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Do we need a law to protect consumers from having their browsing history used by Internet marketers?
Results so far:
| Yes | 91% | 396 votes | Total: 436 votes | |
| No | 9% | 40 votes |
Yes
by Rares Marian
Created on: April 02, 2011
While I am a firm believer in action over legislation, these are the Internets, however, and the question is framed in 20th century changelings' terms. This makes it somewhat more complicated to respond given the misaligned context. The Internet is a bit more slippery in behavior than the general business world. The two contexts not only do not mix, but if the Internet moved at the speed of politics (make up, lights, photo opportunity, power lunch, call mistress, news bite) it would choke. I tend to be anti-legislation (not anti-standards) because it tends to be a centralized, one-size fits all, budget inflating, bureaucratic disaster.
At the risk of seeming sneaky, I'm going to jump on the yes side. Definitely something must be done. I'm jumping in on the yes side because frankly the no side seems to really be the nada, zilch, zip, zero, move along nothing to see side. Since there isn't a more nuanced choice, I'll go for yes and spell out what it means. We could have a four way choice (law, defend, ignore, promote) or a choice of -10 to 10 or for that matter a system based on yes or no with tags for qualifying the yes or no response. Unfortunately, we don't.
Nonetheless, this is an issue. Tools are needed to prevent it and there are organizations aside from governments which can produce designs as well as ways for web users to protect themselves. This is why we have IETF, W3.org, and various other groups. I want to mention specifically that when the Internet was about to be turned into a glorified television network back in the late 90s, it wasn't a law that stopped that disaster. It was the people throwing a coordinated rage campaign over the then fledgling news outlets CNET, ZDNET, etc. Then Britney happened. People have for the last few years forgotten that we are the watchdogs not the media nor legislators.
So the answer is yes, but we are the enforcers. Blog about it. Talk to friends. Hold ISPs, websites, and browser makers responsible. A bunch of suits who still haven't repealed the odious DMCA are not going to understand this issue. The situation is fairly abstract. Marketing will always exist. Anyone taking a quick glance might think it's no big deal. However, there is are several issues to be considered. But marketing is a nailbiting venture. Most marketing data turns into money when it's sold.
A more marketing oriented web (more? is that even possible? yes!) would result in a significant change in the social character of the web. This is difficult to cast as a legal issue, but swiss cheese access to browsing habits can make it happen. So fight it. There is the fact that browsing history can also leak to third and fourth parties who purchase this information. Careless Facebook postings have led to break ins. If someone knew you looked up airlines the first Monday of every month, your house would be a target. But the key is more participation. Legislation is less participation. By being vigilant we can respond not only to the major cases that make it to the news (when it's too late to stop a trend), but we can have a community of web users who see the writing on the wall before any company actually treats your generated data as simply a string of monetizable bytes.
Yes, it's an issue. But forget Congress. Roll up your sleeves.
Learn more about this author, Rares Marian.
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No
by Dean Ralph
Created on: April 06, 2011
As unpopular as this may seem, I would have to say that there is no need for a law prohibiting Internet marketeers from using one's browsing history. At the same time I would say that there is already a law on the books that prohibits it. I know it sounds like a lot of double talk, but when it comes to the law, contrary to popular belief, it is rarely black and white.
Let's take a look at the statement concerning the law already being on the books first. It is called the 4th amendment to the Constitution of the United States. The right to privacy, unlawful search and seizure, what ever you would like to call it. People would like to think that what they do on the Internet is no ones business but their own. To a certain extent they would be absolutely correct. You have personal information on your computer that no one needs to have access to. Information such as your banking numbers, passwords for certain activities in relation to conducting business to keep competitors at bay, E-mail communication etc. All these things are legal and one should have the right to keep them private.
Why then, doesn't the 4th amendment cover your browsing histories as well then?
There could be a couple of different ways of looking at this as well as different ways around this by the marketeers. "Expectation of privacy" The courts have ruled that there is an expectation of privacy when one is using a computer at the workplace, therefore one would be led to believe that there would be the same if not more so at one's home or on one's personal computer. The courts have also ruled that there is no longer a reasonable expectation of privacy once communications have been sent to a third party. I know what you are thinking. "If the marketeers weren't allowed access to my browsing history then there wouldn't be any third party involved." True. That is where the consent exception comes in to play. Read the fine print of your browser's user agreement. When you agree to use the browser you also agree to let the browser share that information with third parties. So in essence you have given up all expectations of privacy and allowed the browser to sell your history to the marketeers.
There still is no real need to have the Government pass a law prohibiting the use of your browser history. There are three simple reasons for this. First, if you are not doing anything illegal, you have nothing to hide. Second, there are spam filters and pop up blockers out there to significantly reduce the number of annoying little marketing attempts that you subject yourself to. Last and probably the most likely reason that the law is not needed, it wouldn't work. The browser companies already have your permission to use your browsing history. If you refuse to allow them to use it then they will refuse to allow you to use their browser, it is as simple as that. They make a lot of money allowing these marketing companies access, money I am sure they would be willing to spend part of on lobbying Congress to not pass the law in the first place.
Learn more about this author, Dean Ralph.
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