all
2:34:09
be aware of it, if you are aware
2:34:11
of the consequences and then you
2:34:14
buy into e acceleration then fine. But it would
2:34:16
be terrible if you thought the acceleration was something
2:34:19
and actually it violates your privacy in
2:34:21
a way that you would be uncomfortable with. I
2:34:24
mean I am optimistic in the sense that I
2:34:26
see the trade-offs but I am confident we will
2:34:28
clear it out, we always kind of have, of
2:34:30
course it is often taken decades and centuries to
2:34:32
fix stuff out as you know your whole narrative
2:34:34
around privacy sort of shows. You
2:34:37
know your book has a wonderful narrative which
2:34:40
gets us all the way to the present time
2:34:42
and earlier we mentioned the brand eyes and warren
2:34:44
paper and then it gradually makes its way into
2:34:46
jurisprudence and all that. And India is sort of
2:34:48
an interesting case because in a
2:34:50
sense you know Adhar is that
2:34:53
explosive new technology like the portable
2:34:55
camera and telegraph you know the same kind
2:34:57
of objections come up against it and
2:34:59
we have never really deeply thought about privacy
2:35:01
because like you said it was not an
2:35:04
issue, we had bigger battles to fight, you
2:35:06
know you have got great details on how
2:35:09
it was almost there in the constitution
2:35:11
and some people wanted it, some people
2:35:13
did not, but eventually they left it
2:35:15
out because you know it would
2:35:17
get in the way of the state maintaining law and
2:35:19
order and all of that I think. Was it B.N.
2:35:22
Rao who made the argument that you know if
2:35:24
the police gets information that something is hidden in
2:35:26
a particular house they should be able to enter
2:35:29
it and such, search it immediately if they you
2:35:31
know apply for a war and that moment can
2:35:33
go. So but eventually the
2:35:35
right to privacy ended up you know
2:35:37
being in a draft of the constitution
2:35:39
but not actually in the constitution it
2:35:41
was kind of taken off and we
2:35:43
eventually reach the last decade without there
2:35:45
being a right to privacy. But
2:35:48
as you point out culturally contrary to
2:35:50
what many people say your
2:35:52
case is that privacy was actually a part
2:35:55
of ancient Indian culture and it was kind
2:35:57
of respected. So elaborate upon that a
2:35:59
bit because. My sense of
2:36:02
sort of India is that
2:36:04
living here has been more
2:36:06
communal than individual in a
2:36:08
sense and you
2:36:11
know privacy is not really been considered a big deal
2:36:13
but you make a convincing case for why that is
2:36:15
not the case and you know everything
2:36:17
you see of India the opposite is true of
2:36:19
course. Yeah, no I mean look I think I
2:36:22
think the tropes are we have got you know
2:36:24
this concept of a joint family so how could
2:36:26
there be privacy you know everyone lives with each
2:36:28
other but even within the joint family construct
2:36:30
there is the notions of
2:36:33
privacy of it
2:36:35
is not like a nuclear family obviously
2:36:37
because of the joint family but even
2:36:39
within those constructs you have private spaces
2:36:41
that you know the sons and their
2:36:43
wives and daughters etcetera could can occupy.
