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FTC Seeks Battle With Toysmart

wrenling writes: "Toysmart promised to never share their customer's data. They lied. They are seeking to sell their customer databases. The FTC voted today to begin a court battle with Toysmart to block them from doing so. CNN has more details in a CNNfn article."

135 comments

  1. thats illegal by neema · · Score: 1

    if you dont want your information disclosed to other companys, it is illegal for a company to ignore your pleas.

    1. Re:thats illegal by neema · · Score: 1

      thank you, thank you, i bow in pleasure. but seriously though, havent you guys got calls and then say "remove me from your company list" or when you go online and it says "do you want us to send your email for you to get special deals" and your privacy is clearly protected if you dont want these thigns.

    2. Re:thats illegal by Anonymous Coward · · Score: 1

      True, but I think the law is grey here.

      I ordered something from Playboy once. (Okay, it was the Claudia Christian centerfold issue... the first and only thing I've ever ordered from Playboy, so sue me.) Soon after I placed my order, I started getting a lot of risque' and even fairly lewd junk mail from Playboy and other XXX-rated shops, and I wanted that to stop.

      I contacted Playboy customer service and demanded my name to be taken off their mailing lists. They replied that they had removed my name from their own list, but they sell their customer lists to other companies regularly and there was no way for me to remove my name from the lists those other companies are using.

      So, in other words... once a company has your postal address, even if the only reason they have it is so they can ship something to you, it's open season on your mailbox. You can stop any one individual company from using your personal information to send you targeted ads, but you can't prevent your personal information from being spread around to anyone willing to pay for it.

    3. Re:thats illegal by neema · · Score: 1

      There are precautions around that. Sure, there are loop holes in that law, but when you are doing buisness with a company and they are getting your address, make sure you say "Other then the shipping and billing, I would like all other uses for my address to be restricted". If it's an online based company, find a telephone # or give them a ring. Save e-mails. Make sure you bitch. If a satisfied customer is a good customer, then the quiet customer is the best one and they will do anything to make sure you are a quiet one.

  2. Hooray for the government by Anonymous Coward · · Score: 1

    for finally defending one of our rights.

    I wonder what the libertarian response would have been, probably to never again patronize an out of business retailer?

    1. Re:Hooray for the government by Golias · · Score: 3
      That might be the anarchist response. Libertarians believe that enforcing contracts and laws is one of the government's few legitimate roles.

      This is definately a case of a company breaking an agreement, which warrents civil action at the least, and possibly criminal liability.

      IANAL, IAAl (I am not a lawyer, I am a libertarian).

      --

      Information wants to be anthropomorphized.

  3. Quick question... by Animol · · Score: 3

    Assuming that the FTC didn't enter into a court battle, couldn't we (the users) enter into a class-action lawsuit against Toysmart? I mean, getting cash cost for damages, etc., above and beyond what they were paid for the database would send out a better message, IMHO. I would think that to be a better deterrent.

    --

    "I'm not even supposed to BE here today!"
    1. Re:Quick question... by furiousgeorge · · Score: 2

      >couldn't we (the users) enter into a class-
      >action lawsuit against Toysmart?

      Sure you could, but remember this is part of their *bankruptcy* proceedings. They were trying to do it because they have no money!

      Only thing a class action suit would do would make more money for some lawyers.

      You can't get blood from a stone.

    2. Re:Quick question... by jyuter · · Score: 1

      I mean, getting cash cost for damages

      What damages would arise from this? More spam? You may be right, but I'm assuming that in order to sue for damages, damages have to occur. You would probably have better luck going through the breech of contract route.



      Being with you, it's just one epiphany after another

    3. Re:Quick question... by mmmmbeer · · Score: 1

      Not against Toysmart. What's the value in suing an out-of-business company? By the time you got the suit together, the company would be gone. You could perhaps try to sue Disney (which owns Toysmart), but there would be little chance of winning, as they are technically separate companies.

    4. Re:Quick question... by innocent_white_lamb · · Score: 1

      getting cash cost for damages, etc., above and beyond what they were paid for the database would send out a better message ---> If they are out of business, they probably haven't got any cash. So you would sue them and get what? A judgement that is uncollectible?

      --
      If you're a zombie and you know it, bite your friend!
  4. Your info by KeyShark · · Score: 2

    If you don't want your info given out to other companies don't give it to anyone in the first place. Anytime I submit my info I assume that it's going to be sold to other companies.

    1. Re:Your info by beagle · · Score: 4
      If you don't want your info given out to other companies don't give it to anyone in the first place. Anytime I submit my info I assume that it's going to be sold to other companies.

      I'm all about that, but this is getting impossible in this increasingly connected world. I was off the junkmail...er...DMA...lists for nearly a year until I moved. I was assured - several times, mind you - by US Postal Service staff that my new address would not be bought or sold.

      Just think of all the people who have your info already: creditors (revolving credit), other creditors such as the phone company, power company, cellular service provider, cable company, magazine producers, banks, your ISP, InterNIC - the list is so long I can't name them all.

      You have to tell every one of these companies that you don't want them to sell or rent your name. Companies are getting around that, however. They still share your information - but this time it's with "business partners." Look - don't fucking give my information to anyone without explicitly asking me first.

      And even if you do tell everyone to not sell your info, you'll probably still get junkmail and telemarketing calls - especially if you have a legitimate address in your InterNIC record. There are some jerks who poll InterNIC WHOIS records for addresses to add to junkmail lists. Also if you try to sell a car in a newspaper you'll get calls from people all over the country who use computers to poll online classifieds and -- illegally, mind you (see Junkbusters regarding the TCPA) -- use automated systems to call any phone numbers listed. I know - I got over 10 calls -- ALL automated -- from businesses trying to get me to pay them 40 bucks to have my vehicle ad blasted all over creation.

      I'm sure it's no wonder to you that I'm all about the FTC going after these pricks.

    2. Re:Your info by mOdQuArK! · · Score: 4

      Even if they promised, in no uncertain terms, not to sell your info?

      If they break a straightforward promise like that, what other things are they going to be dishonest about?

      Too bad the corporate structure prevents executives, managers (AND SHAREHOLDERS) from doing a little jailtime for violating the law.

  5. Three Cheers for the FTC by pianoman113 · · Score: 2

    It is about time the government did its job. I am not a fan of Disney to begin with (owners of Toysmart) and this make me like them even less. Even if they had no direct influence in this, they certainly knew it was going to happen. Stick it to them FTC!

    --

    Free as in speech, free as in beer, or free as in lunch?
    1. Re:Three Cheers for the FTC by hitchhikerjim · · Score: 1

      Disnet is the majority stockholder, therefore on the board of directors. Companies don't make decisions like this without passing it through the board first, therefore Disney DOES bear some responsibility.

      As a (I'm assuming) preferred stock-holder, I believe Disney would also be liable for a portion of the damages if Toysmart couldn't afford to pay.

  6. toysmart and others by tweek · · Score: 3

    I actually read a similar article about this initially at news.com talking about companies doing ths all the time when they go bankrupt. Of all the hardware and everything they have (as much as an internet company CAN have) customer databases sell for the most and oft times get them out of debt the most. It's good to see a government organization standing up for the people for once.

    For the attentive (like me) check news.com from Saturday, I believe, and see which OTHER companies are currently auctioning off customer databases. You may have done business with them at some point.

    Excercise your rights or loose them.

    --
    "Fighting the underpants gnomes since 1998!" "Bruce Schneier knows the state of schroedinger's cat"
    1. Re:toysmart and others by mblase · · Score: 2

      The news.com article you were looking for is here.

    2. Re:toysmart and others by tweek · · Score: 2

      I was actually trying to be clever but i guess it didn't work out. =)

      --
      "Fighting the underpants gnomes since 1998!" "Bruce Schneier knows the state of schroedinger's cat"
  7. How Binding? by hodeleri · · Score: 3

    Just how binding was Toysmart's promise? Was it a "Above subject to change without notice" or was there an explicit contract between user and Toysmart?

    In the former case I doubt that anything will happen, but it will be very exciting if somebody goes down because of this.

    --
    Eric is chisled like a Greek Godess

    1. Re:How Binding? by mindstrm · · Score: 2

      In the case of consumers, very binding.
      Even if there is no specific contract,if the company asked for the information, and was publicly stating that it would never be sold to anyone else, that is all that is needed.

      The consumer believes it, which is what matters.

    2. Re:How Binding? by Biff+Cool · · Score: 1

      <IANAL>
      I don't know if you could really hold up a "Above subject to change without notice" clause in court for comething like this. Those clauses are usually only for pricing and I know in alot of cases that doesn't even work. I don't think you can do that with something like a privacy policy.
      </IANAL>


      Conscience is the inner voice which warns us that someone may be looking.

      --

      Conscience is the inner voice which warns us that someone may be looking.
      -- H. L. Mencken

    3. Re:How Binding? by anticypher · · Score: 4

      By posting a privacy policy on the web site, the company has entered into a legally binding contract with anyone who uses the site. It is the same with a bricks and mortar food shop putting up "sale" signs in their windows or in adverts in the paper. If they publish a price, they are bound to honor it. Only the occasional misprint is allowed, and most shops will honor misprints rather than risk their business license.

      So glad to hear some sane news coming from out of America for a change.

      the AC

      --
      Hemos is like...sci-fi fans;he thinks technology is cool, but he hasn't bothered to understand the science it's based on
    4. Re:How Binding? by mclearn · · Score: 2

      This comes from the Toysmart privacy page:

      Personal information voluntarily submitted by visitors to our site, such as name, address, billing information and shopping preferences, is never shared with a third party. All information obtained by toysmart.com is used only to personalize your experience online.

      Now from what it appears -- the Toysmart company is going out of business and needs a buyer. According to the privacy policy, they will not sell their data to a THIRD party. However, if they sell the company (data and all), then is the new company owner a third party anmyore? I don't think so (but IANAL). In my view, they are safe as long as they use the data as hey state and sell the data along with the company to the new owners.

