Technological
There are a number of ways to combat the cookie through technological advances in the browsers. For advanced users, there is a new Platform for Privacy Preferences Project (P3P) recently developed by the World Wide Web Consortium (W3). On June 21, 2000, certain major Internet companies offered a first look at this platform (W3C, 2000). Essentially this platform provides an industry standard and a simple automated way for users to gain more control over the use of personal information on Web sites. The platform is a standard- ized set of multiple-choice questions covering all major aspects of Web sites’
privacy policies. The browser will then take a snapshot of the information on the Web site and compare it to the users information on their computer to better inform the user of the site’s intentions. The industry is actively trying to find some sense of self-regulation through development of this technology.
Legal
Federal and state legislatures are currently working on a number of bills in an effort to solve the problem. The discussion of the issues that must be considered has not even been fully formulated. However, because of the public’s outcry for protection of privacy, the legislators move forward and instead generate piece-meal bills that are hard to pass and difficult to implement as law, not to mention the fact that they largely cater to special interest groups that sponsor the legislation. A solution through this channel will be cumbersome, expensive, slow to formulate and most likely be completely ineffective.
Self-Regulation
It may indeed take a very long time for the legislature to formulate an effective privacy strategy. Hence self-regulation by individuals using the Internet may be an option. Infringement of privacy could be avoided by considering the following suggestions (CDT, 2000a):
• Look for the privacy policies and Web assurance seals on the Web sites.
• Utilize a separate email account for personal email. It should not be the same as work email.
• Teach children that giving out personal information online is like talking to strangers.
• Clear your memory cache after browsing.
• Make sure that online forms are secure.
• Reject unnecessary cookies (place your browser on warn).
• Use anonymous re-mailers.
• Encrypt your email.
• Use anonymizers while browsing.
• Optout of third-party information sharing.
Of course, this does not mean that one would have all problems solved. Even Internet businesses should proactively consider the following issues, without totally excluding their ability to know who visits their sites:
• Sites should display privacy policies in conspicuous places and they should be stated simply.
• Give the user a choice by offering a clearly written, prominently displayed opt- out box, without any of the usual “trickery-type” language.
• Allow the user to inspect the recorded data at their whim to check for accuracy.
• Finally, enforcement is a must. Whether by a self-imposed monitoring authority joined by all Web sites or whether government imposed, there must be accountability for those that utilize deceptive practices and illegally track users.
CONCLUSION
Privacy on the Internet has emerged as a significant issue. Because of the technological advances, the issue of privacy goes beyond the relatively straight- forward issues of seeking consent and giving choice to opt in or opt out. This chapter has brought to the fore some of the privacy concerns related to Internet commerce as evidenced by the DoubleClick case. Clearly there are ethical issues related with the use of technology, and marketers in the information age need to give due consideration to various aspects of social responsibility. An ability to collect personal data and relate it to another piece of data collected with a different intent does not necessarily account for an ethical action. As has been suggested in this chapter, good laws coupled with technological means to forewarn consumers and uniform third-party assurances would go a long way in curbing the invasion of privacy in the information age.
ENDNOTE
1 United States Constitution; including case law: Katz v. U.S., Supreme Court (1967); Griswald v. Connecticut, Supreme Court (1965); Whalen v. Roe, Supreme Court (1977).
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