2:36:45
I think we will
2:36:47
be wrong to say that because we are
2:36:50
communal we are early man communal and I
2:36:52
think you know in any specialized
2:36:54
society and of course India was a highly
2:36:56
specialized society and has been for a long
2:36:58
time there
2:37:00
is always this concept of
2:37:03
privacy that exists maybe not in the Warren
2:37:05
and Brandeis type of sense because obviously that
2:37:07
was not relevant but
2:37:10
certainly it did exist and
2:37:13
you know just to talk through the constitutional
2:37:15
history of some of these things I think
2:37:17
the interesting thing that I found
2:37:19
is as I was reading through
2:37:21
and thinking about this is and I have
2:37:23
seen this repeated in different context
2:37:26
in other histories of modern
2:37:28
India. At the end
2:37:30
of the day the constitution of India was written
2:37:32
by people who eventually
2:37:35
occupied the civil service the British civil
2:37:38
service and
2:37:40
they were writing you know about
2:37:43
writing a constitution to govern this
2:37:45
country that you know
2:37:47
obviously wanted to rid the country
2:37:50
of the bad parts
2:37:52
of British rule but
2:37:55
at the same time they were doing it within a
2:37:57
frame that they understood and that frame that they understood
2:37:59
was an administrative frame that they were very much a
2:38:01
part of. So B.N. Rao
2:38:04
was very much part of the civil service, he
2:38:06
was a judge and he was an administrator, many
2:38:08
of the people on the constant assembly, many
2:38:10
of whom were part of that the
2:38:13
committee on fundamental rights were all civil service. So
2:38:16
they had an extraordinary
2:38:18
faith in the
2:38:20
fact that the administration that
2:38:22
the police, the administrator
2:38:25
etc. would not abuse this
2:38:27
trust that had been reposed in them.
2:38:30
And so they felt that they should
2:38:32
be given the ability to do what
2:38:34
they needed to do to prevent a
2:38:36
crime from happening and if that meant
2:38:38
you know going in and seizing the
2:38:40
private letters of a person they would
2:38:42
never abuse the trust that was placed
2:38:44
on them because they were upstanding administrators.
2:38:46
And so the
2:38:49
need for the right to
2:38:51
privacy, the inclusion of right to
2:38:53
privacy was seen to be an impediment
2:38:57
in the way of the orderly running of
2:38:59
society. And it is so ironic that you
2:39:01
know today when you look back it
2:39:04
is really that is exactly what is
2:39:06
perhaps been misused and
2:39:08
this faith in the administration
2:39:10
was completely misplaced. And
2:39:13
so I think that dissonance
2:39:17
is something that is not very
2:39:19
apparent to us many
2:39:21
decades after the fact. In
2:39:24
the first few first decade or
2:39:26
so where the very early privacy cases came
2:39:28
about and you know there was an a-charge
2:39:30
bench that I speak about that actually
2:39:33
said there is no such thing as a right to privacy and they
2:39:35
were absolutely right. There was no such thing as a right to privacy
2:39:37
because actually the fundamental
2:39:39
rights were listed and not one of them had
2:39:42
anything to do with privacy. And
2:39:44
so they were right to say you do not have a
2:39:46
right to privacy, there may be other ways in which you
2:39:48
can invoke privacy but not through the fundamental rights. And
2:39:52
since then there have been many
2:39:54
cases that articulated
2:39:57
this right to privacy but really
2:40:02
take the trouble to set aside that very very
2:40:04
early decision that said there is no right to
2:40:06
privacy and that sort of where we end up
2:40:09
in the modern day challenging this
2:40:11
right to privacy. Just
2:40:13
so you know while writing about Rao and
2:40:15
that the constitutional debates around this at one
2:40:17
point you say that while trying to arrive
2:40:19
at a balance between the interest of the
2:40:22
individual and the objectives of the state, B.N.
2:40:24
Rao might have tipped the balance too far
2:40:26
in the direction of the state's stop code
2:40:28
and later you describe the seminal karaksing case.