    5. Re:How Binding? by lizrd · · Score: 2

      From toysmart.com the most relevant part of their privacy policy. Seems pretty airtight on the part of the customer to me. For the full text go here.
      Our promise At toysmart.com, we take great pride in our relationships with our customers and pledge to maintain your privacy while visiting our site. Personal information voluntarily submitted by visitors to our site, such as name, address, billing information and shopping preferences, is never shared with a third party. All information obtained by toysmart.com is used only to personalize your experience online. This information is received via the following areas of our site: My toysmart and the Gift Center. When you place additional orders, our site will update your order history, which you can view in My toysmart. If you sign up for the gift registry, information you submit will be added to your personal profile. Other than these two instances, the information that you provide us is not supplemented in any way.

      --
      I don't want free as in beer. I just want free beer.
    6. Re:How Binding? by mtphoto · · Score: 2

      IANAL, but the privacy statement seems to state that your info will not be sold to a third party. The trick is that if the entire company is sold the a third party, that third party is now a first party. They have access to the list (and possibly without being held by the privacy policy). That's what the c|net article was getting at if my memory serves me. It's legal under the letter of the law, and I'm glad to see the FTC deciding to uphold the spirit also.

    7. Re:How Binding? by JordanH · · Score: 1

      I have a question about your XML (I assume it's XML, I haven't seen the whole document).

      After a closing </IANAL> do you become a lawyer and then you can suddenly speak authoritatively on legal matters?

      Just curious!


      -Jordan Henderson

    8. Re:How Binding? by Captain+Derivative · · Score: 1

      IANAL, but the privacy statement seems to state that your info will not be sold to a third party. The trick is that if the entire company is sold the a third party, that third party is now a first party.

      DISCLAIMER: I Am Not A Lawyer (TM) as well

      OK, I agree that in that case, the buyer of the company is now the first party. But wouldn't that also mean that the buyer is by default bound to honor Toysmart's contracts? Which would mean that using the data for marketing etc. still goes against the privacy policy?

      It's something like this: XYZ Corp agrees to provide Joe with a service. Joe pays for this service in advance. But before XYZ provides the service, LMNOP Inc. buys the ailing XYZ. LMNOP is still bound to the XYZ contract with Joe, right? It can't keep the money and say, "Sorry, we're a different company now." Isn't this the same principle?


      --
      "Better dead than smeg."

      --

      --
      The real Captain Derivative has a Slashdot ID.

    9. Re:How Binding? by Biff+Cool · · Score: 1

      Sorry allow me to rephrase it then...

      Even though I have no formal law training I know that you cannot count on "subject to change without notice" clauses to blanketly protect you from legal action if you pull a stunt like this. Those kind of clauses are reserved for pricing at Denny's. They usually don't even hold up if an advertisement has a misprinted price.

      I'm pretty sure that something like this would have no chance of being protected by one of those clauses because it would not make sense for you to legally be allowed to change terms of an agreement without notifying and giving someone a chance to back out of the agreement, that seems pretty basic layman knowledge of contracts (e.g. My apartment can't change the lease on me without my consent). Now it's possible that none of the basic concepts of contracts and/or agreements apply here but they sure seem to, so I prefix my comment with IANAL as a way of saying hey if there's a lawyer out there and I'm wrong "Flame On" cause I suppose I deserve it, and then I can Q&A that person for real info. Think of it as trolling for a lawyer.


      Conscience is the inner voice which warns us that someone may be looking.

      --

      Conscience is the inner voice which warns us that someone may be looking.
      -- H. L. Mencken

    10. Re:How Binding? by Steve+Hamlin · · Score: 2
      I'm not sure about in the UK, but in the US general advertisments are NOT contracts.

      Newspapers adverts are solicitations of offers, that is, asking you to come in and offer them the sale price for the item.

      If they don't want to sell it to you at the price you just offered, they don't have to. Nothing wrong there.

      Several exceptions to this are specific sales to specific customers(e.g. $10.00 printer to the first customer in our Dallas, Texas store who can answer this trivia question:...) and bait-and-switch regulations (administered by either the U.S. Federal Trade Commission or similar state agencies, and violating statues, but NOT breaching private contracts).


      As for privacy policies, I'm not sure. Depending on the case law (of which I'm not an expert), there might or might not be a contract. Problem: what consideration (normally, but not necessarily, $$$) did you give? Perhaps your demographic info/email address/etc. Perhaps not enough.

      If not a breach of contract, you can normally argue for promissory estoppel (detrimental reliance). Promise made that you relied on to your detriment. In this case, "your detriment" might be hard to prove. Since you were willing to give your email address to ToySmart (and perhaps shown to have been spread by you all over the internet), then how have you been harmed? No harm, no foul.

      Of course, these are all problems with private actions against ToySmart. In cases such as these, it is nice to have something like the FTC fighting on your side.

    11. Re:How Binding? by onyxruby · · Score: 2
      I know here in Minnesota several stores have gotten into legal trouble for advertising "discprencies". The one in particular that comes to mind is good old best buy. They advertised that nobody could beat their prices on any given model. Truth of the matter was they were right. The sticking point was the model #. They were big enough that they were able to get their own custom models from Sony etc. This along with several other similiar tactics got them sued by our Attorney General. They tried claiming "truth in advertising" and it did not hold up in court.

      This is retail however, and I don't know how much carryover there would be. I know phone companies have gotten in trouble before for similiar things. There is a certain standard that things have to written to. You aren't allowed to try and claim everybody can consult a lawyer.

    12. Re:How Binding? by jerdenn · · Score: 1
      I'm not sure about in the UK, but in the US general advertisments are NOT contracts. Newspapers adverts are solicitations of offers, that is, asking you to come in and offer them the sale price for the item.

      If they don't want to sell it to you at the price you just offered, they don't have to. Nothing wrong there.

      In exercising its power over interstate commerce, the Congress has enacted two statutes that have the greatest effect on advertising. These are the Federal Trade Commission (FTC) Act and the Lanham Act.

      The Lanham Act (Commonly referred to as the "Truth in Advertising Act") provides for private actions based on any "false or misleading" description or representation of fact made about the advertiser's own products or services or about another's products or services. The four elements of proof under the Lanham act are "false or misleading" description or representation of fact made in connection with any goods or services in interstate commerce, which actually deceives, or is likely to deceive, a substantial segment of the intended audience; is material (i.e., is likely to influence purchasing decisions); and the falsity results, or is likely to result, in injury to the plaintiff.[1]

      While I doubt that anyone would bother to bring action under the Lanham act for misrepresentation based on advertised price, it could make for a valid arguement.

      -jerdenn

  8. It goes with the territory by mblase · · Score: 2

    I think it should be perfectly possible, legal, and reasonable to sell the personal data -- provided that it stays with the web site. In other words, anyone taking that personal data must use it in conjunction with the URL "toysmart.com" and whatever website they put up in its place.

    1. Re:It goes with the territory by Stary · · Score: 1
      Yeah...

      To enter this site you have to be more than 18 years old. Click here to enter.

      Welcome to toysmart.com. Here you can buy an astounding collection of sexual toys, anything your heart (and your lust) desires!

      A domain is just a name... It's like letting some company keep billing you, even though they shut down and some other company started a totally different service but with the same name. Pointless and stupid, for your part.

      --
      Tomorrow will be cancelled due to lack of interest
    2. Re:It goes with the territory by mmmmbeer · · Score: 1

      Interesting point. To what extent does "fair use" apply to the sale of personal information? In many cases, it is possible for a company to sell a division to another company, which much also accept all of the obligations of the original company in any contractual agreements which apply to that division.

      I think the key here is the provided that it stays with the web site. I did not get the impression that Toysmart itself was being sold, but rather that it was trying to sell the information independently. Clearly this is not the same thing.

      Still, it's an interesting concept. Food for thought.

  9. Hmm by Sarkdas · · Score: 1

    Well this is really a sad thing to see.
    I guess it may just be the decline of the world into a corp controlled world where they do what they want when they like but at least the FTC is poping in and trying to stop it.

    I really don't think they should be doing this to the customers. I mean what if they had a sudden infusion of capital and got back on their feet? How many people would do business with them NOW?

    Not many I beleive. Where would you rather go a place that sells the information you give them privatly or someone who locks it in a vault and buries it in 10 feet of concrete? Well maybe that was a bad setup but my point is, that maybe they should think a little bit more on this and with any luck they may decide not to sell it. I doubt that they will but hey we can hope.

    Thats about all I got to say on this....lets hope something is done...I'd hate to see this become a trend.

    Shame on you Toysmart...I would have expected better from a toy company.

    -Sarkdas (This is commander Sarkdas, Over and out!)

    1. Re:Hmm by hiryuu · · Score: 1

      Shame on you Toysmart...I would have expected better from a toy company.

      Why on earth would you have expected better? A company is still a company (or a section of a corporate megalith, depending), regardless of whether they sell toys or guns. After all, eToys certainly qualifies as a toy company, and we know what we think of them...

      --
      Karma: Excellent, but still won't get you laid.
    2. Re:Hmm by Sarkdas · · Score: 1

      I just have this weird view of toy companies or what they should be.....mainly from watching a certain movie that has Robin Williams in it....

      -Sarkdas (I want the GI Joe with real combat flamethrower!)

  10. See? by jreilly · · Score: 1

    Sometimes the government does something useful. Too bad you can't vote for the head of the FTC.

    --

    Freedom's just another word for nothing left to lose
    1. Re:See? by nomadic · · Score: 2

      I'm glad we can't vote for the head of the FTC. Means Disney can't donate to his election campaign.

  11. Another quick question... by hiryuu · · Score: 1

    Did Toysmart have a specific privacy agreement of which they would now be in violation, like others mentioned on /.? It would be interesting to see how this compares to the other failed dot-coms that are selling (or trying to sell) personal info. Is the FTC investigating and considering pursuing others, and this is just the first (semi) high-profile case? Or is there something different about Toysmart that makes them a target?

