Wednesday, February 22, 2012


Cui bono? Who benefits? Why would a company gather huge volumes of data if there was no profit to be made?
Data Collection Arms Race Feeds Privacy Fears
February 21, 2012 by Dissent
Revelations last week that Google Inc, Twitter and other popular Internet companies have been taking liberties with customer data have prompted criticism from privacy advocates and lawmakers, along with apologies from the companies.
They are the latest in a long line of missteps by large Internet companies that have faced little punishment for pushing privacy boundaries, which are already more expansive than most consumers understand.
Despite all the chatter about online privacy and the regular introductions of proposed data protection laws in Congress, Silicon Valley is in the midst of a veritable arms race of personal data collection that is intensifying.
Read more of this Reuters report on Wall Street & Technology.
[From the article:
[What des technology enable? Bob] Many innovative companies, most prominently Facebook, base virtually all of their services on the ability to personalize, which requires them to know their users well. Their business models likewise depend to an increasing degree on the ability to target a banner advertisement or other marketing pitch to an individual. Millions of times each day, the right to advertise to a specific user is auctioned off in a fraction of a second by computers talking to one another.
For both the buyers and the sellers of the advertising, the business advantage goes to the participant with the most knowledge, and that race is driving companies like Google to learn as much about its users as Facebook does.
Few U.S. laws prevent those companies and others from collecting all manner of information - ranging from credit cards numbers and real names and addresses to buying patterns and Web surfing habits - then selling the data to advertisers and other third parties.
… Companies generally face legal threats or a user backlash only after violating their own published privacy policies or being discovered subverting consumer wishes.

(Related) Government knows who has the data they want...
Government Pressures Twitter to Hand Over Keys to Occupy Wall Street Protester’s Location Data Without a Warrant
February 22, 2012 by Dissent
Hanni Fakhoury of EFF writes about the Twitter subpoena I previously mentioned on this blog.
… The subpoena is astonishing not only for its poor grammar, but also for the breadth of information the government wants for a trivial crime that hardly requires it. The government’s request that Twitter hand over Tweets is unlikely to succeed because consistent with the Stored Communications Act, Twitter releases “contents of communication” (effectively Tweets and private messages between Twitter users) only with a search warrant. In any event, Mr. Harris’ account is “public”, meaning the government could obtain Tweets simply by checking out Mr. Harris’ Twitter feed. Plus, requesting Tweets only highlights the absurdity of the entire situation: why would the government need Tweets from both before and after the October 1 protest to prove he was obstructing traffic on the bridge? In any event, government fishing expeditions like this raise serious First Amendment concerns. Mr. Harris was very outspoken about his support of and involvement in the Occupy Wall Street movement. With this overbroad subpoena, the government would be able to learn about who Mr. Harris was communicating with for an extensive period of time not only through Tweets, but through direct messages. And with the government’s request for all email addresses associated with @destructuremal, they could subpoena Mr. Harris’ email provider to get even more information about who he communicated with. The First Amendment shouldn’t be trampled with only an expansive subpoena in a case that barely registers as “criminal.”
Given that much of Mr. Harris’ Twitter information (like Tweets and followers) is already public, it’s very likely that the government was really after something else: location data. By attempting to subpoena these records, the government can get around the Fourth Amendment’s prohibition against warrantless searches by requesting information that includes IP addresses.
Read more on EFF.
As EFF argues, and as I’ve often maintained on this blog, Congress must update ECPA and it needs to extend 4th Amendment protections to our online records. But as importantly, and not really discussed in Hanni’s post, Twitter (and other platforms) needs to stop logging IP data – or at least significantly reduce the log retention so that the government cannot go after these data.

(Related) Are Safari users covered by Google's Privacy Policy? If not, what does protect them?
Google Sued by Apple Safari-User Over Web-Browser Privacy
February 21, 2012 by Dissent
Phil Milford and Jef Feeley report:
Google Inc. officials were sued for violating users’ privacy rights on Apple Inc.’s Safari Web browser by bypassing computer settings designed to block monitoring of consumers’ online activity.
Google, the world’s biggest Internet-search company, has been dodging privacy settings in Safari, which serves as the primary Web browser on Apple’s iPhone and iPad products, lawyers for an Illinois man who uses the Safari browser said in a lawsuit filed [last Friday] in federal court in Delaware.
Read more on Bloomberg Businessweek.
[From the article:
“Google’s willful and knowing actions violated” federal wiretapping laws and other computer-related statutes, attorneys for Matthew Soble said in the complaint.

(Related) Just because everyone wants to be like Facebook does not mean that is a very lofty goal...
Facebook lawsuits sent to SF federal court
February 21, 2012 by Dissent
Ari Burack reports on the consolidation of Facebook lawsuits:
A series of class-action lawsuits contending that the popular social networking site Facebook illegally tracked members’ Internet activity on other websites has been moved to a federal court in San Francisco.
At issue are claims that Facebook users had their personal information tracked, collected and stored by the website, including portions of their Internet browsing history even when they were not logged in to Facebook. The lawsuits claim violations of the federal Wiretap Act and other laws, as well as of Facebook’s own privacy policy.


Someone believes in Global Warming!
February 21, 2012
New Study: Americans Pay More for Weather Catastrophes as Insurers Increasingly Shift Costs to Consumers and Taxpayers
"The Consumer Federation of American (CFA) today released a new study with insurance industry data that found that insurance companies have significantly and methodically decreased their financial responsibility for weather catastrophes like hurricanes, tornados and floods in recent years, shifting much of the risk and costs for these events to consumers and taxpayers. The report is being released as insurers in eleven states have requested large homeowners’ insurance rate increases of 18 percent or more. “Insurance commissioners should block many of these pending rate increases because they place an unwarranted financial burden on homeowners, many of whom are coping with severe financial difficulties in a bad economy,” said J. Robert Hunter, CFA’s Director of Insurance and former federal insurance administrator and state insurance commissioner. “In the last twenty years, insurers have been so successful at shifting costs to consumers and taxpayers that they are currently overcapitalized and cannot justify higher homeowners’ rates.” Insurance executives frequently remind the public and regulators of the frequency and severity of catastrophic events. CFA’s study, The Insurance Industry’s Incredible Disappearing Weather Catastrophe Risk, found that some of the savings insurers have achieved are legitimate, the result of the use of reinsurance and wise risk diversification strategies." [Suggesting “we don't want to cover that” is illegitimate? Bob]


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[Some claims from the ReadCube website:
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