2:40:31
Karaksing basically you know a decoy he was
2:40:33
found innocent but the police kept surveilling him and
2:40:35
they would go to his house at all
2:40:37
times of day and night and ask to check
2:40:39
it and all of that and he eventually
2:40:42
filed the case against him and said hey it's an
2:40:44
invasion of privacy or whatever and the
2:40:46
court ruled against him. Though Subara you know
2:40:49
had this legendary minority opinion which you've written
2:40:51
about in 2010 which forms a basis for
2:40:53
a lot of the thinking after
2:40:55
that but there I thought
2:40:57
what is happening there is
2:40:59
it's a clear illustration of
2:41:01
which countless illustrations abound of
2:41:04
the Indian state treating its citizens as
2:41:06
subjects you know and you
2:41:08
began that heard way by in fact
2:41:10
talking about terminology and pointing out that
2:41:12
when in a completely different
2:41:15
context Jyotashri Krishna when
2:41:17
he was asked to look at you
2:41:19
know the terms the data
2:41:21
subject and data controller which are the
2:41:24
terms used in the west for the
2:41:26
person whose data it is instead said
2:41:28
the terminology is wrong and that you
2:41:30
should not say data subject because we
2:41:32
are not subjects and instead you should
2:41:34
say data principle and the
2:41:36
person who has the data is not the data
2:41:38
controller he is a data fiduciary you
2:41:40
know and I love this principle and
2:41:43
fiduciary terminological change that you
2:41:45
know subtle change that the Jyotashri
2:41:47
Krishna the great justice you know
2:41:49
very wisely made but my question
2:41:51
to you is about that pervasive
2:41:54
mindset which I imagine would have
2:41:56
been an Obstacle at
2:41:58
every point in the state. Struggle where
2:42:00
it will. You know the design of
2:42:02
a constitution, boots limits on the people,
2:42:04
not not so much on the state. and
2:42:06
it is just did you know it's the
2:42:09
same colonial about it as we speak
2:42:11
and exactly that model of the state. Lose
2:42:13
us instead of serving us and I imagine
2:42:15
when you speak about something like that
2:42:17
I to Bluesy the you know something that
2:42:20
you worked on for so long a
2:42:22
over the last decade and a half that
2:42:24
a lot of people must just have said
2:42:26
that he'd like and or lose it
2:42:28
because he's a luxury Must. Have said that
2:42:30
he you know, what is a Swiss would fashion
2:42:33
ya pick out in to tell me a little
2:42:35
bit. Alec do think there was sort of a
2:42:37
conceptual boundary to get to that in the first
2:42:39
place. Nicer to her
2:42:41
and I think the person. Much.
2:42:43
Minnesota than me to answer this question
2:42:46
is are was and with those written
2:42:48
a book know quite a colonial constitution
2:42:50
which goes into this and a lot
2:42:52
of detail and he he unpacks. The.
2:42:55
Reasons why I the constitution was going
2:42:57
on in ah you know you can
2:42:59
you question whether it is or it
2:43:01
is not But he in some detail
2:43:03
argues that be perhaps had no option
2:43:05
but to create a conclusion on sooner
2:43:07
cause us to send. It was very
2:43:10
much mapped on the lines of what
2:43:12
the British had created to govern India.
2:43:14
It an extraordinary difficult because we're to
2:43:16
stitch together a set of principalities and
2:43:18
does not have a to do it
2:43:20
other than to actually create. Something.
2:43:23
Like this use the a bad as
2:43:25
it exists other he had to the
2:43:27
create institutions from scratch and we didn't
2:43:29
have wanted and a luxury of painted
2:43:31
one of those things. I.
2:43:34
Don't think it's worth of getting into the way
2:43:36
I think it is. That is what it is.
2:43:39
if we think of counterfactual you perhaps may
2:43:41
not have had the independent india that we
2:43:43
have you sound depends on a you said
2:43:45
when the country's for that lot of course
2:43:48
you central any of that the new it's
2:43:50
on the other things to worry about as
2:43:52
than his ama i did of others plane
2:43:54
to gain a landlocked state become a part
2:43:56
of pakistan's ah your goal is doing his
2:43:58
own thing and yet various rulers
2:44:02
had to be you know people had to get
2:44:04
them all together to form this
2:44:06
and in that process there were many
2:44:08
compromises. One of the compromises was clearly this perhaps
2:44:13
the constituent assembly could be faulted
2:44:15
for designing a
2:44:17
administrative framework that treated us like subjects.
