Archive for the ‘Privacy’ Category

Press Round-Up: UC Berkeley Conference Regarding Google Book Search Settlement

Friday, August 28th, 2009

UPDATE: We’ve learned that the video of today’s conference will be online in the next week or two. It will be linked on the conference homepage.

Much more material here including tweets, live blogging, recent interviews with Peter Brantley and Dan Clancy, and news of another upcoming Google Book Search event (free).

More stories as they are filed.

+ Google Book Search – Is it The Last Library? (The Register)

With its Book Rights Registry, the settlement also gives third parties the opportunity to negotiate access to the books whose rights holders have indeed come forward – and given their approval. But Google will still control the scanning and the cataloging of the books, and [Geoff] Nunberg questions whether the company is prepared to get things right. He spent a good 20 minutes questioning the quality of Google’s scans and metatagging, pointing out error after error in its catalog – from books on Jimi Hendrix dated before his birth to a book on copyright categorized under drama.

“I wonder if this is Google’s idea of a joke,” he said, referring to that last snafu.

Predictably, Google Book Search engineering lead Dan Clancy (PDF) takes issue with The Last Library characterization. He acknowledges that some of the works Google has scanned will never be scanned again. But he’s adamant that although Google has a 10-million-book head start – and a monopoly-building boondoggle of a settlement with authors and publishers – others will compete.

+ Sigmund Freud Is A Tech Writer! (via Forbes)
A look at some metadata and other issues Geoff Nunberg mentions in the previous post.

UPDATE: 9/3/2009: PowerPoint slides used by Geoff Nunberg at Berkeley conference. More from Nunberg at the bottom of this post.

+ Internet Archive stares down Google book mine (The Register)

As part of his ongoing campaign against Google’s $125m book-scanning pact, the Internet Archive’s Peter Brantley has warned that even if authors opt-out of Google’s Book Search service, the web giant will still have the power to mine their book data for use in other services.

“There is value in the comprehensiveness [of Google's digital collection of books]. It’s something we need to think about, that scholars and researchers need to think about: whether or not they want to entrust this single comprehensive collection to a single corporate entity,” Brantley said Friday during a conference dedicated to the Google Book Settlement at the University of California, Berkeley. As part of his ongoing campaign against Google’s $125m book-scanning pact, the Internet Archive’s Peter Brantley has warned that even if authors opt-out of Google’s Book Search service, the web giant will still have the power to mine their book data for use in other services.

“There is value in the comprehensiveness [of Google's digital collection of books]. It’s something we need to think about, that scholars and researchers need to think about: whether or not they want to entrust this single comprehensive collection to a single corporate entity,” Brantley said Friday during a conference dedicated to the Google Book Settlement at the University of California, Berkeley.

Commentary by Quentin Hardy: How Google Is Leveraging Our Culture (Forbes)

Books were always objects of conveyance for chunks of that knowledge; market forces and copyright law alone have made them the markers of value. Now collective linking can be in one thing, and it can reside in Google’s corpus with access granted to “approved” researchers. It would be closed off to Google’s competitors, however, or others hoping to make an independent business from Google’s digitization.

In other words: On behalf of Western Civilization, Google, you’re welcome.

“We have grown to know books as discrete objects,” says Peter Brantley, an official with the Internet Archive. In an age when books exist both as individual works and one element in an overall mine of data, he notes, “our notion of books is changing.”

Dan Clancy, engineering director for Google Book Search, says Google has no objection to “non-consumptive research”–looking at bits and links in the corpus–but only by researchers. Even as Google presses for a final legal judgment that will grant it power of this corpus, he adds, “we still don’t understand all the ramifications.”

+ Internet Archive Director: Don’t Jump at the Google Books Settlement (Bay Newser)

Researchers shouldn’t jump at the Google Books Settlement, just because it offers unprecedented access to a vast trove of books, Peter Brantley, director of access of the Internet Archive and organizer of a coalition that includes Microsoft, Yahoo, and Amazon to share resources to oppose the settlement.

+ Google Book Search Settlement Plan Questioned (via SF Chronicle)

Peter Brantley, director of access at the Internet Archive, argued the settlement gives Google a de facto monopoly over these materials, granting the company unchecked control over pricing that could raise costs for public universities like UC Berkeley, which hosted the panel discussions.

“We don’t have to grab the cookie offered to us before dinner,” he said in reference to the settlement. “We can think about other ways of opening up this data as a society.”

