Rep. Speier of California starts the ‘Do Not Track’ ball rolling

On Friday, Feb 9, 2011 Jackie Speier (D-CA) introduced H.R.654, a bill designed to take the next step forward in protecting consumers’ privacy on the internet. Several items caught my attention.

The first thing to know is that this is not a bill that produces law. It is a bill that encourages the FTC to take action within 18 months. There are no clear definitions of how any of the Do Not Track processes would work, just that they should be there and they should be enforced and that the FTC has a year and a half to figure it out.

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The Commerce Department Weighs In On Privacy

I guess it was inevitable. The FTC released their report a few weeks ago and this was the Commerce Departments opposing viewpoint. In summary, they noted that consumer were losing trust in online commerce providers and that their main objective was to address this issue while preserving innovation. This is always the excuse companies use when being threatened by ANY law or regulation. It goes as far back as the late 1950′s when car companies claimed that if they were forced to put seat belts in their cars, innovation in the automotive industry would stop.

The basic problem is that regulation causes increased costs. Costs to implement, costs to regulate and costs to litigate violations. And as consumers those costs get passed on to us so we don’t want them either. So what did the Commerce Department propose?

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What the FTC Proposal Means to You, the Consumer

As many of you probably know by now, the first of the two promised government reports on consumer privacy is out. This one, prepared by the FTC, aims its message directly at industry but has its eye set on protecting the consumer’s interests. The other report, due shortly from the commerce department, will most likely be aligned more towards protecting the interests of industry.

The FTC report is 122 pages, mostly filled with details and background. So what did the FTC say? In summary, three things:

  1. Companies should be more privacy-conscious throughout their operations
  2. It should be easier for consumers to understand and exercise their privacy rights
  3. There should be greater transparency in how companies collect, use and make your personal information available.
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