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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!?"

31 of 274 comments (clear)

  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 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.

    2. 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".

      --
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    3. 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).

    4. 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.

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    5. 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.

    6. 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).

    7. 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.

    8. 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.

    9. 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!

    10. 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.
    11. 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.

    12. 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.
    13. 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
  2. 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.
  3. 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.

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    ~~~~~~~
    "You are not remembered for doing what is expected of you." - Atul Chitnis
  4. 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.

  5. 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.

  6. 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.

  7. 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.

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  8. 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.

    --
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  9. 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...

  10. 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!

  11. 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.

  12. 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]
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  13. 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
  14. 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.
  15. 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
  16. 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?
  17. 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?

    --
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    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.

      --
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