Technology Transactionsby Peter Miller
Peter G. Miller
OurBroker®
Without too much commotion new online privacy rules are going into effect, rules that will greatly impact the Web and its viability as a commercial medium.
For instance, the budget bill just passed in Washington included language to prohibit web sites from collecting information from children aged 13 and under without parental permission.
Overseas, the European Union, a consortium of 15 nations with 360 million residents, has regulations starting this week which limit the distribution of names, addresses, and ethnicity information. In theory, certain forms of trade with the U.S. could stop because we are not in compliance with the EU regulations, but look for compromise instead.
The children"s privacy and EU rules are merely a taste of the battle which looms ahead. On one side we see those who believe that the commercial potential of the Internet cannot be achieved without detailed customer information, while on the other side we have those who believe that surfing the Internet should not require divulging private information.
In practice the issue is this: Suppose someone goes to a web site offering gallstone information, the site collects screen IDs, the IDs are translated into real names and addresses, an insurance company buys the visitor list, and the individual can no longer obtain medical insurance.
At first glance the situation with the online visitor seems remarkably abusive, but a closer look reveals several complications.
* Do not businesses have a right to keep customer data? Business, charities, environmental groups, and organizations do it everyday, so why not a web site?
* Is not a customer list an asset? Don"t you have a list of current and potential clients and are not such lists valued?
* If a customer list is an asset, should not the asset holder have the right to sell it?
* If you owned shares in an insurance company, would you want the company to issue needlessly risky policies?
What we have is a clash of rights, the right to privacy versus an equal and opposing right to aggregate data.
Is there a reasonable way to balance conflicting rights? The practical and political reality is that the measures passed so far may be modest compared with proposals likely to emerge in the future. Commercial interests online, if they have any sense, would be wise to adopt privacy policies now, while the matter is voluntary. For example:
* Merely visiting a web site should not mean that consumer screen IDs will be automatically harvested.
* The "bill of rights" should apply to mailing lists; that is, whoever pays the bill has the most rights. For example, material sent through the Postal Service is paid for by senders. E-mail is funded by recipients. Because recipients pay for e-mail, senders should be required to immediately honor all delete requests.
*There should be a quick and easy way to be de-listed.
* Sites that deal with health, financial, adult, political, environmental, religious, and sexual matters should be prohibited from selling visitor lists (and visitor stops at specific interior links) without express (written) visitor approval.
*Sites marketing books, music, and videos should be prohibited from selling names linked to purchases and preferences.
* Sites for children should not collect information unless permitted by a parent or guardian. "Children" should be defined as those aged 16 or less.
* Sites should have clear privacy notices, without weasel clauses.
For their part online entrepreneurs should welcome such limitations. Why? Three reasons:
First, if voluntary limitations are not accepted there is no doubt that worse restrictions will be enacted into law, along with an array of paperwork requirements and penalties.
Second, good lists are more valuable than bad ones. If someone doesn"t want to be on your list then it"s a waste of marketing time and money to continue e-mail barrages. A better approach is to have a list with people who want to do business with you, who agree to be on your list, and who want what you have.
Third, everyone has different roles. At one moment we may be in business or running a charity and the next we are someone else"s customers and clients. And most of us, as consumers, treasure the right to be left alone.
Question Of The Week
Q How much risk is involved with co-signing a real estate loan?
A There is risk. In case of default a co-signer is responsible for the entire amount of the debt, not just part of it.
That said, there are several factors which reduce risk.
*If the purchase includes a large down payment and prices remain stable or rise, then even in a default situation risk is minimal.
*If the party with whom you are co-signing is financially responsible and has a rising income, risk is reduced.
*Risk is reduced by financing with care -- no short-term balloon notes or "D" paper loans.
*Risk is reduced by buying prudently, shopping around, knowing values, and working with brokers, inspectors, and other professionals to get the best possible deals.
Weekly Resource
Not getting enough e-mail? Try L-Soft International -- the "Catalist" on the lower right part of the screen will lead you to more than 20,000 mailing lists.