Are Internet marketers really just high-tech stalkers, lurking outside your house? Most of us wouldn't think so, yet that is the claim in a Texas privacy lawsuit against many leading websites. The case focuses on "cookies," the small computer files used to identify website visitors and track their preferences. Isn't it convenient when a site remembers your password or shipping information - all common cookie functions?
But this case labels cookies a form of illegal surveillance that makes the target fear for the safety of himself, his family or property. Since cookies collect data - even useful information - without the computer user's knowledge or consent, the suit claims, they violate privacy laws against unwanted snooping.
Lately, such alleged Internet privacy violations seem to fill the daily news. While the Texas case is more extreme than most, everyone from Congress to the man in the street seems paranoid about "personal" information silently collected by Web sites and browsers. Most notably, public outcry forced online ad giant Double-Click to back down from plans to combine its cookie tracking data with personal identities from traditional marketing databases. If you visit health websites for information about allergies, for example, you may soon get online ads for decongestants. But should the advertiser also be able to send coupons directly to your house?
Of course, in an election year politicians have also rushed to answer the call for privacy. Many proposed laws would make limits on using or collecting information mandatory, unlike regulators' hopes for voluntary privacy policies and disclosure. Others would allow websites to collect data only if the consumer affirmatively agrees to provide it, so-called "opt-in" marketing. Who hasn't checked the box to receive "special offers" and promotions?
Some proposals have even become law. Last year's banking reform quietly added privacy duties not only for banks and other financial institutions, but also travel agents, real estate and insurance offices, and, generally, any firm conducting business a bank could perform. Will numerous, possibly inconsistent federal and state privacy laws work in a Net economy that exists worldwide? Can marketers really track and comply with 51 separate standards on how they can collect and use information? (Don't forget international rules as well. European lawmakers have threatened to block American firms from collecting data on their consumers, because our privacy laws do not match their standards.)
But for all the outrage in the press and the statehouses, do we as a society really care about data privacy, online or off? Even though we say we value privacy highly, when asked, our everyday behavior demonstrates the opposite. How many of us actually set our browser preference for cookie notification? And who leaves it turned on for more than five minutes of constant cookie warnings?
Offline, we give marketers highly personalized information about ourselves every day, without fear. For all of the criticism Double-Click faced over linking information gathered online to specific individuals from offline databases, we routinely save marketers that step when we give our names, addresses and preferences when registering warranties or using a supermarket card.
Who hasn't sold their personal data for an extra twenty cents off a gallon of milk - through supermarket "customer cards"? Universal bar codes and scanners track precisely what we buy and when we buy it. We routinely fill out surveys with product warranty and registration cards. Does your warranty coverage really depend on identifying what appliances you plan to buy in the next twelve months?
Why all the controversy about doing the same thing online? While some privacy advocates sincerely cherish civil liberties, perhaps the answer for most of us is obvious - money. We don't mind giving up personal information if we get something for it - even if only a few coupons.
Mandatory "opt-in" disclosure and consent policies are an easy, politically popular fix, even though expensive and cumbersome for marketers. But in practice most people will readily provide personal information at popular websites, in order to play the best games, or get personalized information.
Are Internet marketers really the stalkers they are accused to be in the Texas lawsuit? Or are they really just helpful personal shoppers, guiding us through the confusing Internet mall by the hand (or keyboard) to precisely the products we prefer to buy?
Stanley P. Jaskiewicz, Esquire is with the firm of Spector Gadon & Rosen, P.C. He can be reached at 215-241-8866 or by e-mail at sjaskiewicz@lawsgr.com