[Snip]

Dan Clancy, engineering director of Google Book Search, said the constraints of class-action law prevented the company from extending licenses to these works to third parties. But he said Google is an advocate of legislation that would allow other companies to commercialize access to orphaned works in the near future.

+ Privacy Missing From Google Books Settlement (IDG News Service via NY Times)

But now, as more and more titles become available in Google Book Search, it’s not clear whether digital readers will enjoy the same privacy protections they have at the library. “Which way are we going to go?” said Michael Zimmer, a professor from the University of Wisconsin at Milwaukee. “Is this service going to be an extension of the library, or an extension of Web searching?”

Zimmer spoke at a panel discussion at the University of California, Berkeley, on Friday. He was one of several panelists who called on Google to make a stronger privacy commitment as it develops the Google Books service.

+ Google Book Search settlement plan questioned (via SF Chronicle)

Angela Maycock of the American Library Association said a person’s ability to freely select reading materials and research topics requires an expectation of confidentiality.

“The settlement as it exists now is absolutely silent on user privacy,” she said. “We see statements about the importance of privacy, but they’re informal statements, and we need to make sure those informal statements and assurances get codified into policy.”

+ Why It’s So Hard to Get a Handle on the Google Books Settlement and Figure Out If Google’s Doing Right By You (via Bay Newser)

Paul Duguid, an adjunct professor at the UC Berkeley School of Information and a research fellow at Queen Mary, University of London, made that point today:

I find the Google project to be one of the most remarkably chameleon affairs I’ve come across. Sometimes it seems to claim—or people claim for it—that it’s a library. That brings with it a great deal of our warm feelings toward libraries. But when you look at it and say, “Will you behave [like a library]?”, they suddenly say, “Well we’re not really a library. You can’t think we’re a library.” And then they become a commercial database. Or they become a bookstore. And that’s their interest. Or they become some kind of general philanthropic trust concern, but then they’ll move back from that again once more and become cold-headed business people….

I think there are times when we need to put Google’s feet to the fire and say, “Well, what are you trying to do?”

+ The Single Best Question Asked at the Google Books Settlement Conference (via Bay Newser)

At today’s conference, which examined myriad aspects of the settlement, Louis Trager, a reporter for Warren Communications News’ Washington Internet Daily, asked the million-dollar question:

When you look at this in relation to peer-to-peer [file sharing], what is the lesson for the kids about who does and doesn’t get away with the “copy first and answer questions later” policy?

+ More questions than answers on Google Books (via News.com)

Google’s Dan Clancy had patiently answered question after question regarding Google’s’ Book Search settlement with publishers and authors until late in the afternoon Friday, when he was finally left speechless.

A young man from the University of California at Berkeley’s School of Information asked Clancy what kind of message was sent when Google decided to “copy first and answer questions later.” The question–for which there’s no safe answer, if you’re in Clancy’s shoes–perhaps underscored the core of the opposition to the settlement, reached in October, after Google was sued in 2005 for scanning out-of-print works without explicit permission.

+ UC Berkeley Librarian Wants Google Books to Nail Down Privacy Commitments (via Bay Newser)

The University Librarian of the University of California at Berkeley says he believes Google when it says the Google Books product will protect users’ privacy, especially in light of other privacy policies Google already has, “but I would like to believe them more.”

“What we all need is for Google to move forward in articulating and finding new narratives to reassure” those who have concerns about the privacy implications of the Google Books service, said Tom Leonard, pointing to the Center for Democracy and Technology’s proposed privacy recommendations (PDF) as a possible plan.

Note:
+ Google’s plan for biggest online library: philanthropy or piracy? (via The Guardian)
Note: Although this article does not directly discuss the conversation at Friday’s conference, we thought it was worthwhile to include in this roundup.

UPDATE: 8/29: Google Books: A Metadata Train Wreck (via Language Log)

UPDATE: 9/3: Google’s Book Search: A Disaster for Scholars (via Chronicle of Higher Education (via TeleRead)

See Also: Google, “The Last Library,” and Millions of Metadata Mistakes (via LJ)
Jon Orwant from Google responds to the articles listed above.

Librarians apply scrutiny to Google Books at Berkeley Conference

Thursday, August 27th, 2009

From the Article:

If you’re in the Bay Area and you want a full day of wonky debate, check out UC Berkeley’s Google Books Conference. It features panels on how the Google Books settlement affect data mining, privacy, information quality and public access.

