NEGATIVE CONSUMER/INTERNET SOLVENCY 409
CONSENT REQUIREMENTS FAIL
FINANCIAL INSTITUTIONS WILL GAIN IMPLIED CONSENT BECAUSE PEOPLE ARE TOO BUSY TO MESS WITH PRIVACY POLICIES
Beth Givens, director of the Privacy Rights Clearinghouse, The San Francisco Chronicle MAY 1, 2000, SECTION: EDITORIAL; Pg. A23; OPEN FORUM TITLE: Opt-In to Financial Privacy // acs-EE2001
However, the more likely prospect, and no doubt what the industry is counting on, is that financial institutions will obtain implied consent because most individuals are too busy, confused or just uninformed to respond to the opt-out notices.
CONSENT IS THE CRITICAL ISSUE IN CONSUMER DATA GATHERING
Heather Green, Business Week, February 14, 2000; Pg. 38 TITLE: PRIVACY: OUTRAGE ON THE WEB // acs-EE2001
Privacy advocates maintain that consumers are not adequately warned about how the information they volunteer, or that they allow a specific site access to, will be used. In her suit, Judnick is asking the court to force DoubleClick to request permission before it tracks consumers' online behavior. She is also asking that the company be forced to destroy all data it acquired without users' consent.
RELYING ON NOTICE AND CONSENT WILL NOT LEAD TO INCORPORATING FAIR INFORMATION PRACTICES
Joel R. Reidenberg, Professor of Law and Director of Graduate Program Academic Affairs, Fordham University School of Law, " Restoring Americans' Privacy in Electronic Commerce," Berkeley Technology Law Journal, Spring, 1999, 14 Berkeley Tech. L.J. 771, EE2001-JGM, P. 771
Thus, to rely principally on notice and consent ignores the other basic fair information practice principles and underlines how self-regulation has not worked. Indeed, for the online world, technological defaults routinely favor privacy invasions over the implementation of fair information practices for citizens. Recent examples, such as the incorporation by Intel of an embedded identifier on each of its Pentium III chips n44 and the "smart browsing" features of Netscape Communicator and Internet Explorer software that upload from the user's computer a hidden file containing the Internet addresses of sites visited by the user, n45 illustrate techniques that facilitate the surreptitious surveillance of citizens. These examples demonstrate that the full range of fair information practice principles are marginalized by self-regulation defined in terms of notice and consent. Smart browsing, for instance, confronts the basic principle of purpose limitations and storage duration as since addresses, processed to make website connections, are stored beyond the duration of the connection and now uploaded to a remote site for profiling purposes.
"NOTIFICATION" OF INFORMATION USE IS NOT SUFFICIENT, THERE MUST BE "CONSENT"
THE KANSAS CITY STAR, November 3, 1999 SECTION: OPINION; Pg. B8, TITLE: Safeguards on privacy must be tighter // acs-EE2001
The substitution of "notification" for "consent" is a familiar political dodge in privacy debates. This tactic is designed to please both consumers and those who seek to take advantage of them; the consumer is led to believe that a privacy problem has been addressed when in fact he or she may be left with little recourse when personal privacy is shredded.