Slashdot Mirror


Microsoft Calls for National Privacy Law

tabdelgawad writes "Brian Krebs, who writes the Washington Post's Security Fix Blog notes that Microsoft has just asked Congress to enact a new federal privacy law to preempt the growing hodge-podge of state laws that regulate how companies can use personal information. Go Microsoft!?"

274 comments

  1. Don't let your head explode by jellomizer · · Score: 5, Insightful

    Before your heads explode, you must say to yourself, Microsoft is only a company. Companies job is to make money, not to do good or evil, if doing good will help the company make or save money then they will do it. In this case for companies like Microsoft it is easier for them to follow one set of privacy laws except for 50 different laws and with the internet it makes it more convoluted.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    1. Re:Don't let your head explode by QuantumG · · Score: 3, Funny

      Exactly my thoughts. Anything the greases the wheels of multinational corporate greed has to be a bad thing. So let's introduce more privacy laws. Maybe on a county by county level, and different laws depending on the annual profits of your company and your previously indicated tendency to evil.

      --
      How we know is more important than what we know.
    2. Re:Don't let your head explode by NaruVonWilkins · · Score: 4, Interesting

      I think that the same can be said for many, possibly a majority, of people - at least in the US. Sure, sometimes we do things for charity, sometimes we do things because we feel they're right, but there are so many things we do simply because they're cheaper. We don't know, say, what the conditions are in the factories where our clothes are made, but we buy them anyway.

      Companies are a more distilled form of this. There are, of course, exceptions - more people than corporations, certainly - but I think the concept holds.

    3. Re:Don't let your head explode by bersl2 · · Score: 2, Insightful

      Besides, it's not as though we didn't want this to come about before they announced this. I wouldn't consider them any kind of leading authority on the importance of privacy. Sure, they're influential, but that's because they have lots of cash.

    4. Re:Don't let your head explode by AuMatar · · Score: 5, Insightful

      OF course, you have to assume that they'll do good here. Like the CAN-SPAM law, the federal version will likely be weaker than many state versions, and will override the state versions making them unenforcable. MS doesn't really want a law to protect people- they want a law that allows them to do basicly anything. Just watch, the law they push will basicly be "If its in a privacy policy, they can do whatever they want".

      --
      I still have more fans than freaks. WTF is wrong with you people?
    5. Re:Don't let your head explode by vectorian798 · · Score: 2, Insightful

      Funny how when Slashdot talks about Google and the Summer of Code, everyone's jumping up in joy praising Google for their work while when Microsoft does something beneficial to consumers, someone HAS to nitpick about the motives. Correct me if I am wrong but Google stands to profit from SoC as well since they use so much FOSS.

      In any case, a company's job IS to make money, but why should we complain when we (consumers) stand to benefit. Having a big name like MS back up the CDT, ACLU, and EPIC is a good thing.

      PS: If you wanna go by motives, please be more consistent with your judgements (this is for Slashdotters in general).

    6. Re:Don't let your head explode by Py+to+the+Wiz · · Score: 2, Insightful

      First of all, I agree, companies' primary job is to make money. But the fact that a company's actions may be motivated by profit does not mean they aren't commendable. Think about it, when google supported OSS development, everyone praised it, even though google was just in it for the money.

      Likewise, just because MS supports a federal privacy law doesn't mean it's a bad thing. Too many people on Slashdot seem to be looking for reasons to hate microsoft.

      Secondly, while companies PRIMARY goal is to make money, many companies have foundations that are entirely non profit charity organizations. Just because a corporation is involved, do not automatically assume evil as the first reply to the parent did. Now I'm not saying that this particular MS move is out of the goodness of their heart, just that companies in general are not solely greedy money-making machines.

      --
      Fight the fall of slashdot by supporting PlayfullyClever in your sig.
    7. Re:Don't let your head explode by ergo98 · · Score: 2, Insightful

      But the fact that a company's actions may be motivated by profit does not mean they aren't commendable.

      Commendable might be a bit strong of a word. Agreeable perhaps, but not commendable.

      For instance in the era of Rosa Parks, most private bus companies fervently disagreed with segregation rules. Champions for the oppressed? No. Most of the owners were terrible racists, but they saw profits hurt by the law. It doesn't make their opposition commendable, it makes it coincidentally parallel with real good.

    8. Re:Don't let your head explode by LifesABeach · · Score: 1, Flamebait

      The problem with Microsoft is that the Federal Justice Department says their evil. The innovations that Microsoft has brought to the market place have come at the price of being convicted a thief, and a cheat; These are not trivial accusations. I guess maybe that's why I'll never be a Billionaire; For me, good products, and good customer service without compromising ethics is still important.

    9. Re:Don't let your head explode by IWannaBeAnAC · · Score: 2, Insightful
      Maybe slashdotters have a sense of history? Microsoft has a lot of baggage they need to make up for.

      ARGH, this was supposed to be a link to the Halloween Documents. Apparantly they have been moved to ESR's personal site (why?), but I cant find them (and I find ESR to be annoying enough that I really dont want to troll through his personal site much).

    10. Re:Don't let your head explode by Concerned+Onlooker · · Score: 0
      We don't know, say, what the conditions are in the factories where our clothes are made, but we buy them anyway.

      Exactly. And that is why when we wonder why the world is such a crappy place we don't have to look far, we only have to look in the mirror.

      --
      http://www.rootstrikers.org/
    11. Re:Don't let your head explode by Py+to+the+Wiz · · Score: 1

      Fair enough. What I really meant was that the company's actions result in something that is commendable e.g. the abolition of segregation laws or in this case the creation of a federal privacy law.

      --
      Fight the fall of slashdot by supporting PlayfullyClever in your sig.
    12. Re:Don't let your head explode by zoomzit · · Score: 3, Interesting
      Well, past experience certainly do color perception of current actions. If Google promoted monopolistic practices time and time again, I'd question their motives too.

      If you saw Mother Teresa (were she still alive) beating someone, you'd wonder if the person somehow deserved it.

      Likewise, if you saw Hitler petting a bunny, you'd wonder if there was a more sinister motive.

      Not that I am equating Mother Teresa to Google and Hitler to Microsoft...

      oh wait... I am.

    13. Re:Don't let your head explode by RoadDoggFL · · Score: 0, Flamebait

      Your mirror...

      --
      "This is considered plagiarism."
    14. Re:Don't let your head explode by mboverload · · Score: 2, Funny

      I'm a nudist you insensitive clod!

    15. Re:Don't let your head explode by Anonymous Coward · · Score: 0

      Wait, I don't get it. You'd hurt all inter-state companies just to make it harder for the multinational companies to have it slightly rough?

      A National privacy law that lets businesses easily understand the rights of the customers is a good thing, no matter who it benefits.

      Microsoft knows this, I'm surprised the average joe doesn't.

    16. Re:Don't let your head explode by dgatwood · · Score: 2, Insightful
      Yup. If Microsoft really cared at all about the consumer on this one, they would deal with the state laws, choose the strictest of them, and comply with it across the country. Unlike with tax laws (where overcharging is a no-no), there's nothing stopping them from being more anal about privacy than is necessary.

      In fact, one could reasonably argue that if they were NOT trying to do something bad (or at least potentially bad), they would have no need to worry about privacy laws because they wouldn't run afoul of them anyway. These state laws are there for a reason. They are a reaction to years and years of corporate abuse. Oh, a corporation wants to tear them down? It's too hard for poor itty bitty Microsoft to play by the rules? Boo f-ing hoo.

      I don't think so.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    17. Re:Don't let your head explode by An+Onerous+Coward · · Score: 1

      I think individuals are less culpable in such situations. Consider that we're all very busy, living relatively complicated lives, and for one individual, keeping track of the ethical successes and failings of dozens of different brands is just one more very complicated task to pile on top of an already strained life.

      But when a big company decides it needs 300,000 shirts to stock in their stores this holiday season, it adds little to the transaction cost to have somebody study their suppliers' working conditions. It's just one more checkbox to take care of before signing the papers.

      "Reasonable price? Check!"

      "Good stitching? Check!"

      "Colors don't run? Check!"

      "Workers not chained to their benches? Check!"

      The point is, companies can afford to have the sort of expertise that is simply beyond the reach of individuals making decisions. They hire accountants to plan out complex ways to save money. They hire productivity specialists to find novel ways to get the most out of their employees. But I don't think many companies rely on ethicists to help them find ways to not hurt people in their quest for profit. It's a sort of expertise few of them seem to want.

      --

      You want the truthiness? You can't handle the truthiness!

    18. Re:Don't let your head explode by Anonymous Coward · · Score: 0, Flamebait

      In other words: you don't know what you are talking about, yet you just can't bear to shut the fuck up.

      (See your other clueless posts.)

    19. Re:Don't let your head explode by the_bard17 · · Score: 2, Insightful

      In most situations, I'd agree with you... I'm not a big fan of big business. But this might hurt small business more than it would hurt big business. A small business may not be able to afford to cut/sort through all the different laws required to do business in multiple states... whereas a big business could more easily absorb the cost. I don't like that.

    20. Re:Don't let your head explode by An+Onerous+Coward · · Score: 2, Insightful

      Let's look at this cynically. I mean, I shouldn't have to be the only one, should I?

      If I were Microsoft, I would be thinking, "If we let the states each pass their own regulations, and we do business in all fifty states, we're pretty much stuck abiding by the most stringent provisions of each. That will suck."

      "But if we encourage a national law that pre-empts the state laws, it will be much less restrictive."

      As someone else pointed out, the CAN-SPAM Act undermined several far superior anti-spamming ordinances. Microsoft's goals here could be to protect people from privacy abuses, to make the regulations more streamlined, or to allow them to perpetrate privacy abuses that they can't do right now under state laws. I'd say "we'll have to see," but by the time we do see it, it will likely be too late.

      --

      You want the truthiness? You can't handle the truthiness!

    21. Re:Don't let your head explode by WilliamSChips · · Score: 1

      When you can't find it on the opensource.com site, use a mirror,

      --
      Please, for the good of Humanity, vote Obama.
    22. Re:Don't let your head explode by QuantumG · · Score: 3, Insightful

      Uhh, the whole freakin' point of a small business is that they don't do business in multiple states. By nationalizing the law you're making it cost the same to do business in multiple states as it costs to do business in one state. But more importantly, you're taking away the ability of individual states to customize the law to the needs of their citizens. I'm sure the people in West Virginia have a different opinion to the people of Texas about what a company should be able to do with their personal information.

      --
      How we know is more important than what we know.
    23. Re:Don't let your head explode by Anonymous Coward · · Score: 0

      "Blah blah Microsoft is sooooo evil yet I still make Xp software blah blah"

    24. Re:Don't let your head explode by pbaer · · Score: 1
      Besides, it's not as though we didn't want this to come about before they announced this. I wouldn't consider them any kind of leading authority on the importance of privacy. Sure, they're influential, but that's because they have lots of cash.

      So? The validity of a statement is independent of the quality of the person that said it. Simplified form: Even a blind squirrel finds a few nuts.

      It doesn't matter that you dislike microsoft, the idea is a good one and microsoft is a powerful company that has the finicial resources to promote political change.

      --
      There are 11 types of people, those who know unary and those who don't.
    25. Re:Don't let your head explode by someone300 · · Score: 4, Insightful

      A company has a choice about how it makes profit. Some of these ways might benefit the public, some might not affect the public, and some might make everyone's lives worse.

      Google, for example, as a company want to make profit. They can do this through targetted advertising. Their advertising is more intelligent and reaches the people who might care enough to click it if they have a larger database of information and users to sort through, so they offer many services. Some people might be concerned about the privacy of it, but nearly all public webmail services and stuff keep the user's data on a computer they don't own. All their software does is scan your emails and display relevant adverts... it's not as though people sit there reading your emails. But if you don't like their stuff you can block the google cookie and get on with your life.

      Microsoft usually do their business through monopoly and things that hinder others, specifically those who choose not to use their software and services. It's not usually a case of just migrating away from Windows, since you have to deal with other Windows users sending you things you can't open. However, if Microsoft do the right thing, (even for the "wrong" reasons.. like profit), then it's a good thing, and if they see this having a positive effect maybe they will do more good things.
      Microsoft have a hell of a lot of power and money, maybe we could prompt them to use it for things that will benefit us.

    26. Re:Don't let your head explode by QuantumG · · Score: 2, Funny

      If you really wanna go offtopic, let's talk about small business on the Linux platform shall we? If I were to release a version of my software for Linux the immediate response I would get is that it is completely unnecessary, as software like netstat, nettop, and tcplog work flawlessly on Linux, are free, and my software is no better. Supposing my software was actually useful on that platform, someone would most likely demand that I open source it, and when I refused they would clone it and open source their clone. As such, the only software that can be sold on the Linux platform is open source licensed, or is so large that cloning it is beyond the capability of a small group of developers. i.e., only software that is developed by big business can be sold on the Linux platform. Anything within the capabilities of a small business cannot be sold without being cloned, and a small business can't afford to support open source licensed software as the profit margins are too thin. So what's the alternative? If I could develop software for Mac I would.

      --
      How we know is more important than what we know.
    27. Re:Don't let your head explode by servognome · · Score: 1

      The point is, companies can afford to have the sort of expertise that is simply beyond the reach of individuals making decisions.

      What ethical guidelines should they follow? In most situations international businesses provide significantly better conditions than local employment. Morally they can justify they are doing the right thing.
      Now if you want the company to impose your ethics you have the power to do so, through how you spend your money.
      If a company sees their brand is more popular because they show up on the news doing great things for their employees, then others will follow suit trying to one-up each other in "Moral Popularity"

      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    28. Re:Don't let your head explode by symbolic · · Score: 1


      It's WAAAAY to early to tell if this is something that will benefit consumers, or benefit Microsoft. As others have pointed out, things become a lot easier for companies like Microsoft if they have only one set of laws to deal with, rather than a morass of 50. What this also does, is make it MUCH easier to get the law changed if it doesn't happen to fit within their objectives. Who will actually benefit, if anything, remains to be seen.

    29. Re:Don't let your head explode by laughingcoyote · · Score: 5, Informative

      And if they don't, who holds them accountable? Ideally, this should be looked at the same way as sex tourism (if an American tourist does something in Thailand that'd be illegal in the US, they will still be prosecuted for it upon return to the US, why shouldn't the same apply to a corporation which goes abroad to skirt labor laws?), but since they're currently not, it falls to -you- to hold that corporation accountable.

      Yes, it's a pain in the ass. Sorry. Most things worth doing are. If everyone would quit being too busy to give a shit, these types of things just might improve. Otherwise, they're going to continue. Anyone who is aware of an evil act and does not stand up against it is partially guilty in it.

      This is not the same as saying you should -personally- go check every factory you purchase clothing from. But when the labor record of any given multinational is easily available on the web, to consult before making a purchase, you're talking about 5 minutes worth of work. This is NOT too much to ask from even a busy person.

      --
      To fight the war on terror, stop being afraid.
    30. Re:Don't let your head explode by Digital+Pizza · · Score: 0, Offtopic

      You mis-spelled "asplode".

      --
      We apologize for the inconvenience.
    31. Re:Don't let your head explode by Anonymous Coward · · Score: 0

      It is interesting that they would do this after this and this.

      Yes, it is odd to question M$'s motives, but we have good reason to.

    32. Re:Don't let your head explode by Omestes · · Score: 1

      While I do recognize the blindness of your average /.er as a problem (I even wanted to defend Bliz and the Warden because I like them!), this isn't the case, so much, here.

      Sure there is gonna be the MS (pardon me M$! *hic*) = evil sentiment here, but on some level we have the right to look at MS as being evil, they have reaffirmed evil as their buisness strategy several times over. Whereas Google has pretty much lived up to their "do good" model. So when Google does something good it is characteristic. "Oh look, Google is doing something good again!" But when MS does it, we must too evaluate that within the context of their history.

      Perhaps this IS good! That would be wonderful, and I would be the happiest geek here. BUT looking at past judgements of theirs, I wouldn't bet on it.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    33. Re:Don't let your head explode by eric76 · · Score: 1

      It is very possible that Microsoft wants to require Google to jump through hoops before serving up information on their web pages.

      Not only the obvious cases such as when you type in someone's name and address to get their telephone number, but every web page that might contain information that might be deemed to be private (like a name and e-mail address).

    34. Re:Don't let your head explode by canuck57 · · Score: 1

      OF course, you have to assume that they'll do good here.

      For companies, M$ included it does not have squat to do with what is good. Microsoft is just realizing it has an impending image problem so it want to be perceived as the "good ole boy" in the block.

      After all, Microsoft did rename Personal Computer (PC) to Public Computer. Do remember Windows media player does go out on the internet when you drop a CD-ROM in.

      MS doesn't really want a law to protect people- they want a law that allows them to do basicly anything

      But that is most accurate.

    35. Re:Don't let your head explode by ottffssent · · Score: 1

      IANAL, so I don't know if that's really the case, but such promises (contracts with the world, as it were) were brought up in the discussions of Jack Thompson being a petulant asshole. Since there's no law against asshattery (asshaberdashery?), I suspect it relies more on truth in advertising laws (advertise one policy, implement another), but the effect is the same. A law saying you have to actually abide by your privacy policy ought to be redundant, and I'll be more disappointed than usual if that's what the feds come up with. If all they're going to do is reiterate existing law, they'd better at least attach a hefty fine to encourage compliance.

    36. Re:Don't let your head explode by Omestes · · Score: 1

      I wish I hadn't already posted and still had mod points.

      To often both proponents and opponents of corporate actions will use the pure greed rule, the pro for how corporations and the profit motive is amoral (just process), while the opponents will say it is immoral.

      Greed is not moral or not, but how one fulfills this greed is where ethics come to play. just like, to steal someone elses examples, neither Hitler or Mother Theresa were in themselves good or evil, but their decisions dictated their ethical weights.

