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.

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