Risk
3/30/2011
02:05 PM
Connect Directly
RSS
E-Mail
50%
50%

Schwartz On Security: Online Privacy Battles Advertising Profits

Do businesses have the right to make money from the unregulated buying and selling of personal information?

That golden goose may go bye-bye if the government enshrines a person's right to online privacy. The White House is backing stronger privacy rights, as are three bills pending in the House and one in the Senate.

What might such legislation look like? Sens. John Kerry (D-Mass.) and John McCain (R-Ariz.) are co-sponsoring a "Privacy Bill of Rights." While the bill is still a work in progress, a recently leaked, draft version aims to regulate organizations that use, transfer, or otherwise handle personally identifiable information (PII) or unique identifier information relating to 5,000 or more people per year.

"Some provisions require businesses to comply with specific obligations when dealing with 'sensitive' PII, which is defined as PII which, if lost, compromised, or disclosed without authorization, could 'result in harm to an individual,'" said attorney Nicole Friess, an associate at Information Law Group, in a blog post.

Fines would run $16,500 per day, multiplied either by the number of days of noncompliance or the number of people harmed. "However, liability is capped at $2 million or $3 million depending on the nature of the violation," she said.

But many questions remain unanswered, such as what constitutes "tracking" or "harm." For example, in its comment on the FTC's privacy framework, the Mercatus Center at George Mason University made the humorous, but often true, observation: "How Do We Conduct Cost-Benefit Analysis When 'Creepiness' Is the Alleged Harm?" noted attorney Richard Santalesa, senior counsel at Information Law Group, in a blog post.

In fact, the Mercatus comment argues that consumers stand to gain more than they lose from tracking. "Importantly, nothing in the Commission's proceeding has thus far demonstrated that online data collection and 'tracking' represent a clear harm to consumers per se, or that any 'market failure' exists here," it said. "Such a showing would be difficult since using data to deliver more tailored advertising to consumers can provide important benefits to the public.

So let's put the question out there: Is better advertising worth the potential tradeoff of anyone being able to buy detailed information about your browsing habits, income, or medical conditions? Because with luck, you'll be able to decide.


Previous
2 of 2
Next
Comment  | 
Print  | 
More Insights
Register for Dark Reading Newsletters
Partner Perspectives
What's This?
In a digital world inundated with advanced security threats, Intel Security seeks to transform how we live and work to keep our information secure. Through hardware and software development, Intel Security delivers robust solutions that integrate security into every layer of every digital device. In combining the security expertise of McAfee with the innovation, performance, and trust of Intel, this vision becomes a reality.

As we rely on technology to enhance our everyday and business life, we must too consider the security of the intellectual property and confidential data that is housed on these devices. As we increase the number of devices we use, we increase the number of gateways and opportunity for security threats. Intel Security takes the “security connected” approach to ensure that every device is secure, and that all security solutions are seamlessly integrated.
Featured Writers
White Papers
Cartoon
Current Issue
Dark Reading's October Tech Digest
Fast data analysis can stymie attacks and strengthen enterprise security. Does your team have the data smarts?
Flash Poll
Video
Slideshows
Twitter Feed
Dark Reading - Bug Report
Bug Report
Enterprise Vulnerabilities
From DHS/US-CERT's National Vulnerability Database
CVE-2014-3409
Published: 2014-10-25
The Ethernet Connectivity Fault Management (CFM) handling feature in Cisco IOS 12.2(33)SRE9a and earlier and IOS XE 3.13S and earlier allows remote attackers to cause a denial of service (device reload) via malformed CFM packets, aka Bug ID CSCuq93406.

CVE-2014-4620
Published: 2014-10-25
The EMC NetWorker Module for MEDITECH (aka NMMEDI) 3.0 build 87 through 90, when EMC RecoverPoint and Plink are used, stores cleartext RecoverPoint Appliance credentials in nsrmedisv.raw log files, which allows local users to obtain sensitive information by reading these files.

CVE-2014-4623
Published: 2014-10-25
EMC Avamar 6.0.x, 6.1.x, and 7.0.x in Avamar Data Store (ADS) GEN4(S) and Avamar Virtual Edition (AVE), when Password Hardening before 2.0.0.4 is enabled, uses UNIX DES crypt for password hashing, which makes it easier for context-dependent attackers to obtain cleartext passwords via a brute-force a...

CVE-2014-4624
Published: 2014-10-25
EMC Avamar Data Store (ADS) and Avamar Virtual Edition (AVE) 6.x and 7.0.x through 7.0.2-43 do not require authentication for Java API calls, which allows remote attackers to discover grid MCUser and GSAN passwords via a crafted call.

CVE-2014-6151
Published: 2014-10-25
CRLF injection vulnerability in IBM Tivoli Integrated Portal (TIP) 2.2.x allows remote authenticated users to inject arbitrary HTTP headers and conduct HTTP response splitting attacks via unspecified vectors.

Best of the Web
Dark Reading Radio
Archived Dark Reading Radio
Follow Dark Reading editors into the field as they talk with noted experts from the security world.