      Running with this thread, even if MS is out for genuine good right now, it in itself is a good choice, but does not change the history of MS being nongood. They have a lot of ground to cover if they ever want to be on the same ethical ground as... almost anyone.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    37. Re:Don't let your head explode by killjoe · · Score: 1

      "Funny how when Slashdot talks about Google and the Summer of Code, everyone's jumping up in joy praising Google for their work while when Microsoft does something beneficial to consumers, someone HAS to nitpick about the motives."

      How do you know this will be beneficial to the consumer? Given the unethical corporate culture at MS the chances of it being good for the consumer is near zero.

      --
      evil is as evil does
    38. Re:Don't let your head explode by Jah-Wren+Ryel · · Score: 1

      Unlike with tax laws (where overcharging is a no-no),

      I am pretty sure you are wrong about that. I looked into this a few years ago when a local B&M was charging tax on the full price of purchases made with coupons. It turned out that they were "wrong" to do that, they only needed to charge tax on the actual dollar amount that changed hands. But, it was still legal for them to over charge on sales tax as long as they gave it all to the state.

      So, if they charge you a gynormous fee and they call it sales tax, they are legal if they pay the entire amount collected as tax to the state.

      --
      When information is power, privacy is freedom.
    39. Re:Don't let your head explode by QuantumG · · Score: 3, Insightful

      Sex tourism laws are fucking insane. The only reason they are tolerated is because they're for a specific heinous act that no-one wants to defend (sex with children). Suppose the exact same laws were applied to drug tourism. Go to Amsterdam, visit a hash cafe, return to the US and get arrested at the airport. Or decompilation tourism. Go to Australia, decompile software to check its security, return to the US and get arrested at the airport. If you're not in the US, you can't commit a crime in the US. That's the way it should be. Otherwise the US is nothing but an imperialist who thinks they can police the world.

      --
      How we know is more important than what we know.
    40. Re:Don't let your head explode by happymedium · · Score: 1

      Google stands to profit from SoC as well since they use so much FOSS

      Um, why is this a bad reason for them to have done SoC? Open source has an altruistic element, but users (individual and corporate) also have a definite self-interested motive to contribute both code and cash. It's not a contradiction; IMHO, it seems like self-interest will help open source succeed in the long term.

    41. Re:Don't let your head explode by FudRucker · · Score: 1

      RE:[when Microsoft does something beneficial to consumers, someone HAS to nitpick about the motives]

      considering Microsoft's track record i would be concerned about Microsoft's motives too...

      --
      Politics is Treachery, Religion is Brainwashing
    42. Re:Don't let your head explode by l3prador · · Score: 1

      I think you guys are both right. Being in charge of a corporation doesn't make you exempt from doing the right thing, and on the other side, consumers should be more proactive in supporting companies that try to do so. Consider the extra 5% it might cost as an expenditure on cleaner air, privacy rights, rights of workers in sweatshops or what have you, and encourage those who agree with you to do the same.

      What sort of internet sites are there for people who would like to learn more about the ethical practices of different companies? Knowledge of who is doing the right thing is essential to being able to support them.

    43. Re:Don't let your head explode by susano_otter · · Score: 1, Flamebait

      Have you ever noticed that the crappiest place of all--Africa--is surprisingly short on sweatshops and surprisingly long on ex-vassal states of failed Industrial Age European Empires? What's up with that?

      --

      Any sufficiently well-organized community is indistinguishable from Government.

    44. Re:Don't let your head explode by laughingcoyote · · Score: 1

      Sex tourism is a violation of an internationally-recognized human right. Decompiling software and using drugs is not. If you murdered someone in another country, your own country is -supposed- to prosecute you for that crime and/or extradite you to the country in which you committed it. These laws do, and should, apply to violent crime, and do not, and should not, apply to nonviolent victimless crime.

      Now, I don't even support drug prohibition within the US, so that's another discussion entirely. Still remains, though, that there should -always- be a distinction drawn between violent and nonviolent crime, especially when that crime is also a human rights abuse.

      Forcing people to work in subhuman, dangerous, unhealthy conditions is a violation of human rights, and should be covered by these laws. Aiding and abetting (and sometimes requesting!) violent repression on the part of any government should likewise be a crime punishable by any civilized nation you step foot in.

      --
      To fight the war on terror, stop being afraid.
    45. Re:Don't let your head explode by yesteraeon · · Score: 1

      They do if they're a software company! Or did I miss the slashdot story: RedHat now available in Arkansas!

    46. Re:Don't let your head explode by bhiestand · · Score: 2, Insightful
      Sex tourism laws are fucking insane

      I agree with the rest of your post, but I have to correct you. Sex tourism laws are fucking bullshit.

      And you forgot my FAVORITE subject: sodomy. If you live in a state where sodomy is still on the books as illegal, travel to a country where sodomy is legal, get funky with someone and do a little sodomy dance with another consenting adult, can you be prosecuted upon your return to the US?

      What if you live in a state where the age of consent is 18, but a neighboring state has an age of consent of 16, then you travel to, say, Thailand, and end up banging a 17 year old girl. Fuck, what if you MARRY her. Are you going to be prosecuted upon your return to the states? Can you live with your wife and legally sleep with her in your home state?

      Sex tourism laws are just another attempt at legislating morality. And bullshit.
      --
      SWM seeks new sig for a brief fling
    47. Re:Don't let your head explode by finkployd · · Score: 1

      Uhh, the whole freakin' point of a small business is that they don't do business in multiple states.

      Possibly one of the dumbest things I have seen on slashdot in a while.

      (and no I am not new here)

      But more importantly, you're taking away the ability of individual states to customize the law to the needs of their citizens.

      However, that was insightful enough to redeem yourself.

      Finkployd

    48. Re:Don't let your head explode by QuantumG · · Score: 1

      So if I kill someone in a country that refuses to prosecute me for that crime then I should be lynched the minute I step foot in another country that would? Great! Please send all your hangmen, lethal injecting doctors, electric chair operators and other murderers you refuse to prosecute over to one of the majority of civilized western countries who have outlawed capital punishment.

      --
      How we know is more important than what we know.
    49. Re:Don't let your head explode by penix1 · · Score: 1

      "It doesn't matter that you dislike microsoft, the idea is a good one and microsoft is a powerful company that has the finicial resources to promote political change."

      Riddled with loopholes a Mac truch can drive 4 abreast though. Microsoft is a company that depends on user specific and identifying data (activation anyone). They are simply trying to head off the more restrictive ones the states are coming up with.

      B.

      --
      This is a sig. This is only a sig. Had this been an actual sig you would have been informed where to tune for more sigs.
    50. Re:Don't let your head explode by the_bard17 · · Score: 1

      I don't know where you're located, so it's hard to see where you're basing your reasoning off from. I'm located in the northeast, in Upstate NY. About an hour's drive away from Massachusetts. Within a few hours drive, I can reach Vermont, Connecticut, New Hampshire, etc. That's well within the reasonable reaches of a small business... I've known quite a few people (myself included) who will drive a few hours to get something that they desire enough (in my case, it was a '96 or '97 Outback Impreza Sport with less than a 100,000 miles on the odometer). Most small businesses I know actually manufacture product... at which point they have several states within a couple days shipment.

      By nationalizing the law you're making it cost the same to do business in multiple states as it costs to do business in one state.

      I agree with that statement. I don't believe that making it "cost the same to do business in multiple states" will hurt small businesses. Say each corporation requires the equivalent one lawyer, full-time, to take care of the intricacies involved in doing business in multiple states (yeah, I'm simplifying it quite a bit, but it's for the sake of an example). Seems to me that a big business would be able to absorb the cost of retaining that lawyer more easily than a small business.

      ...you're taking away the ability of individual states to customize the law to the needs of their citizens.
      No. I'd be taking away the ability of individual states to customize this particular facet of the law. I realize fully that there are situations where a state's law should be paramount. There are others where a national law should preside. I believe that this is one of those examples of where a national law would benefit small businesses more than large.

      The closest personal example I can give concerns that used Subaru I was looking for. I traveled as far as New Hampshire, three and a half hours away, looking for this particular (and rather stringent) model and year. I could not find one for sale, at a reasonable price with reasonable mileage, within my home state of NY. I found several out of state, but had the purchase of each complicated by problems arising from dealing with multiple states. Each state (with the exception of NH), wanted to charge a sales tax, which amounted to several hundered dollars. Some states would allow a refund, but only after wading through a mass of paperwork (which, from the description given, sounds like it would have taken months). I'm only one man, with limited resources, and I would not have been able to tie up several hundred dollars for several months. Someone more wealthier than I may have been able to.

      These problems continued, from obtaining an interstate transit permit (which some states would recognize, some won't), to the various warranties provided by each state (some had 30 day, some had none at all). I finally ended up settling for an Legacy Outback that was less than a mile away. All these rules and regulations prevented me from finding the car that I wanted, and supporting a dealer or garage that had the car that I wanted.

    51. Re:Don't let your head explode by Huh? · · Score: 1

      There is this new fangled intraweb thing, which not only lets small companies do business in other states, but all over the world. You should check it out sometime, I think it's gonna be big.

    52. Re:Don't let your head explode by penix1 · · Score: 1

      "So, if they charge you a gynormous fee and they call it sales tax, they are legal if they pay the entire amount collected as tax to the state."

      The reason for this is simple, if they overcharge it can be recouped with a tax return. That is the whole reason you file a return in the first place.

      B.

      --
      This is a sig. This is only a sig. Had this been an actual sig you would have been informed where to tune for more sigs.
    53. Re:Don't let your head explode by bhiestand · · Score: 1

      Please don't equate Mother Theresa to Google. Google deserves much, much better. The old Mother wasn't all that great of a person when you really get down to it. I understand she just enjoyed watching others suffer, and felt that was necessary to go to heaven. She didn't do much for the people in her care.

      --
      SWM seeks new sig for a brief fling
    54. Re:Don't let your head explode by ozmanjusri · · Score: 4, Funny

      I'm a nudist you insensitive clod!

      I just had lunch, you insensitive clod!

      --
      "I've got more toys than Teruhisa Kitahara."
    55. Re:Don't let your head explode by laughingcoyote · · Score: 1

      Be glad to, myself. Unfortunately, it would not be possible for me to do that. And I'm certainly not advocating lynching-due process of law and a fair trial are every bit part of those same human rights. But so is the right to basic safety, to knowing that those who do commit a crime will be held accountable for their actions when they are discovered. The two are not incompatible.

      --
      To fight the war on terror, stop being afraid.
    56. Re:Don't let your head explode by Anonymous Coward · · Score: 0
      Companies job is to make money, not to do good or evil.

      What total bullshit. Companies are organizations of PEOPLE. I as an individual have a job to make money. In the quest to make that money I can then do what evil is necessary? No difference between one person and an organization of multiple persons.

    57. Re:Don't let your head explode by Derling+Whirvish · · Score: 1
      All these rules and regulations prevented me from finding the car that I wanted, and supporting a dealer or garage that had the car that I wanted.

      Actually I think it was simply your greed in not wanting to pay the sales tax that prevented you from finding the car you wanted not any rules and regulations. You said you found several but didn't want to pay the extra money.

      As far as the various warranties, that is just up to the preferences of the individuals living in the various states. For instance, Tennessee doesn't require liability insurance. Almost every other state does. Tennesseans would rather accept the potential loss of being in an accident with someone who doesn't have liability insurance and going ahead and insuring themselves against an uninsured motorist themselves rather than forcing the state government to interfere in a private business relationship. You may think differently. To each his own. That's why we have a federal system.

    58. Re:Don't let your head explode by QuantumG · · Score: 1

      Look, you don't even need to leave the USA to go on a "sex tour". If you live in California, North Dakota, Oregon, Tennessee, Virginia or Wisconsin the law says you can't have sex with someone under the age of 18 if you are over the age of 18. So if you live in one of these states and you travel to Ohio, or one of the other states where the age of consent is 16, should you be prohibited from having sex with a 16 year old? If not, then what happens when you return to your home state? Do you get arrested? Of course not, because in the state in which you performed the act you were not breaking the law. Your home state cannot enforce their laws in another state.

      If you're going to go to Italy, where the age of consent is 14, and pickup school girls why should you be arrested when you return to the US? As far as the Italian government is concerned you've broken no law, so why should the US government even be involved? They're just fuckin' imperialists.

      --
      How we know is more important than what we know.
    59. Re:Don't let your head explode by Anonymous Coward · · Score: 0

      I work there. Its actually because they plan to lobby federal for extremely lax privacy laws.

    60. Re:Don't let your head explode by zogger · · Score: 1

      tribalism mostly. They have a medieval level of social networking. And pretty much a universally corrupt set of governments. Not your garden variety corrupt, mega overwhelmingly obscenely corrupt. I mean, they give people like robert Mugabwe some sort of cred as a "leader". He's right up there in the kim il jung level of competency. As such, the rest of the planet engages in a wink wink nod nod massive exploitation over there, because it's abpout all the effort it is worth, then turns around and returns one penny on the dollar in "humanitarian aid" for publicity purposes, and most of that winds up-after several steps-in offshore bank accounts of their corrupt leaders.

    61. Re:Don't let your head explode by cdrdude · · Score: 1, Funny

      Funny...you described exactly what happend the last time the Mother Teresa saw me... Nobody asked me if I deserved it...

      --
      This sig is neither interesting, nor humorous. Including meta-humor.
    62. Re:Don't let your head explode by vanka · · Score: 3, Interesting
      Actually I think it was simply your greed in not wanting to pay the sales tax that prevented you from finding the car you wanted not any rules and regulations. You said you found several but didn't want to pay the extra money.

      I'm sorry but wanting to save a couple of hundred bucks is not greed, it is actually a wise thing to do. The whole basis of our economy is based on the fact that customers want the highest quality product possible at the lowest price possible. The point of the grandparent was that the various hoops that a person or company has to jump through in interstate commerce raises the cost of doing business to where smaller companies and poorer people are not able to participate. In our Internet Age, many small businesses are finding it easier and even necessary to do business in serveral states; why not make it easier for the small guys to join the party? If privacy regulations were nationally standardized, I believe it would benifit the comsumers as well, not just corporations. It would actually be easier for consumers to find out exactly how the law protects them and to get advice. Less legal confusion is generally a good thing. One last point, someone mentioned that privacy laws should be decided by each state as they are better aware of the needs of their population. While I generally agree with this theory I fail to see how the privacy needs can vary so significantly between a person living in the state of New York and someone living in Washington state./p?

    63. Re:Don't let your head explode by rtb61 · · Score: 1
      Small business is never in the interest of big business. Crushing competitive small businesses with convuluted legislation that they can never keep up with is one of the favoured tactics of big business. Big business's idea of big government is a government that a lot of people democratically control. Big business's idea of small government is a government that only a few select individuals and corporations control. Big business loves small government.

      Microsoft is trying to impliment privacy legislation that it likes and is in it's interest. Remember this is the same company that had it's office suite secretly embed within every document the suite produced personal/computer details, so that it could track all correspondence it received (which it supplied a patch to block only when it had been caught out).

      --
      Chaos - everything, everywhere, everywhen
    64. Re:Don't let your head explode by bersl2 · · Score: 1

      I never questioned the validity of Microsoft seeking change to privacy laws.

      It just seems that the headline and summary give too much extra credit to what amounts to not a call, but more of a "me-too" (if a substantial one). Why couldn't it have said "Microsoft Joins the Call for National Privacy Law"? It's arguably more descriptive, and certainly no less.

      This is a corporation seeking reform; a publicly-held, for-profit corporation cannot have genuinely strong passion for privacy, as at best, the drives come from the desire of the stockholders, which (and I of course cannot directly prove this, but I find it likely) is for financial gain---anything else comes as a secondary, indirect goal. Therefore, why ought the headline feature language with such bold connotations as "call"?

    65. Re:Don't let your head explode by AoT · · Score: 1

      "(and no I am not new here)"

      sure, a hundred and twenty-nine thousand and yo...

      Oh, sorry.

      um.

      I'm drunk?

    66. Re:Don't let your head explode by laughingcoyote · · Score: 1

      -IN THAILAND-, the legal age to work in the prostitution trade is 18. I don't care if someone wants to go to Holland, or Thailand, and sleep with every adult prostitute they can get their hands on. I wouldn't even care so much if the age of consent differed slightly. Nor should a man who goes to Italy (or Ohio) and sleeps with someone who is of the age of consent there be prosecuted upon his return home.

      There are, however, two fundamental problems here. One is the issue of irreducible human rights. Quite often, Thai girls are pressured by their parents to become prostitutes. In other cases, girls are kidnapped and drugged or coerced into cooperation. I don't have a single problem with legalizing prostitution, and I wish they would do so in the US as well. But it should be adults participating of their own free will, period. And sleeping with a prostitute under 18 or anyone under 15 in Thailand is a crime -there-. If I go to Canada and murder someone, the US will prosecute me for it, so why should I escape prosecution for breaking an existing (if poorly enforced) Thai law?

      And, similarly, still, I feel that corporations which operate in the US, and take advantage of its vast buying power, should be required to operate to US standards where they make the stuff they're selling. Same for Europe. They can still go overseas and get cheap labor if they feel the need-manufacturing workers don't generally work for minimum wage.

      --
      To fight the war on terror, stop being afraid.
    67. Re:Don't let your head explode by pbaer · · Score: 1
      "Therefore, why ought the headline feature language with such bold connotations as "call"?"



      Because it's the media. How often is it that you find an article about a significant topic that doesn't use hyperbole?