The conference comes hard on the heels of the formation of the Open Book Alliance, an organization driven by the Internet Archive and including Amazon, Yahoo and Microsoft, as well as library and small publishing groups among its members. Most of the speakers are opposed to the deal but Google’s Tom Clancy will be there to make the company’s argument.

[Snip]

[Our emphasis]

But if Google is the last library, as Berkeley linguist Geoff Nunberg says, it’s a pretty bad one. That means serious library science must be applied to the online collection before we should outsource the history of human (or at least Western) knowledge to Google:

Google Book Search is almost laughably unusable for serious research, UC Berkeley’s Nunberg said. For example, he pointed out that the Charles Dickens classic “A Tale of Two Cities” is listed in Google Book Search as having been published in 1800; Dickens was born in 1812.

Here’s the complete program for August 28, 2009 Conference

Source: ZDNet

UPDATE:

Following the conference, video of the sessions will be available online, for those who were unable to attend.

See Also: EDUCAUSE LIVE: The Google Book Scanning Project: Issues and Updates
Free. Registration required. This event is scheduled for September 2, 2009.

UPDATE: Sony and Amazon to Face Off Over Google Books Deal
This article from August 28, 2009 in The New York Times.

Online social networks leak personal information to tracking sites, new study shows

Monday, August 24th, 2009

From the News Release:

More than a half billion people use online social networks, posting vast amounts of information about themselves to share with online friends and colleagues. A new study co-authored by a researcher at Worcester Polytechnic Institute (WPI) has found that the practices of many popular social networking sites typically make that personal information available to companies that track Web users’ browsing habits and allow them to link anonymous browsing habits to specific people. The study, presented recently in Barcelona at the Workshop on Online Social Networks, part of the annual conference of the Association for Computing Machinery’s Special Interest Group on Data Communications, is the first to describe a mechanism that tracking sites could use to directly link browsing habits to specific individuals.

“When you sign up with a social networking site, you are assigned a unique identifier,” says Craig Wills, professor of computer science at WPI, who conducted the study with an industry colleague. “This is a string of numbers or characters that points to your profile. We found that when social networking sites pass information to tracking sites about your activities, they often include this unique identifier. So now a tracking site not only has a profile of your Web browsing activities, it can link that profile to the personal information you post on the social networking site. Now your browsing profile is not just of somebody, it is of you.”

See Also: Read the Complete Study (PDF)

Source: EurekAlert

University of Vermont Researcher Studies Internet Privacy

Sunday, August 23rd, 2009

From the Article:

When a student clicks on a commonly used research Web site such as JSTOR, FirstSearch or WilsonWeb — and they do it as routinely as earlier generations picked up the Reader’s Guide to find magazine articles — they are increasingly under surveillance.

Magi, [also a research librarian] who researched the issue over the past year, found that many library database “vendors” are evolving in the Web 2.0 social networking milieu of Facebook and My Space by offering personalized features that capture student research patterns or browsing results. That information, which over time can amount to a personal dossier, has commercial value.

Magi’s findings will appear in College and Research Libraries, a professional journal. She has won national awards for publicizing the dangers to library patrons of the 2001 Patriot Act, which allowed federal agents, acting on no more than a hunch, to scrutinize borrowing records looking for suspicious interests and forbade librarians from alerting the targets.

Source: Burlington FreePress

Why Your Web Site’s Privacy Policy Matters More Than You Think

Sunday, August 16th, 2009

Why Your Web Site’s Privacy Policy Matters More Than You Think

One of the biggest concerns among visitors to Web sites is how their personal information is going to be used. This isn’t a new development; back in March of 2000, BusinessWeek did a cover story on Internet privacy, including a survey showing that the vast majority of users were either very or somewhat concerned about how their information would be used. The same cover story discussed how best to inform and reassure users. (You can see other such surveys, dating back to 1997, here.)

Unfortunately, while the number of businesses with Web sites has continued to expand, as has the sites’ sophistication, the level of disclosure of data practices has not significantly improved. True, most Web sites (especially business ones) have posted “privacy policies,” but too many simply copy language they’ve found on other Web sites. The problem? The borrowed language may describe the practices of the other site, but may not be correct when it comes to the new site using the policy, and when it comes to privacy policies, inaccuracy can be expensive.