    --
    Karma: Excellent, but still won't get you laid.
    1. Re:Another quick question... by retard2112 · · Score: 5
      From their privacy policy

      Our promise

      At toysmart.com, we take great pride in our relationships with our customers and pledge to maintain your privacy while visiting our site. Personal information voluntarily submitted by visitors to our site, such as name, address, billing information and shopping preferences, is never shared with a third party. All information obtained by toysmart.com is used only to personalize your experience online. This information is received via the following areas of our site: My toysmart and the Gift Center. When you place additional orders, our site will update your order history, which you can view in My toysmart. If you sign up for the gift registry, information you submit will be added to your personal profile. Other than these two instances, the information that you provide us is not supplemented in any way.

      --


      Right Now, our government is doing things you think only other governments do.
    2. Re:Another quick question... by Anonymous Coward · · Score: 1
      It seems to me they're not violating their policy. They're not sharing any information, they're selling it.

      ---
      chahast at pangaea foo dhs foo org
      s/foo/dot

    3. Re:Another quick question... by Disk+Pickable · · Score: 1
      Hey, at least they're following the letter of their policy...

      After all, they only "pledge to maintain your privacy while visting our site."

      I don't know about you, but I'm not visiting their site right now. I guess I'm screwed. ;)

  12. Disney? by Mniot · · Score: 1

    Pretty sparse article. I wanted to know what Disney had to say, since it claims they own the site.

  13. a rock and a hard place by wishus · · Score: 3

    Don't moderate this as "off topic" just yet - allow me to get around to my point.

    I am a libertarian - so don't accuse me of libertarian bashing, because that's not what this is about. And when I say "libertarian," think "political party", not "crypto-anarchist". Do that for the sake of this article, whatever you really believe.

    There, now that is out of the way.

    So, as a libertarian, I have a problem here.. An inner conflict, if you will. One one hand, I believe (like a good libertarian should) that there should be less government. That the government should keep its hands out of just about everything. But on the otherhand, without the government, toysmart can violate my rights. Microsoft can crush my company. And I cannot stop them.

    Of course, we can talk about standing up for your beliefs, and organizing this and that, etc. etc., but right now, toysmart is all set to disclose private information trusted to them - after they said they wouldn't.. and it looks like the FTC is the only thing with enough force to stop them.

    So, knowing there are a lot more involved libertarians out there, what is the answer in cases like these - where the government stands between us and toysmart, or microsoft...

    What is a libertarian supposed to think about it?

    wish
    ---

    1. Re:a rock and a hard place by (void*) · · Score: 2
      So, as a libertarian, I have a problem here.. An inner conflict, if you will. One one hand, I believe (like a good libertarian should) that there should be less government. That the government should keep its hands out of just about everything. But on the otherhand, without the government, toysmart can violate my rights. Microsoft can crush my company. And I cannot stop them.

      It's not so hard. Stop thinking that the government is evil. The government does have its uses, and one good use of this to protect and defend the public good. The ideal government is one that expresses the common will of the people.

      Of course, the actuality and how it departs from the ideal should be examined with a keen eye.

    2. Re:a rock and a hard place by MindStalker · · Score: 2
      Just a question, what is the libertarian stance on a government holding a military, so that it can protect its country from outside invadors.

      I would think whatever stance libertarians have on that issue should be about the same. Because nowadays corperations are fairly independent of any one nation. Think of them almost each as a small nation trading with our nation. And ask yourself what our foreign policy should be for involvment which such nations that abuse thier power they gain through such trading????

    3. Re:a rock and a hard place by noidentity · · Score: 1

      How I see it, there is an overwhelming mass of unthinking consumers (where unthinking refers to their major choices of whom they buy from, and also that most people have some areas they don't think about). Views on things are injected by whomever catches their attention. In this scenario, those of the consumers who would play a part in the "the customer knows best" are in a significant minority, so their input is swamped by the unthinking majority. For these issues, government control comes in. It seems only necessary because of this unthinking majority. If a company sold private data and consumers were mostly thinking about whom they give their business to, and were united, they would say "I don't think so" and the company would go out of business. Future companies would think twice before doing this. But because most consumers don't really care about their information being sold, they'll support the company either way "hey, if it makes the products cheaper, it's cool man - you win, I win". I suppose one who thoght about this may not care about their personal data being sold. I wonder if they are considering that this is used to target advertising meant to sway the unthinking consumers, in the end to manipulate as usual.

      Government is roughly in a loop with the unthinking masses. It's like you squeezed out the thinking and bottled up in government. You can't eliminate just one. You can't fill the hole in the ground without the pile of dirt you dug up. I see government/rigid social order as a "support group", a crutch while humanity gets its act together and figures out how to use its mind. Until then, I see government as a semi-essential element of the transition.

    4. Re:a rock and a hard place by Golias · · Score: 2
      As a libertarian (note the small "l", I am not a member of the Libertarian Party), I believe that the Federal government should be smaller than it is. We should stop the "war on drugs" which has brutalized random people without doing any real good; we should scale back our awesome military forces from countries where it does not aid our national interest and inspires terrorists to hate us; we should stop trying to dicker with the price of milk and let dairy farmers sell it for what the market says it is worth.

      Should we do all this out of some mad hatred for authority? No.

      The reason we want the government to scale back from so much is because it should stay on-task with the few things it should be doing:

      1. Protect our lives from violence
      2. Protect our rights
      3. Promote the general welfare (some libertarians forget this one)
      4. Uphold contracts
      5. Enforce the law

      I don't know all of the facts of the Toysmart case, but it looks like a pretty clear case of breach of contract. See item 4 on my list.

      --

      Information wants to be anthropomorphized.

    5. Re:a rock and a hard place by Steve+B · · Score: 5
      What is a libertarian supposed to think about it?

      This is a straw man. Contract enforcement is one of the few government functions generally accepted as proper by libertarians. Toysmart promised not to sell their data -- if they try to do it anyway, nail 'em.
      /.

      --
      /. If the government wants us to respect the law, it should set a better example.
    6. Re:a rock and a hard place by hitchhikerjim · · Score: 1

      I think you mistake the libertarian philosophy for that of an anarchist.

      Concepts like "less government" are deliberately vague so that politicians can get away with saying it and doing the opposite. Witness the '80s Republican stance of "less government" while raising the national debt and trippling the size of the US government. It's nothing but cheap useless political rhetoric.

      What the libertarian philosophy believes is very specific. A libertarian (philosophy, not party -- i'm not sure how the party stacks up with the philosophy) is that the government is needed, but it's only needed for a couple of narrow specific purposes... anything that goes beyond those purposes is bad.

      Two of those standard accepted purposes:
      - Defending the country from attack from foreign powers. That justifies an army, but not necessarily a large standing army. The size and nature are up for debate, but when the army is used for anything OTHER than defending from attack from foreign powers it oversteps the bounds.
      - Mediating disputes between citizens, and assisting in enforcing contracts.

      So... the FTC in THIS case is very much in line with libertarian philosophy.

      Libertarianism isn't about anarchy -- it's about the rights of the individual.

    7. Re:a rock and a hard place by MissKitty · · Score: 1
      Libertarian's want less...but enough government.

      I heard it once the libertarian role of government defined: to protect you for the enemies from outside (i.e., protection by the military against invasions) and the enimies within (i.e., protection from crime, IOW the judicial system). This is clearly a case to be run in the judicial system.

      I see no conflict with this case and libertarianism here.

    8. Re:a rock and a hard place by Golias · · Score: 2
      An American corporation is a group of Americans (and some foreign investors) doing business under one name. When you do business in America, you are subject to American law. It's that simple. No need for hyperbole about Target Corp. or RJR Nabisco being some kind of foreign power. They are not the ones with the guns.

      I know it is easy to get worked up about the evils of the "corporatists" after reading a few Katz articles, but if the Ma Bell break-up and the expected fate of Microsoft tell us anything, it is that we are still a nation of laws (when the system works).

      --

      Information wants to be anthropomorphized.

    9. Re:a rock and a hard place by Tester · · Score: 1

      Hi,

      Well, that's the problem with any strict political position. They do not adapt well. I'm Canadian, more exactly, I'm from Quebec. I believe that governmental intervention is very important. If there is little governmental intervention, then you have little democracy. Let me explain, democracy is the power given to the people through elections. And this power is in the government, if you have less government, then you have less democracy and it gets closer to what Katz calls "the corporate republic". Because businesses are logical and they want more profit, and they know that monopolies and dirty tricks brings them more profits. If their was no government to protect the average citizen, you would end up with something like the British 19th century, where most people lived in terrible conditions and very few aristocrats getting all the money and benifits.

      Many americans believe that they have little governmental intervention in their country. While this may seem true, I must first remind you that the US Army spends three times more money than the largest business.

      Another time when there was little governmental intervention and regulation was the 1920's. The stock market went all the way up.. until 1929 when it fell down and only strong intervention from the federal gov (New Deal... then the war) managed to get the US out of the crisis. Since then, the Feds have been much more active in the stock market, with important regulations and intervention. And there has been no Depression of the same size. The intervention of the government has the effect of limiting the amplitude of the economic waves. So they dont go as low, but also they dont grow as fast.

      Libertarianism and the reduction of governemental intervention can only lead to dictature or "the corporate republic".

    10. Re:a rock and a hard place by gadwale · · Score: 1

      I have felt this way myself a lot of times, and here is how I have been feeling lately:

      There is a third player in this field that you have ignored- The judicial system. If toysmart decides to sell my information, I should be able to sue them and stop them. That way you do not have to rely on the FTC to be nice and step in.

    11. Re:a rock and a hard place by Golias · · Score: 2
      Witness the '80s Republican stance of "less government" while raising the national debt and trippling the size of the US government.

