Slashdot Mirror


Vermont Goes Opt-In, Corps Unhappy

jeffy124 writes: "Beginning Feb 15, a new Vermont consumer protection law takes effect requiring companies doing business with people in VT to require opt-in before they can sell/share that customer's personal information. Naturally, companies aren't happy, and trade groups are suing the state, claiming the law will raise costs of doing business and hurt consumers."

35 of 314 comments (clear)

  1. Hurt consumers? by Sivar · · Score: 4, Funny

    Ya, all sorts of horrible things happen to me when companies can't sell my personal information. :)

    --
    Computer Science is no more about computers than astronomy is about telescopes. --E. W. Dijkstra
    1. Re:Hurt consumers? by bwalling · · Score: 3, Funny

      I would be very upset if I stopped getting junk mail and dinner time phone calls. If my state did that, I'd probably sue them for the pain and suffering it would cause. You know, those people always have the best products.

    2. Re:Hurt consumers? by Darkstorm · · Score: 3, Insightful

      Just a though, but wouldn't personal info belong to the person, and by a company selling that information, wouldn't the person who owns that information (namely the person who's info is being sold) be entitled to royalties? I mean if a company took someones picture and used it in an add then that person could sue the company placing the add. Unless they got permission. So why is personal info so much difference than a picture, or a voice?

      I'd like 20 cents for every time my name address and phone # has been sold...I could buy a couple new toys for my computer.

      --
      If ignorance is bliss, the world is full of blissful people
  2. Legal options by wysoft · · Score: 4, Interesting

    What kind of legal actions are available for consumers who have been targeted by corporations who choose to violate opt-in laws? Does this apply to only coporations within state?

    Yes, maybe I should do my research, but I'm busy doing research for other things. Maybe I shouldn't be wasting my time here too! :)

    --
    -- I'll cut you up so bad, you'll wish I'd never cut you up so bad!
  3. oddly.. by skotte · · Score: 3, Interesting

    oddly i am in a whole bunch of "opt-in" solicitation services who send me bungloads of email everyday. i dont recall opting in fFor a single one of them, but that sure hasn't stopped them.

    1. Re:oddly.. by redcup · · Score: 4, Interesting

      okay, this isn't a troll -

      I'm all for opt-in as much as the next person. But with 2 millions new internet users every month, we aren't the target audience of opt-in or opt-out. And since tech-savvy users know how to alter their e-mail address and switch between temporary free accounts without too much disruption, the opt-in vs. opt-out argument really becomes a fight over new (and often ignorant) internet users.

      I have a friend who works in ad sales for a major .com (think: primary internet portal). They have a specific ad package that targets only newbies - ads that appear the first time the visitor has the cookie set. Apparently these users click on ads like crazy. They haven't learned yet. And with all the new internet users every day, there will always be a bevey of people that want to opt-in not knowing the difference.

      And when does opt-in really make a difference? How many e-mails for you have to receive with the subject "re: your e-mail about HOW TO MAKE $$$$$$ FROM HOME IN YOUR SPARE TIME" from unreadjunk@hotmail.com (yes, that is my real address, and no, you can't send me e-mail there unless you are on my address list) before you realize no one cares about in vs out... you get spam anyway.

      E-mail advertising use to be the next best thing. Heck, they even had studies saying we wanted this crap. These days, nobody does. Now they have studies saying we don't mind - make that want, even - SMS spam. When will they learn? When the newbies to the internet stop clicking on them. When the newbies stop buying from them. When the AOL users of the world learn better. But as long as those users are out there, they keep what is left of the internet free for the rest of us. I have a proxy that filters ads. I get 3 spams a month. And I don't pay a cent for a single site I visit. But the newbies do - with their clicks and their time.

      --

      RC
    2. Re:oddly.. by bero-rh · · Score: 3, Insightful

      And since tech-savvy users know how to alter their e-mail address and switch between temporary free accounts without too much disruption, the opt-in vs. opt-out argument really becomes a fight over new (and often ignorant) internet users.