Source: BusinessWeek

Hat tip: PW

Privacy — Persistent Cookies on Federal Websites

Friday, August 14th, 2009

On Cookies

Over the past two weeks [Note the "See Also" Link Below], during the public comment period on OMB’s cookie policy, we have received significant feedback and suggested revisions to the current policy. These comments reflect individual opinions on all sides of the issue.

Our main goal in revisiting the ban on using persistent cookies on Federal websites is to bring the federal government into the 21st century. Consistent with this Administration’s commitment to making government more open and participatory, we want federal agencies to be able to provide the same user- friendly, dynamic, and citizen-centric websites that people have grown accustomed to using when they shop or get news online or communicate through social media networks, while also protecting people’s privacy.

This privacy issue has recently received some attention in the media. We want to make it clear that the current policy on Federal agencies’ use of cookies has not changed. Moreover, the policy won’t change until we’ve read the public comments that have been submitted to ensure that we’re considering all sides of the issue and are addressing privacy concerns appropriately.

Source: White House Blog

See Also: Flash: The Non-Traditional Cookie (First Posted 8/12/2009)
A very interersting read about a type of cookie most people don’t know about.

Flash: The Non-Traditional Cookie

Wednesday, August 12th, 2009

From the Article:

More than half of the internet’s top websites use a little known capability of Adobe’s Flash plugin to track users and store information about them, but only four of them mention the so-called Flash Cookies in their privacy policies, UC Berkeley researchers reported Monday.

Unlike traditional browser cookies, Flash cookies are relatively unknown to web users, and they are not controlled through the cookie privacy controls in a browser. That means even if a user thinks they have cleared their computer of tracking objects, they most likely have not.

Read the Complete Report: Flash Cookies and Privacy (8 pages; PDF) (via SSRN)

Source: Wired

And You Thought a Prescription Was Private

Sunday, August 9th, 2009

And You Thought a Prescription Was Private

(P)rescriptions, and all the information on them — including not only the name and dosage of the drug and the name and address of the doctor, but also the patient’s address and Social Security number — are a commodity bought and sold in a murky marketplace, often without the patients’ knowledge or permission.

That may change if some little-noted protections from the Obama administration are strictly enforced. The federal stimulus law enacted in February prohibits in most cases the sale of personal health information, with a few exceptions for research and public health measures like tracking flu epidemics. It also tightens rules for telling patients when hackers or health care workers have stolen their Social Security numbers or medical information, as happened to Britney Spears, Maria Shriver and Farrah Fawcett before she died in June.

“The new rules will plug some gaping holes in our federal health privacy laws,” said Deven McGraw, a health privacy expert at the nonprofit Center for Democracy and Technology in Washington. “For the first time, pharmacy benefit managers that handle most prescriptions and banks and contractors that process millions of medical claims will be held accountable for complying with federal privacy and security rules.”

Source: New York Times

Resource of the Week: Report — How to Read a Privacy Policy

Monday, July 27th, 2009

Resource of the Week: Report — How to Read a Privacy Policy
By Shirl Kennedy, Senior Editor

While we usually post reports on our sister site, DocuTicker, we wanted to make sure this one was seen by as many folks as possible. This report — from The Common Data Project, a nonprofit based in NYC — analyzes the privacy policies of 10 major websites, as well as several start-ups. According to a press release (PDF; 78 KB):

Unlike existing privacy policy analysis, CDP’s report seeks to provide a “how to read” guide for the user who is curious about what is happening to his or her data online, but has little understanding of the technological and legal mechanisms at work.

The report walks through seven questions meant to pinpoint the issues CDP believes are most crucial for a user’s privacy, from questions on how “personal information” is defined to the kind of choices offered to users regarding how their information is shared.

You need to read this because you use most or all of these websites — some of them on a daily basis — Google, Yahoo!, Wikipedia, Microsoft, AOL, Amazon, eBay, Facebook, Craigslist, Photobucket, NYT, WebMD, Ask, Cuil, and Ixquick. The seven questions CDP asked of each of these?

  1. What data collection is happening that is not covered by the privacy policy?
  2. How do they define “personal information”?
  3. What promises are being made about sharing information with third parties?
  4. What is their data retention policy and what does it say about their commitment to privacy?
  5. What privacy choices do they offer to the user?
  6. What input do users have into changes to the policy’s terms?
  7. To what extent does they share the data they collect with users and the public?