      --
      There are 11 types of people, those who know unary and those who don't.
    68. Re:Don't let your head explode by RobertLTux · · Score: 1

      Umm In the case of the field of "Capital Punishment Technitions" The State takes the responsibility for The Deed so half of your statement is a strawman that should be done away with (perhaps hung since the other options would be C&U). But anyway to respond to your question if you murdered someone in a CP country and later entered a country with CP (and the needed treaties) then mostly Yes (you would be tranposted to the correct country and then have YOUR DAY)

      --
      Any person using FTFY or editing my postings agrees to a US$50.00 charge
    69. Re:Don't let your head explode by Rogerborg · · Score: 1

      There should be one set of privacy laws and standards, particularly in regard to storage of information online. Now, who can we get to administrate that single standard? Hmmm.

      --
      If you were blocking sigs, you wouldn't have to read this.
    70. Re:Don't let your head explode by digThisXL · · Score: 1

      You must also say to yourself, Bill and Melinda Gates just donated $238 million to Malaria research. If making money is the only motivator, then how do you explain that move?

      My point is that maybe Microsoft's bid to enhance privacy laws is as simple as it sounds: a good thing w/o the greed.

    71. Re:Don't let your head explode by Don_dumb · · Score: 1

      If Microsoft really cared at all about the consumer on this one, they would deal with the state laws, choose the strictest of them

      That has the naive assumption that the strictest laws are best for the consumer. And that only the laws put forward in the USA are the best. Here in Britain, BT had a service for people registering an interest in ADSL, unfortunately, due to an albeit good privacy law, they couldn't provide this information to the other part of the business that could actually decide whether to install the service in the exchanges. A good privacy law that wasn't necessarily good for the consumer in this case.

      --
      If this were really happening, what would you think?
    72. Re:Don't let your head explode by yincrash · · Score: 1

      I know that in Georgia, there is a privacy clause in it's constitution. Can a federal law void that?

    73. Re:Don't let your head explode by indifferent+children · · Score: 1
      Being in charge of a corporation doesn't make you exempt from doing the right thing,

      Unfortunately, you are wrong. Being in charge of a corporation places a legal responsibility (USA-only?) on you to maximize shareholder value within the limits of the law. Note that this is not 'within the limits of your conscience'. The only way that a CEO is allowed to spend the extra 5% on 'cleaner air, privacy rights, rights of workers in sweatshops or what have you' is if he can say to the shareholders: 'Being seen to act in this manner will increase sales, reduce costs (incl. long-term costs), and/or give us free positive publicity.'

      Shareholders have sued company officers for not placing profits first.

      --
      Censorship is telling a man he can't have a steak just because a baby can't chew it. --Mark Twain
    74. Re:Don't let your head explode by Weh · · Score: 1

      Apart from China a lot of the clothing industry does its manufacturing in ex-colonies; Bangladesh, Sri Lanka (ex UK colonies) and Indonesia (ex Dutch colony) to name a few. In essence this shows that there is not necessarily a relationship between a colonial past and the number of sweatshops (yay).

      There are a number of differences between the colonization of Africa and Asia by the European powers.

      In Asia there usually already was some sort of government by local rulers (maharajas, sultans, petty kings etc.), usually the colonizers let them retain some of their power (if only symbolical). There are two significant things about that, firstly it means that the people already had a history of being governed and secondly it means that the borders were not carved up as randomly (but rather along the old ruler's sphere of influence). Off course the colonizers implemented their own governmental mechanisms but in a sense they just added another layer on top of the existing structures.

      I think that in Africa the degree of organization wasn't as large, there were tribal chiefs but not well established kingdoms (off course there are probably exceptions to this, I haven't researched it so much). Therefore the colonizers did not reckon with existing power structures and existing spheres of influence as much as in Asia.

      Because of the differences between the way they were colonized and the degree to which they were developed prior to colonization, colonization has had a much more devastating effect on Africa than on Asia.

    75. Re:Don't let your head explode by indifferent+children · · Score: 1
      If I go to Canada and murder someone, the US will prosecute me for it

      No, they won't. The US prosecutors will know that you were outside of their jurisdiction. What we will do is extradite you to Canada for prosecution. BTW, pertaining to jurisdiction: there is no US Federal Law against murder. Homicide is prosecuted by the states, under their own laws, and only within their jurisdictions.

      --
      Censorship is telling a man he can't have a steak just because a baby can't chew it. --Mark Twain
    76. Re:Don't let your head explode by Anonymous Coward · · Score: 0

      So we're supposed to feel sorry for you because you make shitty business decisions because..?

      The idea that big business is bad because you run a small business is fucked. You should have evaluated the market and found a niche that wasn't represented. But you didn't.

      Boo fucking hoo.

    77. Re:Don't let your head explode by EvilBudMan · · Score: 1

      --Uhh, the whole freakin' point of a small business is that they don't do business in multiple states.--

      The small business that I work for does most of it's business out of state. My brother sells software all over the world from a tiny little web site and that's just one man.

      I think the thing for a small business though would be to just comply with the strictest one. Then they would be in the clear elsewhere. I don't think small business are going to be the ones with large datbases on just about everyone. So this just seems to benefit Micrsoft at the momement.

    78. Re:Don't let your head explode by rbochan · · Score: 1

      Let's look at this cynically...

      Yes, and perhaps Microsoft can weasel a little last minute provision in there mandating Microsoft "Trusted Computing" be used on all govt machines...

      adjusts tinfoil hat

      --
      ...Rob
      The American Dream isn't an SUV and a house in the suburbs; it's Don't Tread On Me.
    79. Re:Don't let your head explode by hal9000(jr) · · Score: 1

      the whole freakin' point of a small business is that they don't do business in multiple states

      Hi, there is thing new thing called the I-n-t-e-r-n-e-t. Maybe you have seen it. It's quite cool. I think it is owned by Microsoft. Or at least they invented it because they have that Explorer thing.

      Anyway, you should check it out because, like, I can buy stuff across the world without even making a phone call!

      Really, go check it out. Everyone is doing it.

    80. Re:Don't let your head explode by the_xaqster · · Score: 1

      Sorry, gonna bite...

      Not releasing your software on Linux under a closed source licence will not protect it from clones. Cloning software is reproducing the look-n-feel and functionality of the software, without seeing the source code. This does not need to be by reverse-engineering the software, or even need the software to run on that platform.

      Not releasing your software on Linux with a closed source licence _will_ protect it from reverse-engineering however.

      Hello Mr. Karma, going down?

      --
      I'm just here to regulate Funkyness
    81. Re:Don't let your head explode by B'Trey · · Score: 1

      Uhh, the whole freakin' point of a small business is that they don't do business in multiple states.

      Uhh, welcome to the 20th century, dude. There's this thing called "the Internet." It has lots of neat places called "sites" on it. One example of such "sites" is a place called Ebay. It lets small businesses, even little rinky dink ones that are run out of one person's basement, do business not only in multiple states but ANYWHERE IN THE WORLD, and they don't even have to have a web server to do it. Seriously. I wouldn't like to you, dude. Amazing, huh? Who'd have thunk it? And there's lots of other businesses, a little bit larger, maybe, but still well within the definition of "small business," that actually put up their own, private web sites that allow people to buy stuff from them from, like, anywhere in the whole world too. It's just mind blowing, man, to think that grandma's sittin on the back porch knitting a sweater that she might sell to somebody in California or Maine or Alaska or even, like, Spain or some shit. It just rocks, you know? The Internet rules. You should check it out sometime.

      --

      "The legitimate powers of government extend only to such acts as are injurious to others." Thomas Jefferson.

    82. Re:Don't let your head explode by Anonymous Coward · · Score: 0
      Certainly I'm not expert, but I thought if you were married age of consent laws don't apply. There are still some parts of the country where its not unusual to get married at 15 or 16.

      I do know that if you live in a state where AoC is 18, you can be prosecuted for "banging a 17 year old girl" even if you did so in a state where the AoC is 16, if that was your reason for making the trip.

      All in all, I'd recommend avoiding women under 18 unless they within 2 years of your own age.

    83. Re:Don't let your head explode by adavies42 · · Score: 1

      Sodomy laws are now unenforcable, thanks to the Supreme Court, so that's not a worry anymore, and statutory rape laws always include a marriage exception. Other things often do not--it's still child pornography if you videotape you and your 17-year-old wife having sex--but the sex itself is legal.

      --
      Media that can be recorded and distributed can be recorded and distributed.
      -kfg
    84. Re:Don't let your head explode by dgatwood · · Score: 1
      Wait a second. How is it naive to only consider U.S. laws? We're only talking about MS wanting to change laws in the U.S., so I see no reason to take other countries' laws into account for the purposes of this discussion.

      At least in the U.S., AFAIK, companies implicitly reserve the right to use a customer's personal information to the minimum extent needed to service a verified request from that customer. You agree to that when you sign the form that says "Give me DSL."

      Even if that were not the case, any personal info about your worthiness that they can get internally can also be gotten from a credit bureau, as the other part of the company would report any bad behavior on your part. Any other internal info that they might need to do such a transaction (e.g. info about your line) should be easy to obtain without disclosure of any personal information, through the use of some shared identifier (e.g. a customer number).

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    85. Re:Don't let your head explode by Anonymous Coward · · Score: 0

      " Uhh, the whole freakin' point of a small business is that they don't do business in multiple states."

      Not only is your statement flawed, the entire premise of your argument is flawed. (Your argument appears to be that by leveling the playing field across states/countries/whatever, you're making it more difficult for small business to compete.)

      The whole point of a small business is not that they only do business in one state. It's that they're not "big" (yet), whatever your definition of that is. Lots of small businesses do business in many states and globally. Check out all the small businesses on eBay/Yahoo Stores/Amazon zStores, for instance.

      -Someone who thinks before they speak ;-)

    86. Re:Don't let your head explode by Anonymous Coward · · Score: 0

      Constitutionally, no. However, if nothing else they'll withhold federal highway funds until they've bludgeoned Georgia into submission.

    87. Re:Don't let your head explode by bhiestand · · Score: 1

      I tip my hat to you, your post was very informative. I know you're right about the laws being unenforcable, but the fact that they're still on the books scares me.

      I completely forget about the child pornography laws! Thanks for pointing that out. I'll make sure to keep that in mind in the future.

      --
      SWM seeks new sig for a brief fling
    88. Re:Don't let your head explode by l3prador · · Score: 1

      I guess I would see value as a somewhat subjective term. I meant the Consider the extra 5% it might cost as an expenditure on cleaner air, privacy rights, rights of workers in sweatshops or what have you, and encourage those who agree with you to do the same. to be directed at the consumer, not the corporation. I would consider cleaner air and etc. part of the product that the corporation is selling.

    89. Re:Don't let your head explode by QuantumG · · Score: 1

      Thing is, no-one bothers to clone software on Win32 as it is just as easy to write something new as it is to write a clone. The reason people clone software on the Linux platform is because they don't like the license. Don't get me wrong, I write open source software, and I've even been known to clone software, but when you're talking about why small business can't make software for Linux, there's your reason. Oh the other hand, having an individual person/business contract you to make modifications to open source software is something is possible, but it is difficult to find anyone willing to pay a reasonable amount for open source customization.

      --
      How we know is more important than what we know.
    90. Re:Don't let your head explode by the_xaqster · · Score: 1

      Thing is you see, I was just regulating funkyness. I have no experience running a small business making software (That's a rare thing to see on /., an admission of knowing nothing about the subject!) so I will take you at your word on the problems faced. I was just being a pedant about the difference between cloneing and reverse-engineering software.

      Sorry, I'll go crawl back under my rock now.

      --
      I'm just here to regulate Funkyness
    91. Re:Don't let your head explode by adavies42 · · Score: 1

      "On the books" is IMHO somewhat debatable when SCOTUS has struck down a law. I'm not sure what the actual technical process is, if a law that's been struck down is actually removed from the legal code or what, but I'd say that it's no longer a law. "Still on the books" tends to refer to (theoretically) constitutional stuff that is not actually enforced, like marijuana laws in NYC, or adultery laws or something.

      --
      Media that can be recorded and distributed can be recorded and distributed.
      -kfg
    92. Re:Don't let your head explode by Peeteriz · · Score: 1

      Well, that's the point!

      If you murder someone in another country, your country should NOT, and DOES NOT prosecute you for this. First, the other country must accuse you, and request extradition. And even then your country will not prosecture you, judge you or punish you - they may detain you and send you to that other country, but nothing else - since that crime didn't happen here, and they have absolutely no jurisdiction, no power over it.

  2. Woah by pHatidic · · Score: 2, Funny

    Does that mean I have to commit ritual suicide now?

    1. Re:Woah by Osty · · Score: 1, Offtopic

      Does that mean I have to commit ritual suicide now?

      Please?

  3. Hmmmm.... by Conspiracy_Of_Doves · · Score: 3, Funny

    Anyone else think that Microsoft is trying to buy our love?

    1. Re:Hmmmm.... by Anonymous Coward · · Score: 0

      No. Microsoft is trying to sell you theirs.

    2. Re:Hmmmm.... by Donniedarkness · · Score: 1

      So what if they are? Good=Good, Bad=Bad.

      --
      Earn a % of cash back from Newegg, Tiger Direct, Walmart.com, and more: http://www.mrrebates.com?refid=458505
    3. Re:Hmmmm.... by Yehooti · · Score: 1

      Naw, but they can earn more respect from some of their actions. Their setting up a honey-pot type of network where bushels of spammers were snared made me smile and nod approval. Doing things like this has to be good for business.

    4. Re:Hmmmm.... by level_headed_midwest · · Score: 1

      I have a hunch as to why they are doing this: it will help them sell "secure" TPM/TCPA platforms that require Windows Vista to run.

      --
      Just "gittin-r-done," day after day.
    5. Re:Hmmmm.... by ToasterofDOOM · · Score: 1

      Well, if that is the case, I've become something of a sell out I guess, and they have secured my Windows partition on my hard drive. You have to admit, if they are trying to buy it, it'sone hell of an offer. I'd like to look on it as earning our respect though.

      --
      I am Spartacus
    6. Re:Hmmmm.... by Antique+Geekmeister · · Score: 1

      No, they're lobbying to save themselves money and to get a uniform standard of privacy laws that will somehow, magically be consistent with the default options of their customer database services, and will be far more generous than many state policies.

      As has been pointed out, look at the CAN-SPAM law and how it has actually shielded spam from state law and blocked no spam whatsoever. Then look at Microsoft's history of the "Sender-ID" email signature system, where all you have to do to spam past Microsoft's filters is buy a Sender-ID key from them. They will try to sell permission and tools to share the private data in exactly the way the states are trying to block right now. You can bet good money on it.

    7. Re:Hmmmm.... by NewWorldDan · · Score: 0

      No, not me. A national privacy law would be so littered with excepitons and utterly lacking in teeth that it would be worthless with the added bonus of gutting state laws. There is no real need for privacy laws. In fact, the best thing the Feds could do to increase privacy is to stop using the SSN for everything. But it's so darn conveniant to have a universal id for everyone that this isn't going to happen. And that's the achilles' heel of privacy.

  4. I, for one... by Nolkyan · · Score: 0, Redundant

    ...welcome our new alien-abducted, mind-controlled Microsoft overlords!

  5. Hmmm by Anonymous+Crowhead · · Score: 1

    I'm sure by "comapanies" they mean Google.

    1. Re:Hmmm by smkndrkn · · Score: 1

      I don't care who they mean if they can get legislation through that actually protects my privacy...I'm with them 100%

      --
      ======== In the future, everything will be artificial. ========
  6. Not necessarily good by tuxlove · · Score: 5, Interesting

    Don't assume Microsoft is trying to enact a law that *protects* your privacy. Perhaps they just want privacy laws to be predictable w/o too much concern for whether they actually protect or not.

    1. Re:Not necessarily good by thparker · · Score: 3, Insightful
      Don't assume Microsoft is trying to enact a law that *protects* your privacy.

      Exactly. Right now, I think privacy laws are pretty weak. But this isn't necessarily a good change -- remember that CAN-SPAM eliminated a bunch of far stronger state laws and left the end user with far less recourse in many cases.

      To take this a step further, Microsoft's next logical step would be to gear up their lobbying machine to make certain the federal privacy law would supercede all state laws, limit corporate liability for violations, and leave as much latitude as possible on what they can do with the information.

      I hope everyone is compiling their list of items that should be included in a consumer-focused privacy law and is ready to contact their representatives. If this goes forward, I can guarantee you that corporate America has their checkbooks ready to support their idea of how your personal information can be gathered, held, used and sold.

    2. Re:Not necessarily good by InvalidError · · Score: 5, Interesting

      I'm fine with companies tracking my personal info if UK-style laws are adopted. IIRC, some of the more interesting clauses went something like this:
      1) companies shall not use nor retain information whose origins is not documented
      2) companies must make all the info they have on an individual including sources at the individual's request
      3) individuals may have companies delete records unless the company can justify keeping the records of terminated accounts

      This way, companies would at least have to think at least twice before collecting, using and distributing data.

    3. Re:Not necessarily good by schwaang · · Score: 1

      Yep, and I'm sure they understand that any proposed privacy law would get turned into an industry-friendly facsimile before it passed, thus protecting them from any harsher state laws in perpetuity.

      Microsoft has shown itself to be US-gov't savvy ever since the antitrust case, where Judge Jackson's ruling was pushed aside after they spent lots of bucks in Washington.

    4. Re:Not necessarily good by Anonymous Coward · · Score: 0

      Let the states go their different ways, until only companies that shun evil stand a chance of meeting all state laws. Then we can rationalize them. Oops I gotta run and answer the phone, another telemarketer.

    5. Re:Not necessarily good by Frodo+Crockett · · Score: 1

      Exactly. Complying with a national privacy law costs a lot less than complying with 50 different privacy laws.

      --
      "The newly born animals are then whisked off for a quick run through a giant baking oven." --heard on Food Network
    6. Re:Not necessarily good by Anonymous Coward · · Score: 0

      M$ wants privacy laws so that they can refuse to tell anything anybody about what they are doing with YOUR information. It's that simple.