      Not really - even tech-savvy users can't change their business or role accounts. I receive e.g. about 100 pieces of spam a day on webmaster at bero dot evenintelligentspambotsshouldntseethis dot org.

      It's similar for official contact addresses like security at spambotgotohell dot redhat dot com (which we can't change either...) - and address filters really aren't an option for those either.

      --
      This message is provided under the terms outlined at http://www.bero.org/terms.html
  4. Point for the People by snipingkills · · Score: 4, Insightful

    I consider this a point for all the citizens in Vermont. This makes it just a little harder to get personal information from businesses. Granted the information is still out there, but this is a step in the right direction.

  5. Ask us? by CoreyGH · · Score: 3, Funny

    Can't they do some broad consumer review asking how we, the consumers, feel about being hurt by this? That way we can all say, "Yes it hurts; but getting a little dutch rub from Vermont law is preferable to being boiled in oil by corparate if(screw customer=makemoney) then exec(screw customer) policy . . ."

    1. Re:Ask us? by jimhill · · Score: 4, Insightful

      The difference is that with postal mail, the advertiser bears the cost. With electronic mail, the recipient does. If you have a great product that will help me INCREASE my EJACULATION by 6000%!! then by all means you're free to try to get me to buy it -- but at your expense, not mine. Unless, that is, I have been in touch with you before and been so pleased by your FREE! and LEGAL! DVD COPYING! and CABLE! DESCRAMBLER! that I've given you blanket permission to let me know of any other miracle products you have to offer.

      Don't get so caught up in treating online and offline businesses "equally" and "fairly" that you neglect to see that when aspects of their conduct are different it is altogether right and proper to treat them differently.

      Goddammit, people. This ain't rocket science.

      --
      Learn to spell: nickel, missile, lose, solely, amendment, speech, kernel, probably, ridiculous, deity, hierarchy, versus
    2. Re:Ask us? by krugdm · · Score: 3, Insightful

      Of course, if they didn't have all that junk mail to deliver, then perhaps they wouldn't have to keep raising the price of stamps to pay for the infrastructure to keep increasing their capacity.

  6. Those poor consumers by Ed+Avis · · Score: 5, Funny
    Instead of adapting systems to meet the state's rules, they are warning that Vermont residents may be excluded en masse from the kinds of offers and information that data sharing allows.
    Oh, how my heart bleeds for the deprived residents of Vermont.
    --
    -- Ed Avis ed@membled.com
  7. Raising the cost? by malkavian · · Score: 5, Insightful

    Sure it'll raise the cost of bulk emails..
    Getting together a list of people that actually want to get something takes time, and a little effort.
    Just like putting an envelope in the mail raises the cost of sending junk mail that way.
    Why on earth should the ISPs and users downloading more and more spam ever day have to shoulder the cost of businesses 'targetting' them, trying to sell stuff that's largely not wanted anyway, and only interferes with trying to enjoy one's email quietly.
    I have two email accounts unusable now because of spam accumulation over the years from harvesters.
    That cost to me is rather great. And I don't make money like corporations.. I think it's about time they shouldered the cost for once, instead of trying to sue because they don't have it as easy as they used to, and they're now actually told they can only sell to people that want to go and get their product. Radical idea that.. Who'd ever have thought that people would actually have the brains to figure out they want to buy something and actually go looking, instead of you jamming their email box every day with cajoles and other annoyances.

    Malk

  8. Right on! by trenton · · Score: 5, Insightful
    Finally, government doing some actual good in the realm of technology. It's also easy to implement, as Costle said:
    The industry can just assume that everybody with a Vermont ZIP code has opted out. That's the easy way to fix your computers.
    For most people, that'd be 2 - 3 joins and a where zip between <= 05001 and zip >= 05907 clause.

    This whole opt-out deal sounds totally reasonable and something the people really want. Nice going Vermont!

    --
    Too big to fail? Does that make me to small to succeed?
  9. raise the costs of business, eh? by poemofatic · · Score: 5, Insightful



    I've asked it before and I'll ask it again:

    why is it that when the corps want to make money off of our data that "information wants to be free" -- but when the public wants to trade/make money off of their data that we need stringent IP protections??

