http://www.nytimes.com/2011/03/19/opinion/19sat2.html
The New York Times
March 18, 2011
A New Internet Privacy Law?
Considering how much information we entrust to the Internet every
day, it is hard to believe there is no general law to protect
people’s privacy online. Companies harvest data about people as they
surf the Net, assemble it into detailed profiles and sell it to
advertisers or others without ever asking permission.
So it is good to see a groundswell of support emerging for minimum
standards of privacy, online and off. This week, the Obama
administration called for legislation to protect consumers’ privacy.
In the Senate, John Kerry is trying to draft a privacy bill of
rights with the across-the-aisle support of John McCain.
Microsoft, which runs one of the biggest Internet advertising
networks, said it supports a broad-based privacy law. It has just
introduced a version of its Explorer browser that allows surfers to
block some tools advertisers use to track consumers’ activities
online.
It is crucial that lawmakers get this right. There is strong
pressure from the advertising industry to water down rules aimed at
limiting the data companies can collect and what they can do with
it.
Most oppose a sensible proposal by the Federal Trade Commission for
a do-not-track option — likely embedded in Web browsers. They have
proposed self-regulation instead, and we applaud their desire to do
that, but the zeal to self-regulate tends to wane when it is not
backed by government rules and enforcement.
Senator Kerry has not yet proposed specific legislation, but he has
laid out sound principles. Companies that track people’s activities
online must obtain people’s consent first. They must specify what
data they are collecting and how they will use it. They need
consumers’ go-ahead to use data for any new purpose. They are
responsible for the data’s integrity. And consumers should have the
right to sever their relationship with data collectors and ask for
their file to be deleted.
But there are potential areas of concern. Senator Kerry so far has
not called for a do-not-track option. He would allow companies to
write their own privacy plans and submit them to the F.T.C. for
approval.
That would give companies flexibility to adapt their solutions as
technology evolved, but it lacks the simplicity and universality of
a do-not-track feature. It could yield a dizzying array of solutions
that would confuse consumers about their rights and options and make
it more difficult to enforce clear standards. Moreover, it would
make it tougher for consumers to keep track of how their information
is used and to whom it is sold.
Advertising firms still argue that privacy protections could
undermine the free Internet, depriving it of ad revenue by reducing
advertisers’ ability to target consumers. This is overstated.
Advertisers will still need to advertise. If many people opt out of
behavioral targeting, the firms will find other ways to do it.
Privacy protections are long overdue. We hope the swell of support
will lead to significant legislation.