      Want to know if M$ has given your info to some other megacorp, government, etc.? Too bad, can't tell you. Privacy laws, you know.

  7. All we need, MS designing privacy law by KD7JZ · · Score: 3, Funny

    It will end up requiring MS-Privacy v1.0 for all taxpayers. No linux version available.

    1. Re:All we need, MS designing privacy law by canuck57 · · Score: 1

      It will end up requiring MS-Privacy v1.0 for all taxpayers. No linux version available.

      True enough, when you fire up a Linux media player, unlike M$ Windows Media player; you don't have to worry about it sending info out that you played it. (Ya, I know you can turn it off but it is on be default).

      That is also why my Windows PC sits behind a firewall that is as paranoid about what gets out as in.

    2. Re:All we need, MS designing privacy law by SydShamino · · Score: 1

      And in MS Privacy.net 1.0, an intentionally malformed http request will let you retrieve the personal information of everyone in the country.

      --
      It doesn't hurt to be nice.
  8. Well.. by TrappedByMyself · · Score: 3, Interesting

    If Microsoft has the ear of the lawmakers, then they'll be in the best position to exploit the law.



    Hey, this paranoia stuff is kinda fun!!

    --

    Help me take back Slashdot. When did 'News for Nerds' become 'FUD and Conspiracy Theories for Extremist Nutjobs'?
    1. Re:Well.. by Fengpost · · Score: 1

      Agreed.

      Another shining example of corporation dictate the law thru lobbying to creat another captive market to make money.

      They even list out the steps to enact such standard and procedure!

      I am sure MS has some codes ready to sell when their suggestion becomes law.

      However, a national standard does deserve a consideration, just not on MS' term.

      --
      The purpose of writing is to inflate weak ideas, obscure poor reasoning, and inhibit clarity....Calvin
  9. technical problem by Anonymous Coward · · Score: 0

    My browser crashed when I tried to follow the link. Should I answer yes to the dialog prompt to "Tell Microsoft about the problem"?

  10. Now that you mention it... by Guppy06 · · Score: 1

    Wasn't Microsoft behind the "U-CAN-SPAM" Act?

    Seriously, if that's what Congress does to protect our inboxes, I'd hate to see what a federal privacy statute would do the Fourth and Fifth Amendments.

  11. Of course they want a national privacy law by Scareduck · · Score: 4, Interesting
    That law will read something as follows:
    1. Individuals have no rights to privacy.
    2. Corporations can do what they want with any data.
    That is, they want enshrined in national law the most pernicious possible data standards. The fact that this is going down during the Bush administration may or may not play a part, but certainly, the idea that bad laws can be purchased isn't helping assuage any fears I have that such legislation is hopelessly one-sided.
    --

    Dog is my co-pilot.

  12. Of course they do. by BCW2 · · Score: 3, Insightful

    It's much cheaper to bribe your way around one law than it is fifty.

    --
    Professional Politicians are not the solution, they ARE the problem.
    1. Re:Of course they do. by know1 · · Score: 0

      ignore the rating if i had mod opints i'd make you insightfull

    2. Re:Of course they do. by BCW2 · · Score: 1

      Who cares about the rating? It's the truth. They bought their way out of the anti-trust suit, they are trying to buy their way out of the one in Europe. And in the end they get away with doing anything they want, whether it's business practices or with "your" information. Nothing has changed with them. Of course I'm starting to sell Linux boxes at the white box store I work in, so some people are getting smart.

      --
      Professional Politicians are not the solution, they ARE the problem.
    3. Re:Of course they do. by know1 · · Score: 0

      heh, at least they realise now. i'm surprised. i thought they should have modded it that way in the first place. guess sometimes slashdot is a similar to the playground where people wait for justification before they stick their neck out.
      sweet site though, gotta love it

  13. Cuz it's too hard to lobby all 50 states by DanMc · · Score: 1

    I'm sure MS would rather use the palms they've already greased in Washington than try to steer state level politicians who might have preconceived "common sense barriers" that need to be broken down.

    1. Re:Cuz it's too hard to lobby all 50 states by Lehk228 · · Score: 1

      the only common sense barrier local and state politicians have around here goes along the lines of "is this bribe large enough to cover what is being asked for" and "how can i pork this up"

      --
      Snowden and Manning are heroes.
  14. I wonder what caused this... by jevvim · · Score: 2, Interesting
    Did Microsoft finally encounter a state that enacted privacy laws that they find cumbersome, and therefore hope that new Federal laws would be enacted without those same cumbersome issues? Or maybe someone at Microsoft thinks that Federal regulation, through a new set of privacy rules, would serve as an effective barrier against competitors in some of their markets?

    Heck, even better - maybe it's both!

  15. Too late by Frodo+Crockett · · Score: 0, Offtopic

    My head a splode.

    --
    "The newly born animals are then whisked off for a quick run through a giant baking oven." --heard on Food Network
  16. also known as market penetration day by Anonymous Coward · · Score: 0

    I'm sure many slashdot readers run MS software because they got it free, by borrowing CDs from work and running them at home. Still, it seems odd that MS would declare a day to celebrate Piracy.

    What? It's not National Piracy Day. I must have had too much coffee-beer. I'll go get my goggles.

  17. the first step by BushCheney08 · · Score: 3, Funny

    The first step to ensuring that our privacy is protected is to make it federal law that all citizens have a Passport account...

    --
    Be a real patriot: Question authority. Think for yourself. Formulate your own conclusions.
  18. don't get your hopes up by v1 · · Score: 1

    This is not MicroSoft fighting for your rights. This is MicroSoft working to get legislation passed that clearly establishes the rules and defines the loopholes through which they will legally violate your privacy. That's how it always works. Sort of like how the Do Not Call list made certain calls illegal, and at the same time made it legal for politicians to campaign you over the phone all day long. Sort of a variant on "bait and switch".

    --
    I work for the Department of Redundancy Department.
    1. Re:don't get your hopes up by Anita+Coney · · Score: 1

      I agree with the parent. The key phrase is "growing hodge-podge of state laws." It's much easier for Microsoft and its lobbyist to get what it wants out of the federal government versus the fifty various states. Essentially, Microsoft wants one stop shopping to make it easier for them to screw us over.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
  19. Irony by divisivemind · · Score: 3, Funny
    "Microsoft said organizations that maintain private consumer information should have to meet some kind of national standard to prove they have at least taken reasonable steps to protect that data from hackers, viruses, or other kind of loss, theft or disclosure."

    I would assume this means said organizations would not be running Microsoft products...

    --
    Blog: http://richardrandomrants.blogspot.com/
    1. Re:Irony by BushCheney08 · · Score: 1

      They're just getting the politicians and CEOs ready for the rollout of their "Secure For Sure" campaign...

      --
      Be a real patriot: Question authority. Think for yourself. Formulate your own conclusions.
    2. Re:Irony by Harmonious+Botch · · Score: 0

      Actually, MS hopes that it means organizations will be running MS products. When there is a national standard, to be implemented by some govt agency, money is worth more than truth. Look at the way drugs are approved by the FDA. It costs a whole lot of money to get a drug approved. Small manufacturers can't comptete. If a similar system were in place to approve software, MS could get Windows approved, but most Linux distro companies couldn't, even though their products are probably better.

    3. Re:Irony by divisivemind · · Score: 1

      I'm not sure the cost of certifying a drug through double-blind, multiphase trials on real humans should be compared to that of a hypothetical 'secure' piece of software.

      --
      Blog: http://richardrandomrants.blogspot.com/
  20. Beware by linuxwrangler · · Score: 4, Insightful

    One need only look at how the federal banking regulations are repeatedly used to crush California's much more stringent privacy requirements to see the real reason behind federalized "privacy" laws.

    --

    ~~~~~~~
    "You are not remembered for doing what is expected of you." - Atul Chitnis
  21. Is it just me... by pmike_bauer · · Score: 1

    ...or is the Billy Borg looking more and more benign of late. Almost sedated even.

    --
    I read /. for the (Score:-1, Conservative) comments.
  22. Protecting the Bottom Line, Not Privacy by Dotnaught · · Score: 5, Insightful

    The purpose of calling for federal regulation is to keep costs down, not to protect privacy. Some companies are actually interested in protecting privacy because failure to do imposes costs. HP is particularly good in this regard in that it lets customers access their data. The companies you have to watch out for are the ones with business models that depend on selling personal information.

    1. Re:Protecting the Bottom Line, Not Privacy by Doom+bucket · · Score: 1

      The bottom line huh?

      Google's entire business model is based on information. Searches, ads, maps... What happens if the new privacy law says that all this is now illegal? I'm sure microsoft would LOVE that...

      *takes off tinfoil hat*

    2. Re:Protecting the Bottom Line, Not Privacy by Anonymous Coward · · Score: 0

      Hmmm, sounds almost like you're suggesting a free market oriented solution might work. We on /. don't stand for that sort of thing, buddy! If massive, over-reaching government intervention is wrong, I don't wanna be right.

    3. Re:Protecting the Bottom Line, Not Privacy by PMuse · · Score: 1

      The purpose of calling for federal regulation is to keep costs down, not to protect privacy.

      In more ways than one! Note that a Federal law would preempt all state laws, reducing the number of bribes needed to 51% * (435 + 100 + 1) = ~274 people. That's much cheaper than controlling the legislatures of 50 states.

      --
      "We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
  23. Organic Food by daigu · · Score: 2, Interesting

    It is basically the same issue as with organic food. National standards mean that companies can lobby Congress to get the concessions they want. For organic foods, it can mean anything from allowing synthetics, factory dairy farms for "organic" milk or worse.

    I think this quote captures the issue well:

    "Welcome to the wonderful world of government regulations, where good ideas and market forces wage war on the battleground of bureaucracy."

    If you think this is going to help people like you and I very much, you would be very optimistic.

  24. Likely Bad, Maybe Good by mpapet · · Score: 3, Interesting

    I used to work in the wine/spirits business years ago and I can tell you from experience it is very difficult to build business outside your local regulatory agent. Now that was the intention all along. (Prohibition and all)

    The Good: A Single set of rules makes it easier to sell to a bigger market.

    Now, on the other hand, I have some experience in gov't sales and can tell you once the gov't adopts a some conventions, well, then the big players who were there all along defining the conventions pretty much soak up all of the business. They mostly own the business already, the new rules make it a sure thing.

    The Bad: Generally eliminates variety and discourages innovation.

    If MS is smart, they help write the laws and develop compliant code simultaneously. So MS gets a 6-12 month jump on the competition when there's little innovation left. Win-Win for MS.

    --
    http://www.maxineudall.com/2010/02/should-economists-be-sued-for-malpractice.html
    1. Re:Likely Bad, Maybe Good by Anonymous Coward · · Score: 0

      If MS is smart, they help write the laws and develop compliant code simultaneously.

      And if MS is really smart, they'll own patents on it, too.

  25. Privacy is M$ top concern.... by vexx0 · · Score: 1

    In fact to protect your privacy everyone needs Trusted Computing on their PCs with only "offically" licenced OSs such as Windows Vista.

  26. Or more likely.... by HotNeedleOfInquiry · · Score: 1

    The maker of any closed-source operating system or application shall not be held liable for any unauthorized disclosure of private information caused by defect of said operating system or application.

    --
    "Eve of Destruction", it's not just for old hippies anymore...
  27. Anti open-source agenda by Jumbo+Jimbo · · Score: 2, Insightful
    The article stated 'Microsoft said organizations that maintain private consumer information should have to meet some kind of national standard to prove they have at least taken reasonable steps to protect that data from hackers, viruses, or other kind of loss, theft or disclosure'.

    Could this be Microsoft's motivation for the bill? Big companies like Microsoft can pay to get their products through a certification process, and thus used by companies who must comply with this act, but lots of OS software (some Linux distros and many apps) will not have the necessary resources to go from 'Release' level to 'Government Certified Release' level - leaving no option but for companies in the future to use the certified Microsoft WonderServer2009 over open source alternatives.

  28. MS vs. Google by Zebra_X · · Score: 5, Interesting

    This is a preemptive strike against Google.

    MS isn't in the business of knowing who you are or what you do. They want you to buy their software, not collect your personal data. It shows in their software. Activation is completely anonymous as is error reporting and authenticity checks. This is not true however, for Google.

    They want to know who you are, what you do, what you click, buy, read and where you want to go. It's not going to stop there. Google wants information about every corner of the world. Thanks to a digital age, it is possible to gleen this information from our on-line habits.

    MS is making a strike at google's efforts by putting tighter restrictions on how they can use, and possibly distribute your information in the future.

    1. Re:MS vs. Google by Anonymous Coward · · Score: 0

      I guess they didn't like the fact that Google hired some programers to work on Openoffice.

    2. Re:MS vs. Google by Frenchy_2001 · · Score: 2, Insightful

      Privacy are 2 things: - how can one company collect and use your data - who can they share it/sell it to Google depends only on the 1st one. They just need to enter a contract with you (through eula/term of use of their service) for you to grant them some of this and then you can GIVE them your data. Most people wouldn't mind a restriction on the usage of those data to what was agree upon. I personnaly would like stronger laws on the sharing. In the US, any company owns YOUR data and can do as it pleases them. Europe already has such law, where you have a right to know what data they have on you, can change/update that data and can ask to erase it (and they have to do it, no run around). They also cant share it without your approval. MUCH better for your privacy...

    3. Re:MS vs. Google by d34thm0nk3y · · Score: 3, Funny

      MS is making a strike at google's efforts by putting tighter restrictions on how they can use, and possibly distribute your information in the future.

      Good!

      Now all we need is for Google to lobby for national software quality control standards and we will be set!

    4. Re:MS vs. Google by Anonymous Coward · · Score: 0
      This is an astute observation.

      I thought it might have to do with:
      Last, but not least, Microsoft said organizations that maintain private consumer information should have to meet some kind of national standard to prove they have at least taken reasonable steps to protect that data from hackers, viruses, or other kind of loss, theft or disclosure.
      which would drive demand for their antivirus software.
  29. Re:Of co ... In the Very Least by SirSlud · · Score: 1

    They'd rather that they only have to lobby one government than have to do it seperately, all over.

    If the rules are centralized federally, it makes it much easier to be the gatekeeper on policy as it pertains to corperate use of private data.

    Its similar to your point, but more of an addenum. I'm not judging whether they want good or evil, but its pretty clear what kind of advantages are provided by one stop shopping as it pertains to government policy making.

    To think they really care about the customer as a means to more profitable ends is to conveniently ignore the fact that they define aggresive market tactics in the technology sector. They're not the sort that believes that being the best company in the quality and service sense equals the most profits. Again, whether or not you hold that to be true, its hard to build a case that they believe that.

    --
    "Old man yells at systemd"
  30. Not appropriate for federal regulation by Anonymous Coward · · Score: 0

    Regardless of any personal feelings I have about this, laws governing the protection, disclosure, and use of personal/private information is very clearly a state's right. The federal government has no business in how a state protects its citizen's privacy.

    With that being said, Microsoft is not asking the Senate to define how private information "can't" be used; rather, they're asking them to define how it "can" be used. In other words, Microsoft is asking for a federal standard so they can ignore the protections you directly voted for (or against) in your state. Likewise, the reason they want a federal standard is because you have no direct influence -- you can only hope that the representatives you elect accurately represent your values.

    Personally, I don't see this as an improvement -- this will only make things worse.

  31. One talks by Anonymous Coward · · Score: 0

    Kind of reminds me of the whole one talks much about to hide much about oneself, so what are they plotting mu ha ha ha ha ha....

    I think nietzsche said something like that except for the plotting bit and the evil genius laugh.

    ~AC

  32. Preempt tougher state laws, that should read. by javaxman · · Score: 1

    Not only does a uniform policy for the entire country make it easier to do business, a federal law can preempt any attempts at laws that actually mean anything useful to individuals, making doing business much, much easier.

  33. Don't be naive by Anonymous Coward · · Score: 0

    This is not about protecting consumer's privacy. This is about enacting federal legislation that would pre-empt state legislation, and provide for a common weak, low-level of protection. It's a way of undermining individual state efforts that would otherwise be more protective.

    Microsoft could not care less about people. This is about making their job easier, and their job is to make money.

  34. Anyone else see this as an attempt to kill Google? by handmedowns · · Score: 4, Interesting

    I mean, after all.. what does google do? Index information. Revenue is based off how they use that information, personal and public. Will this law(s) convienently be aimed towards creating requirements on how to protect such information that it will make it costly ($$ and time) enough to hurt google's business?

    Sounds like the HIPPA expanded.

    --
    The road between democracy and tyranny is paved with secrecy in the name of security.
  35. EULA by msbsod · · Score: 2, Funny

    Microsoft is also going to write the EULA for the new federal privacy law.

  36. And in exchange for "helping" the nation... by scolby · · Score: 1

    ...all Microsoft asks is for regulations requiring all states use their proprietary Office file formats. Massachusetts rebels, with the "Boston Office Party" dumping thousands of install discs into the harbor while disguised as Apple store employees.

  37. Go Microsoft? by VidEdit · · Score: 2, Insightful

    Oh please, think about it before gushing over Microsoft. Microsoft only does things out of self interest. There are at least two Machiavellian motives for Microsoft to want a National privacy law. One is to undermine tougher state laws. MS knows that Congress is in the pocket of industry and will pass a weak national privacy law not a strict one. The other motive is to shoot Google in the foot. Google collects detailed personal information on every every Google transaction from a record of every Google search every made to the contents of your gmail in and out boxes. Privacy laws could hurt Google and anything that hurts Google helps Microsoft.

    I'm no fan of Google's use of private info, but I never, never trust Microsoft.

    --
    1. Re:Go Microsoft? by Anonymous Coward · · Score: 0

      So the crux of this argument is that you can't trust Microsoft, because it is in their best interests to lobby for both stronger AND weaker privacy laws simultaneously.