2:44:21
But I think that is what it
2:44:23
is and I think that second
2:44:26
guessing that is perhaps not helpful.
2:44:29
Today the reframing
2:44:32
that Jyasushi Krishna did is
2:44:34
extraordinarily powerful. I think beyond
2:44:36
reframing he did not do much more and
2:44:39
I sort of I would not fault him
2:44:41
for that I think you know I think there are various
2:44:43
constraints that people work under. But
2:44:46
it would have been nice if he had actually
2:44:48
reflected more of that into the
2:44:50
draft law. But even just the reframing
2:44:53
has resonated around the world. When
2:44:56
I speak about this
2:44:58
in other countries there is
2:45:00
a very instinctive feeling that look
2:45:02
this is the right way to do it
2:45:04
and once again this is hindsight. Data subject
2:45:07
the terminology is this is
2:45:10
the subject of the protection
2:45:13
that we are creating. It
2:45:15
is not a subject from the context of a
2:45:17
ruler and its subject this is more like you
2:45:20
know this is but it does have that pejorative
2:45:22
context much more so today when
2:45:24
we see how the algorithm is truly made as
2:45:26
a subject of these people
2:45:29
that manipulate us. So
2:45:32
in that context India coming up
2:45:34
with a new terminology is extremely
2:45:36
refreshing and so I really like the
2:45:38
fact that despite the many iterations
2:45:40
that we have had on the law we
2:45:42
are now very firmly data principle data
2:45:44
fiduciary. I also like fiduciary because the
2:45:47
fiduciary just the word means I am
2:45:49
giving something to you in trust. It
2:45:52
is not yours I am entrusting it
2:45:54
to you trusting that you will behave
2:45:58
well with it. You
2:46:00
are very nice kind of a context
2:46:02
to put on why you have my
2:46:04
data, because you
2:46:06
have collected you have no right over it, I have
2:46:08
just allowed you on sufferance
2:46:11
to keep the data. If I feel
2:46:13
you are misbeaving with the data or you are not
2:46:15
treating my data and trust, I should have the ability
2:46:17
to take it away from you. Now that is not
2:46:20
the context within which the vast
2:46:22
databases and datasets have been collected and
2:46:24
are currently being used. It is very
2:46:26
much I have taken the money, the
2:46:28
time, the effort to collect the data,
2:46:30
organize it, run algorithms over it. So,
2:46:33
I should be able to do everything with it, just
2:46:35
as Shri Krishna turns around on its head and says no,
2:46:38
this is a fiduciary relationship
2:46:40
and so I can revoke it at
2:46:42
any point in time. So,
2:46:47
tell me about then how your
2:46:49
journey begins in this, because you
2:46:51
are you know suddenly we have
2:46:53
been showing a film and the main character has
2:46:55
not come yet and you of course are the
2:46:57
main character and at one point you are on
2:46:59
a flight and you are sitting there in the
2:47:02
flight and on the seat beside you is your
2:47:04
acquaintance Nandan Nalikani and you get talking and you
2:47:07
you know as legend has it or rather as I
2:47:09
read in your book, you tell him that hey, aaadhar
2:47:11
is all okay, but what about privacy and he says
2:47:13
what about privacy and then you have a conversation and
2:47:15
then for the next few years you
2:47:17
are you know the person driving the creation
2:47:19
of a privacy law which is even plagiarized
2:47:22
by another government department but that is a
2:47:24
different matter. So,
2:47:26
you are a romanticist, it is way more
2:47:28
than actually, I mean at the moment
2:47:31
aadhar was announced obviously
2:47:33
you know at the same
2:47:35
time UK was also doing a similar identity
2:47:38
project was facing rough weather.
2:47:41
So, it is not like you know I sort of got onto
2:47:43
my white horse. But if you
2:47:45
make a film on this who would you like to play you? No
2:47:48
one I am a bit role, bit character in
2:47:50
this whole thing is not even important. At least
2:47:52
a good character actor not a bit role, but
2:47:54
you know I mean. You know
2:47:56
I am like One of those extras who holds
2:47:58
a cup of tea. And. That's exciting.
