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Minnesota Bill Would Prevent Disclosure of Web Habits

jweb writes: "The Minneapolis Star Tribune is running an article about a bill in the Minnesota legislature that would make it illegal for an ISP to disclose personal information about websites that its customers visit. According to the article, this bill has passed both houses of the legislature, with one key difference: the House version requires customers to 'opt-out' of this information-sharing, but the Senate version would be 'opt-in', requiring the customer to specifically state that they would like their personal information made available. Not suprisingly, AOL and Yahoo are lobbying against it."

23 of 156 comments (clear)

  1. How will they enforce it? by wrinkledshirt · · Score: 4, Funny

    Minnesota, eh? I can just see it now...

    "Failure to comply with the terms of this legislation will result in you being thrown over the ropes and body-slammed into the announcer's desk."

    --

    --------
    Bleah! Heh heh heh... BLEAH BLEAH!!! Ha ha ha ha...

  2. Spyware by BrianGa · · Score: 3, Insightful

    Why does this bill not go after third party programs/spyware such as Gator?

    1. Re:Spyware by DeltaBlaster · · Score: 3, Insightful

      One thing at a time. Besides, ISP's selling information to other sources and programs/spyware (such as gator) are kind of different issues. One you really don't have any control over and the other you have some control (You can uninstall the software)

      Just my 2cents

      --
      (This Space For Rent) ....($50 A Month).... (Contact The Voices In Your Head)
  3. Yahoo! by sfrenchie · · Score: 4, Funny

    No doubt Yahoo! is lobying to get a "force re-opt-out" option in the House version. This "force re-opt-out" clause would allow ISPs to switch all of their customers to having "opted-in" every 30 days! Yahoo!

    --

    "The scientist describes what is; The engineer creates what never was." - Theodore von Karman
  4. We've been getting screwed by freakboy303 · · Score: 3, Interesting

    I live in Minnesota (and love it btw being from Dallas originally) and I think this has a lot to do with the BS that Qwest has been pulling lately although a lot of it could be election year politics in general because this is heating up to be vital election here. I can definitely say that writing your representative might have done some good here though since I went on a letter writing campaign on several issues a few weeks ago. Maybe the computer gods just love me though.

    --
    -- I am baseball in Minnesota.
  5. YOUR FAULT by Anonymous Coward · · Score: 4, Insightful

    They're tracking you, they can track you. Use peer to peer anonymizer tools like peekabooty.

    I've said it before, and I'll said it agai:

    WE NEED TO USE ENCRYPTION MORE.

    there.

    We all talk about using encryption, but how many of our emails are actually encrypted. We need to start encrypting regular email. Now, if you encrypt email.. it looks suspicious. Now, when you browse anonymously, it looks suspicious.
    Soon privacy will be suspicious.
    Don't believe me? Watch.

    If you dont defend it the fourth amendment will be a forgotten and irrelevant.

  6. I don't understand this privacy thing fully... by kenthorvath · · Score: 4, Interesting

    I'm interested in people's opinions. What is so terrible about directed marketing (NOT SPAM), but advertising targeted at a particular group of people? If no names are exchanged and there is no government conspiracy, is there really an issue? It would seem that targetted ads are more effective, thereby being less intruisive (they show you things that you actually care about), and reduce the need for more invasive methods of advertising which is like shooting in the dark. I agree, I don't want my porno preferences and sleeping arrangements sent to Big Biz, but is there actually harm in letting a little bit of information out? Just wondering....

    1. Re:I don't understand this privacy thing fully... by Tackhead · · Score: 5, Insightful
      > I agree, I don't want my porno preferences and sleeping arrangements sent to Big Biz, but is there actually harm in letting a little bit of information out? Just wondering....

      You've just made your own counterargument.

      Information wants to be free. Computers are devices that are designed to replicate and transmit information. Once a copy of the information exists, it can be replicated indefinitely and passed on from person to person.

      As a practical matter, there's no such thing as "letting a little bit of information out". It's like being a little bit pregnant.

      You can give information to groups you trust not to abuse it, but as soon as you make a mistake, you're fscked.