      The Republicans did not control the budget in the 80's. Democrats controlled both houses of Congress for most of the Reagan/Bush era, and only congress has the power to write spending proposals into law.

      This is not to say that Reagan did not fail to live up to his rhetoric. The '86 budget deal was all his idea, and it was a major step away from small government.

      My point is that you should look to the Congress if you want somebody to blame for the balooning budgets of the 80's. For every MX missile Reagan and the Pentagon wanted, Ted Kennedy appended 20 Minuteman missiles that were built in his state; and the budgets for Health and Human Servies, the Department of Education, and several other social-program oriented federal branches actually grew faster than the military, against the wishes of the Gipper. They were Tip O'Niel's budgets, not Reagan's.

      --

      Information wants to be anthropomorphized.

    12. Re:a rock and a hard place by arodrig6 · · Score: 1

      I believe (like a good libertarian should) that there should be less government. That the government should keep its hands out of just about everything. But on the otherhand, without the government, toysmart can violate my rights.

      what sort of libertarian are you?

      Libertarianism isn't "no government" or "weak government" it is "controled government"

      Libertarians believe that government does have its place and should certainly do its job - its job is to protect our rights and uphold contracts. This toysmart thing perfectly falls underthat - a contract has been violated.

      --

      Who am I? Subscribe and find out
    13. Re:a rock and a hard place by Wellspring · · Score: 2

      So, as a libertarian, I have a problem here.. An inner conflict, if you will. One one hand, I believe (like a good libertarian should) that there should be less government. That the government should keep its hands out of just about everything. But on the otherhand, without the government, toysmart can violate my rights. Microsoft can crush my company. And I cannot stop them.

      That's the eternal question. Government can be a great force to protect those who it represents. But it can also easily trample on people's rights. Right now, libertarians and republicans believe that government is too big. Democrats and Green Party Members think that it isn't big enough.

      The LP wants to have a government which is pared almost completely away-- ie no foreign policy other than national defense, no consumer protection laws, etc. An idea LP consists of the police, the military (but they only deal with threats once they are at our borders), and the judiciary.

      Then you get something like this. Does this violate their privacy policy? Is this an assurance or a contract? I don't know, but I know it is a bad thing-- worse for the .com's which survive the current storm, and who have to deal with a suddenly more wary public. Many companies even used deceptive language to sell their data.

      I don't know what the libertarians will say, other than perhaps "if noone buys from .coms, they'll have to enforce their privacy rules". It hasn't worked so far, and won't stop companies going bankrupt, but maybe give it time.

      Of course, the Republicans have a more moderate view. They feel that there is a role for government in things like privacy, but that it is too big and powerful right now. You don't hear about it on the TV or in poly sci class, because they want you to think that Republicans Are Evil, but there is a very large number of republicans who adhere to libertarian principles but do see a need for government sometimes.

      No offense to the libertarians here (i think they're the second best party in the US), but I think that being ideologically absolute isn't always such a great idea. Government does have a role, though the LP is right to think that it is way out of control. In EE class, they always used to say that the world is analog. I think they were right about that in more ways than one.

    14. Re:a rock and a hard place by Golias · · Score: 1
      You are wrong about a lot of things here, but I will focus on the worst of it to keep things short.

      First of all, to be libertarian does not mean to think government has no role. Read through the above posts by me and others and you will get that pounded into your head.

      Secondly, the world is not analog. "Analog" (the adjective) means "closely simulating reality" (in modern contect, it is a close simulation because it allows for infinite variation instead of the uniform increments of digital representations), similar to "analogous". both of which come from the noun "analogue", which means a nearly exact simulation. Or, as Webster puts it:

      Main Entry: 1analogue
      Variant(s): or analog /'a-n&l-"og, -"äg/
      Function: noun
      Etymology: French analogue, from analogue analogous, from Greek analogos Date: 1826
      1 : something that is analogous or similar to something else
      2 : an organ similar in function to an organ of another animal or plant but different in structure and origin
      3 usually analog : a chemical compound that is structurally similar to another but differs slightly in composition (as in the replacement of one atom by an atom of a different element or in the presence of a particular functional group)
      4 : a food product made by combining a less expensive food (as soybeans or whitefish) with additives to give the appearance and taste of a more expensive food (as beef or crab) "

      The world is reality. A photo of the world is analog. A JPEG is digital.

      --

      Information wants to be anthropomorphized.

    15. Re:a rock and a hard place by EndlessDespair · · Score: 1

      Honestly? This is where the libertarian platform begins to fray at the edges a little. Libertarians, like any rational political movement, agree (as I understand it) that government should enforce legal contracts. (People who claim otherwise are generally trying to make some cash for themselves.) The problem is how you give it enough power to do so effectively. And it's that very compromise that moved the US away from a libertarian government initially. It's the old Jefferson vs. Madison debate -- personal freedoms vs. healthy organization. So I guess the thing to do is be a moderate libertarian. Plenty of room in the right wing between the center and the fringes. Government will save you, and it will screw you. It'll do both because it's a pretty big thing, and you yourself both help and harm people every day you live. Find a balance. Vote for it. Live it.

      --


      The price of freedom is eternal vigilance. (here's looking at you, kid)
  14. Is it a contract? by Gorbie · · Score: 2

    The heart of the issue here is whether or not the company promising its customers that such information will remain private is a binding and legal contract.

    While IANAL, I do know that in Massachusetts there are provisions to make even oral contracts binding. Oral contracts can be difficult to prove, but can be used as a legal agreement. This is a Massachusetts based company, but it is unclear whether this type of behavior would be handled under state law. If so toysmart's efforts have a really good chance of failing. Otherwise, I can give no opinion.

    While there is a question of law at hand, I am more concerned with the question of corporate ethics in web-land, especially when it comes to consumer privacy. When someone gives information to a site and specifically request that the information be kept secret, there is a good faith agreement that in exchange for the business they conduct, their wishes will be adhered to. In this case, there is no more business to be conducted. What happens to good faith when a web company goes belly-up? This could set a veeeery interesting precedent.

  15. Way to go FTC!!! by 4/3PI*R^3 · · Score: 1

    It just does my heart good see one of my US Government Agencies actually doing something right for its citizens instead bowing to the desires of corporations

    I am already drafting my letter of support to send to the FTC. All slashdoters may also do so (though I am sure they really only care about those who are US citizens) by sending a letter to:

    Federal Trade Commission

    CRC-240

    Washington, D.C. 20580

  16. Customers Are Commodities. by Alarmist · · Score: 1
    We've been heading in this direction for several years now. It took some time for large companies (and even small ones) to build up enough influence to pull this off, but it is now obvious that people are being treated as commodities once again.

    The last time they did this in the United States of America, it was called slavery and eventually it was outlawed; it seems that it was seen as illegal to treat people as property.

    Now, people are being treated as property again, virtually if not actually. A company can cover itself by saying, "We are only selling information, not the person!" but the truth of the matter is that in our day and age, information about a person can be a valuable asset in putting that person's resources at your disposal.

    Forget about blackmail--that's a naive idea. The real money lies in being able to analyze people according to their purchasing and surfing patterns, and tailoring ads to individuals that are nearly irresistable.

    For more than fifty years, citizens of the United States of America have been conditioned to believe that they must buy next year's model, that they must keep up with the Joneses, that every penny that isn't being spent on keeping them alive or sheltered must be spent on buying things that mysteriously fail to increase our quality of life. We are being taught to buy junk, and then we are forced to work longer hours so we can buy more junk.

    It is time to stop this nonsense. It is time to say, "No more!" Are you willing to trade your freedom for a few cheap trinkets?

  17. More to come! by Anonymous Coward · · Score: 1

    After viewing the Fucked Company website, it looks like a lot of companies will trying to do the same as Toysmart. Personal Information in the gold of the internet. Since most business plans for Internet Companies look like they were written by four-year-olds high on sugar about the only thing left after they die are the records of the fools that bought from them.

    A good example of Personal Information mining are AOL owned web sites. Just take a peak at any AOL owned website and notice how many cookies are sent from AOL on a single page load (at least four) from their ads server. Why do they need 4 cookies to track one user? Plus every cookie is unique so if you say no to the cookie, it pops up again and again wanting to tag your browser. I have almost given up using their web sites because I get tired of saying no to their cookies.

    1. Re:More to come! by DeeKayWon · · Score: 1

      One compound word: Junkbuster. Blocks cookies like a charm, and it's not near as hard to use as they make it sound.

  18. It not an asset, it's a liability! by (void*) · · Score: 3
    Yes, that is what the FTC should try to do. They should try to establish a precendent that such lists of customer data are not assets. They are a liability and should be disposed of entirely. Any disks storoing the information should be wiped by a reputable company. Any hard copies shredded. The penalty for leaking of this information to any partty would be the the payment of say - $50 - to each and everyone on the list, by default.

    This is the way to stem and break the trade in customer data.

    1. Re:It not an asset, it's a liability! by TheTomcat · · Score: 2

      The penalty for leaking of this information to any partty would be the the payment of say - $50

      I'm assuming you just pulled that number ($50) out of your head, and I'm not trying to call you on it, here, but how would we put a price on this?

      To my next-door neighbor, his personal information might not be worth anything, maybe he LIKES getting tons of junk mail, and has fun forwarding spam to his 'buddy list.' Perhaps to my other neighbor, personal information would be invaluable.

      I know that we've put a price on many invaluable commodities already, but where would we even start on this?

    2. Re:It not an asset, it's a liability! by (void*) · · Score: 2

      I admit there is problem with setting the price. But keep in mind that this is just a penalty, a fine if you like. It does not establish the worth of the data, just like a parking violation fine is not the "worth" of the parking space. This amount is in addition to whatever individual customers may do - sue them for privacy invasion or something. So the company is faced with two choices - shred the data, or if not, pay up. The choice is clear.