    And don't tell me that it's because there is a cottage industry bult around violating our privacy, but no cottage industry built around unauthorized copying. If the legal status of the two kinds of info were reversed, so would the industries attached to them.

    I'm waiting for one of these data mining companies to patent "their" info and stick the BSA on anyone who copies it without their permission.

    --

    When in doubt, have a man come through a door with a gun in his hand.

    1. Re:raise the costs of business, eh? by Nicolas+MONNET · · Score: 4, Insightful

      Knowing what diseases I have, what brand of lubricant I use, how often I have hemorroids or what brand of bourbon I use to get drunk is not going to make the world a better place, but it can make one's life miserable if used wrongly.

      Being able to use software freely, improve it, share it with friends and adapt it IS going to make the world a better place.

  10. Raises costs, hurts consumers... by Black+Parrot · · Score: 5, Interesting


    Raises Costs: Sounds like they view easy profits as an entitlement, and expect the state to pass corporate welfare legislation rather than consumer protection legislation.

    Hurts Consumers: Mebe we should ask the consumers about this instead? (Why the heck do they suppose the legislature passed the law in the first place?)

    --
    Sheesh, evil *and* a jerk. -- Jade
  11. I like it by jchawk · · Score: 5, Funny

    Here's something you can do to fight snail mail spam in your state. When you receive a piece of junk mail, open it and take out the pre-paid postage envelope. Now open a second piece of junk mail and take it's contents and stuff it into the first pre-paid envelope. Repeat, Repeat, Repeat with every piece of junk mail you get. Then take them and mail them back to the fuckers who sent them.

    Think about it, they are paying twice to get 0 results. :-)

  12. Australian Govt department has sold my info... by vandan · · Score: 4, Interesting

    When I got my phone connected, they mis-spelt my last name. I have never seen my last name spelt like that ANYWHERE else.
    I am in charge of our mail server at work (Slackware 8 beast running sendmail, squid, mysql, imap, etc...). Recently I did the following search:
    grep unknown /var/log/messages
    I was surprised to see my an error message regarding an unknown user, which consisted of my first initial, and last name - MIS-SPELT exactly as Telstra had, @mycompany.com.au. So someone obviously got my first & last names from Telstra. They informed my that 'anyone' can get this from the phone book or http://www.whitepages.com.au. Fair enough. But how did they link it to my place of work? Telstra swear that they don't have any record of where I (or anyone else) work. So is this Australia Post, ASIO, or what? I make a point of NOT telling people where I work, as I understand that if this information gets into the wrong hands, people can make life 'difficult' for you.
    Any thought on how these 2 (Telstra's records of my name // my place of work) were related?

  13. Data Protection Act in UK by martin · · Score: 3, Informative

    This is covered in the UK for years with the DP act.

    Also we can 'opt out' of junk mail (the physical stuff) and junk phone calls (buy your windows from us etc) by signing up with a couple of lists.

    Its great I never get any junk mail, well Ok very rarely, and I never get cold called on the phone to buy stuff.

    Saves me time, saves the postman's back

    all in all about time you guys in the 'state got it.

    1. Re:Data Protection Act in UK by martin · · Score: 4, Informative

      They are the ...

      mail preference society

      phone preference society

      Both listed in the from the the phone directories.

      Takes at least three months for things to happen once you've filled in the formed.

  14. except by poemofatic · · Score: 3, Insightful

    in the case of corporations, who aren't people but merely abstractions. they can be censored, without violating anyone's rights.

    Also, the issue isn't censorship but ownership and rights of ownership -- if you read my previous post. Most of us slashdotters don't think there should be no IP laws. Just more of a balance. I'm trying to point out the scales are tipped too far.

    --

    When in doubt, have a man come through a door with a gun in his hand.

  15. the double standard is in by poemofatic · · Score: 3, Insightful

    the status of ownership and what rights that gives the user. When I copy -- or even buy -- digital data belonging to the RIAA, I still don't own it. I have very few rights -- which are being chipped away. Certainly no right to amalgamate CD's of the stuff, index the data thereon, and sell it as my own. Hell, I may not even be able to make a backup copy.

