Privacy Threats of Internet Behavioral Tracking
Large Advertisers Can Now Collect and Sell Personal Browsing Data
Sep 7, 2009
The U.S. House of Representatives Committee on Energy and Commerce has been asked to study and control the use of behavioral tracking programs on the Internet. It's been a hot topic in Congress for a year and may remain so for months or years.
The request was submitted to the committee by a coalition of 10 consumer and Internet rights groups who say the Internet tracking violates privacy rights.
In its letter to the committee, the coalition said large advertisers today can collect, compile and secretly sell information about consumer browsing habits and are doing it “without reasonable safeguards” for the public. They said the companies use the data to create personal profiles based on what websites people visit.
Invasion of Privacy?
"Tracking people’s every move online is an invasion of privacy,” the Electronic Frontier Foundation (EFF) said. “It’s like being followed by an invisible stalker – individuals aren’t aware that it’s happening, who is tracking them, and how the information will be used.
“They’re not asked for their consent and have no meaningful control over the collection and use of their information, often by third-parties with which they have no relationships," the coalition added.
The group asked the committee to consider legislation which would prohibit:
- The collection of “sensitive information” for behavioral tracking and targeting;
- Websites and ad networks from using data more than 24 hours without consumer approval;
- The use of collected Internet data “to affect credit, employment, or insurance.”
Progress & Freedom Foundation Responds
The Progress & Freedom Foundation (PFF) has fought back fiercely. PFF Senior Fellow Berin Szoka called the coalition “anti-consumer elitists” and said “they presume that consumers are too stupid or lazy to make their own decisions about privacy.”
Szoka said the coalition members “ignore the benefits” of behavioral tracking, which he identified as “more relevant advertising plus more and better content.”
"Only personalized advertising can sustain publishers through the Digital Revolution," he said.
Szoka added that the privacy coalition has not demonstrated sufficient consumer harm to justify its proposed regulations and that “policymakers should focus on educating consumers and empowering them by promoting development of better privacy management tools.”
Advertiser Self-Regulation Not Enough?
EFF said “self-regulation by advertisers is not enough” to protect consumers. Rebecca Jeschke wrote in an EFF blog that “another reason to be concerned about behavioral tracking is the threat of inappropriate data collection by the government, which often gets private information about ordinary citizens from private companies.”
PFF and EFF represent two advocacy groups that could not be much more different in purpose and leadership.
The Progress & Freedom Foundation identifies itself as “a market-oriented think tank that studies the digital revolution and its implications for public policy.” It was founded in 1993. At least five of its eight members served in the Reagan Administration.
Electronic Frontier Foundation
The Electronic Frontier Foundation was founded in 1990 following a series of U.S. Secret Service raids tracking the distribution of a document illegally copied from a Bell South computer. Its 10-member board includes educators, technology entrepreneurs, writers and Internet pioneers. It includes a self-described “leader in the free culture movement” and a "civil libertarian."
The House Committee on Energy and Commerce, which is likely to handle any Internet privacy legislation, is headed by Rep. Henry A. Waxman, D-California. No action had been taken by September 2009. It is likely to be a continuing battle that will straddle changing Congressional leadership.
Reference: "Privacy advocates want regulation of behavioral advertising," by Ryan Paul, ARS technica, 9.3.09
See also: FTC Might Investigate Bloggers for Graft
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