      I choose to give some personal information to Slashdot to set up an account because I trust them to keep it reasonably secure, and to inform me when they're 0wned :)

      Likewise, I choose to deny - to the extent that I'm capable - giving information to Doubleclick, Microsoft Passport, and basically anything else with a TrustE seal on it, because the only thing I trust such groups to do with that information is sell it to anyone who wants it.

    2. Re:I don't understand this privacy thing fully... by Anonymous Coward · · Score: 3, Insightful

      Well, there's this thing called dignity, and you go from there.

      But it's been my experience that people who don't understand the privacy thing, probably never will until the issue eventually harms them directly. Lack of empathy, or self esteem?

      People who invade your privacy are stealing from you. If you can't understand the type of loss that entails, I doubt I or anyone else can put it to words. At some point in your life you should have, or will, develop this understanding, if you are a healthy human being.

    3. Re:I don't understand this privacy thing fully... by Cutriss · · Score: 3, Interesting

      I'm interested in people's opinions. What is so terrible about directed marketing (NOT SPAM), but advertising targeted at a particular group of people?

      The problem is abuse. As markets move quicker and faster still, marketing budgets increase in orders of magnitude, as a company that has no name recognition for a product it's been selling for six months is basically screwed.

      The problem is that marketing knows only to match what the industry does - grow. We've seen many cases where a particular company staked out into uncharted territory and was richly rewarded for it...but on the other hand, we've seen tenfold or more cases where they were either scorned, slow, selfish, or stupid. Marketing in brute force is a proven tactic because even the worst product has a buyer somewhere who is stupid enough to fall for it.

      My problem with it is that marketing yesterday, today, and tomorrow is *all* about mindshare. Companies consistently bombard me with ads for a product that I either have already, don't have money for, or have no interest in altogether. I've been seeing banner ads all over the place for my DSL provider. I already have an account with them, so this ad is a waste of money for them. However, if targeted advertising wasn't a pipe dream, and if they had competition in my area (they don't), then their competitors would be bombarding me with ads day-in and day-out until I switched. And then what? I'll get the same treatment back from my old provider. If Coke knows you buy Coke and agrees tos top sending you ads, then what do you think Pepsi is going to do? Suppose you change to Pepsi. Then what?

      The problem is bigger than marketing. The problem is that, in the eyes of the industry, we have mutated from homo sapiens into homo emptoris.

      --
      "Mod, mod, mod...and another troll bites the dust."
    4. Re:I don't understand this privacy thing fully... by cabbey · · Score: 5, Insightful

      picture this...

      (location is an ISP call center, a phone rings)

      ISP phone droid #729: (picks up phone) Hello, this is $ISP, how may we make your ride on the information super highway smoother?

      caller: I'd like to purchase a list of your users that visit sights like mine for marketing purposes.

      phone droid: let me transfer you to marketing.

      (cut to plush office, with a sleazball in a suit... plaque on wall reads "salesman of the year 1999")

      marketing guy: Why yes Mr. Smith, we can do that. Simply provide us a list of domain names, and we can start send you a list of all $ISP customers that visited that site in the past month ... oh, you want (with emphasis) deep data retreval? ... (eyes spin and green dollar signs come up) Yes we can go back that far. (cha-ching sound)

      (cut to small office, large crucifix hanging on wall behind man on phone)

      man: Yes, that's the end of my list of domains. Uh-huh... yeah... ok I'll be looking forward to it in my inbox, and the check is on it's way. ... You too, thanks. (hangs up phone, turns to hand a slip of paper to someone off camera, revealing a cleric's collar) Sister Doris, would you issue a check to these folks from the Church's "alternate evangelism" fund please, and what is the next ISP in the yellow pages?

      (cut to another view of the same man in the same office, latter that week, working at a computer, removes floppy from diskette drive and turns to hand it to a woman at a smaller desk in the corner)

      man: Sister Martha, would you cross reference this list of email addresses against the church's roster, anyone that appears on both lists, please send them a tithe reminder, jot a note suggesting they meet with me after services on the back. Give the ones that don't match to brother Bruce as potential new members of the One True Way World Church, for his email campaign to save the lost souls.

      (fade to black, ominous music playing.)

      Think it won't happen?

      Think that's air you're breathing?