    But my personal data becomes the property of anyone who can get it. Wether by scouring the web, or paying for it, or just spying on me. I have absolutely no control over it. That's the double standard.

    --

    When in doubt, have a man come through a door with a gun in his hand.

  16. screwed up by pubjames · · Score: 4, Funny

    Naturally, companies aren't happy, and trade groups are suing the state, claiming the law will raise costs of doing business and hurt consumers.

    I'm a bar owner and I've decided the sue the state because not serving beer to juniors makes them unhappy and is hurting my profits.

  17. Catching up with Europe.... by MosesJones · · Score: 5, Interesting


    Over hear in the land of the unfree we already have these protections. We also have some other consumer protections that might be worth having

    1) They can't sell your data unless you let them (two whole tick boxes)

    2) The data isn't considered a company asset when the .com goes tits up.

    And as for hurting consumers.... bollocks, totally and utter. Reducing SPAM, being in control of your own information. Hell this _is_ what consumers want.

    Go Vermont, full credit to some law makers who aren't just in the pockets of big business.

    --
    An Eye for an Eye will make the whole world blind - Gandhi
  18. Forcing companies to sell by guttentag · · Score: 5, Insightful
    Opt-in is seen as a tougher standard because it forces companies to sell consumers on the idea of information sharing.
    How awful for the companies, and the consumers!

    Can you imagine what life would be like if my local grocery stores had to sell me their products? I'd have to go to the store, know what products I needed, wait in line with my neighbors and then have to actually sign a credit card receipt. What a nightmare!

    Fortunately, all the local stores automatically deliver the products I don't realize I need and deduct the cost from my checking account. As if I'd actually want to know how much they're taking! That would totally cut into time I'd much rather spend exploring all the special offers I've been getting in my email.

  19. This has nothing to do with the web by Arker · · Score: 3, Insightful

    Well, not directly at least. This isn't mandating opt-in for spammers or anything like that. They're talking about sharing personal information. While this may include email addresses, it's MUCH more than that - addresses, buying habits, banking practices, assets, etc. Companies do this all the time, and set "opt-out" policies that generously allow you to tell them to quit sharing whenever you become aware of it, but by then the damage is usually done.


    I'm a bit dubious of this case, because it wasn't legislated, a beaureacrat took it upon himself to re-interpret an existing law to say this, so the suit may well have a good point in this particular case. However, it's a great idea, a lot of states have legislation like that pending, and I am urging everyone to do something about this. See if your state has a bill like this pending - if it does, write your representatives and tell them you support it. If not, write them and encourage them to introduce one.


    --
    =-=-=-=-=-=-=-=-=-=-=-=-=-=-
    Friends don't let friends enable ecmascript.
  20. Where this will become interesting.... by sargon666777 · · Score: 3, Interesting

    I work for a Worldwide Telecommunications business, and they sell all of thier lists... The interesting part is when your national, and this law applies only to Virginia we will have to opt-out everyone only in Virginia. So that makes it a tad more difficult.. Considering half the time the state information we have for the customer is old, or out of date, or deliberatly inaccurate. despite the extra work this will generate however I think it is a good idea. Personally I jsut wish it was the whole US instead of just Virginia.

    --
    Am I lying when I tell you that im telling the truth? Or am I telling the truth when I say that Im lying?
  21. They want to force themselves on us! by Futurepower(tm) · · Score: 4, Interesting


    Wow, it amazes me that the companies will publicly go to court to try to force themselves on people.

    I only recently learned that my bank was selling my personal information. When I tried to opt-out, I discovered that they have a difficult procedure to do so. Also, I have three accounts, and they expect me to opt-out of each one separately, even though it is the same information.

    I would boycott any company that goes to court against opt-in.

    Notice the Sybase ad next to the Computerworld article. Will that sell Sybase products, or damage Sybase by annoying potential customers? The overall reality is that companies are often self-destructive in the way they interact with people.