2:48:00
Not large. Okay. customizer is not okay. Not
2:48:02
not alone at all. but I'm not going
2:48:04
to have. I think them to The point
2:48:06
was that. This was.
2:48:09
He. Of adapting to them and then and
2:48:11
on. One thing and everyone who came up
2:48:13
with this good looking at this summer development
2:48:15
of perspective and I think it's if you
2:48:17
think about it is the object it's it's
2:48:20
the responsibility of the government to so it's
2:48:22
people may and serve some on who you
2:48:24
don't know and they that is a lot
2:48:26
of expense and in in context of. You
2:48:30
know, food not losing and the people. it's
2:48:32
supposedly to the Russian system. Funds
2:48:35
Not Eating the people. This was it. is eating all
2:48:37
of those sorts of things. Until. The
2:48:39
ability to actually identify the recipient
2:48:41
of a service so accurately. that
2:48:44
active person consistently gets what he
2:48:46
or she is entitled to. He
2:48:48
certainly something that the state I
2:48:50
should should look to. it's and.
2:48:54
Be. Conceptualization of other than the an
2:48:56
integrated was very my from that perspective. But.
2:48:59
At the same time I had to
2:49:01
prove as he lands because I I
2:49:03
you I've worked in the state had
2:49:05
been at a more consistent a while
2:49:07
and I could see that you know
2:49:09
we're going on the spot but one
2:49:11
we don't have as a privacy in
2:49:13
eyes out in our constitution that are
2:49:15
lot of case of the talk about
2:49:17
the right to privacy but not sort
2:49:19
of properly articulated I was concerned and
2:49:21
even this project was going down without
2:49:24
yet with a with a developmental focus
2:49:26
were thinking through what would happen if
2:49:28
this goes wrong. End
2:49:30
on that flight it was exit bangor
2:49:32
daily face it when adviser it was
2:49:34
not exactly the do when it elevator
2:49:36
pitch I had a little longer do
2:49:38
to make the pitch in this and
2:49:41
and got it and uniting G I
2:49:43
Bill works to train. Moves
2:49:45
whatever the machine you the state was
2:49:47
to. I'd to stop. them
2:49:50
to think about this and damn i was
2:49:52
fortunate to be able to work with the
2:49:54
deal btw person and drilling was for some
2:49:57
reason had been doing this one's pretty of
2:49:59
doing this We came
2:50:01
up with the law draft law
2:50:03
there was a there is a workshop that was
2:50:06
conducted in a sense before the requirement
2:50:08
for pre-legislative consultation there was this
2:50:10
consultation that took place I remember
2:50:13
representatives from RBI and Ministry of
2:50:15
Home Affairs various government departments as
2:50:17
well as the private sector were
2:50:19
in the room where
2:50:21
they discussed sort of the contours of this is
2:50:23
very simple laws was not intended
2:50:25
to be very you got to understand
2:50:27
this is in the 2011-2012 timeframe well
2:50:29
before big data and big
2:50:31
algorithms and stuff like that you know I mean the iPhone
2:50:34
had just come out so we did not even know about
2:50:36
all of these things we
2:50:38
had a draft the draft went through a few iterations
2:50:41
and for various reasons it
2:50:43
did not see the light of day we had the
2:50:45
AP shower committee the AP shower
2:50:47
committee came up with a few principles I
2:50:50
remember we then reflect those principles in the
2:50:52
draft but then the government
2:50:54
fell and then it sort of just it
2:50:57
did not take off but yeah so that
2:50:59
that was the my very early encounter
2:51:02
with actually coming up with a
2:51:04
with a privacy law even
2:51:07
though none of that is is there in
2:51:09
this current draft that we are or the
2:51:12
current law that we have. So,
2:51:15
tell me how you are thinking on how
2:51:17
to bring about privacy in the face of
2:51:19
all the new technology that was happening and
2:51:21
the challenge of making it future proof to
2:51:23
future for future technologies
2:51:25
how you began to think about
2:51:27
that because the intuitive way
2:51:29
of thinking about it is through the lens
2:51:32
of consent that if you know and
2:51:35
and you know when people are said why do you
2:51:37
have a problem with the government taking your data when
2:51:39
Google takes your data Amazon takes my data and my
2:51:41
obvious answer to that is consent you know I consent
2:51:43
to giving Google and Amazon my data that
2:51:45
can only be part of the answer as
2:51:47
you point out that you know
2:51:50
there are really three problems with
2:51:53
this with just talking about consent as being the
2:51:55
basis of how you know our
2:51:57
data should be used your consent one this consent.