The report is based around an ongoing series of posts on CDP’s My Place in the Crowd weblog. On one of these is an intriguing visual of how the various privacy policies “stack up next to each other, literally,” in terms of their length.

privacy policies compared

Some interesting tidbits from the report:

  • “Companies rarely vouch for what these third party advertisers are doing. Some companies, such as AOL, Microsoft, Yahoo, Facebook, Amazon, and the New York Times Digital, will at least explicitly acknowledge there are third parties that use cookies on their sites with their own policies around data collection…. Google, in contrast, doesn’t mention third party advertisers on the “privacy policy,” alluding to the separate controls for opting out of their tracking on a separate page discussing advertising and privacy.”
  • “Researchers at the University of Texas in recent years have demonstrated that it is possible to de-anonymize through combination, as when Netflix data is combined with IMDB ratings, or when Twitter is combined with Flickr. So when companies offhandedly note that they are combining information they collect from different sources, they are learning a great deal more about individual people than the average user would imagine. And as you might imagine, large companies like Microsoft, Google, and Yahoo! have a wealth of databases at their disposal, but none of this is being made explicit in the policies.”
  • “For example, Google promises not to share “sensitive personal information,” defining it as “information we know to be related to confidential medical information, racial or ethnic origins, political or religious beliefs or sexuality and tied to personal information.” Does that mean that a user’s search queries for B-list celebrities are fair game to Google? Given the varying definitions of “personal” that are used, the strong declaration that “personal information” will generally not be shared is not, ultimately, a very comforting one.”
  • “Certainly, the volume and breadth of data Amazon collects pales in comparison to what Google has access to, and some might argue that search queries are more “private” than what books one chooses to buy. But most people still probably wouldn’t want their purchase histories on Amazon to be revealed willy-nilly. Every item view shows what others have considered buying, what others have ended up buying, what else you might like. In contrast, Google, Yahoo!, and Microsoft have yet to vividly demonstrate why collecting and retaining data makes their services better. Perhaps if they did, they would be less hard-pressed to delete their data as soon as possible.”
  • “AskNetwork developed AskEraser to be a more visible way for users to use Ask.com without being tracked, but as privacy advocates noted, AskEraser requires that a cookie be downloaded, when many people who care about privacy periodically clear their cookies. AskEraser also doesn’t affect data collection by third parties on its site at all.”
  • “Facebook can’t offer the service that it does without the content generated by its users. But as it’s begun to realize, its users then have to be a part of decisions about the way that content is used.”
  • In some ways, consumers are starting to already feel that they’ve gotten a bad deal. Even though most only feel a vague discomfort at this point, it’s unlikely that companies like RealAge will be able to continue what they’ve been doing. RealAge promoted itself as a simple online quiz to help people be healthier, with endorsements by famous doctors, with only limited disclosure of the fact that their profits were based on selling quiz-takers’ information to pharmaceutical companies.

All in all, CDP, concludes:

By our standards, none of the privacy policies we surveyed quite measure up. Most of them provide incomplete information on what “personal information” means. Many of them fail to make clear that they are actively sharing information with third-parties. Even when they change their policies on something like data retention to placate privacy advocates, the changes do little to provide real privacy. The legal right companies reserve to change their policies at any time reminds us that right now, the balance of power is clearly in their favor. When they do offer users choices, the choices fail to encompass all the ways online data collection implicates users’ privacy.

And yet, CDP adds, “there are many positive signs of companies making smart moves, because they’re realizing they need buy-in from their users to survive in the long-term.”

If you prefer, you can read or download the full report as a PDF (165 KB).

The ReadWrite Enterprise blog discusses the report.

+ Privacychoice LLC recently evaluated the privacy policies of the top ten advertising networks.

+ In 2007, Privacy International issued a report — A Race to the Bottom:
Privacy Ranking of Internet Service Companies
— that described the privacy practices of major Internet companies.

+ Know Privacy — “a collaborative research project” by several graduates of the UC Berkeley School of Information Masters program, class of 2009 — offers “(a) comparison of users’ expectations of privacy online and the data collection practices of website operators.”

OMB — Cookies Anyone? The http kind, that is

Sunday, July 26th, 2009

Cookies Anyone? The http kind, that is

Nine years ago — a lifetime in Internet time — the Office of Management and Budget (OMB) issued a policy commonly referred to as “the cookies policy. ” This policy prohibited federal agencies from using certain web-tracking technologies, primarily persistent cookies, unless the agency head provided a waiver. This may sound like arcane, boring policy – but it is really important in the online world.