  19. Everyone's a libertarian... by isaac · · Score: 3
    ...until they are themselves faced with the need for consumer protection.

    Enforcing contract law is a vital role of the government. Without it, there's no recourse when one doesn't get what one pays for (in this case, I consider Toysmart's privacy policy to be a part of the terms of sale).

    -Isaac

    --
    I am not a lawyer, and this is not legal advice. For Entertainment Purposes Only.
    1. Re:Everyone's a libertarian... by / · · Score: 2

      A conservative is a liberal who's been mugged. A liberal is a conservative who's been arrested. Both become libertarians, come April 15.

      --
      "If one is really a superior person, the fact is likely to leak out without too much assistance" -- John Andrew Holmes
    2. Re:Everyone's a libertarian... by Golias · · Score: 3
      Why do people who don't seem to know the difference between libertarians and anarchists keep getting modded up as insightful around here?

      A libertarian belives that individual liberty is paramount to the existance of a free state, and that government must be established to protect the rights of the individual. That includes enforcing contracts. I defy you to find one leader within the LP, or one prominent libertarian writer who thinks contracts should not be upheld.

      An anarchist believes in the lack of controlling authority, where each looks after his or her own rights.

      You may want to re-read your old high school civics books. Start with Burke, Adam Smith, and Voltaire.

      --

      Information wants to be anthropomorphized.

    3. Re:Everyone's a libertarian... by Staciebeth · · Score: 1

      A conservative is a republican who doesn't believe in god.

    4. Re:Everyone's a libertarian... by isaac · · Score: 2
      A libertarian belives that individual liberty is paramount to the existance of a free state, and that government must be established to protect the rights of the individual. That includes enforcing contracts. I defy you to find one leader within the LP, or one prominent libertarian writer who thinks contracts should not be upheld.

      That may be the policy of the Libertarian Party(TM), but I was responding to the original poster who's self-described "libertarian" beliefs presented him with a moral quandry.

      I won't take you up on your challenge (re: LB leadership) because I believe you. I was using a rhetorical device to illustrate to the original poster that the notion that a government should uphold contract law is not necessarily incompatible with libertarian ideals.

      FWIW, I agree with some (but not all) libertarian notions, and am a member of no political party.

      -Isaac

      --
      I am not a lawyer, and this is not legal advice. For Entertainment Purposes Only.
    5. Re:Everyone's a libertarian... by Upsilon · · Score: 2

      Thank you! It's about time somebody cleared this up. Libertarians are not anarchists. They believe in a minimal government, not no government. I think that something like enforcing contracts is definately a useful role of the government.


      Now, personally I'm not a libertarian. I'm a registered independent, largely because I try not to confine myself to any specific philosophy or dogma and I believe in always trying to determine what the right solution for the problem at hand is. Still, I find I agree with a lot of the libertarian philosophy and I scored about 90% on their "Are you a libertarian?" test thinging, not that it's a scientifically accurate test or anything. Anyway, I think I had a point at some time, but I forgot what it is.


      Anyway, the question which started this thread really bugs me. First of all, I don't think there is a conflict between libertarian ideals and enforcing contracts, but that's besides the point. If the original poster does feel there is such a conflict, then why is he a libertarian? Why subscribe to a party philosohpy you don't agree with? 'Cause /. told you to?


      This get's into why I'm not a libertarian, despite the fact that I agree with 90% of what they say. I don't like dogma, I don't like canned solutions. Why can't people just think for themselves instead of being confined to a few predetermined options? There is no one magic solution for anything, let alone complex world issues. Take some time to actually evaluate different possibilities instead of just saying, "I'm a libertarian and this conflicts with libertarian ideals so I don't like it"!


      Anyway, that's enough incoherent ranting for one day.


      Of course, the notion of never letting yourself be influenced by dogma is, in of itself, a dogma.

      --
      I am not an idiot. Please use my name to email me.

      "That's right, I'm quoting myself."

      -Upsilon

    6. Re:Everyone's a libertarian... by Golias · · Score: 2
      I wouldn't be too tough on the guy that started the thread. A lot of people who call themselves "libertarian" were initially drawn to the philosophy when something the governement did really p???ed them off. Like they say, the recent converts are always the biggest zealots.

      Also, it sounded like he was just asking an honest question, where as many who responded to him were trying to characterize all libertarians as raving nutbags in the Michigan Millitia or something. It was their response that raised my hackles, not the original question.

      --

      Information wants to be anthropomorphized.

    7. Re:Everyone's a libertarian... by Golias · · Score: 2

      Sorry if I reacted more strongly than I should have, but the common mistake of equating libertarians with government-hating anarchists sometimes becomes like a Chinese water torture... it just gently hits you in the face, again and again and again. (And when somebody modded this common misconception up as "Insightful", it was the straw that broke the camel's back.)

      --

      Information wants to be anthropomorphized.

  20. "...let slip the dolls of war." by ktakki · · Score: 4

    FTC Seeks Battle with Toysmart


    Let's see...

    The Federal Trade Commission has a cadre of crack investigators backed up by masses of professional bureaucrats.

    Toysmart has warehouses full of Sooper Soakers and a legion of G.I. Joes with Kung Fu Grip[tm].

    My money's on Toysmart.

    k.
    --
    "In spite of everything, I still believe that people
    are really good at heart." - Anne Frank
    --
    "In spite of everything, I still believe that people are really good at heart." - Anne Frank
  21. Selling DB = Selling Company by kannen · · Score: 1
    What Toysmart is doing is actually pretty sly. They aren't actually selling the data as a company normally sells a product, they are selling it as a part of the Toysmart pie. Toysmart will not be able to sell the data over and over again, as one sells normally sells an application; this is a one-shot deal - winner take all. Toysmart is carving up what remains of its corporate corpse and selling off the pieces to the highest bidders.

    Furthermore, it seems entirely possible that whoever purchases the piece with the database prize piece contained therein will be bound by the same agreement Toysmart made to all it collected data from.

  22. You bankrupted us, now suffer the consequences. by Pac · · Score: 5

    So you tought that coming here and buying our crap merchandise ONCE, a miserable one time in your life was enough?

    Look at what you acomplished, you moron! We are out of business now, thanks to you! Why haven't you come back? Why haven't you told your wife, your husband, your neighbours, your friends to come and buy from us? Why?

    Know what, we will get even with you. Yes, just wait and see. We have you by the hand. We know where you live, we know your credicard number, we know your phone number.

    We will go out and sell all this to highest bidder. No, I have a better idea yet. We will sell it to MEANEST bidder.

    Your phone number will go to the worst direct marketeers in the country! Your address, to every church in your area. Your children's names will go directly to alt.sex.pedophilia.children.offer.themselves. Your wife's name we have already sent to a scort's online site. And your boss will be hearing about that sex toys you bought.

    You made us suffer. Now taste our revenge. Next time you will thinking twice before failing to help an honest and good online store to trive.

  23. Selling the Data, or the business? by game-theory · · Score: 2

    The article didn't make it very clear as to whether they want to sell the database of customer info, or if the database will change hands along with the rest of the company.

    The former seems to be a bad idea; as stated previously, even if the FTC didn't step up to the plate, they'd be facing a pretty lengthy civil fight (probably class action) against everybody who registered with them.

    The latter seems much more reasonable, and is what appears to be actually happening. This is certainly acceptable, I'd think. A corporation is an entity unto itself, and would retain ownership of the database regardless of who was pulling the strings behind the scene.

    But, if the latter is really going on, why was it reported in such a provocative way (i.e., "This company is going to sell your information even though it promised not to!") instead of a more direct manner ("This company is going to change hands."). Seems like rabble rousing to me.

    But, what do I know? ;).

    --
    -- if(game-theory) moderate++;
    1. Re:Selling the Data, or the business? by Captain+Constitution · · Score: 2

      Either way, using that data for unethical purposes is expressly prohibited by United States law.

      U.S. Code, Title 18, Section 1033 says: Whoever, by threats or force or by any threatening letter or communication, corruptly influences, obstructs, or impedes or endeavors corruptly to influence, obstruct, or impede the due and proper administration of the law under which any proceeding involving the business of insurance whose activities affect interstate commerce is pending before any insurance regulatory official or agency or any agent or examiner appointed by such official or agency to examine the affairs of a person engaged in the business of insurance whose activities affect interstate commerce, shall be fined as provided in this title or imprisoned not more than 10 years, or both.

      I hardly consider this rabble rousing when our Constitutional rights are at stake. The changing of hands will result in a flurry of red tape at the end of which we can rest assured that the new owners of Toysmart will use their customer database for the corrupt purpose of selling this very personal information to telemarketers. However, customers can take recompense for damages incurred by Toysmart's policies.

      From U.S. Code, Title 15 (Trade and Commerce), Chapter 8, Section 298: Suits by competitors, customers, or subsequent purchasers for injunctive relief; damages and costs Any competitor, customer, or competitor of a customer of any person in violation of section 294, 295, 296, or 297 of this title, or any subsequent purchaser of an article of merchandise which has been the subject of a violation of section 294, 295, 296, or 297 of this title, shall be entitled to injunctive relief restraining further violation of sections 294 to 300 of this title and may sue therefor in any district court of the United States in the district in which the defendant resides or has an agent, without respect to the amount in controversy, and shall recover damages and the cost of suit, including a reasonable attorney's fee.

  24. This is a sad world by Darkstorm · · Score: 2

    You know what scares me the most? The fact that even if they somehow stayed afloat, most of the people out there would still buy from them. Its a sad fact that there are millions of morons out there that just don't know, or care what people are doing with their private information.

    All the people who use major online companies for internet access are pretty used to spam from thier provider selling thier email address. They seem to accept this as normal and something that they deal with and think nothing of it. Look at all the "click to win" type sites. Where is all the money comming from to pay the winners? Why by the selling of the full info that you have to provide them to participate.

