More on Internet Privacy Legislation

Last week we noted that Senator Hollings had introduced a privacy bill and that there were likely to be more introduced. Now Salon has a piece critical of Hollings' bill. EPIC wrote about it as well, and they seem to think it's not too bad, all things considered. Read Hollings' bill yourself and decide who's right. Also of note is a bill introduced in the House that would require all Federal agencies to prepare privacy impact statements (the ACLU has a summary) akin to the environmental impact statements now required for actions adversely affecting the environment. Seems like a good idea to me.

Comments

sensitive/non-sensitive

[Transient0]

---direct quote from bill

(c) NONSENSITIVE PERSONALLY IDENTIFIABLE INFORMATION REQUIRES ROBUST NOTICE AND OPT-OUT CONSENT- An internet service provider, online service provider, or operator of a commercial website may not--

(1) collect personally identifiable information not described in subsection (b) online, or
(2) disclose or otherwise use such information collected online, from a user of that service or website.

---end quote

Salon's article does sem a bit overly critical. This bill is a necessary piece of legislation. Sure some would like to see it even stricter(prohibiting any spyware style market research), but as it is it prohibits companies from collecting sensitive information and also from collecting information which is non-sensitve but could potentially be used to identify you.

The Salon article implies that the bill will allow companies to collect all sorts of non-sensitive personal information and use it to build a complete profile of you, including the stuff that can't be directly collected due to it's sensitivity. This just isn't true.

Re:sensitive/non-sensitive

[mikosullivan]

"You have been added to our subscription list, please send an opt-out notice to our address to remove yourself, otherwise a charge of $21.99 will be billed to your credit card company as payment for services rendered".

(IANAL) I agree with your feelings on the matter, but there is a distinction, at least insofar as will be perceived by our lawmakers.

(Miko goes into lecture mode, pretending to be the guy in "Paper Chase") A contract requires a specific offer and a pro-active acceptance. A contract also requires consideration on all sides, i.e. everyone involved must get something theoretically of value. (That's why you hear about all those contracts in which someone gets one dollar. That one stinking dollar is the "consideration" received by one of the parties.) The scenario you describe wouldn't be a contract, because you did nothing to initiate the magazine subscription. However, an ISP can currently sell your name and other information and you aren't a party to that contract. You may feel like you're paying something out (your privacy) but that isn't currently recognized as something of consideration.

Furthermore, you can already establish a contract in which the ISP cannot sell your name and number. The problem is that most people don't know/care to do that and the contracts never mention the issue. Even if you tried to do so, most ISPs would simply look at you funny and keep smacking their gum. Ergo, in most real-world situations, the ISP has the right to sell your name because nothing in the contract said they couldn't. However, contracts are not entirely governed by their content. No contract in the world covers every possibility (Clause 182,383,282: Alien Invasions). That's why we have something called the Uniform Commercial Code. The UCC, among other things, sets the defaults for how contracts are interpreted. For example, if you offer to sell someone your car at a specific price (you have to set a specific price) but you don't tell them how long the offer is good, then they have a "reasonable" amount of time to accept. If you're wondering what's "reasonable", so have a lot of judges. One day is definitely reasonable. One year isn't. Now, back to the Hollings bill. What the Hollings bill does (theoretically) is establish some of those clauses that aren't explicitly covered in your contract with the ISP. The bill says, in effect, that unless the contract says otherwise, the ISP can sell your information, but if you tell them not to, they can't. Also, the ISP has to make it clear to you that if they intend to sell your info.

Who says the law ain't fun? Why, this stuff is almost as good as OOP.

I think I see his nefarious plan...

[phong3d]

I think Hollings is actually a visionary! He realizes that the high-tech industry can bring a lot of jobs and money into a state, and South Carolina's not really one of the hot geek destinations right now.