      Good to see the anti-corporate mindset in full affect again.

    2. Re:Go Microsoft? by Craster · · Score: 1
      Oh please, think about it before gushing over Microsoft.
      You know this is Slashdot, right? At what point did you expect to come into this thread and see people "gushing over Microsoft"?
  38. Error by game+kid · · Score: 3, Funny

    Microsoft Privacy Assurance has encountered a problem and needs to close. We are sorry for the inconvenience.

    If you were in the middle of living, the identity you were counting on might be lost.

    Please tell Microsoft about this problem.

    We have created an error report that you can send to help us improve Our Lobbying Techniques. We will treat this report as an important path towards increased revenue and shareholder appeal.

    [Debug]|[Sell soul]|[Smart people can click here and do neither unless they are x86 machine-code pros]
    --
    You can hold down the "B" button for continuous firing.
    1. Re:Error by Anonymous Coward · · Score: 0

      Well, since I've now lost my identity, at least I can be sure the error report is anonymous.

  39. To MS-Bashing Slashbots: RTFA by tabdelgawad · · Score: 5, Informative

    Already a bunch of +4 and +5 Insightful posts bashing MS.

    From TFA:

    "CDT [Center for Democracy and Technology] President Jerry Berman praised Microsoft's move as "a landmark moment in the cause of establishing and protecting individual privacy rights online. ... While we have not reached consensus on all of the provisions of a privacy bill, we applaud Microsoft 's willingness to work actively with other high tech companies, consumer organizations and policymakers."

    "Chris Hoofnagle, EPIC's senior counsel, agreed that Microsoft's position has softened significantly over the years. He noted that it was opposition from Microsoft and Hewlett-Packard that derailed an industry-friendly privacy bill from Rep. Cliff Stearns (R-Fla.) that was quickly gathering support a few years ago
    'Microsoft is being more assertive now and it shows that the company is maturing,' he said"

    "ACLU legislative counsel Timothy Sparapani also praised Microsoft's move, but cautioned that any federal privacy law would need to include safeguards for data gathered by commercial data brokers."

    --
    Imposing Libertarian views on everyone online since 1992.
  40. Privacy of Third Parties by RoadDogTy · · Score: 4, Interesting

    Microsoft is an industry leader in terms of user privacy, internally every employee (for whom it is relevant) must undergo security/privacy training and sign statements about compliance with privacy standards (particularly in terms of how the company deals with PII, Personally Identifiable Information). Saying that the company wants a single privacy standard solely for the purpose of making money may be true in a few corner cases, but in general its not true because Microsoft already has to comply with international standards which (particularly in the EU) are much stricter than the standards of any US State. I think the biggest reason Microsoft would support standard privacy laws is because it would be easier for the company to make guarantees about third party partners (particularly those that use Passport) and make some baseline claims about the level of privacy partners must support.

  41. No. Making it easier to circumvent by DrYak · · Score: 1

    No.
    I'm rather thinking they are fed up because of too much different Privacy laws between different states (at least that's what the blog says).
    It'll be easier for them to controll whatever data they want, if they only need to consider 1 (nationnal) legal system.

    In other word : It'll be easier to circumvent if you have only 1 known barrier.

    And when reading the blog carefully, one may notice that thay want to avoid data leaking against a company's will.
    - User should be asked permission before giving information to governement.
    - Compagny should comply to some "hacker-/virus-proof" standarts [funny when you think it's Microsoft speaking].
    There's not mention about what a compagny could be able or should be forbidden to record.
    The tin-foil hat will stay in place.

    In other words, it's "Let me completly invade users privacy, and keep the feds out of there".

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
  42. Privacy and Big Business don't mix by FishandChips · · Score: 2, Insightful

    A fair guess is that Microsoft has seen which way the wind is blowing and decided to put forward a proposition that's essentially on behalf of business before someone else puts forward a proposition that's a lot more tilted towards Joe Citizen or other business models.

    A difficulty with any law of this kind is that essentially if it's going to have teeth then it's going to be anti-business, in the sense that business will always push for a greater invasion of privacy than legislators or citizens are going to feel comfortable with. It's rather hard to believe that a convicted monopoly is the best arbiter of this unavoidable clash of interests, though to be fair it's an issue that exists in every country in the Western world.

    Of course, one can't help noticing that the requirements over "secondary" uses of information would be problematic for a company with a lot of alliances with third-parties and an interest in personal data, like erm Google, and less problematic for a company where more of it is kept in house, like erm MSN or Windows Live, and where the information is much less personal. And various hints that regulatory compliance might cost big bucks could knock out a lot of small guys. By amazing coincidence, a federal law would then knock out some perhaps tougher state laws, too.

    Nope. The idea that a convicted monopoly should "help" politicians decide what's in my interest strikes me as gross. Even grosser, perhaps, is that the politicians should think it's a good idea to accept this generous offer.

    --
    Las qué passoun
    tournoun pas maï
  43. Amended. by Tackhead · · Score: 3, Funny
    > That law will read something as follows:
    >
    > 1. Individuals have no rights to privacy.
    > 2. Corporations can do what they want with any data.
    >
    > That is, they want enshrined in national law the most pernicious possible data standards.

    You must be new to K Street. Never miss an opportunity to enshrine a monopoly in legislation by finding a way to render your competitors' business practices, even where they're identical to your own, illegal - while simultaneously granting yourself the permission to do the same thing under color of law.

    I've therefore amended your second rule as follows:

    2. Corporations that have business models that conflict with that of Microsoft must be held to the most stringent privacy standards.

    Although the Constitution is no longer relevant, it's still considered bad form to write a Bill of Attainder", so you have to be a little clever about it.

    Thus, you'll typically end up with something like this:

    • Subsection 477.104.8453: the "All Your Base" clause - the use of hashes to represent hardware configurations ("GUIDs") for the purposes of managing software licensing, software configuration, and the provision of security updates, is a permitted use of personal information that enhances user privacy and shall not be penalized.
    • Subsection 8008.13: the "Booble" clause - the use of hashed unique identifiers ("Cookies") that represent individual software configurations for the purposes of providing stateful web browsing, search history, the relevance of clickthroughs for search engines, is an invasion of privacy punishable by having a chair thrown at oneself before being fucking buried, and then fucking killed.
  44. i had to say by know1 · · Score: 0

    i haven't even rtfa yet (just about to) but this is the first slashdot headline that has actually made me laugh out loud.
    see this site for why if you don't know

  45. Common Rules = Common Control by gelfling · · Score: 1

    And guess who wants to control them? Imagine a great big SQLserver in the sky managing your Federally mandated MS Passports.

    What could possibly go wrong??

  46. hmmm by Anonymous Coward · · Score: 0

    leave it to the slashtards to get on microsofts case even when they do something good..

  47. Privacy is not Anonynmity by imsmith · · Score: 1

    Rule of thumb definitions: privacy - the things which you wouldn't do or announce in the town square (or relevant 21st century equivalent); anonymity - a more general case than privacy, related the ability to tie a person's identity to actions taken in public places because of the difficulty of accounting for the scope of a public place (lots of people, lots of real estate, lots of activity, etc.).

    If those thumbnail definitions can be accepted, then the real question becomes, "Is the Internet, and by extension the Web, the 21st Century town square?" If the answer is "Yes" then why are we permitting the marketplace to demand/extort/require the kind of information that we wouldn't tell someone in public during a face-to-face interaction? Another question might be why we aren't protecting that information once it is delivered. The problem isn't necessarily that we give out the info voluntarily, but that once we give it out, it becomes a commodity and an asset listed on the corporate balance sheet. Its not an unreasonable request to have one set of rules instead of 50, but my first reaction is that the Federal guidelines should simply be a minimum standard that can be added to by the states, not a set of all encompassing rules to predict every situation. We simply don't have legislators who comprehend information as an object, so the efforts are like a shotgun blast delivered to a buffalo.

    (Its hearsay, but I have a friend who tells me that in the State of Washington, the regulatory oversight and constraints in place for lotto machines, video poker, and computerized slots is higher (substantially higher) than for electronic voting machines and ATMs.)

    On the other hand, behavior collection and analysis, like a buying pattern or a click path, is less an issue of privacy than it is an issue of anonymity. If I want to follow you around as you walk through town, there isn't any particular reason why I can't. Should I be able to follow you around the Internet? Should I be able to follow everyone around the Internet? Those are hard questions to answer, as is the disposition and capitalization of the gathered information. They are hard to answer because we feel like the Internet, because we generally access it from private, should itself be a private domain, not a public one. When we do something, even surf the Internet, from behind physical doors, we expect that action to be protected by an expectation of privacy, not simply one of anonymity. Consequently, we have to ask these kinds of questions in seperate conversations or else we get lost in a thicket of semantic tangents and nuance.

    Whether or not we, collectively, want to engage in these conversations, they will take place, and if the doors are closed around them because the decision is being driven by someone with a business or security agenda, then we stand to lose in the end.

  48. Let's see... by dslauson · · Score: 4, Insightful

    Hmmm.... How can I spin this against MS to make it seem like they're doing something evil...

    I am so sick of this nonsense. I swear, I need to stop clicking on any slashdot story with the name "Microsoft", "Google", or "Apple". Or maybe I should stop looking to slashdot thinking that maybe people could somehow look past their biases and read a story for what it is.

    Yes, Microsoft is probably acting in their own best interest. So do Google and Apple. They're all trying to make money. That doesn't mean it won't benefit us. Don't try to tell me that you never act in your own self interest.

    I know, Microsoft does anti-competitive things, and that's not cool, but don't let your opinion of them cloud your ability to think for yourself. We need to have our personal information protected, and here MS is in agreement with that. What's the big problem? Seriously!

    1. Re:Let's see... by Anonymous Coward · · Score: 0

      "We need to have our personal information protected, and here MS is in agreement with that. What's the big problem? Seriously!"

            I'm mostly on board with you that it's a "good thing"... but with one eye open. A corporate attitude does not flip on a dime. I have no doubts based on a long history of questionable business practices they'll eventually try and twist this into something not so kosher.

            However, that being said, we'll deal with that hurdle when it enivitably arises.

    2. Re:Let's see... by vga_init · · Score: 1
      Don't try to tell me that you never act in your own self interest.

      To whatever extent that it doesn't conflict with the good interests of others. When we accuse MS of being self-interested, we're implying that what's good for MS is bad for us. I'm of the opinion that this is usually true, but I will gladly accept reasonable arguments to the contrary.

    3. Re:Let's see... by nytmare · · Score: 1

      Why are you so afraid of people being suspicious of Microsoft? Something wrong with that? Should we suddenly just ignore Microsoft's reputation and start accepting their word as truth? If so, why?

    4. Re:Let's see... by guacamole · · Score: 1
      But how come no one is discussing this in positive light? For example, who knows, maybe MS realized that:

      • They could use this law to generate some positive PR to improve people's already negative perceptions of this company.
      • Weak privacy laws could hinder e-comerce by exposing consumers to undesirable privacy risks which could lead to identity theft.
    5. Re:Let's see... by Fengpost · · Score: 2, Interesting

      There is no problem of MS looking out for its own interest. However, the gov't is elected by the people and should work in citizens' interest. Can't you see the conflict here? Maybe a national privacy law deserves consideration, but it should only be considered at citizens' interest. MS' action should be seen with suspicion.

      --
      The purpose of writing is to inflate weak ideas, obscure poor reasoning, and inhibit clarity....Calvin
  49. There's a business impetus by stlhawkeye · · Score: 1

    The motivation for this is that MS can look at the cost of gasoline and health care and observe that as state-by-state regulations get more complicated, the cost of producing health care services and gasoline skyrockets. Software is in the same boat. As privacy becomes a bigger concern, state-by-state regulations will become more and more expensive to keep atop of. A solution at the national level reduces costs. Microsoft is doing good business here; it's a coincidence that it may benefit us.

    --
    "I have never won a debate with an ignorant person." -Ali ibn Abi Talib
  50. Whoops, I did it again! by Anonymous Coward · · Score: 0
    I was in favor of a national law.

    But now that Microsoft has endorsed the idea, I really must look into it.

    Obviously, the merits run whichever way opposed by Microsoft.

  51. They should call this law... by cwalk · · Score: 0

    ...the de-Patriot Act

  52. Microsoft not on the consumer's side in this by Todd+Knarr · · Score: 3, Insightful

    My thought: Microsoft is trying to get Federal rules that they can live with and that'll override more restrictive state rules. Take a look at opt-in vs. opt-out in their proposal. They advocate opt-in for a very limited class of data that they know the general public's getting touchy about, and I'll bet they make that a headline point. But for all other classes of data, they want opt-out enshrined in law in a way that prevents any state from requiring opt-in across the board. And once this is nailed down in Federal law, it'll be all but impossible to get it changed later no matter what happens.

    I think that's Microsoft's strategy: cave in on the few points the public's riled up about right now, while simultaneously nailing down favorable terms everywhere else.

    1. Re:Microsoft not on the consumer's side in this by Tarwn · · Score: 1

      Except for the fact that Microsoft is an international company and already deals with the more restrictive UK privacy laws. Honestly I think it is just a matter of consistency. Consider, right now they have to deal with 50 differant sets of laws whereas a set of federal laws would reduce that to one major set (for the USA that is). Lowering the complexity of the market is, in itself, good for Microsoft. If nothing else, thats almost all of one department of lawyers and interns that they will be able to free up in their budget :P

      --
      Whee signature.
  53. wow by kirkb · · Score: 1

    MS defends our privacy rights, meanwhile the GPL 3 is undemocratic. I think there's an 'in soviet russia' joke in here somewhere...

    --
    Slashdot: come for the pedantry, stay for the condescension.
  54. OT sig reply by Phil+Urich · · Score: 0, Offtopic

    I, too, have recently gotten my first Slashdot "Freak". We should totally form a 1-freak club. Admittedly, that might draw attention, and in doing so the likelihood that others will become objectionable and register their distaste will increase, so I suppose it should be a "1+ freak club" or something . . . yada yada. Actually, I think I'm going to go and write my first ever slashdot journal about this.

    --
    I remember sigs. Oh, a simpler time!
    1. Re:OT sig reply by Anonymous Coward · · Score: 0

      My foes tend to use terms like "yada yada," So far you're still ok, but watch it.

    2. Re:OT sig reply by Omestes · · Score: 1

      I'm winning, I managed to even get the profanity blacklist on my freaks list. I'm impressed, I didn't think I cussed that much... I guess I let a naughty word slip.

      But then again (besides the blacklist) I see each freak as a sign that I'm getting closer to something right.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
  55. troll free post by Anonymous Coward · · Score: 0

    Oh wait

  56. Claria Gator GAIN Vista by saskboy · · Score: 1

    Microsoft's partnership with Spyware magnate Claria no doubt is a part of this effort. If Microsoft can write the law, they can be sure they aren't breaking the laws on spyware they'll bundle with Windows Vista.

    --
    Saskboy's blog is good. 9 out of 10 dentists agree.
    1. Re:Claria Gator GAIN Vista by msbsod · · Score: 1

      Microsoft does not write laws. They pay lawmakers for that job.

  57. Re:Aye! I wish more people realized this! by mister_llah · · Score: 2, Insightful

    This sort of statement applies to companies that aren't Microsoft, as well. The goal of a company is not philantropy, it is success (unless you are a not-for-profit company whose goal is philantropy, in which case, philantropy is success, but I digress)...

    The same "company goal" that Microsoft has is shared by Google, Yahoo, Netscape, Intel, AMD...

    ===

    The company benefit from certain actions may just be as simple as 'branding' and positive public relations, but actions a company takes are almost never selfless.

    I'm glad that at least SOMEONE here realizes that. (added: it's not just you, but you're the most recent example that I've seen):)

    [Now if people would just realize this beyond Microsoft, I think we could all finally come to an understanding about the nature of business that I think the average Slashdotter isn't quite getting]

    --
    MoM++ - A Classic Expanded - [Master of Magic 1.5]
    http://mompp.sourceforge.net/
  58. Data Protection Act by chowells · · Score: 2, Interesting

    Microsoft's suggestions sound quite a lot like what we've already got in the UK thanks to the Data Protection Act.

    1. Re:Data Protection Act by msbsod · · Score: 1

      Microsoft also takes care of Her Majesty's Government computer security. Fits, eh?
      UK government and MS attempt security

  59. I for one by TheOneBiscuit · · Score: 1

    Am quite interested by Microsoft's current developments.
    Perhaps with the rise of google, they will be forced to adopt a similar do no evil policy.
    Maybe they are seeing that it can actually be a good business model?

    Hang on, I'm on slashot aren't I?

    Yeah Microsoft are probably doing this to take control of our minds and Bill Gates is satan!
    Much better. =)

    --
    Things are good
  60. Nearly, almost, kinda adequate by sn00ker · · Score: 3, Insightful
    Every time I hear about privacy laws in the US, I'm stunned at how little privacy you lot have.
    This is yet another example, though admittedly it's better than a lot of what's already in existence.

    Here in NZ, we've had a Privacy Act for 15 years, and it's stronger than this proposal. You have a right-to-access-and-correct information held by any organisation, even the Government, for example. Getting a credit card or a loan is not a licence for the bank to sell your name and address to a dozen different direct-advertising agencies. Buying something on HP will not require you to purchase a larger mailbox just to cope with the influx of targeted mail.
    If you allow the corporations to define the rules of the game, you are fair game. I'd hate to live in a society where any company that has my details can sell them.

    Oh, and to the people who say that this exceeds the authority of the federal government, surely this is an inter-state commerce matter? A uniform set of rules under which you may be fucked over by corporations sounds like inter-state commerce regulation to me.

    --
    "God, root, what is difference?" - Pitr, userfriendly
    1. Re:Nearly, almost, kinda adequate by Anonymous Coward · · Score: 0

      Why do I get the feeling that this has something to do with Google?