    I find it depressing that the internet has formed a new form of revenue in the selling of personall information to be abused by marketing people. Telemarketers, spamers, ect. And the very sad thing is this is being done by the companies you are purchasing items from. It isn't enough you are buying from them, they also sell your info to make even more money.

    Just thinking about all the uncarring people who will continue to use any company regardless of thier actions makes me sick.

    Hint: If you are logged on to AOL and reading this you might fall into the catagory I mentiond

    --
    If ignorance is bliss, the world is full of blissful people
    1. Re:This is a sad world by KevinMS · · Score: 1

      you can take a lot of the "commodity" out of that email address if you use sneakemail. By using it you have a great deal of control over that email address. If enough people start using it sneakemail addresses will start being seen to be of questionable value to buyers and sellers but will still be perfectly valid for legit use by businesses.

      --
      Sneakemail is to spam filters what an ounce of prevention is to a pound of cure.
    2. Re:This is a sad world by Darkstorm · · Score: 1

      One of the things I have seen recently when a freind sent me a link to a "win $1,000,00" site. I thought ok...I can click it...If I win they can have my info, I'll be moving anyway after getting the check.

      But before it lets you try it wants name, address, phone, fax, email...and about 15 other personal fields. Needless to say I didn't provide them with what they wanted.

      Offering a chance (small one at that) of winning money or other things and giving them all your info for their database is dumb. But I don't see them going out of business that fast, and more pop up everyday.

      If the people at /. are concerned about privacy, then most aren't providing this information. So the fact is someone is, actually allot of someones. These are the people not only allowing thier privacy to be abused, but it encourages other companies to do so also.

      --
      If ignorance is bliss, the world is full of blissful people
    3. Re:This is a sad world by dingbat_hp · · Score: 1

      "I don't care" is a good policy for dealing with privacy issues in a reasonably liberal Western democracy.

      So what if Toysmart have your data ? It's just another piece of junkmail to deal with. Junkmail is like Quentin Crisp's technique for not hoovering the carpets; if you try to get every last dust-bunny, then you'll spend your life doing it. If you just let it build up, then after a while it doesn't get any thicker. Junk volumes are asymptotic - after a while they reach a maximum, you can just dump the lot en masse and get on with life.

      Now before I have every Cryptognome in the subnet on my back, yes I'm aware how important these issues are. -- but this is a _toyshop_ FFS ! They're going to find how old my kids are and target me with "Save for College" plans - that's hardly house arrest in Lahore because a family member is a politician. Privacy issues are important, but a personal approach of just letting Toysmart have your data isn't unreasonable, and certainly not moronic (even if many morons also practice it).

      I wish the FTC luck with this (and with anyone else who tries it). As a Lessigite (sic) privacy advocate, I believe in maintenance of presonal freedom by strong government WHERE APPROPRIATE, and this type of reining in of big business is where using government is appropriate.

  25. BS by The+Queen · · Score: 1

    So we should abandon e-commerce as a viable outlet for business growth simply because we can't trust anyone not to sell our info? I'm glad somebody is fighting this battle; if the Net is going to become a permanent marketplace we're going to need to make sure companies stick to their promises. Being an informed consumer is one thing, but being an overly paranoid consumer might equal the death of the e-conomy.

    The Divine Creatrix in a Mortal Shell that stays Crunchy in Milk

    --

    The House Between - Original Sci-Fi Series
  26. click-through and shrinkwrap licenses by eln · · Score: 5

    There is a parallel, in my view, between this and "click-through" and "shrinkwrap" licensing schemes.

    From a common sense standpoint, the FTC has to win this battle. If they don't, this would not only make privacy policies essentially unenforceable, but other types of non-signature contracts as well.

    If a company is able to arbitrarily go against their posted privacy policy, then consumers should be able to do the same in reverse for any other similar type of contract. IE, I should be able to click on one of Microsoft's "I Agree" buttons on one of their click-through licenses, and then feel free to go against it at a whim. They are both equally valid contracts, requiring exactly the same effort to "agree" to them (clicking on a little button on a webpage), and both employing the same tactic for proof of identity (they take your word for it).

    It would be in any software company's best interests to fight on the FTC's side on this one.

    1. Re:click-through and shrinkwrap licenses by humphrm · · Score: 2

      Actually, by the power of the same court that will be involved in this case, you can.

      If you violate Microsoft's license, you're liable for mostly civil penalties. The Federal Bankruptcy court can wipe out civil liability.
      So, you "agree" to not redistribute Win2000 Pro, then do so anyway. Get a greasy lawyer to deal with the criminal aspects, if any and then just sit stoicly through the civil damages trial. Upon losing, you emerge from the state civil trial and announce your impending bankruptcy. Poof! You're out of debt, including the debt recently acquired at the hands of a state Civil jury.

      DISCLAIMER: I'M NOT A LAWYER. Consult a competent attorney before taking my advice, or, beter yet don't take my advice.

      --
      -- "In order to have power, I must be taken seriously." -Mojo Jojo
    2. Re:click-through and shrinkwrap licenses by ewhac · · Score: 2

      If a company is able to arbitrarily go against their posted privacy policy, then consumers should be able to do the same in reverse for any other similar type of contract. IE, I should be able to click on one of Microsoft's "I Agree" buttons on one of their click-through licenses, and then feel free to go against it at a whim. They are both equally valid contracts, [ ... ]

      Incorrect. There is a big fat hairy difference between overt representations and mutually-agreed contracts.

      The ad you see in the paper for a hard disk at Fry's is not a contract; the vendor has not entered into a binding agreement to sell you the item at the advertised price. That agreement happens at the cash register. Nevertheless, it is illegal to advertise a particular price, and then refuse to sell at that price (or claim they're out of stock and try and sell you a different piece of merchandise). Such an action is called bait-and-switch, and is rightly prosecuted by the FTC as fraud.

      Shrinkwraps, OTOH, claim to be a "contract" constraining your ability to use the merchandise you just bought and paid for. These are monsterously unethical instruments whose legality is still in serious question. See my lengthy editorial on why they shouldn't be taken seriously.

      You are attempting to conflate advertised store policy with a binding contract. I am certain that contract law and the fine points of assent to contracts will not be an issue in this case, nor will they be raised by the FTC. This is a straightforward issue of "bait-and-switch" -- consumer fraud.

      As for shrinkwraps, the sooner they are abolished, the better.

      Schwab

    3. Re:click-through and shrinkwrap licenses by rswinford · · Score: 1

      this is off-topic and probably will get me moderated down but i love this: "DISCLAIMER: I'M NOT A LAWYER..." I have this real feeling that someday we will all be lawyers.

    4. Re:click-through and shrinkwrap licenses by Tetsujin28 · · Score: 1
      If a company is able to arbitrarily go against their posted privacy policy, then consumers should be able to do the same in reverse for any other similar type of contract. IE, I should be able to click on one of Microsoft's "I Agree" buttons on one of their click-through licenses, and then feel free to go against it at a whim. They are both equally valid contracts, [ ... ]
      Incorrect. There is a big fat hairy difference between overt representations and mutually-agreed contracts.

      The ad you see in the paper for a hard disk at Fry's is not a contract; the vendor has not entered into a binding agreement to sell you the item at the advertised price.

      Good point, but the situation with Toysmart seems to be more complicated than a simple truth-in-advertising case. With Toysmart, people (including me) took affirmative action -- i.e., giving over personal information -- in reliance upon Toysmart's representations about its privacy policy.

      --------------------
      DISCLAIMER: I am a lawyer, but this post is not legal advice. If you think you may need legal advice, consult an attorney licensed to practice in your jurisdiction.

      --------------------
      WWW.TETSUJIN.ORG

      --
      - - - -
      The real Tetsujin 28 is a giant robot.
  27. teh gov by Tiro · · Score: 1
    For those of you who easily anger over the Government's involvement in anything, a story like this should remind you that Government really is on the side of the people.

    At least, in theory :]

  28. Think whatever you please... (kinda OT) by SvnLyrBrto · · Score: 4
    >What is a libertarian supposed to think
    >about it?

    You aren't *supposed* to think anything about it.

    Go ahead... think any damn thing you please. No one'll burn you at the stake. Form an opinion for yourself, and don't wait for the libertarian gurus to form one for you. Just because you belong to a particular political party/religion/group does NOT mean you MUST adjust your entire thought processes to fit it's doctrine.

    OTOH, some of those same entities *DO* beleive that everyone MUST think alike. And will go to great lengths to silence/excommunicate their critics. Which is why I will never support groups like the republican or democrat parties, the christian church, peta, cult of scientology, micro$oft, etc.

    But, the last I checked, there was nothing in the libertarian philosophy that said you MUST accept, beleive in, and think in line with, EVERY aspect of the philosophy.

    john
    Resistance is NOT futile!!!

    Haiku:
    I am not a drone.
    Remove the collective if

    --
    Imagine all the people...
    1. Re:Think whatever you please... (kinda OT) by linzeal · · Score: 1

      Some of the hard-core ayn rand cultists (who appear sporadically throughout the libertarian party) have not had an original thought in years.

    2. Re:Think whatever you please... (kinda OT) by Golias · · Score: 4
      It sounded to me more like he was asking for advice. Ultimately, we all make up our own minds, but the wise man listens to other perspectives first. He was obviously asking how libertarian dogma applies to this situation, but even if William F. Buckly himself posted an opinion here, that does not neccesarilly mean that he would blindly follow it.

      It just means he wants help sorting out what he sees as a vexing dilema, and to admit the need for such advice showed far more fortitude than your post, which reminded me of the mob in "Monty Python and the Life of Brian", who all shouted back "Yes! We are all individuals! Yes! We must all learn to think for ourselves!" in perfect unison.

      --

      Information wants to be anthropomorphized.

