Privacy and Online Marketing

Online advertising is not necessarily better than traditional media advertising at reach (how many people see your ad) or frequency (how often they see it). But it is a winner on specificity -- the ability to deliver the right advertising message to the right person at the right time.

To do that in a way that truly takes advantage of the medium, marketers have to know something about the person they are reaching. And there are oh, so many ways to gather (and use and combine with other databases ... and sell to others) that information.

There are cookies, there are all sorts of spyware, there are tracking tools, there are myriad data harvesting and data mining technologies. Really, the ways that information about each of us can be and is collected are vast and ingenious.

The rub, of course, is the cost to us in lost privacy.

Of course, those tools -- and more -- are used not just by legitimate marketers with legitimate products or services to sell to people who might, indeed, be interested in them. They also are popular with various lowlifes, from spammers to phishers, or online identity thieves.


To take an example from a legitimate marketer first: Amazon.com is a trailblazer in tracking its customers' habits and using that information to market additional products to them.

Among other things, amazon.com:

* Has, since 2000, shared personal information with companies from whom it buys products or with whom it partners. (Check their privacy policy to read more about it.)

* Collected detailed information about what its customers buy, consider buying, browse for but never buy, and recommend to others.
* Used this information to recommend new purchases, direct your searches toward products it thinks you're most likely to want, and even stop the absent-minded from buying the same book they bought five years ago.

Recently, amazon.com has added yet more twists to a marketing plan already built on knowing as much about you as it possibly can. It has ...

* Recently received a patent for technology that tracks information, such as age and preferences, about the people for whom its customers buy gifts -- that is, not the purchasers but the recipients of the gifts.

* Launched a search engine, called A9, that can remember everything you've searched for. (And Amazon reserves the right to share that info with its retailing arm.)

* Funded a Web site called 43 Things that seeks to link people with similar goals, such as getting out of debt.

43 Things is the company's entry into social networking (think The Facebook), a place for people to list personal goals and find others who share them.

Many other companies, including Yahoo! and Google, are investing in similar community-building technology. Amazon wants to build that same feeling around selling stuff.

(This information comes from a recent article in E-Commerce Times, a nice source if you're interested in this topic.)

Of course, plenty of people out there are interested in such information -- and more -- for illegitimate purposes, too.

The data-collection business is booming, and it includes some names you know and use regularly. Some companies that collect data on enormous numbers of users are at least arguably legitimate but are vulnerable to breaches by others with disreputable intentions.

For instance, LexisNexis collects a lot of info about its users ... 310,000 of whom recently were victims of identity theft. The company now admits its databases were fraudulently breached at least 59 times, with the intruders using stolen passwords to gain access to addresses, Social Security numbers and more.

In this context, the recent case of ChoicePoint, a company based in Georgia, is illustrative:

ChoicePoint is a data giant. It collects, stores, analyzes and sells billions of demographic, marketing and criminal records (the latter to police departments and other government agencies that might otherwise be criticized for collecting such information about citizens without their knowledge or consent).

Included in these records are everything from motor vehicle records to credit information, drug screenings to DNA identification, and much more, according to an EPIC report.

ChoicePoint claims to protect people from identity theft. Yet its database was recently penetrated (apparently with little difficulty) by a group that stole dossiers on at least 145,000 people across the country.

The company has promised to discontinue the sale of information products that contain sensitive consumer data ... except "where there is a specific consumer-driven transaction or benefit, or where the products support federal, state or local government and criminal justice purposes."

The Internet offers the ultimate "panopticon," as the Issues book describes. Nothing you do online is private -- not the sites you visit, the content you download (and, technically, just visiting a site downloads it to your computer), the e-mail you send ... nothing.

Once again, the law is of relatively little help. Lots of folks, including your boss, have a legal right to monitor every aspect of your office computer use.

Even spammers are hard to stop, either technically (as the article in the Living book describes) or legally. The existing U.S. law regarding spam is called, apparently without irony, the CAN-SPAM Act (short for Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003). CAN-SPAM, which took effect in January 2004:

* Bans false or misleading header information. An e-mail's "from," "to," and routing information – including the originating domain name and e-mail address – must be accurate and identify the person who initiated the e-mail.

* Prohibits deceptive subject lines. The subject line cannot mislead the recipient about the contents or subject matter of the message.

* Requires that e-mail recipients be given an opt-out method, allowing them to ask not to receive future messages at that e-mail address. After receiving an opt-out request, the e-mailer has 10 business days to stop sending e-mail to that address.

* Requires that commercial e-mail be identified as an advertisement and include the sender's valid physical postal address.


That sounds nice, but really, the Act does little to prevent spam. A report released this month by the Pew Internet & American Life Project indicates that more people report they are getting MORE spam that before the Act than the number who report they are getting less spam.

Critics say the Act doesn't really do much. It asks spammers to identify themselves, but it doesn't prevent them from spamming in the first place. In fact, the FTC only just last month got around to trying to define just who a spammer even is -- as opposed to who a legitimate marketer is.

In the meantime, related proposals to stop the spam tide haven't gotten very far. Last summer, for instance, there were calls for a national "Do Not E-Mail" registry, similar to the effective "Do Not Call" registry implemented to let people block most telemarketing calls. The FTC told Congress that such a list would be both ineffective an unenforceable, largely because it would be extremely difficult to separate spammers from legitimate marketers.

In general, regulatory agencies such as the FTC and the FCC have taken a hands-off approach (perhaps, as the Issues book suggests, for political reasons). They have largely left it up to the marketing industry to regulate itself, for instance through such voluntary organizations as TRUSTe.org.

Consumers, in the meantime, have turned mostly to technological solutions, such as spam blockers, as you know. As you also know, such solutions are only temporarily effective; newer technologies can always beat them.

Solutions? Advice? Precautions to take? Policies to recommend ... perhaps in a mini-essay due next week? :-)

E-Commerce