Do Not Track

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.

Corporate America: We Want to Track You

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 5:44pm

On Monday an extraordinary letter went out from a who’s who of major corporations claiming a mandate to track all of us on the internet.  In tone and substance, it is an amazing, over-the-top screed against efforts to give consumers even modest controls over who watches us as we surf online.

The letter was triggered by Microsoft’s announcement in May that when it ships its new browser, IE 10, the browser’s default setting will be Do Not Track.  Microsoft heard the vast preference of its users and is giving them the default setting they want—no tracking of their movements and habits online. Consumers who want to get targeted ads will still be able to do so—and in fact will get a chance to turn that preference on when the program loads. As we said at the time, this is exactly the right decision, a powerful tool for giving back American’s their privacy online.

Is the ACLU Inconsistent on Regulation of Speech and Privacy?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 3:02pm

Adam Thierer of the libertarian Mercatus Center posted a thoughtful critique of my recent piece on online tracking and consumer “choice.” I wrote about a new paper on behavioral advertising and how it “demonstrates the absurdity of the position that individuals who desire privacy must attempt to win a technological arms race with the multi-billion dollar internet-advertising industry.”

One Year Later, Consumers are Still Waiting on a Do Not Track Standard

By Sandra Fulton, ACLU Washington Legislative Office at 5:52pm

Senator Jay Rockefeller (D-WV), chair of the powerful Senate Commerce Committee, held a hearing today on online consumer privacy and "Do Not Track" standards. Do Not Track is a concept similar to the "Do Not Call" registry, and would allow individuals to signal that they don't wish to have their movements monitored by advertisers as they surf the web. The title of the hearing was "A Status Update on the Development of Voluntary Do-Not-Track Standards." We've got news for you, Congress—the status is not good.

Protections Against Commercial Internet Spying: Why Delay is Deadly

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 12:13pm

I wrote last week about how the ad industry is going on the attack against Do Not Track. Then yesterday, as the New York Times reported, the Direct Marketing Association kicked off a $1 million public relations campaign to try to persuade policymakers and the public that privacy protections from the data mining industry are not needed. Unfortunately, those who are advocating on behalf of the public do not have $1 million to throw into a counter-campaign. The outcome will be a test of the degree to which money can trump the public good in our political system right now. And that highlights one of the dynamics that it seems to me is at work when it comes to regulating commercial privacy: delay is deadly.

Doesn’t the Ad Industry Trust the Free Market?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 12:33pm

The advertising industry continues to mount a strong attack on the Do Not Track concept for protecting online privacy. As my colleague Chris Calabrese described last week, the industry threw an “epic hissy fit” (in the words of Ed Bott at ZDNet) over Microsoft’s laudable decision to turn on Do Not Track by default in Internet Explorer.

Online Tracking and Consumer “Choice”

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 7:45am

A group of privacy researchers (including some responsible for the excellent privacy studies done by the Berkeley Center for Law and Technology) have an interesting paper out this week in the Harvard Law & Policy Review on behavioral advertising. In the paper, the authors (Chris Jay Hoofnagle, Ashkan Soltani, Nathaniel Good, Dietrich J. Wambach, and Mika D. Ayenson) argue against the idea that privacy-protecting regulations somehow take choice away from consumers who are grown-up enough to fend for themselves. Such arguments are currently being thrown around in an attempt to forestall Do Not Track from being implemented (as I discussed here).

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