2:52:00
and fatigue. You know, all
2:52:02
the time downloading apps going on websites, forms
2:52:04
will have like, hazard small print which even for
2:52:06
a lawyer is difficult to read. So the
2:52:08
tendency is to scroll to the bottom and you
2:52:10
click, yeah, I agree to all conditions and
2:52:13
therefore you are never actually going to read any of that
2:52:15
stuff. So what does red consent mean? Then
2:52:17
you talk about how consent cannot cover
2:52:19
all the interconnections that are happening between
2:52:22
all of the data and etc. And
2:52:24
you also, you know, speak
2:52:26
about the transformation of
2:52:28
data through this process and
2:52:31
so consent isn't enough of a lens. So
2:52:33
how did your thinking through this process evolve
2:52:36
that if consent isn't enough, if
2:52:38
I consent to giving Amazon my data, that
2:52:40
is not enough and you need to regulate
2:52:43
Amazon at the same time to do
2:52:45
something about that, that can become a
2:52:47
double-its word because the moment you accept
2:52:49
the principle of the government regulating what
2:52:51
a private company does with the data,
2:52:53
then there is a great chance of
2:52:55
misuse because in the oppressive state once
2:52:57
it has that power, can use it
2:53:00
instead of protecting your privacy to,
2:53:02
you know, gather your information and
2:53:05
suppress dissenters and stifle speech and
2:53:07
all of that. So how
2:53:09
does one then think about all of these
2:53:11
complicated trade-offs that are
2:53:13
involved? Yeah, to be
2:53:16
completely clear, when I worked
2:53:18
on the 2011-2012 draft, I wasn't
2:53:20
so enlightened. That draft
2:53:22
was very much a consent-based draft. But
2:53:24
this thinking evolved more recently, I
2:53:26
would say, in the 2016 timeframe. By
2:53:31
that time, you know, GDPR was
2:53:33
already a thing. It had not come into
2:53:35
force, but we were looking at Europe
2:53:38
with a very sophisticated privacy regime
2:53:41
and this new GDPR about to come into force in
2:53:43
a couple of years. And
2:53:46
it was already obvious to me that consent
2:53:48
is not going to be useful. By that
2:53:50
time, you know, just
2:53:52
as you said, people will sort of
2:53:55
say, I agree, but no one will want to say
2:53:57
things for me to do when I'm at a time.
2:56:00
We would sign it and then if they did anything
2:56:02
wrong with our data they would just point to the
2:56:04
privacy policy and say but you signed it. You
2:56:06
know that is what happened with Cambridge Analytica at that
2:56:09
time it was possible for us
2:56:11
to see friends of friends, for us to share
2:56:13
information with friends of friends. Why
2:56:15
did we agree to that? Because it was
2:56:18
really cool because you know on Facebook I
2:56:21
would suddenly be able to access someone
2:56:23
who I never met for a long time
2:56:25
because a friend of mine had him or
2:56:27
her listed on his friends and so that
2:56:30
was like a really valuable thing. But
2:56:32
of course it allowed companies like Cambridge
2:56:34
Analytica to exponentially increase
2:56:37
the size of people that
2:56:40
they could collect data about and
2:56:43
you see what happens with
2:56:45
that downside. And
2:56:47
of course there is no way
2:56:49
I when I agree to allow friends of
2:56:51
friends and I consent to friends of friends
2:56:54
can never even imagine this consequence. So
2:56:58
how is it that that consent is really
2:57:00
helping me protect my privacy? Who
2:57:02
can actually take this decision?