As Executive Sponsor of the Federal Web Managers Council and Director of USA.gov, I know the importance of this policy issue in serving the public. The “cookie policy” has been the topic of frequent discussion among federal web managers over the years as we strive to provide the best customer service online while protecting individual privacy. We want to use cookies for good, not evil. As part of the Obama Administration’s efforts to create a more open and innovative government, OMB wants public input to determine how to best update the cookie policy to meet these goals.

Let your voices be heard. Get more background on cookies, the policy, and the new framework OMB is considering and visit the OSTP blog where you can comment. Help us help you.

Source: White House Blog

You Need an Online Estate Plan

Sunday, July 19th, 2009

You Need an Online Estate Plan

If you’re smart about your online life, you’ve created strong and varied passwords for all your accounts. You change those passwords often. And you never write them down or share them with anyone.

That’s all well and good while you’re alive. But your admirable devotion to protecting sensitive personal data can wreak havoc for your heirs after you die.

With an increasing portion of our personal lives stored online in password-restricted accounts — including bank accounts, automatic bill-pay arrangements, personal messages and even items with small monetary but major sentimental value, such as photos — piecing together an estate after a death can cause major headaches.

Source: Wall Street Journal

Webcast: The Future of Reputation: Gossip, Rumor, and Privacy on the Internet

Friday, July 17th, 2009

From the Summary:

In a world where anybody can publish her thoughts to a world-wide audience, how should we balance privacy and free speech? How should the law protect people when harmful gossip and rumors are spread about them on the Internet?

This video program was recorded on June 25, 2009 and runs about 38 minutes.

Source: Oxford [University] Internet Institute

The Pacific Research Institute Releases Primer on Internet Privacy

Wednesday, July 8th, 2009

The Pacific Research Institute Releases Primer on Internet Privacy

The Pacific Research Institute (PRI) announced today the release of a new report on Internet privacy and security. Click Confidential: A Privacy Primer for the Social Web, authored by Daniel Ballon, Ph.D., PRI senior fellow in technology studies, outlines the detrimental affects of government regulated privacy policy on emerging online businesses. He also provides effective strategies for empowering consumers while promoting choice and competition.

+ Full Document (PDF; 8.2 MB)

Source: Pacific Research Institute

Is data safe at UF?

Monday, July 6th, 2009

Is data safe at UF?

Even for a place where personal information is under siege, the case of Brandy Combs is unusual.

University of Florida police allege Combs stole a university librarian’s personal information to fraudulently obtain more than $31,000 in student loans and took a student’s information to get a false student identification. He was arrested on May 20 on charges of fraud and passing false checks.

While the details of the case were unusual, having a breach of private information at UF was not. The university experienced more than 130 confirmed privacy breaches in 2008, compromising the information of about 358,000 individuals, according to the UF Privacy Office.

Source: Gainesville Sun

Wife blows MI6 chief’s cover on Facebook

Monday, July 6th, 2009

Wife blows MI6 chief’s cover on Facebook

The wife of the new head of MI6 has caused a major security breach and left his family exposed after publishing photographs and personal details on Facebook.

Sir John Sawers is due to take over as chief of the Secret Intelligence Service in November, putting him in charge of all of Britain’s spying operations abroad.

But entries by his wife Shelley on the social networking site have exposed potentially compromising details about where they live and work, their friends’ identities and where they spend their holidays. On the day her husband was appointed she congratulated him on the site using his codename “C”.

Lady Sawers had put virtually no privacy protection on her account, making it visible to any of the site’s 200m users around the world who choose to be in the open-access London social network on Facebook.

Source: Times Online

News Websites in Texas and Kentucky Invoke Shield Laws for Online Commenters

Sunday, July 5th, 2009

News Websites in Texas and Kentucky Invoke Shield Laws for Online Commenters

This week brings word of two new cases testing whether state shield laws apply to user comments posted on news websites. In Texas, a Taylor County District Court judge ruled that the Abilene Reporter-News may refrain from disclosing the identities of commenters who posted comments to articles about a murder victim and the teenager charged in connection with his death. According to a follow-up story by the Reporter-News, defense counsel in the criminal case had sought the commenters’ identities to make sure they weren’t chosen as jurors in the trial, which began last week.