  7. Active participation is better here by alexhmit01 · · Score: 3, Interesting

    The terms are strange here, but assuming opt-out means that you took action (normally opt-in) to get out of data collection, that is better than opt-in (which would mean you sign a form allowing them to sell your data).

    Think about it. If you could just file a form with the state government, its pretty easy for anyone that cares to do so.

    If you need to be careful that you NEVER consent to the information, we're screwed. How carefully do you read everything? Ever miss a sentance in boiler plate agreements?

    My concern with the default being privacy, IN THIS PARTICULAR CASE, is that you'll get tricked into giving up your privacy. You'll have to watch every click, etc. I'd rather just have a form (online or offline) for people that care to fill out than to have to make certain that you never screw up.

    Alex

  8. Minnesota by 0xB · · Score: 3, Interesting

    Is this for websites in Minnesota, customers in Minnesota, or TCPIP packets which happen to go through Minnesota?

    I respect the right of people to make local laws ... but sometimes local laws simply can't work.

    --
    0xB
  9. What the. . . by czardonic · · Score: 3, Interesting

    What is it with these opt-out fanatics? It seems like a pretty bare-faced admission that they know that people don't want their products/services. Why must the vast majority of us who don't want to be solicited go out of our way to be left alone? Finally, what does it say about your product/service when your target audience is too inept to request it?

    --
    Takahashi Rumiko made beats! DON, taku, DON, taku. . .
    1. Re:What the. . . by Publicus · · Score: 4, Insightful

      I live in Minnesota, and the difference between the House and the Senate on this one is not surprising. The House is Republican controlled, and the Senate is controlled by the Democrats. What gets passed on the floor of the House and on the floor of the Senate means nothing, all of that is just posturing for campaigning. The Republicans don't want to seem anti-business or pro big-government. What really counts is the conference committees that are happening right now. It is there where the bills' differences are ironed out to be passed on to the Governor for his body slam, er signature.

      I shouldn't say the full sessions are worthless. Basically, if something isn't in the House or Senate of a bill, it's not going to appear in conference committee. Usually though, the two sides, behind close doors, make decisions that are much more moderate than their respective party caucuses would like to think. In this case, I would think the opt-in strategy will win. It will be interesting to see though, and I'm glad I live in Minnesota on this one, because I know my Governor is going to sign this one!

      --

      My Karma was at 49, then they switched to words. All that work for nothing!

  10. Congratulaions go to Congress by DarkProphet · · Score: 3, Insightful

    As a resident and taxpayer of Minnesota, I am pleased. The funny thing about Minnesota is that even though the state is mostly rural, its pretty hip to the whole tech thing. Outside California or New York, Minnesota is one of your more tech-friendly states. The cool thing is that the Congress is also very aware what the tech industry is all about. Its nice to live in a state where you can be a programmer and still live out in God's Country ;-)

    All gushing aside, I'm glad to see the Minnesotan Congress get something Good(TM) done (especially lately). I'm pretty sure Minnesota is also still suing Microsoft.

    Also, in this week's Pioneer Press TECH section, we had such articles such as Linux's determined quest as a desktop os. That article talked about CodeWeavers (of WINE fame) and the work they've done to allow Linux users to decently manipulate MS Office documents. There was also a nice writeup about the plight of internet radio, and how the RIAA is assraping them.

    --
    What could possibly hurt the security of the American people more than giving our own government the ability to hide its
  11. Opt In w/Rewards by stoolpigeon · · Score: 4, Interesting

    I would like to see a system where one must opt in and the companies who sell your information must compensate you to some extent.

    Maybe someone could put together a group to protect surfers (SIAA) and they could set up some kind of payment plan for companies who use personal information.

    And that information could be in a propietary format that expires in a set amount of time.

    I envision a grand future of riches for all surfers. (And SIAA lawyers)

    .

    --
    It's hard to believe that's how Micronians are made. Why don't we see it right now by having you both kiss one another?
  12. Online Life by BrookHarty · · Score: 4, Insightful

    This is actually a "GOOD THING" (tm), I'm rather impressed someone in local Government understands that people are moving parts of their lives online. There needs to be some basic protection from companies to mine this data.

    Just think of some of the areas, support groups for rape, drug use, violence, addictions, cancer, etc... Discussion groups, political, sex, food, hobbies, art, cars, investing, etc..