  29. NPR had this too by Montressor · · Score: 4

    National Public radio news had a long story on this on Friday.
    One of the possibilities identified is that a judge might allow the sale of the very valuable data (this sort of thing goes for 15 bucks a name,) to a company that agrees to uphold the same garauntee.
    The issues are complicated here, as the shareholders want some return of their investment, and this is one of the most valuable assets the company has.

    1. Re:NPR had this too by john_boy · · Score: 1

      I'd be very suspicious of any company that bought Toysmart's list at fifteen bucks a name, all the while agreeing to uphold -- wink wink nudge nudge -- the old privacy guarantee.

      John

  30. You misheard by / · · Score: 2

    It's not that they'll sell the data to such a company. It's that they'll sell all of Toysmart to such a company, thereby sweeping the customer data issue under the rug. Selling the data by themselves would be rather senseless if the receiving company isn't allowed to make use of them.

    --
    "If one is really a superior person, the fact is likely to leak out without too much assistance" -- John Andrew Holmes
  31. it's like Xoom.com by grahamsz · · Score: 2

    Somehow this reminds me of Xoom-we-will-never-put-ads-on-your-homepage-dot-co m, and their "They aren't ON your homepage, they are on top of it" policy.

    Toysmart may have pledged to never sell your personal details but toysmarts creditors probably aren't bound by the agreement that you had with the website.

    Unlike xoom.com, toysmart have little to loose. If they sell your details then the creditors will be happier and if they dont then it's no big deal really.

    It's a pretty sad situation

  32. For once, the government on the side of privacy by marian · · Score: 1

    It's incredible to see a government agency siding against big business, and with the private citizen here. It makes me wonder if maybe there is some small amount of accountability left in the US, rather than corporations being allowed to do whatever they please, whenever they please.

    Or it could just be a token gesture, done to lull the masses into complacency. It's very easy for people to not look closely at what's going on around them, as long as thing can be perceived as being ok.

    Cynical? Me?

    --
    "Suppose you were an idiot..... And suppose you were a member of Congress... But I repeate myself."
  33. Holy Cow by Hawk357 · · Score: 1

    Jim thinks that that is a bad idea

    --
    Get your own Red Swingline Stapler
  34. "IANAL! IANAL!" I *know* you're not a lawyer, k? by revscat · · Score: 1

    This is totally OT, but there's no "general /. bitch area" that I know about..

    Can we PLEASE make it an unspoken rule that by default posters are NOT lawyers. I swear every fifth post has "IANAL, but..." It's driving me nutso! Whenever lawyers DO pop their heads up and post, they clearly indicate that they are lawyers, this isn't legal advice, etc., etc. If you don't do this then you ain't an attorney and we just assume as much.

    Personally, I think all the sexually repressed geeks around here are subconsciously making up for it by throwing ANAL into as many posts as they can realisitically get away with. Freud would chuckle, that's for sure.

    - Rev.
  35. Why is this insightful? by GoofyBoy · · Score: 1


    Liability is just an accounting term. That makes as much sense as getting the Army to classify military weapons as liabilities so that it wouldn't fall into the wrong hands.

    I'm sure that Toysmart has some debits owing. These are liablilities and yet they are not going to go out and destroy them.

    Crappy moderating.

    --
    The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
    1. Re:Why is this insightful? by (void*) · · Score: 2
      In other words, once a company goes out of business, it would owe each and every one of the customers it has a profile on some money. What I am suggesting is that this *is* a debit of sorts. If the company can demostrate provably that it has indeed destroyed all records, then they don't owe this money anymore.

      The choices are simple - wipe the data, or pay the penalty.

  36. honesty is not a corporate value by peteshaw · · Score: 1

    What can we learn from this whole debacle?

    1.)corporations represent stockholders who as a rule value money more than principles.

    2.)Honesty only has value if it can generate goodwill or some percieved value.

    3.)Take away the incentive to remain honest and the corps revert to there scummy do-anything-for-a-buck selfs.

    4.)#3 especially applies to a corp that enters reorganization. A corporate mission statement looses much meaning when all your assets are getting repo'd.

    But honestly, I know in principle this sucks, but, I can't help but thinking. Who cares? So they tracked all of my toy purchasing habits for the last 12 months. They have illegally sold my lego purchasing fetish information to everyone with a buck who wants to purchase it.

    I just am not swept up with outrage here. Sorry!
    --Pete
    he felt himself being split into two haves, one part hot, one cold, one part hard, one soft, one part trembling, and one part not trembling, each half grinding against the other. -- ray bradbury

    --
    www.avacal.com -- the home page of pete shaw
  37. The libertarian response. by LoyalOpposition · · Score: 1

    So, knowing there are a lot more involved libertarians out there, what is the answer in cases like these - where the government stands between us and toysmart

    Adam Smith gives three legitimate purposes of government. I'm paraphrasing here, so please forgive me any lapses.

    1. To protect the people from invasion by foreign armies.

    2. To protect the people from each other, or, failing that, to administer a system of justice.

    3. To undertake those projects which benefit the whole people, but which will not profit any lesser group to undertake.

    Milton Friedman adds a fourth, and a precautionary warning.

    4. To care for those who are unable to care for themselves.

    The caution is: all of these should be interpreted narrowly.

    L. Opposition

    --
    I aim to misbehave.
  38. Re:sure should be by stubob · · Score: 1

    There are a number of points to be made for the prosecution in this case. 1. we (the consumers) have already had to go to court to have the option made available to us to NOT receive solicitation as a result of the the company selling our information that we are required to give them. 2. those checkboxes are usually easy to miss and have purposely confusing wording "Deunselect this box if you don't not want to not receive messages..." 3. Even though the company is going bankrupt, they are still acting as the company by selling their database and therefore still bound to their claim to not make this information public. In regards to your point about oral contracts, I would hope that a court would find an "I Agree" button to be atleast as binding as an oral contract, simply because the act of clicking the button is a tracable, recordable event.

    --
    Planning to be moderated ± 1: Bad Pun.
  39. Re:Preventable? by / · · Score: 2

    ... For the simple reason that Toysmart is in bankruptcy proceedings, and therefore anything that they do must be approved by a judge and given the imprimatur of the state. It's one thing for a company to reneg on an agreement. It's another thing for a judge to be holding the pooperscooper when it does.

    --
    "If one is really a superior person, the fact is likely to leak out without too much assistance" -- John Andrew Holmes
  40. Re:sure should be by Gorbie · · Score: 1

    All very true, and I tend to agree with you. If this case is decided under Mass. law, it will almost certainly be so. I can not speak for anything federal, though, because I am not familiar with the concepts.

  41. All Things Considered story about this by dsplat · · Score: 2

    Friday NPR's All Things Considered show ran a story about the Toysmart mailing list debacle. You can find it here or for the bandwidth challenged here.

    --
    The net will not be what we demand, but what we make it. Build it well.
  42. Re:Get them! by / · · Score: 1

    No, we need to start our own FTC and bring some competition to this market long dominated by a single monopolistic player.

    --
    "If one is really a superior person, the fact is likely to leak out without too much assistance" -- John Andrew Holmes
  43. Quantifying the threat by Elkman · · Score: 2
    I'm curious: Does anyone out there know what kind of personal information a company would know about its customers other than what the customer knowingly provides?
    As an example, I'm pretty sure that Amazon.com knows the following about me:
    • My name, billing address, and shipping address(es) I've used. That's pretty obvious.
    • My E-mail address.
    • My credit card number. Obviously, I want to protect this. However, even though Amazon knows my credit card number, I'm reasonably sure they're not going to submit bogus charges against it. If that ever happened, I'd call my credit card company.
    • My ordering history. Yeah, this is personal, but it's not like they can use this against me. Of course, if I ordered Slashdot Trolling for Dummies, I might think differently. (Besides, their history doesn't reflect the fact that I bought some books as gifts, so they seem to think I'm interested in the book Measured Drawings of Eighteenth-Century American Furniture.)
    • They could have a list of books and other items I browsed, but never ordered. That doesn't necessarily reflect my interests, though, as I'm reasonably sure I won't be ordering Harry Potter and the Chamber of Secrets.
    So, does Amazon.com know anything about me that I haven't told them? Or any other online retailer, for that matter? I can see that they could use my ordering history to get an idea of what my interests are, but that doesn't mean that they'll sucker me into buying every single book about Linux.
    If Amazon, or any other online retailer I've done business with, ever goes bankrupt and resells my customer information, I'm not entirely sure what the threat is. Sure, it's personal information and I'd really rather not have it resold, but I'd like to at least know how much of a threat this is.
  44. Our own "customer" database by dsplat · · Score: 3
    What is to stop the free software community from creating our own "customer" database. There's a great deal of information that I don't mind revealing about myself that would be a valuable marketting tool and good propaganda for free software be documenting the number of users and developers. Here's a suggested partial list:

    • What free software do you use?
    • How many computers do you use it on?
    • Do you use any proprietary software?
    • If you use Linux, which distribution(s)?
    • Are you a developer?
    • If so, which languages do you program in?
    • Which free software web sites do you visit regularly (more than once a week)?


    There would have to be a way to link the answers to people if it is going to sell. But a free software organization could collect such information from people willing to volunteer it and sell it, using the proceeds to fund projects. And a summary of the data could be a powerful argument for the size of the free software community whether or not it is sold.
    --
    The net will not be what we demand, but what we make it. Build it well.
  45. But does the buyer get the privacy agreement too? by Tau+Zero · · Score: 1

    Unless the purchaser of the Toysmart.com (name/customer database) remains bound by the same privacy and usage agreement originally agreed to by Toysmart's users, then the sale might as well be the sale of dozens of copies. The FTC is right to intervene to make certain that the original agreement is obeyed, or the data destroyed.
    --
    Ancient Goth: Someone who overthrew the Roman Empire.

    --
    Time is Nature's way of keeping everything from happening at once... the bitch.
  46. Re:"IANAL! IANAL!" I *know* you're not a lawyer, k by Golias · · Score: 1

    I could go for that. The rare lawyer could say IAAL, and we could just assume that nobody else is. Perhaps an update to the /. faq would be a good idea if we went that route.