      Think about it this way: Google is poised to make big bucks once it allows anyone to sign up for Gmail, and these big bucks translate to more advances on Microsoft territory. But of course, Google's advertising successes would be nothing without their clever privacy invasions whereby they scan every single piece of email a user has in Gmail.

      So if Microsoft were to make is more difficult for Google to invade their user's privacy, it would be a fantastic way to at least slow down the growth of the giant Google is poised to become.

  61. Beneficial by QuietLagoon · · Score: 1

    Microsoft just wants to assure that any privacy law is beneficial to Microsoft, and the easiest way to do that is to sponsor a federal law. That way, they only have to lobby one legislative body.

  62. It's missing one clause. by Harker · · Score: 1

    This is all well and good, if you believe the big-bucks, corporate lapdogs in our nations capital would do it justice, but it needs one more bullet point to make it satisfactory, in my mind:

    * Ensure strict and severe penalties for persons or corporations violating these rules. Ensure that any person or corporation that violates these rules suffer strict penalties, including, but not limited to reimbursement to the person or persons affected, no less than ten times their loss, or some minimum fine.

    Yea, I believe the bastards who mine our computers with spyware needs to be held accountable. :)

    H.

    --
    When VCR's are outlawed, only outlaws will have VCR's.
  63. Another take... by JAHA · · Score: 1

    ...hmmm Ya know how identity theft and warnings about sharing personal information is in the news all the time? Probably not good for business huh? When people don't feel good about doing business online...they don't do it as much. When people don't do as much online business, who suffers? The businesses who provide the infrastructure to do business online. Who happens to be one of those businesses? Microsoft. Does this work to their advantage? yes. Does that make it any less good for us? No

  64. MOD PARENT INSIGHTFUL by sn00ker · · Score: 1
    Damn, I wish I had mod points. Oh, and that you weren't replying to me :P

    I think you've hit the nail on the head.

    --
    "God, root, what is difference?" - Pitr, userfriendly
  65. Don't need a new law, especially not Microsoft's by shanen · · Score: 2, Insightful
    If Microsoft wants it, we already know it favors big companies and a certain monopoly over all else. What we really need a simple recognition of the legal principle that your personal data belongs to you--and should be stored on your own equipment and subject to your Fifth Amendment protections against unreasonable search and seizure. "Possession is nine points of the law."

    Too busy to grab the links just now, and the thread will be old and dead before I have time to do so, but several of my recent posts have been on this topic. You can search for them (assuming you have the time and interest).

    --
    Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
  66. Think: Patriot Act by Bilbo · · Score: 5, Insightful
    Of course, if someone says that a law is supposed to protect our privacy, then it MUST be good for us, just like the way all true Americans know how the Patriot Act MUST be there to protect us!!

    Yea, right.

    --
    Your Servant, B. Baggins
  67. Attacking google where it hurts by Anonymous Coward · · Score: 0

    No-one seems to have mentioned it but it seems to me that a law ensuring US companies are open and honest about information they store about you might be a sidestep approach at attacking google.

    Maybe MS has a google insider or two that knows that google hasn't been as open and honest about what it keeps/accumulate/buys/trawls-from-the-web as you think!

    If it's true it would be highly entertaining

  68. Blame where blame belongs. by twitter · · Score: 1
    You are telling me the people who gave us DMCA and CAN-SPAM are going to do anything but make sure they can do whatever they want? Anyone paising M$ these days is a shill, a fool or seriously misquoted. Yep, looks like bad quoting there.

    CDT takes "opt-out" seriously, so why should I take them seriously?

    Your second quote does not show favor or approval by EPIC. Snakes mature with age. Indeed, from your fine article,

    Hoofnagle cautioned, noting that Microsoft's statement of principles says the company supports "consumer opt-in" -- the consumer's advance permission would be required -- for sharing of sensitive (e.g., financial or medical) data but supports "opt-out" -- data can be shared unless the consumer explicitly says "no" -- for every other kind of information.

    Your third quote should go further in it's statement of mistrust of Microsoft by the ACLU. Again, from the FA:

    ACLU legislative counsel Timothy Sparapani also praised Microsoft's move, but cautioned that any federal privacy law would need to include safeguards for data gathered by commercial data brokers.

    But we don't need experts misquoted to help us rip Microsoft a new one when it comes to anything customer friendly. Microsoft is anything but subtle about what it does. We can look at their own BS to see what they want to do. From their own nonsensical web page, followed by plain English translation:

    Create a baseline standard across all organizations and industries for offline and online data collection and storage. This federal standard should pre-empt state laws and, as much as possible, be consistent with privacy laws around the world.

    The Microsoft way or the Highway, once again.

    Increase transparency regarding the collection, use and disclosure of personal information. This would include a range of notification and access functions, such as simplified, consumer-friendly privacy notices and features that permit individuals to access and manage their personal information collected online.

    A notice of vile activity is not a prohibition of vile activity. A promise of sharing from Microsoft is worth about as much as a shared source license.

    Provide meaningful levels of control over the use and disclosure of personal information. This approach should balance a requirement for organizations to obtain individuals consent before using and disclosing information with the need to make the requirements flexible for businesses, while avoiding bombarding consumers with excessive and unnecessary levels of choice.

    Microsoft's idea of balanced is well known as is what they consider a reasonable level of trust.

    Ensure a minimum level of security for personal information in storage and transit. A federal standard should require organizations to take reasonable steps to secure and protect critical data against unauthorized access, use, disclosure modification and loss of personal information.

    Oh yeah, a certification process approved by an industry follower like Microsoft. Anything that would pass Microsoft for security or privacy is crooked enough to outlaw anything else.

    I'll believe Microsoft gives a shit about anything but spamming their users when their OS has a half life better than 20 minutes on any network.

    --

    Friends don't help friends install M$ junk.

  69. Re:MSFT Privacy of Third Parties - Yeah, right.. by Dark+Coder · · Score: 1

    Microsoft is an industry leader in terms of user privacy, ...

    Too bad, they couldn't go protecting our privacy when mobsters/crackers/l33th4x0r/spammers go injecting spyware, virus, trojans, and malwares which then go invading our Microsoft-certified and Microsoft-patched Windows operating systems which goes into a spell of lifting our credit cards, SSN and PII.

    How about spending a better part of your MSFT cash reserves on a better QA force to put some money where your corporate mouth is?

  70. WHOSE privacy is going to be protected? by swschrad · · Score: 2, Insightful

    the little guys who make the country run, or the big shots who want to limit the little guys?

    the answer to the question is the heart of the argument. I don't generally expect big multinational outfits to be pushing for little guys to get their rights back as it says in the constitution.

    --
    if this is supposed to be a new economy, how come they still want my old fashioned money?
  71. OT: Uh, by weierstrass · · Score: 1
    .. are you trying to promote some software?

    Is that your point?

    --
    my password really is 'stinkypants'
  72. Read it carefully by FudRucker · · Score: 1

    i would reccomend this be read very carefully looking for loopholes & caveats...

    --
    Politics is Treachery, Religion is Brainwashing
  73. Great by Tsunayoshi · · Score: 1

    We the People have been wanting this for years and have been ignored, but now that a CORPORATION suggested it (along with an envelope of bribe...er campaign money) it will in all likelihood come to pass.

    Go USA politicians.!!!!!

    --
    "Get a bicycle. You will not regret it, if you live." - Mark Twain, "Taming the Bicycle"
  74. Microsoft is NOT your Friend by queenb**ch · · Score: 1

    Ok,

    Let's take a cold hard look at the company's historical behavior.

    They drove Lotus 1-2-3- out of business.

    They bought off the DOJ. I mean, if AT&T was a monopoly, so is Microsoft. Since AT&T got broken up, Microsoft should have been too. Fair for one, fair for all.

    They been spanked, albeit lightly, for their attempt to subvert Java and stymie Sun.

    They bundled their browser into the operating system in order to drive their rival, Netscape out of business.

    Now they're doing the same thing with MSN instant messenger. It bundles itself into the OS as well as their office product and can be nearly impossible to turn off.

    They've been accused of deceptive trade practices regarding the "Passport" in which they deliberately mislead people into thinking that they must have a "Passport" in order to get on line.

    South Korea is after them for unfair trade practices and Microsoft is threatening to pull out of South Korea as a result.

    The European Union is taking a hard look at Microsoft and their business practices as well. Microsoft is having a hard time there, as well.

    They're being sued for their crappy security in California now.

    They have a long history of bullying major vendors into preinstalling Windows and ONLY Windows as the operating system for desktops and servers.

    This is just the stuff that I can think of off the top of my head. I'm certain that there's more. Given their track record, I find it highly suspicious that they're pushing a privacy law. It's rather like putting the mafia in charge of the national bank.

    2 cents,

    Queen B

    --
    HDGary secures my bank :/
    1. Re:Microsoft is NOT your Friend by Phil06 · · Score: 1

      Lotus stepped, no, danced on their own dick. They had the number one by far DOS based spreadsheet then sank their entire future into an OS/2 version, stodgily ignoring the direction the market was going. Microsoft didn't drive Lotus out of business, they simply ate the lunch Lotus handed them.

      --
      "...and yet, I blame society" Duke - Repo Man
  75. MS spokesman for Privacy was on C-span today by Jackie_Chan_Fan · · Score: 2, Interesting

    The MS rep for the privacy law proposal was on C-span's Washington Journal (an excellent show i recommend all should watch)

    The format of the show is that each guest gets a good 45 minute to an hour sit down interview, and takes calls for the entire 45 minutes.

    I thought the MS rep had some good things to say. He said just about everything you would expect and it was pretty much on the ball.

    Of course the entire time i tried to figure why MS is behind this because it's clear they're one of the biggest security problems on the internet.

    The only thing i could come up with is that MS probably has software in developement that is near complete that they want to sell to all online retailers etc.

    The MS rep's biggest point was that a person should beable to track their info, know where it is, who has it, what is being done with it, and when it shifts hands to outside agencies etc.

    Which i'm guessing is exactly what they have in developement for a software solution. If MS could by law force all companies to use such software and provide such information to customers, then MS would have a sure sell to all buisnesses. And like i said, i bet MS has this peice of software all ready to go. All they need is a law to enforce the requirement of such applications and services.

    The law is a good idea, but clearly i think MS is banking on this for a new source of revenue in the B2B world.

  76. Beware Newspeak by Anonymous Coward · · Score: 0

    "A granted limitted right to privacy, unless we need to sort through your underware!!!"

    IAMAL but the privacy laws I have read say that you have a right to privacy until someone in the government wants to look you over,
    then he has to take 15 minutes out of his day to have a judge approve snoopin' on you.

    Some Privacy!

  77. Federal vs state powers by Antony-Kyre · · Score: 1

    Does the federal government have the authority granted to it in the Constitution to make this type of law? I'm being serious. Anywhere in Article I, Section 8 does it give them this power?

    Although a national privacy law would be good, does it overstep Congress's constitutional powers?

    1. Re:Federal vs state powers by idamaybrown · · Score: 1

      Since when does anyone in Washington pay attention to the constitution?

    2. Re:Federal vs state powers by Antony-Kyre · · Score: 1

      I guess you're right. I think the elected officials are more concerned with looking good and just doing stuff to justify their job.

      In my opinion, the federal government should be loose/weak. They need to stick to the Constitution and Declaration of Independence (although the DoI isn't considered a lawful/legal document by some people), and they could just leave the rest up to the states to decide.

      In another part of this thread, the Internet Commerce Clause was brought up. The ICC would be perfect in dealing with double taxations, such as the recent telecommuting income tax issues that have arisen.

  78. Why would they do that? by crappypatents · · Score: 1

    Perhaps they are just trying to take a shot at Google ? ... Many have said that the heart of google is how they use their customer information ? ... What exactly does this privacy bill include?

  79. Interstate Commerce Clause. Duh. n/t by DanTheLewis · · Score: 1

    -- Dan --

    --

    Q: What did the comedian say to the crowd?
    A: If I knew, this joke would be funny.
    1. Re:Interstate Commerce Clause. Duh. n/t by Antony-Kyre · · Score: 1

      I was wondering if that really applies though.

    2. Re:Interstate Commerce Clause. Duh. n/t by DanTheLewis · · Score: 1

      Sorry. I wasn't trying to be rude. But we are talking about regulating companies whose data mining activities extend to anyone from any state who uses their products on the Internet. These activities are broadly commercial because the companies tend to sell the information or use it to produce targeted advertising.

      But more to the point, Congress has regulated broad activities under the commerce clause that have little to do with commerce at all.

      The Wikipedia article is a good primer:
      http://en.wikipedia.org/wiki/Commerce_Clause

      "[In 2005] ... Justices Scalia and Kennedy departed from their previous positions as parts of the Lopez and Morrison majorities to uphold a federal law regarding marijuana. The court found the federal law valid, although the marijuana in question had been grown and consumed within a single state, and had never entered interstate commerce."

      That should give you an idea of how broadly the commerce clause is still being applied.

      Whether or not it "really" applies is a question you would have to ask an originalist mystic.

      --

      Q: What did the comedian say to the crowd?
      A: If I knew, this joke would be funny.
    3. Re:Interstate Commerce Clause. Duh. n/t by SilverspurG · · Score: 1
      Whether or not it "really" applies is a question you would have to ask an originalist mystic
      Well, it's certainly obvious which side of the fence you sit on.

      If the commerce clause were meant to be a trojan for the federal government to do anything under the sun, why would the 9th and 10th Amendments have even been written?

      Amendment 9 specifically prohibits the enumeration of any part of the Constitution to apply more broadly than bare minimum face value.

      Nice use of the jab "originalist mystic". I suppose you think yourself rather clever.
      --
      fast as fast can be. you'll never catch me.
    4. Re:Interstate Commerce Clause. Duh. n/t by DanTheLewis · · Score: 1
      Nice use of the jab "originalist mystic"

      I am referring to the fact that the Constitution says whatever the sitting Supreme Court says it does. That's why they are the Supreme Court and you are not. And that's why we have privacy rights, civil rights, and yes the interstate commerce clause. Maybe some argument can be made about what the Constitution should say and how it should be interpreted, or how the Founders would have interpreted it if they were here. I call it mysticism because I, at least, do not know how anyone would know what the Founders would think about today's jurisprudence, given the rest of America's history, other than having some deep, personal, spiritual connection to them. So I was actually being specific.

      If the commerce clause were meant to be a trojan for the federal government to do anything under the sun, why would the 9th and 10th Amendments have even been written?

      Amendment 9 specifically prohibits the enumeration of any part of the Constitution to apply more broadly than bare minimum face value.



      Let me say first that you give yourself away by the words were meant to be. In the words of Austin Powers, "That train has sailed." Why not ask how the commerce clause should be interpreted now? Or how the commerce clause is interpreted now? Again, you have some vision of the ideal version of the interpretation of the commerce clause. I don't. All I have is precedent. Even Scalia thinks that growing and consuming pot in one state, pot that never makes it into interstate commerce, should be governed by the commerce clause. http://en.wikipedia.org/wiki/Gonzales_v._Raich

      I might read the Tenth Amendment, for example, as delineating the separation of powers between the federal government and the state governments, rather than the circumscribing of the power of the federal government to the four corners of the Constitution.

      "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Amendment 9 refers to the Bill of Rights being a subset of the rights that the government offers the people, and not the exact set. So there can be a right to privacy that is not explicit in the Bill of Rights. Amendment 9 invites that kind of expansion of individual rights against the power of the government. There is no logical path from the possible expansion of individual rights to a literal reading of the Constitution.

      I don't entirely disagree with your point of view. I do think that if we were writing the Constitution to reflect the nature of government today, we might say something besides "govern interstate commerce". It might be "create national agencies to manage matters of national import". Or something. But it is misguided to talk about the fantasy land where we don't have the commerce clause, as opposed to talking about the real world, where it is real, influential, and not going away.

      --

      Q: What did the comedian say to the crowd?
      A: If I knew, this joke would be funny.
    5. Re:Interstate Commerce Clause. Duh. n/t by SilverspurG · · Score: 1
      That's why they are the Supreme Court and you are not.
      Another jab. Equally laughable.
      I might read the Tenth Amendment
      You might, and you'd be wrong. It's very clear: Anything not mentioned specifically in the Constitution is not the business of the Federal Government (the 10th Amendment), and you can't enumerate the Constitution to expand the role of the Federal Government (the 9th Amendment). That's all there is to it.