    These laws act like a catalyst. If we make opt-in mandatory, we can push other areas to require opt-in methods. Opt-out is a scam that big companies like AOL and Yahoo love. It takes a couple weeks for your Opt-out to register, while your data is already sold.

    Its bad enough, you can pull most of a persons life from DMV and Credit reports, do we need a persons intimate personal life also?
    -
    Any fool can tell the truth, but it requires a man of some sense to know how to lie well. - Samuel Butler (1835 - 1902)

  13. 'Minnesota Bill', eh? by nakaduct · · Score: 3, Funny

    Suit #1: We need to make more money!
    Suit #2: Perhaps disclose of web habits is the answer.
    Suit #1: I concur!

    (door explodes)

    Minnesota Bill: Not so fast!
    Suits #1&2 (unison): Minnesota Bill!

    (Bill lays waste to their plush conference room, taking their scumware source code and user database with him as he leaves).

    If this works out they can employ Bill's sidekicks, Nebraska Tyrone and Maine Blaine, in the fight against spam.

    cheers,
    mike

  14. Opt-in/opt-out: why you should care by TheMCP · · Score: 3, Insightful

    You should care because an opt-in system will default to giving you privacy, while an opt-out system will default to you not having privacy.

    Of course, we can expect the worst from everyone: if it gets made opt-in, everyone will just change their user agreements to require you to opt-in to subscribe to anything, and if it gets made opt-out, they'll just do their best to hide the opt-out screen and make the process as difficult as possible... but we can at least start out in the right direction.

  15. Re:What about the law? by CaseStudy · · Score: 4, Insightful

    The government can require them to keep track of the information as part of an investigation. But they need a warrant, court order or subpoena to ask for it. (Electronic Communications Privacy Act of 1986, 18 USC 2701 et seq.)

    The big problem is that the ECPA specifically allows electronic communications services to give this information to non-government entities without the subscriber's permission. Eliminating that provision on the federal level (making it illegal to give out that information absent either the subscriber's permission or a subpoena/court order) would be easily done and give a heck of a lot more privacy to users.

  16. Re:Face it...the Days of the Free Internet is over by Todd+Knarr · · Score: 3, Insightful

    One major difference, though. If I go to Fiori's every day, the staff there will get to know me and my habits. If I go to Giovanni's, the staff at Fiori's don't know what I ordered there, and it's none of their business. If I want them to know, I'll tell them. My objection to the way businesses want the Internet to work is that it's the equivalent of Fiori's and Giovanni's not just sharing my habits without my permission but the local Restaurant Association snagging the information from both of them to target advertising at me without my permission to do so. If I had wanted Fiori's or the RA to know what I ordered at Giovanni's, I'd've told them. I didn't, so I probably don't and I don't appreciate their spying on me behind my back.

    And if I'm going to the Kelly Blue Book site, I probably don't want ads for particular cars. I want information on the cars I ask for. This is where most businesses get tripped up, trying to guess what the customer wants instead of just asking him and then giving him what he asked for. I don't appreciate stores where the staff are constantly hovering behind me interrupting while I'm looking, and I don't appreciate it on-line either.

  17. It's not just the privacy issues by maddogsparky · · Score: 3, Insightful
    What bugs me is that spam is not like other advertising in that it can cost me money or deny me service without me doing anything! Consider:


    Telemarketing does not cost you anything that you are not already spending (unless they call you on a cell phone). Sure, if enough call you, their industry could deny you phone service (much like a denial of service attack). But phone calls are reletively expensive since they have to pay a real person for each call. If somebody wants to get a hold of you, they will get through.


    Snail mail may fill up your mail box, but it doesn't cost you anything other than the time to throw it in the garbage.


    Radio and TV ads don't cost you anything but time.


    Email and Internet access are something that many people pay for based on volume (or time). If your name gets on the wrong list, a person could use up a significant portion of their monthly allocation to downloading garbage--and they wouldn't be able to do a thing about it. This form of advertisement actually deprives people of a commodity that they paid for.


    Now if advertisers had to pay to send unsolicited email, perhaps through your ISP account, at least enough to cover the cost you would pay to download their messages, they might have a leg to stand on.


    But they don't.

    --
    science is a religion