    --

    Information wants to be anthropomorphized.

  47. Damages by Sloppy · · Score: 2

    What damages would arise from this?

    The information is beaing treated as an asset with value. Toysmart's violation of their promise could be interpreted a theft of that value. (i.e. Now I can't sell my info to the marketer, because Toysmart already sold the pirated info.) Therefore, the damages are at least as high as the sale price of the information.


    ---
    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    1. Re:Damages by MrScience · · Score: 1

      So, like, 10 cents?


      You should never, never doubt what nobody is sure about.

      --

      You quitting proves that the karma kap worked. The most annoying of the whores shut up. --CmdrTaco

  48. This isn' a hard place for libertarians by Sloppy · · Score: 2

    There is no conflict. Most libertarians approve of using government to oppose force and fraud. This Toysmart thingie is a form of fraud.


    ---
    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  49. Lessons from this by finkployd · · Score: 2

    Do NOT give a company any more than it needs to know to sell you a product. In the case of in internet based company, they need a name, credit card number (and expiration date), and address. That is IT. If they insist on getting more information, do business with a less intrusive company.

    I'm not sure where this trend started, but this business of a company not only taking your money for a product/service, but also demanding personal information for marketing purposes is outragous. If a book from Amazon costs $30.00, that is all they are getting for it, I refuse pay them more by giving them valuable marketing info that they in turn can use as currency with another company.

    So don't fill in false info or get around the "Bold means required" fields of an order form, simple take your business elsewhere, and make sure to inform them why you are taking your business elsewhere. If enough people refuse to hand over personal info, they will take a hint. Unfortunatly, people have been trained by these companies to fill out surveys every time they buy something.

    Finkployd

  50. Hey, what do you know? by Arawn · · Score: 1

    Toysmart is TRUSTe certified. Why am I not surprised?

  51. Blood from a turnip... by djrogers · · Score: 1

    Who do you sue in a bankrupt company, and more importantly, who pays the damages? They're already bankrupt, what do they care if another $100M is aded to their debt?

    --
    Think outside the... Hey, where'd the friggin' box go?
  52. Re:And when slashdot goes bust ... by Badmovies · · Score: 1

    While it might fall under "selling personal information" I think you really meant to post over here.

    Besides, why should someone be afraid to stand behind their opinions and views? If I say that Microsoft sucks then let it be known that I think Microsoft sucks. Anonymous criticism has so little impact anyway. Now saying that about the mob or an employer might have other considerations.

    To get back on topic, if Toysmart is being bought out as a whole by some other company I can see them having some ground to stand on. Selling off just the database of customer information to someone would be wrong though.


    Andrew Borntreger

    --


    Andrew Borntreger
    Champion of cinematic disasters
  53. Let departing co. officers know they're watched! by humphrm · · Score: 3

    I just posted the following to the Toysmart Feedback Page. Feel free to copy/paste my message - let the departing officers of this failed business know that they will not get off the hook so easily. So, you think you can quietly sell of my private information just because your incompetence lead to your failure? I will not give any private information to any web sites or businesses with known associations to the following privacy policy violators, at anytime in the future: David N. Lord Mark S. Reese John Puckett Roy Liu Sincerely, A Former Customer CC: slashdot.org

    --
    -- "In order to have power, I must be taken seriously." -Mojo Jojo
  54. Go for injunction, not class action by John+Jorsett · · Score: 2

    Sure the users could enter into a class-action lawsuit against ToysMart, but think about what happpens if you win: you become another creditor of a bankrupt company, and your info has still gotten away. What's that bought you? And where are you going to find a contingency-fee attorney to take on the battle for what will probably amount to no money? Perhaps a lawyer can comment, but as far as I know, class-action suits are only for monetary damages, and there are none to be had here. I think what you really want is injunctive relief based on breach of contract (part of the terms they're in breach of were that they would never release your personal info). I'd think a temporary restraining order would be relatively easy to get. Then the battle becomes the attempt to get a permanent injunction, which probably won't be cheap if they (in the form of their bankruptcy trustee and creditors) decide to fight it.

  55. how bankrupt can they be? by jabkie · · Score: 2
    from the article:

    against Toysmart, majority-owned by the Burbank, Calif.-based Walt Disney

    (emphasis mine)
    --
    --
    .signature fault. joke dumped.
    1. Re:how bankrupt can they be? by Trejus · · Score: 1

      I recently read an article on this, don't remember where, so i can't give you a link, but there partnership with disney is what killed them. The problem was that it's impossible for a fast moving dot com to make an allaince with a beurocratic giant. Desicisons that used to take a day to make, now took a month. For example, Toysmart.com was supposed to be the exclusive online distributer of disney books. However, disney did not approve this untill after the christmas shopping season. Many problems exactly like that kept toysmart.com from being as succesfull as it could have been. And because they were not that profitable, Disney pulled the plug on them. The people at toysmart.com had no say in this matter, they actually wanted to keep the company going, but the bigshots at disney, which owned controlling intrest, decided just to shut it down, and take it's losses.

      --
      "To save the planet, I had to go to the worst spot on Earth, and that was Philadelphia." -- Sun Ra
  56. Libertarians are individuals by dzimmerm · · Score: 1

    who do not want governments help with the proviso that they can take actions on their own to correct a problem. A true libertarian would take toysmart to civil court and sue their knickers off.

    --
    Jumping to correct solutions slowly is better than jumping to incorrect solutions quickly.
  57. And one cheer for TrustMe by sulli · · Score: 1
    They actually got involved on the consumer's side, sort of:

    Yahoo news report

    But they did leave themselves an out:

    Toysmart might still be able to use its customers' data to court financial suitors. Should the company be acquired and then restart operations under the same name, the FTC could technically decide that the data would not have been transferred to a third party. Steer says TRUSTe would accept such a solution.

    So I guess they could sell themselves to the KGB, as long as they said on their website: "Toysmart, a division of the Federal Security Bureau, Russian Federation."

    sulli

    --

    sulli
    RTFJ.
  58. What this is going to Cause by neema · · Score: 1

    Recently, upon signing up for services, I always provide my right address, but actions like this will cause me to have 2 e-mail addresses, a real one and a fake one. And if a company is trying to get out a deal or something, there is going to be alot of attention missed. And if people check that they dont want to receive any of these things, do what a respectable comapny would do and honor their request, as that is a sign of a honorable company. And nowadays, consumers aren't only looking for the cheapest price, but will pay that extra dollar for a good company. But don't worry... when news like this gets out, indiviuals will shun the company that released those addresses and coany's that accepted that kind of buisness, and it will be survival of the fittest in the buisness, where the fit respect the consumer.

  59. A bit more by finial · · Score: 1
    More information is here.

    Several sentences stick out here:
    The FTC was urged to investigate Toysmart.com by TRUSTe,
    yet they still display both the TRUSTe and BBB Online buttons. So, again, we are left to wonder what is the worth of TRUSTe and BBB Online in the wake of this and Doubleclick and RealAudio &c &c &c. Does it mean anything at all? My guess is no. There there are two sentences which leave me puzzled:
    But the company, which is 60 percent owned by Walt Disney Co. (DIS.N), placed an ad in the Wall Street Journal last month offering its customer lists and databases for sale.
    and
    and Disney opted to shut the company down rather than lose more money.
    So, does that mean that Disney is directing that this database be sold? If Disney can dictate that the doors be closed, aren't they the ones in charge of this sale/offer to sell? And
    ``It's very honed information,'' he said. The size of Toysmart.com's customer database is not publicly known, but CEO David Lord said in a previous interview that the company had 260,000 customers.
    Hmmm... Glad I never bought anything there.
  60. One slight problem by phoxix · · Score: 1
    I think that it is great that the US government is finally trying to do something about consumer privacy. Maybe all those ridiculous Internet start-ups may finally learn a thing or two about doing business in the REAL world. However there is just one slight problem to taking actions against companies such as Toysmart. Thought it may take action in the short term (and of course there will be long term ramifications) it doesn't truly help the problem in the long run. A more effective route of action is to actually INFORM and to EDUCATE the common public about privacy on the Internet and what it truly means to them.

    I maybe only 16, but I see a ridiculous amounts of ads on TV about how not to have sex and not take drugs. Even though the message that these ads try to convey is great and meaningful, I really don't care about them half the time. However, my question is that would it really hurt the government or anyone to put up some ads about privacy on the Internet? If we are told that compulsory education is the panacea for all of society's problems, why not take the time to educate the public at large by what is still considered to be one of the greatest forms of communication: TV.

  61. Royalties by neema · · Score: 1

    I read a comment here saying about how each name goes for about 15 bucks a pop. Perhaps it would get more customers to join in if they gave some money to the customers, cause I will put up with junk mail for money as I'm sure alot of other people would. Also, that would help them to get more people involved.

  62. All contracts are revoked by bankruptcy by YU+Nicks+NE+Way · · Score: 2

    The problem with the FTC's plan is that this is a bankruptcy proceding. The very act of entering bankruptcy releases an entity from all contracts between it and other entities. For instance, it releases the entity from the requirements between it and any employees it might have, and between it and any lien-holders it might have. Damaged individuals may be able to recoup some of their losses through the bankruptcy court when the entity's assets are liquidated, but that's all.

    I don't like this, but I rather suspect that the FTC is about to lose. Why should the contract between Toysmart and those customers who gave away information be any more binding than that between Toysmart and those customers who ordered merchandise which they will now never recceive?

  63. Dolls of war? by sulli · · Score: 1
    Toysmart has warehouses full of Sooper Soakers and a legion of G.I. Joes with Kung Fu Grip[tm].

    Actually, they have nothing! It's all in their suppliers' warehouses. That's the magic of the virtual store - when it's time to liquidate, you save a heck of a lot of time.

    sulli

    --

    sulli
    RTFJ.