    --
    Links to respected news sources show that U.S. government policy contributed to terrorism: What should be the Response to Violence?

    --
    Bush's education improvements were
  22. Better late than never... by Kjella · · Score: 3, Interesting

    We in Norway have had this for quite some time, and it works well. Apart from your typical "MAKE $$$$ FAST" and "INCREASE YOUR LENGTH WITH 200%" scams from somelameass@hotmail.com, it works well against (half-)serious companies stuffing your email. Threatening them with fines and imprisonment for up to six months (of course there's a world of difference between the average punishment and the maximum sentence) gets most people thinking...

    Kjella

    Kjella

    --
    Live today, because you never know what tomorrow brings
  23. Take VT with Permission by msheppard · · Score: 3, Funny

    After VT passed the same sex marriage law recognition thing, there were people opposing it and putting big signs on their lawns reading:

    TAKE VERMONT BACK

    The folks who supported the decision wouldn't be out done, and started putting signs up which read

    TAKE VERMONT FORWARD

    I dunno what view this guy was supporting, probably a comment on the whole thing, he had a bumper sticker which read

    TAKE VERMONT FROM BEHIND

    Maybe the new slogan for this political move could be:

    TAKE VERMONT WITH PERMISSION

    --
    Krispy Cream is people
  24. I did this for a long time by legLess · · Score: 5, Interesting

    A friend of mine works for the USPS, and she turned me on to it. It helps pay her salary, plus those business reply envelopes are expensive. She said the key was to get enough crap in the envelope that it weighed over an ounce.

    As a bonus, I made little flyers on bright paper: "This complete waste of your time and money was brought to you by [name, address] who would like to be removed from your mailing lists." I'd wrap a flyer around an ounce or so of ripped up paper and stuff that in the envelope.

    I viewed it as a lark, just a fun thing to do when I got home every day. But you know, after 6 months of it, my junk mail dropped dramatically. From 3 or 5 pieces a day to just 1 or 2 a week. In short, I'd strongly recommend this to anyone plagued by direct mail.

    --
    This isn't as much "normalization" as it is "don't take so many drugs when you're designing tables."
  25. A good start... by gordguide · · Score: 4, Interesting

    Europe has fairly strong privacy laws.
    Canada has passed a privacy law (applies to Federal Agencies now, will apply to everyone by (I think) end of 2002).
    I am more familiar with the gist of Canada's law, which goes:
    Must tell you what they are going to do with the information when they ask for it;
    Must get explicit permission from you to do anything other than what they said the first time;
    Automatically applies to any information given to a 3rd party or info which crosses a provincial or federal boundary.
    A single consumer complaint automatically triggers an investigation;
    It is backed by some pretty stiff penalties; huge fines and provisions to jail company directors.
    It is a crime to even ASK for a Social Insurance Number (ie Social Security #) unless authorized by legislation (Bank, Gov't Agency, Employer). You can refuse-I know one person who has never given the number out, even on Credit Card Applications, and yes, he gets his cards.
    I don't know about Maine, but recently the EU granted Canada's law to be sufficently protective of consumer's rights that Canada & Canadian Firms are "trusted" entities with regard to European Privacy Laws.

    1. RE: A Good Start... by gordguide · · Score: 4, Informative

      Here's a link which provides quick info regarding Canada's law:
      http://www.privcom.gc.ca/faq/faq_01_e.asp#006

      After reading it, it seems Private Companies will have to comply in 2004 (not 2002 as I guessed earlier).

  26. Hilarious! by kindbud · · Score: 3, Funny

    And that's exactly what companies might do. Instead of adapting systems to meet the state's rules, they are warning that Vermont residents may be excluded en masse from the kinds of offers and information that data sharing allows.

    Ooooo, I bet they're trembling in their boots in Vermont! Who wants to miss outon all those special offers?

    These people (marketers) need to get out more. They think threatening NOT to send stuff to people is... well.. a threat (giggle, chortle, snort! :). That's one of the funniest things I have ever read!

    --
    Edith Keeler Must Die