Consumer Online Privacy

The Potential Chilling Effects of Big Data

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 11:46am

Last week I posted about “Big Data” and how it is being used to discover new facts about people, to sift and sort them based on subtle patterns, to flag them as “risks” in this field or that, to predict their behavior, and to manipulate them for maximum profit.

Of course, humans are not sheep, and we don’t sit still when things like this happen to us. We perceive what is happening, and we change our behavior in response. We react. The effects of Big Data on privacy and society will be a game of three-dimensional chess, not checkers.

Newest Video Analytics Technique “Product Recognition” Aims to Judge You By What You Wear

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 4:56pm

I blogged recently about video analytics, the attempt to build intelligence into video surveillance so that cameras can not only record our every move in public, but also in some respects understand what they are seeing. Now comes word of the latest twist in this effort: “product recognition.” As Technology Review reports, a startup called Graymatics

New York Court Denies Twitter Motion to Quash Occupy Protester Subpoena

By Aden Fine, Senior Staff Attorney, ACLU Speech, Privacy and Technology Project at 2:07pm

A New York criminal court judge has issued a decision denying Twitter’s motion to quash a court order requiring it to produce information about one of its users pursuant to a subpoena that the District Attorney’s Office in Manhattan issued in connection with the prosecution of an Occupy Wall Street protester.

Google's New Privacy Settings Go Into Effect Tomorrow

By Ateqah Khaki at 1:38pm

As of March 1, your e-mail content and search terms could influence ads you see on any Google site.

FTC Busts Advertisers In Browser Snooping Scandal, But Web Sites Shouldn't be Off the Hook

By Chris Soghoian, Principal Technologist and Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 7:16pm

Today, the FTC announced a settlement with Epic Marketplace, an online advertising company that had abused a security flaw in popular web browsers in order to covertly “sniff” other websites visited by consumers.

According to the FTC complaint, for a period including between March 2010 and August 2011, the online advertising company Epic Marketplace probed the browsing history of visitors to popular websites including CNN, the Red Cross, and Orbitz in order to determine which other web sites those consumers had previously visited. The pages revealed by this snooping included those relating to fertility issues, impotence, menopause, incontinence, disability insurance, credit repair, debt relief, and personal bankruptcy.

Lie Detection, Special Treatment at the Airport, and Recursive Cameras (Friday Links Roundup)

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 4:26pm

Salon has a nice piece on how research shows the difficulty of detecting lies—the impossibility, really—and how people consistently overestimate their ability to do so. And, how people consistently misidentify signs of stress (from a variety of causes) as proof of lying. Of course, an entire TSA program has been built on the premise that people can be trained to detect lies with a reasonable level of certainty.

Thoughts on British Airways and Enterprise Amnesia

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 3:18pm

British Airways made headlines in Britain last week with reports that it is planning to do internet searches on customers in order to provide them with a “personal touch.” As a BA spokesperson explained,

We’re essentially trying to recreate the feeling of recognition you get in a favourite restaurant when you’re welcomed there, but in our case it will be delivered by thousands of staff to millions of customers. This is just the start—the system has a myriad of possibilities for the future.

ACLU Backs Up Twitter In Court Over Attempt to Defend Users’ Rights

By Aden Fine, Senior Staff Attorney, ACLU Speech, Privacy and Technology Project at 2:52pm

We filed a friend-of-the-court brief today in New York state court in support of Twitter’s efforts to protect the constitutional rights of one of its users. As we posted earlier this month, Twitter took a great step to defend its users’ rights by filing a motion to quash a subpoena that the District Attorney’s Office in Manhattan issued in connection with the prosecution of an Occupy Wall Street protester.

The Time is Now for Do Not Track Legislation

By Sandra Fulton, ACLU Washington Legislative Office at 4:53pm

While our electronic privacy laws have remained stagnant, online advertising has grown into a multi-billion dollar industry. The browsing and communications habits of online users are routinely and secretly tracked as they surf the internet. Yesterday, Senator Rockefeller (D-WV), chairman of the powerful Senate Commerce Committee, introduced a bill to establish a Do Not Track mechanism –similar to a Do Not Call Registry– that would allow users to restrict what companies collect about them and regain control of their privacy and online identity.

Twitter Appeals Ruling in Battle Over Occupy Wall Street Protester’s Information

By Aden Fine, Senior Staff Attorney, ACLU Speech, Privacy and Technology Project at 12:44pm

Twitter just filed its brief appealing a June decision by a New York criminal court judge requiring the company to give the Manhattan District Attorney detailed information on the communications of Twitter user Malcolm Harris, an Occupy Wall Street protester charged with disorderly conduct in connection with a march on the Brooklyn Bridge.

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