      If you look at the situation in Britain that the Revolutionaries were trying to divest themselves of, you will see that it's the same situation which you're advocating. The British authorities were overinterpreting their powers based upon word games with their laws. What makes you think that the Constitutional Authors were writing the 9th and 10th Amendments to allow that to happen again?
      Amendment 9 refers to the Bill of Rights being a subset of the rights that the government offers the people
      Amendment 9 is not about a subset of rights that the Government offers to the People. The rights of the Government is a subset of all rights that the people naturally have. Amendment 9 is about limiting the set of rights which the Government has to be only those rights and powers specifically stated in the Constitution.
      But it is misguided to talk about the fantasy land where we don't have the commerce clause
      We have a commerce clause. Perhaps you can enlighten us as to what regulation of commerce commonly meant in 1776. I guarantee it wasn't equated with micromanaging industrial sectors.
      Even Scalia thinks that growing and consuming pot in one state, pot that never makes it into interstate commerce, should be governed by the commerce clause.
      His authority should obviously be revoked as his allegiance was obviously influenced by external political forces.
      --
      fast as fast can be. you'll never catch me.
    6. Re:Interstate Commerce Clause. Duh. n/t by DanTheLewis · · Score: 1

      You are not listening. You do not live in the United States of America c. 2005. You do not appreciate the political reality that the Supreme Court decides what the Constitution says. You do not appreciate the jurisprudential reality that the Ninth and Tenth Amendments have in fact been interpreted by endless precedents to allow sweeping federal authority. Instead you want a commerce clause that is interpreted narrowly, you want the single most conservative justice of the Supreme Court to get his membership revoked because he's not conservative enough (!), you want a loose federation rather than a republic. Guess what? They already fought the Civil War, and I hate to break it to you, but you lost. "That's why they are the Supreme Court and you are not." This is not a jab. This is a statement of fact about how the Constitution is interpreted. I am trying to point out that whatever you think the Constitution says pales in comparison to what the Supreme Court thinks it says. They actually cannot be wrong about what it says, but you seem to want some court of last resort to judge the Supreme Court. Such a court does not exist in the United States. Your wants and shoulds and oughts and advocating might be justified by real reasons. They might even be true. Like I said, if we were really honest about how the federal government operates now, we would replace the commerce clause with a much broader statement; what I mean is that the commerce clause is inadequate to bear the weight that has been placed on it by the Supreme Court over the course of our history. I agree with you that weed has nothing to do with interstate commerce. But tough. We don't get to decide how the Constitution should be interpreted. I offer no opinions on how it should be interpreted, especially because your desired interpretation flies in the face of precedents that are as set in stone as a Mafia stoolie. I have no axe to grind. On the other hand you do. If you want the Constitution to say something different than the current Supreme Court does, your options are: a) Get on the Supreme Court; b) Invent a time machine and climb in; c) Start a new country and write your own Constitution; or most realistically, d) Start a legal movement that countenances the sorts of changes in the interpretation of the Constitution that you desire, then put judges on the Supreme Court that are likely to listen to you. But I don't think, frankly, that you are likely to succeed at any of these aims. "You might, and you'd be wrong. It's very clear: Anything not mentioned specifically in the Constitution is not the business of the Federal Government (the 10th Amendment), and you can't enumerate the Constitution to expand the role of the Federal Government (the 9th Amendment)." Maybe I'm wrong, but how many Supreme Court justices have to disagree with you before you are wrong? "What makes you think that the Constitutional Authors were writing the 9th and 10th Amendments to allow that to happen again?" Remember, I'm not an originalist, so I think claims about what the Founders would and would not allow today, given the context of their contemporary situation are irrelevant. They, at least, knew that they were producing a living document, not inerrant Mt. Sinai political gospel. It is much more plausible that no one knows what the Founders would allow today, given the context of our history and our contemporary situation, and that trying to approximate the political realities of 2005 with lessons from 1789 is a project doomed to failure.

      --

      Q: What did the comedian say to the crowd?
      A: If I knew, this joke would be funny.
    7. Re:Interstate Commerce Clause. Duh. n/t by DanTheLewis · · Score: 1

      [Sorry about the bad formatting; corrected here]

      You are not listening. You do not live in the United States of America c. 2005. You do not appreciate the political reality that the Supreme Court decides what the Constitution says. You do not appreciate the jurisprudential reality that the Ninth and Tenth Amendments have in fact been interpreted by endless precedents to allow sweeping federal authority.

      Instead you want a commerce clause that is interpreted narrowly, you want the single most conservative justice of the Supreme Court to get his membership revoked because he's not conservative enough (!), you want a loose federation rather than a republic. Guess what? They already fought the Civil War, and I hate to break it to you, but you lost.

      "That's why they are the Supreme Court and you are not."

      This is not a jab. This is a statement of fact about how the Constitution is interpreted. I am trying to point out that whatever you think the Constitution says pales in comparison to what the Supreme Court thinks it says. They actually cannot be wrong about what it says, but you seem to want some court of last resort to judge the Supreme Court. Such a court does not exist in the United States.

      Your wants and shoulds and oughts and advocating might be justified by real reasons. They might even be true. Like I said, if we were really honest about how the federal government operates now, we would replace the commerce clause with a much broader statement; what I mean is that the commerce clause is inadequate to bear the weight that has been placed on it by the Supreme Court over the course of our history. I agree with you that weed has nothing to do with interstate commerce.

      But tough. We don't get to decide how the Constitution should be interpreted. I offer no opinions on how it should be interpreted, especially because your desired interpretation flies in the face of precedents that are as set in stone as a Mafia stoolie. I have no axe to grind. On the other hand you do.

      If you want the Constitution to say something different than the current Supreme Court does, your options are: a) Get on the Supreme Court; b) Invent a time machine and climb in; c) Start a new country and write your own Constitution; or most realistically, d) Start a legal movement that countenances the sorts of changes in the interpretation of the Constitution that you desire, then put judges on the Supreme Court that are likely to listen to you. But I don't think, frankly, that you are likely to succeed at any of these aims.

      "You might, and you'd be wrong. It's very clear: Anything not mentioned specifically in the Constitution is not the business of the Federal Government (the 10th Amendment), and you can't enumerate the Constitution to expand the role of the Federal Government (the 9th Amendment)."

      Maybe I'm wrong, but how many Supreme Court justices have to disagree with you before you are wrong?

      "What makes you think that the Constitutional Authors were writing the 9th and 10th Amendments to allow that to happen again?"

      Remember, I'm not an originalist, so I think claims about what the Founders would and would not allow today, given the context of their contemporary situation are irrelevant. They, at least, knew that they were producing a living document, not inerrant Mt. Sinai political gospel. It is much more plausible that no one knows what the Founders would allow today, given the context of our history and our contemporary situation, and that trying to approximate the political realities of 2005 with lessons from 1789 is a project doomed to failure.

      --

      Q: What did the comedian say to the crowd?
      A: If I knew, this joke would be funny.
    8. Re:Interstate Commerce Clause. Duh. n/t by SilverspurG · · Score: 1

      I'll agree that you have a valid argument if you concede several things:

      1) The Constitution, as a guiding document, is utterly meaningless as its content has been superseded by court precedent--the motivation for which is only arguably in line with the morals and values of personal freedom, liberty, and the attainment of a universally beneficial society.

      2) We do not live in a Constitutional Republic.

      3) "Leader of the Free World" and "Democracy" are meaningless PR slogans.

      4) Our current government, as characterized by the authorities and powers it exercises, most closely resembles a Communist and Socialist state.

      If you agree to those things then I'll agree with what you're saying. If you choose to argue that the Constitution still has any real legitimate meaning in today's world then we must default back to the strictest interpretation of the original document. That is to strive for the smallest and most limited Federal government possible.

      --
      fast as fast can be. you'll never catch me.
    9. Re:Interstate Commerce Clause. Duh. n/t by DanTheLewis · · Score: 1
      I don't see why I should make any concessions in an argument I am being so clear about. Rather, I think you have been upset all along by my repeating the facts of life to you about the Constitution. You have wished it were otherwise and wanted me to say that I wished it were otherwise as well. I think you mistake my goal in this conversation. For instance, I disagree with 1) because I don't think precedent has nothing to do with content. Rather, I think precedent shapes the context in which we view the words of the Constitution. I do think that First Amendment cases go before the court all the time and are decided on the basis of what are ultimately First Amendment principles. At the same time, I acknowledge that we have built up a gigantic apparatus of lenses through which to view constitutional issues. A bald example is free speech, where debates surround, for example, the hate speech, flag-burning, pornography issues. I recognize that this apparatus seems to have meandered far from the text. However, I think it is a paradoxical strength of the Constitution that it need not only mean what it says. You seem to desire a situation where the black ink on the white pages of the Constitution creates a black and white world where it is obvious how to govern, where we haven't accreted all these unfortunate systems of being a society, a simpler time, a happier time. With respect, this desire is misguided; the Constitution can be our rule book or it can be our community. I am happy that the Constitution's interpretation changes as our American community changes. "The letter kills but the spirit gives life" is very relevant to the Constitution in that sense. The Constitution, with judicial precedent and all, is our negotiated settlement with the real world. I think your use of "real legitimate meaning" is loaded with whatever you conceive to be the legitimate meaning of the constitution. "Constitutional Republic", "Leaders of the Free World", "Democracy" with a capital D, "Communist and Socialist" are also similarly loaded. You call your interpretation of the Constitution strict, but you interpret it eisegetically, with your secret knowledge about what is legitimate and what is meaning and what is democracy. So I call BS on your interpretations of these labels (which you have not defined, but whose thrust is clear from your use).
      If you choose to argue that the Constitution still has any real legitimate meaning in today's world then we must default back to the strictest interpretation of the original document. That is to strive for the smallest and most limited Federal government possible.
      I object to the non sequitur. The Constitution can have meaning without rolling in "the strictest interpretation of the original document." Maybe you want to include the interpretation in the original document that a slave counts as 3/5 of a person for the purpose of allocating members of the House of Representatives. The Constitution has had ugly, useless hacks from the beginning. We use them because they're all we've got, but we modify them because they are not adequate to the task of living together. Every once in a while, we come to decisions as a society that are so momentous that we enshrine them in Amendments to the Constitution. But more frequently, we (or rather the Supreme Court) choose to interpret things a little differently, or more completely to reflect the complexities that the document does not countenance (and there are endless examples here too). I think this is positive on the whole. I don't know what your rollback program is for the Constitution and whether you really think that judicial precedent has been negative for our country on the whole. Isn't it obvious from all I've said here that I think the Constitution does have real legitimate meaning? And yet I don't agree with you. Maybe there is a hole in your argument somewhere. I don't know why you want me to agree with these premises. Maybe you are trying to label me, so you can dismiss me. I am not interested in affording you the satisfaction.
      --

      Q: What did the comedian say to the crowd?
      A: If I knew, this joke would be funny.
    10. Re:Interstate Commerce Clause. Duh. n/t by DanTheLewis · · Score: 1
      [formatting problems again]

      I don't see why I should make any concessions in an argument I am being so clear about. Rather, I think you have been upset all along by my repeating the facts of life to you about the Constitution. You have wished it were otherwise and wanted me to say that I wished it were otherwise as well. I think you mistake my goal in this conversation.

      For instance, I disagree with 1) because I don't think precedent has nothing to do with content. Rather, I think precedent shapes the context in which we view the words of the Constitution. I do think that First Amendment cases go before the court all the time and are decided on the basis of what are ultimately First Amendment principles. At the same time, I acknowledge that we have built up a gigantic apparatus of lenses through which to view constitutional issues. A bald example is free speech, where debates surround, for example, the hate speech, flag-burning, pornography issues. I recognize that this apparatus seems to have meandered far from the text.

      However, I think it is a paradoxical strength of the Constitution that it need not only mean what it says. You seem to desire a situation where the black ink on the white pages of the Constitution creates a black and white world where it is obvious how to govern, where we haven't accreted all these unfortunate systems of being a society, a simpler time, a happier time. With respect, this desire is misguided; the Constitution can be our rule book or it can be our community. I am happy that the Constitution's interpretation changes as our American community changes. "The letter kills but the spirit gives life" is very relevant to the Constitution in that sense. The Constitution, with judicial precedent and all, is our negotiated settlement with the real world.

      I think your use of "real legitimate meaning" is loaded with whatever you conceive to be the legitimate meaning of the constitution. "Constitutional Republic", "Leaders of the Free World", "Democracy" with a capital D, "Communist and Socialist" are also similarly loaded. You call your interpretation of the Constitution strict, but you interpret it eisegetically, with your secret knowledge about what is legitimate and what is meaning and what is democracy. So I call BS on your interpretations of these labels (which you have not defined, but whose thrust is clear from your use).

      If you choose to argue that the Constitution still has any real legitimate meaning in today's world then we must default back to the strictest interpretation of the original document. That is to strive for the smallest and most limited Federal government possible.


      I object to the non sequitur. The Constitution can have meaning without rolling in "the strictest interpretation of the original document." Maybe you want to include the interpretation in the original document that a slave counts as 3/5 of a person for the purpose of allocating members of the House of Representatives. The Constitution has had ugly, useless hacks from the beginning. We use them because they're all we've got, but we modify them because they are not adequate to the task of living together.

      Every once in a while, we come to decisions as a society that are so momentous that we enshrine them in Amendments to the Constitution. But more frequently, we (or rather the Supreme Court) choose to interpret things a little differently, or more completely to reflect the complexities that the document does not countenance (and there are endless examples here too). I think this is positive on the whole. I don't know what your rollback program is for the Constitution and whether you really think that judicial precedent has been negative for our country on the whole.

      Isn't it obvious from all I've said here that I think the Constitution does have real legitimate meaning? And yet I don't agree with you. Maybe there is a hole in your argument somewhere.

      I don't know why you want me to agree with these premises. Maybe you are trying to label me, so you can dismiss me. I am not interested in affording you the satisfaction.
      --

      Q: What did the comedian say to the crowd?
      A: If I knew, this joke would be funny.
    11. Re:Interstate Commerce Clause. Duh. n/t by SilverspurG · · Score: 1
      Rather, I think you have been upset all along by my repeating the facts of life to you about the Constitution.
      I recognize the way things work. I was questioning the legitimacy of the people who are making it work that way. You can concede that they're acting illegitimately but don't try to argue that they're at all within their Constitutional authority.

      The precedent set by the courts is extra-Constitutional. As such, we no longer live in a Constitutional Republic. The powers and authorities expressed by our government are no longer those indicative of a Constitutional Republic but rather more closely resembles the powers and authorities of a Socialist or Communist regime.
      The Constitution can have meaning without rolling in "the strictest interpretation of the original document."
      If the government chooses to operate outside the limitations of the 9th and 10th Amendments then the Constitution no longer has any meaning. They might as well justify their arguments using the "might makes right" approach.
      --
      fast as fast can be. you'll never catch me.
    12. Re:Interstate Commerce Clause. Duh. n/t by DanTheLewis · · Score: 1
      I recognize the way things work. I was questioning the legitimacy of the people who are making it work that way. You can concede that they're acting illegitimately but don't try to argue that they're at all within their Constitutional authority.


      On the contrary, I have defined the Constitution as a living document representing our evolving social contract. It was always meant to be that. As such, the Supreme Court is well within its authority as representatives, elites, whatever you want to call them, to reinterpret the document as the social contract changes. You, on the other hand, have failed to define legitimacy. Let me repeat again: unless the Constitution was written by one of the 12 apostles, talking as if it is not subject to reinterpretation is ludicrous. I'm not sure what country you want to live in, but it is not a country where our social contract evolves.

      The precedent set by the courts is extra-Constitutional. As such, we no longer live in a Constitutional Republic. The powers and authorities expressed by our government are no longer those indicative of a Constitutional Republic but rather more closely resembles the powers and authorities of a Socialist or Communist regime.


      Once again I call BS on the loaded definitions of these terms. And I call BS too on the idea that a text has meaning without context. It's not like you can just point at the Constitution and say "The Constitution is the Constitution. What do you mean you don't understand me?" We disagree about the meaning of the text, therefore the text is not just the text; like I said before, you impose your interpretation on the Constitution, and we have arguments about interpretation.

      That's why it's useless to say that "extra-Constitutional" means "illegitimate". All meaning is extra-textual; all meaning is contextual. The question is about which context is most appropriate. Now, you've talked a lot about Communism and Democracy and the Constitution, but you haven't spent three words justifying the context you bring to the Constitution.

      If the government chooses to operate outside the limitations of the 9th and 10th Amendments then the Constitution no longer has any meaning. They might as well justify their arguments using the "might makes right" approach.


      You call the 9th and 10th Amendments limitations. But you have no authority for this claim except your extra-Constitutional context, worldview, whatever you want to call it. Your context is not only not magically better than mine, it is not accepted by the authorities on the subject, the Supreme Court, nor is it mainstream in the population, nor is it mainstream in jurisprudence. So justify your worldview.

      As I've said, there is not a dichotomy between "might makes right" and "strict construction". I've proposed at least one other way that a text may be related to its interpretation, "living document".

      You have a lot of slogans and labels. But they are brittle, and they are unconvincing.
      --

      Q: What did the comedian say to the crowd?
      A: If I knew, this joke would be funny.
    13. Re:Interstate Commerce Clause. Duh. n/t by SilverspurG · · Score: 1
      I have defined the Constitution as a living document
      Unless you pass further Amendments, the 9th and 10th Amendments make it very clear that "living document" is a full metric butt load of horse crap.
      --
      fast as fast can be. you'll never catch me.
    14. Re:Interstate Commerce Clause. Duh. n/t by DanTheLewis · · Score: 1

      Again I repeat that you have not spent three words justifying your worldview. I think it is because you can't.

      I don't consider the Constitution to be Holy Writ, so why should I believe that the 9th and 10th Amendments say whatever you want them to say? It should be clear that just pointing to the text and saying "I'm right" doesn't work when someone else looks at the same text and says "I disagree."

      In fact, you've set up a situation where your mystical intuition (again I use the terms precisely) won't allow you to defend your argument. And the problem is not that I don't know what you're saying. The problem is that you don't have any public basis for your private belief.

      I repeat that context controls meaning and you have not permitted criticism of the context you bring to the Constitution.

      The longer this conversation goes on, the more I believe that you don't know the truth or falsity of what you're saying about the Constitution, and the insularity of your worldview prevents questions like the ones I have posed from reaching you. If so, that is a harsh indictment of your worldview. Every worldview needs to be judged, in trial by fire. The less a worldview permits question, the more it avoids judgment, the weaker it is.

      --

      Q: What did the comedian say to the crowd?
      A: If I knew, this joke would be funny.
    15. Re:Interstate Commerce Clause. Duh. n/t by SilverspurG · · Score: 1
      Again I repeat that you have not spent three words justifying your worldview
      Sure I have. If the authors had meant for the commerce clause to be a giant trojan backdoor to the restrictions on the powers of the federal government they wouldn't have bothered writing the 9th and 10th Amendments. If they had meant for it to be a living document where Congress could write laws to give itself more powers they wouldn't have included the mechanism for amending the document.