2:57:04
It is the company that is deciding
2:57:07
and allowing this use. They
2:57:11
if anyone can you know not only see
2:57:14
what the full scope
2:57:16
of this consent would be because you
2:57:18
know they have access to all the
2:57:20
information. You also see how it is
2:57:22
being used and if they observe bad
2:57:24
behavior they can quickly shut it down
2:57:26
much quicker than I could. I mean
2:57:28
I would only know when this big
2:57:30
Cambridge Analytica scam burst in the press
2:57:33
but certainly the company you know who is intermediating
2:57:35
it could do it sooner. So
2:57:37
the idea that I had in the beyond consent paper
2:57:39
was to say that it is
2:57:42
those who collect and control
2:57:45
what is done with the data who should
2:57:47
be accountable for any harms that result from
2:57:49
its misuse
2:57:53
and that the fact that they have collected my consent
2:57:55
to allow them to do this should not get them
2:57:57
off the hook and that is the simple point that
2:57:59
I made. made with the accountability framework and the
2:58:01
idea was let
2:58:03
us not say that consent is a get out of
2:58:06
jail free card. Yes, you can consent and you must
2:58:08
consent, it is not to say that there will be
2:58:10
no consent, you cannot collect my data without my consent
2:58:13
but you cannot use my consent
2:58:15
to shrug off your responsibility
2:58:17
to continue to ensure that the way in which
2:58:19
that data is used does not cause me harm
2:58:21
and I think that is sort of the idea
2:58:24
that I talk about in the accountability framework. So,
2:58:28
you know, we will take another short break shortly
2:58:30
and then we will come back after that break
2:58:32
to talk about the rest of your journey and
2:58:34
your wonderful book The Third Way which I cannot
2:58:36
and it is suitable that we will talk about
2:58:39
it in the third part of this program. So,
2:58:41
everything is falling into place, see this is just
2:58:43
how it should be but sort of a final
2:58:45
question about the privacy journey and this you know
2:58:47
I could do entire 10 hour podcast
2:58:50
on that book alone, it is a wonderful book, I
2:58:52
would encourage everyone to read it and
2:58:54
you know one of your chapters here is about the
2:58:57
Puttaswami judgement which is of course where it is
2:58:59
upheld, the court decides that the right to privacy
2:59:01
is right and my question
2:59:03
here is this that I welcome the
2:59:05
judgement, it is a great judgement but
2:59:08
a question that can be asked about that
2:59:10
is that really in the court's domain to
2:59:12
make law, shouldn't the legislators be doing
2:59:14
that, if the court starts doing that what
2:59:17
kind of precedent is there that you assemble
2:59:19
a nine-band justice because you have earlier had
2:59:21
previous judgements going against the right to privacy
2:59:24
in a sense which had what six
2:59:26
and eight or whatever. And
2:59:29
now you, so you do a nine-bench
2:59:31
thing and you are basically legislating from
2:59:33
the court and does
2:59:35
that kind of make sense
2:59:37
and I think that is also sort of
2:59:39
an important question because it is again a
2:59:41
question about ends and means that if you
2:59:44
set up a constitutional democracy then all
2:59:46
the institutions have to maintain what their role
2:59:48
is and today the court may
2:59:50
have made a judgement that
2:59:52
is liked by you and me but tomorrow
2:59:55
it could be the other way around and
2:59:57
it could go in a direction of less freedom
2:59:59
and more oppression.
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