Details of the Texas court’s decision are sketchy, but reports indicate that the Reporter-News invoked Texas’s newly minted shield law, as well as the commenters’ First Amendment rights to speak anonymously. The new Texas shield law expressly covers Internet news media and grants protection for both the identity of sources and unpublished materials obtained or prepared while acting as a journalist. See Tex. Civ. Prac. & Rem. Code §§ 22.021, -.023; Tex. Crim. Proc. Code § 38.11, Sec. 3(a)(1)-(2). (For more details on the Texas shield law, see RCFP’s informative post.) When we get a hold of a transcript of the court’s ruling, it will be interesting to see whether the court characterized the website commenters as “sources” and, if so, how the court justified this characterization.

In Kentucky, a college student filed a John Doe lawsuit and subpoenaed The Richmond Register, seeking the identity of a commenter going by “12bme,” who posted a comment on a forum linked to an August 12, 2008 story on the newspaper’s website. The news story reported on the college student’s ejection from a local mall for wearing a dress — which she had purchased there — that mall security deemed too short. According to the Louisville Courier-Journal, 12bme’s comment claimed that the student actually was removed because she “had exposed herself to a woman and her children who remarked on the dress.” The student maintains that this comment was false and defamatory and seeks 12bme’s identity in order to proceed with her lawsuit.

Source: Citizen Media Law Project

Medical Problems Could Include Identity Theft

Saturday, June 13th, 2009

Medical Problems Could Include Identity Theft

The last time federal data on the crime was collected, for a 2007 report, more than 250,000 Americans a year were victims of medical identity theft. That number has almost certainly increased since then, because of the increased use of electronic medical records systems built without extensive safeguards, said Pam Dixon, executive director of the nonprofit World Privacy Forum and author of a report on medical identity theft.

And uncountable, Ms. Dixon said, are the people who do not yet know they are victims. They may not know that their medical information has been tampered with for months or even years….

Source: New York Times

The Current State of Web Privacy, Data Collection, and Information Sharing

Tuesday, June 2nd, 2009

From the KnowPrivacy Web Site:

Key Findings
+ Users are concerned about data collection online and want greater control over their personal information.

+ Users lack awareness of some data collection practices.

+ Users don’t know who to complain to.

Direct to Complete Report

Source: KnowPrivacy

See Also: The NY Times Summarizes the Report

Review of the European Data Protection Directive

Tuesday, May 12th, 2009

Review of the European Data Protection Directive

The Information Commissioner’s Office (ICO) asked a multidisciplinary international research team led by RAND Europe with time-lex and GNKS-Consult to review the strengths and weaknesses of the European Data Protection Directive 95/46/EC and propose avenues for improvement.

The Directive can be regarded as a unique legal instrument in how it supports the exercise of a right to privacy and rules for personal data protection. Its principles are regarded in many quarters as a gold standard or reference model for personal data protection in Europe and beyond. However, the Directive must remain valid in the face of new challenges, including globalisation, the ongoing march of technological capability and the changing ways that personal data is used. Although the flexibility of the Directive helps it to remain current, its effectiveness is undermined by the complexity of the cultural and national differences across which it must operate.

In order to understand the strengths and weaknesses of the Directive and to suggest ways in which European data protection arrangements may remain fit for purpose, the study team reviewed the relevant literature, conducted 50 interviews with privacy practitioners and regulators, experts and academics, and ran a scenario-based workshop to explore and evaluate potential avenues for improvement.

The ideas presented here provide some food for thought on how to improve the data protection regime for citizens living in European countries and are intended to spark debate and interaction between policy-makers, industry and experts. Such a review cannot claim to be the last word.

+ Summary (PDF; 200 KB)
+ Full Document (PDF; 700 KB)

Source: RAND Corporation

CDT Recommends Standards for Use of Analytics Tools on Federal Web Sites

Tuesday, May 12th, 2009

CDT Recommends Standards for Use of Analytics Tools on Federal Web Sites

CDT and EFF today released a joint report examining the use of analytics tools on federal agency Web sites. Analytics typically track user behavior on a site; the data is used to create a better user experience. The report analyzes existing policy and makes recommendations for how federal agency Web sites can use analytics tools while protecting citizen privacy. Agency Web sites will play a key role in the Administration’s plan to create an environment that fosters a more participatory government, but new uses of technology must be approached with special attention given to privacy.

+ Full Report (PDF: 304 KB)

Source: Center for Democracy and Technology and the Electronic Freedom Foundation

Hat tip: PW