      The Constitution was a finite set of authorities given to the Federal Government. There was a mechanism inserted to expand that set through further Amendments. At the end of the Bill of Rights is a cap which seals that finite set to only include things specifically mentioned in the document. To suggest that "living document" allows the Constitution to be enumerated is little more than whining about having to play by the rules--and a violation of the 9th Amendment. The Constitution is a living document--if you get further Amednments passed. To think that "commerce clause" is legal justification for circumventing that finite set is, as I've said, a product of political horse crap.
      --
      fast as fast can be. you'll never catch me.
  80. Re:Don't need a new law, especially not Microsoft' by Anonymous Coward · · Score: 0

    Fourth Amendment, not fifth.

  81. Re:Aye! I wish more people realized this! by GrungyLotG · · Score: 1

    You 100% correct. No matter what the corporation, their major goal is profit (Or in some cases, making decisions that will insure long-term profit; aka vendor lockin, which may be a major goal of a company, but that in turn leads to long-term profit). However, the line blurs when you consider how they make their profit. Sure Google's motive of "Do no evil" might be to ensure a good company reputation, but it makes (almost) everyone happy. Google gets plenty of news [and /.] time, more traffic viewing their ads, and more companies aware of their advertising. Customers get a product that is superior than many of the alternatives. In this case, both the company and the customers "win". The creation of plain superior or innovative software would generally fall into this category as well.

    When a company takes other routes; we get Microsoft and the *AA type businesses. Instead of profiting by keeping the customer happy with their products; they misinform the public, have a team of laywers larger than their other employees, and cheat/lie/steal/backstab anything in the way of an extra half-of-a-percent on their earnings reports. Instead of innovating as time changes, they stop everyone from innovating as time changes. Instead of creating a superior product; they sue the compitition into submission, prevent people from switching from their software, or use one of the other dozen techniques we see often the topic of discussion on /.

    A corporation, per say, is not either good or evil. It's motive is the same weather it is loved or loathed by the public: Profit, and this is a good thing. Without companies constantly trying to out-do eachother to make higher profits, industries would be devoid of innovation. On the flip side, the method a company uses to generate profit can be very helpful or harmful to the customers. It is no surprise that people doubt Microsoft's intentions, since they have shown again-and-again that they will do anything to bolster profits, no matter what it does to the customers.

  82. NOT Good by Anonymous Coward · · Score: 0

    Microsoft is not neccesarily pushing for _sufficient_ privacy laws. It definately wants uniformity, and just maybe wants weakness that it can exploit. Did I just say maybe? This IS Microsoft. I apologise.

  83. Re:Don't need a new law, especially not Microsoft' by TwoScoopsOfPig · · Score: 1

    Well, if the information falls under something constituting self-incrimination, would that then fall into the Fifth?

    --
    #include <disclaimer.h>
    #include <beer.h>
  84. Support your sweatshops! by Z34107 · · Score: 2, Insightful

    Hrm... Think of factory conditions in this way, if you would:

    We should buy as much from possible from sweatshops to increase the wages of their workers.

    Stop laughing >.<

    Firstly, if we buy a lot from sweatshops, that would mean there would be massive $money to be made in sweatshoppery. Opportunistic taskmasters would open their own sweatshops, wanting their own peace of the pie. And, they'll want "workers," too. Eventually, the sweatshops will run out of workers to exploit, and would have to, gasp, pay them more in order to grab workers away from competitors. By putting a sufficiently large carrot in front of the taskmasters, their own greed will help the impoverished. Spooky, eh?

    Also remember, that in countries that can barely feed themselves, their idea of a "living wage" is completely different.

    Also, what would happened if we all stopped buying from sweatshops? They'd be shut down, of course, and yay, we liberated the poor, starving serfs earning diddly/squat per hour. Of course, that means that they're now making $0 per hour, because we just killed their one source of income and only chance of feeding their family, as feeble as was.

    Although sweatshops are deplorable, they are the first babysteps towards a modern economy. We have to learn to balance humanitarian issues with economic ones. How would you rather spend your money? Would you rather a small portion of it drops into the pockets of the starving and impoverished or would you rather give a large chunk of it towards unskilled, over-privileged, unionized button-pressers?

    --
    DATABASE WOW WOW
    1. Re:Support your sweatshops! by Concerned+Onlooker · · Score: 2, Insightful
      We should buy as much from possible from sweatshops to increase the wages of their workers.

      If you made a sweatshop owner filthy rich he would never raise wages. To think otherwise is to be disingenuous. Money doesn't make one more enlightened, it makes one less enlightened.

      My original point wasn't really about sweatshops, it was more about the incredible lack of imagination that human beings have for non-greedy purposes. When you look around in the world to determine why people are suffering please remember that the chief cause of suffering on this planet is not mother nature, it is other people.

      --
      http://www.rootstrikers.org/
    2. Re:Support your sweatshops! by Z34107 · · Score: 1

      And my point is NOT that money would enlighten the slavers. My point was that there would eventually be more slavers chasing money than workers, and to get anyone to work in their sweatshop, they would have to pay more. If there are 50 workers in town, and two sweatshops need 50 workers each to run, what are they going to do? They would have to pay each worker more, or otherwise they'd work at the other sweatshop. Wages increase as a third, and fourth slaver move in - they're all competing for the same workers. So, the greed of the slavers made them each open competing sweatshops, driving up the cost of labor. Economics 101 - where before labor was plentiful and cheap, it is now scarce and expensive. In the king's English, a profitable industry is one with high(er) wages.

      So, regardless the label applied to an industry, let's make sure that the industies of impoverished nations are profitable. Boycotting because wages are too low will not magically create better conditions, but rather, the opposite. Support your sweatshops!

      --
      DATABASE WOW WOW
    3. Re:Support your sweatshops! by Concerned+Onlooker · · Score: 1

      I think you've been reading too much Ayn Rand. In reality what would probably happen is that one sweatshop owner would have the other one killed, or they would form a partnership in order to not have to pay higher wages. It's funny that people think that liberals are fuzzy-headed idealists when there are all these people out there who are just as unrealistically idealistic about capitalism.

      --
      http://www.rootstrikers.org/
    4. Re:Support your sweatshops! by Anonymous Coward · · Score: 0

      I think you've been reading too much Ayn Rand. In reality what would probably happen is that one sweatshop owner would have the other one killed, or they would form a partnership in order to not have to pay higher wages. It's funny that people think that liberals are fuzzy-headed idealists when there are all these people out there who are just as unrealistically idealistic about capitalism.

      My favorite bit: "In reality what would probably happen..."

      You obviously haven't had contanct with a "sweatshop". My parents worked in these so called "sweatshops" (back in the mid to late 80s early 90s) when the textile (manufacturing) industry was booming in the UK. My parents were both working and earning high salaries. Each earning ~800GBP/weekly, at the time, that was considered a lot of money. After the textile bubble burst [work being outsourced to lower labour rate nations], my father took up as a taxi driver and my mum retired. Throughout the years they worked in those "sweatshops" (or factories) did no factory-owner have a contract taken out on him or got 'clipped' in a 'drive-by' etc. It was a large but closed community of factory workers and employers, nearly all the big UK clothing firms were manufacturing parts or all of there clothing line through these (hundreds) of factories scattered around the UK.

      1). Greater influx of work == higher number of people who can find jobs -- lesser unemployment, but also a general lowering (stabilization/standardization) of salaries for workers.

      2). Just because some 'nitwit' decided to prefix "sweat" on a industry doesn't automatically equal ganstas' or organized crime -- You've been playing too much GTA.

      3). Kids of factory workers a looked down upon, but I had a better childhood than the kids I know who's parents had "respected profesions" (i.e. minus the "sweat").

  85. What the Hell?!?!?!?!?! by Anonymous Coward · · Score: 0

    When I read this, all I could think was "Durrwahh???, Micro$oft is pushing for a law that will benefit people?"
    Bill, you are not longer my apprentice
    Also, could someone please explain to me why it is so cold all of a sudden?
    --Satan

  86. DRM ?? by AppleFever · · Score: 1

    Comon? Isn't there any DRM that can protect US from MICROSOFT?!?

  87. He, he... by Anonymous Coward · · Score: 0

    This will not do anything to M$... it will only be a pain in the ass for their competitors.
    M$ allready know everything about anyone who has registred.... and you must register just to use XP...

  88. Different opinions, different areas. by Anonymous Coward · · Score: 0

    So, what if those people in west virginia suddenly disagree with the right to free speech?

    What if they decide that they dont like that whole emancipation thing anymore?

    And if they decide that defence spending is for morons, and they wont pay taxes that fund the military? ..... tell me again, in YOUR view, what makes us a nation ?

  89. Google by Anonymous Coward · · Score: 0

    Let be honest....what does Google like doing......and whom does Microsoft hate?

  90. Unless you're IBM in the 1940s by scotbot · · Score: 1

    ... in which case you make money by manufacturing a machine the express purpose of which industrialises evil.

    Companies should have a moral code of conduct. It shouldn't matter if this is merely to do with their day-to-day industrial relations, ie how they treat their staff, or if it's in the kinds of business ventures they explore. In any civilised society businesses must recognise that what they do have human consequences which are not just measurable in fiscal statistics. Money isn't the only thing which is quantifiable: so too is human misery, just ask a holocaust survivor.

    Companies job is to make money, not to do good or evil, if doing good will help the company make or save money then they will do it
  91. The devil is in the details by SgtChaireBourne · · Score: 1
    No. I'd be taking away the ability of individual states to customize this particular facet of the law.
    That's probably the point of the proposal in the first place. It remains to be seen for whom the proposed changes are good for, but not having seen an analysis one way or the other, I'd guess it's not the average citizen who gains or even breaks even.
    --
    Beta is broken and the link to classic doesn't work. Stop wasting our time or there won't be anybody left here.
  92. Google Killer by mr_rizla · · Score: 1
    My thoughts are that the contents of this bill will have the under the carpet intention of screwing up Google's business model. Google is moving closer and closer to a web portal that makes its money providing everything you need with targeted advertising based on those needs.

    How would a privacy bill that restricts the kind of information companies are allowed to hold on their customers unless absolute explicit permission is granted?

    It might only be slightly more "for our benefit" then current laws, but it might not need tto be much to cause serious problems for Google.

  93. Microsoft versus Google by pdq332 · · Score: 1

    Shrewd, very shrewd. I believe Microsoft is trying to capitalize on the growing distrust of Google and what Google does with the information it gathers about people.

  94. government interactions by emagery · · Score: 1

    Well, don't let this go to your head... MS is also one of the primary lobbying factors behind a bill that looks to pass in the senate, which will import an extra 350,000 middle-class/tech foreign workers to further depress the wages of the american worker (and likely be utilized heavily by MS itself (otherwise why would they lobby for it?)). It's a really disgusting act both on their part and on that of the senate. The Byrd amendement to have that caveat withdrawn from the bill failed yesterday 14 to 85. With the middleclass and tech workforce already being gouged from both sides (decreasing benefits, fewer raises and increasing cost of living), how could we possibly need another few million low-wage foreign visa workers flooding this market? I seriously doubt that MS and other tech giants who would undoubtedly use this low wage influx would do the right thing and lower the prices of all their goods and utility charges... sigh.

  95. Re:Anyone else see this as an attempt to kill Goog by Don_dumb · · Score: 1

    It might be. But I think that Microsoft is working on much more simpler motives this time, all any large (or small) software company wants is to deal with one set of legal limitations. It is much easier to create software (online stuff mainly) that conforms with only one legal limit for an entire country than it is to create software that has to conform to 50 different and in many cases contradicary laws.
    So it would be as beneficial to Google as it would be for Microsoft.

    --
    If this were really happening, what would you think?
  96. Somebody pinch the submitter by SilverspurG · · Score: 2, Informative

    It is not the federal government's role to be in charge of everything. Really. It's not.

    Why isn't it the federal government's role to be in charge of everything? Because a top-heavy government with an all-encompassing federal overseer is called communism or socialism. We do not want that?

    Why don't we want that? If you don't know then you need to go back through the social studies and history courses from 1-12th grades.

    There were some very intelligent men who recognized that the absolute worst thing possible is to have a federal government which thinks that it is more sovereign than the collection of states beneath it. Those intelligent men wrote a Constitution, and in that Constitution they sealed it with 2 Amendments. Those Amendments are the 9th and the 10th, and they're supposed to be limiting the Federal Government.

    Keep the hodge-podge of state laws about privacy. If you hand it over to the feds it will become a single point of failure and will cost 10x as much.

    Likely Microsoft wants the Feds to preempt the whole system so they don't have so many state politicians to buy off.

    --
    fast as fast can be. you'll never catch me.
  97. Walmart and internet sales tax by Anonymous Coward · · Score: 0

    I remember reading several years ago, that Walmert or some other big retailer was lobbying for the repeal of law that exempted internet sales from state sales tax. The state sales tax exemption for sales made via the internet was a Good Thing for lots of small-time entrepreneurs setting up shop on the WWW because the cost and complexity of complying with sales tax collection, accounting, reporting and payment to all the various states was an overwhelming hurdle for the lone computer geek with the Next Big Thing idea that he could market nationally otherwise will little cost. Big, established companies have deep and wide benches of legal and accounting teams for whom dealing with the unique legal and tax-related entanglements of all the different jurisdictions is routine, every-day clercial work. So support of repealing the exemption was a monopoly protectionist tactic intended to raise the bar for market entry against upstart competitors. Seems like the lesson was lost on Big Bill.

  98. Microsoft violates privacy !! by Anonymous Coward · · Score: 0

    Here is an example. For others simply read the EULA's for MS products. Scarey.

    Microsoft's Free Web-based Virus Scanner Sends Data Back To Microsoft.
    http://informationweek.com/story/showArticle.jhtml ?articleID=173402277>

    "Windows Live Safety Center is a free site featuring tools including a virus scanner that by default sends data to Microsoft. Users can opt out of some of the data delivery, but not all of it. A blog has been set up to collect feedback. "

    "...By default, the virus scanner reports back to Microsoft with details of the machine, including the operating system (its product ID, among other things), installed drivers, and installed applications. Microsoft said that the collected data would be used to "help us improve scanner features and make better recommendations." The user can choose to not transmit some of this data by clearing a check box in the scanner window. "

  99. Why Federal and NOT State... by Karma_fucker_sucker · · Score: 1
    Folks, I worked in the insurance industry for a while and I can tell you that having Federal regulations is much harder for big corps to fight. That's right, HARDER.

    This insurnace company I worked for had this legal team that went from state to state fighting and usually sqashing laws and regulations that they didn't like. On the other hand, if it were Federal, the lobbying costs would be astronomical.You see, states, on an individual level, are much easier and cheaper to lobby. On a Federal level, not only do you have to deal with the Federal Gov. but also each state (via Senator) and any (powerful) special interest group there. On a state level, the special interest groups are a bit less powerful. There are exceptions of course: NRA and AOPA are two I can think of.

    So, when an industry whines about there being 50 different regulations, ignore them! They LOVE all of the different regulations. Believe me, if it were really bad for business, they could have it changed in a heart beat! Just keep an eye on the current talk on Capitol Hill about having the same regulations for all of the states regarding gasoline additives. Just watch....

    --
    Evil people don't think they're evil. - George Lucas, Making of Ep III
    1. Re:Why Federal and NOT State... by Anonymous Coward · · Score: 0

      It may be harder but it's not cost effective. We could make it just as difficult to circumvent for 1/10th the cost by keeping it at the state level.

      And it's unconsitutional for the federal government to involve itself in these matters. Read the 9th and 10th Amendments.

  100. The enemy of my enemy... by Anonymous Coward · · Score: 0

    Is still my enemy.

  101. Goes both ways by ShoobieRat · · Score: 1

    MS is a huge force behind things in this regard, considering the volume of companies who use their software to drive their content. So it's only logical that they eventually came into the game. The flip-side is that MS has the post-bill interest, in that if this goes through, they can capitalize on solutions to help people comply. To be honest, though, having MS get into this is pretty much only a step forward. You're already doing the work on the MS platform. Why not have it protect your work for you, too? People are worried about Google, but they're browsing Google on a MS platform. You worry about the source, not the minion playing on it.

  102. Jurisdiction and Extradition by E++99 · · Score: 1

    I don't think you're right -- if you go from the U.S. to Canada, commit murder, and return to the U.S., I'm pretty sure you cannot be prosecuted in the U.S. for murder. However, you can be prosecuted in Canada, and like any country with whom we have an extradition treaty, they can request your extradition, and the Feds will arrest you and ship you to Canada.

    However if you commit murder in the U.S. you can run to Europe and be safe, as they won't extradite you because they're a bunch of pansies who don't believe in capital punishment.

    1. Re:Jurisdiction and Extradition by Anonymous Coward · · Score: 0

      Actually, in most cases the relevant US authorities will offer an assurance not to seek the death penalty, and the European country will say "OK then".

  103. Singularity. . . by Fantastic+Lad · · Score: 1
    So MS wants a wide and varied landscape sucked in and compressed into uniformity and conformity with regard to its mind-laws?

    Wasn't Bill Gates invited to the Whitehouse a couple of years back to help the US Administration put together a digitally secure Homeland using his specially designed future products?

    Ugh. No thank you.


    -FL

  104. Their strategy with this one by jACL · · Score: 1

    1. Embrace privacy with a preemptive federal law
    2. Gut it with a concerted lobbyist effort
    3. DRM
    4. Profit!

    --
    "It remains to be seen if the human brain is powerful enough to solve the problems it has created." Dr. Richard Wallace
  105. Preemption by Anonymous Coward · · Score: 0

    Something else to think about is the possibility that once we have Federal body of law in this area, a state's own laws may be preempted. States who want more strict (or more loose) privacy laws in this area would be out of luck. I would imagine that Microsoft has more lobby-clout at the national level. Damn federalists ;)