So, he's decided that if he can sponsor enough loony internet-related bills, he'll rile up enough geeks to move to South Carolina for the sole purpose of voting him out of office. Once they're settled there, they'll figure they might as well get jobs and some entreprenurial-minded individuals will start businesses that will eventually boost the economy of the state!

I have to admit, it's a brilliant plan from a brilliant senator, whose love of his state far outweighs petty concerns like hundreds of thousands of dollars in lobbyist contributions.

Bravo, Senator Hollings, bravo!

Sigh ...

[ProfMoriarty]

The problem with OPPA (as its currently called) is obvious (to those who read the article).

Unfortunately, this legislation looks likely it would pass, since it isn't as obvious to what's really going on ...

The second is "nonsensitive" information, and among that will include your name, address, and records of anything you buy or surf on the Internet.

Under the act, business can't collect or divulge the sensitive bits without your express consent, but anything classified as nonsensitive can be freely collected and sold at will.

This disturbs me more each day

[Eagle5596]

What bothers me most is that I think he will pass his bill, given that he can market it under false pretenses to both sides. By far the most disturbing part of this proposed bill however, is what they deem "nonsensitive information", namely my name, address, and shopping/surfing habits.

Don't be fooled, your name and address are two of the most sensitive peices of information you posses! In the hands of malicious people, it can simply be taken down to the DMV to bring up your file, and the unfortunate state of things is that most people list their social security number as their drivers ID (I changed mine to an anonymous number after taking a class in privacy, when we learned about the growing number of cases of identity theft). The fact of the matter is, I don't want people to have access to this sort of thing unless I give them it expressly. I also don't want information on my shopping and surfing habits getting released as it leads to phone soclicitations, as well as spam. What happened to the rights of the consumer? Why does congress allow bribes to give corperations the upper hand?

The world is changing rapidly, and our time is increasingly sucked away by meaningless adds. My parents can still remember a time not so long ago when junk mail was practically unheard of. Now we are saturated with it.

I think we ought to push for a bill which affords us a form of personal protection akin to the laws against tresspassing. In my opinion all cookies, spyware, etc that are installed on a computer without express permission from the user (EULA's are no good as no one reads them, and besides, we would be outraged if everyday were provided with a huge list of random comments, buried within which was a grant to tresspass on our property if we exit our house), should subject their makers to a fine. As a computer professional, my machines are a place I spend a considerable ammount of time, and I have a right to not have others intrude on my privacy.

As a final point, I realize that you can disable cookies, and most spyware, but it is ridiculous to assume that this makes them all right. Many people do not know how to do so, and above all else, we should never have to arm our computers with defenses just to preserve our rights. That is analogous to requiring everyone to bring a body guard when they left the house, or it would be legal to mug them.

*steps off of soapbox*, Sorry my wife is an IP lawyer and deals with this stuff everyday. We need more computing professionals in the government and law.

"Fritz Hollings" is today's secret word!

[Lendrick]

From now on, when you type the words "Fritz Hollings", be sure to link him to goatse.cx! Instead of just typing his name, type:

<a href='http://goatse.cx'>Fritz Hollings</a>

No sense of humor? Go ahead and mod me down. I don't mind.

What about "Sensitive" data?

[BranMan]

Most of the focus on discussion I have seen so far has been addressing the "non-sensitive" information, and how this bill will open the flood gates to allow companies to collect and share it on a massive scale.

I think this is a huge problem, BUT - doesn't anyone else see the problem with how "sensitive" data is defined in this bill?

Sensitive data can only be collected or shared on an opt-in basis. Sounds good, but isn't medical information (one of the "sensitive" items) protected more highly by the HIPPA acts? Won't this act undo everything HIPPA did to help protect medical records? All it takes is one hidden or weasle worked opt-in box to release all your medical information. Or finantial information. Once out there, it can be sold. Then it's gone for good - opting out at that point won't do any good.

We need to raise a huge stink about how trivially this bill handles critical private information - medical, finantial and other records.