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News Update Service
Thursday, January 10, 2008 : 1230 Hrs

Sci. & Tech.
Who benefits from a website's privacy policy?

London, (GUARDIAN NEWS SERVICE)

By Wendy M. Grossman

It's more likely to be designed to cover the company than to protect the 
purchaser, but campaigners want change

"We may keep you informed of such products and services (including special 
offers, discounts, offers, competitions and so on) by any of the following 
methods:
E-mail, Telephone, SMS text message and other electronic messages such as 
picture messaging ..." This was the site's privacy policy. What I wanted to buy:
a lightbulb.

It turned out that this privacy policy wasn't really the policy. When asked, 
the company explained: "It's an off-the-shelf policy and actually doesn't 
reflect
the policy that we follow." In other words, it came with its website because 
some lawyer thought more about covering the company's legal ass than consumer
protection. Sadly, this is what most privacy policies are in fact about.

Privacy fundamentalists:

This particular shop rewrote it entirely when it relaunched its site a few 
weeks later, and the policy is now a model of brevity, clarity and restraint.
That makes it a rarity. Amazon.com's privacy policy, for example, provides 
explicit detail about what information it collects and what it may do with it.
And what it collects is everything: you can view all the purchases you've ever 
made from the site, even if the first one was back in 1996. It does not
offer you any way to delete this history or control how much is saved, and 
there isn't any obvious way to close your account.

But who reads privacy policies anyway? Lorrie Cranor, an associate research 
professor in computer science and engineering and public policy at 
Carnegie-Mellon
University, says: "Except for a very small group of privacy fundamentalists, 
the only time people read them is if there's a problem." Then, of course,
it's too late - as Facebook users recently found out when the service started 
displaying purchasing information from a variety of online partner vendors
such as Blockbuster. However, Cranor adds, at a recent workshop held by the US 
Federal Trade Commission, all the participants agreed that privacy policies
need to be there and need to be clear - but they need to be easier to access 
and understand.

The auction website eBay disagrees. "We believe consumers do look at privacy 
policies for specific issues they are concerned about, such as sharing with
third parties and marketing uses," it says. The more important way privacy 
policies are communicated, eBay argues, is by consent forms or opt-in/out boxes,
and this is a better way to make privacy choices visible to consumers. The 
company offers its AdChoice as an example: a link next to its banner ads takes
users to more information about how the ads are targeted, as well as the chance 
to opt out.

Amazon.com's privacy policy reflects another growing trend: it's so long that 
it has a table of contents. The increasing length and complexity of these
policies, says Cranor, is making companies adopt a system of "highlights" 
notices. "The idea is that when you click on the privacy policy link you get
a one-screen summary and then if you want more you click through and get more 
details," she says. There is an effort to standardise what's in the summary
to make it easier for people to get the gist quickly. "It's going in the right 
direction, but not far enough, because what's standardised is the set of
sections that should be in the short notice." There are no standards for what 
text should be under those section headings.

In the early 2000s, Cranor was part of Platform for Privacy Protection (P3P), 
an effort by the World Wide Web Consortium to give users an automated way
of setting privacy preferences; the browser reads and acts upon P3P options 
websites set. P3P still exists in Internet Explorer: look at the Privacy tab
under Internet Options in the Tools menu and you'll find its slider bar. 
Firefox no longer supports it, in part because its use isn't that widespread.

The problems highlighted by the FTC workshop inspired Cranor's research group 
to take advantage of one of her earlier projects, Privacy Bird 
(privacybird.org),
a plug-in for Internet Explorer that reads P3P policies in detail. Cranor's 
group took the engine behind Privacy Bird and built it into a shopping search
site, Privacy Finder (privacyfinder.org), so that each hit displays an icon 
showing how closely it matches the user's privacy preferences. They then used
it in a project to test whether such a system influences people's purchasing 
choices. Their conclusion (PDF: weis2007.econinfosec.org/papers/57.pdf): 
people's
purchasing habits do change when privacy information is presented to them in a 
quickly understandable way, and some will even pay a premium to protect
their privacy.

"We need a nutrition label for privacy," Cranor says. "We're all used to 
reading nutrition labels, and we know where to find what. Privacy labels should
be the same way."

The problem with that approach, argues Brendon Lynch, Microsoft's security 
strategist, is that, unlike food, "every site does a different thing". Lynch
says Microsoft takes a variety of approaches, embedding privacy options into 
software so users see them as they go. Often, he says, if people don't read
your privacy policy it's because they trust your brand or service. But also, 
"people are more concerned about privacy online when there are tangible 
consequences,
for example the rise in identity theft and online fraud".

But one of the reasons companies need privacy policies is that in much of 
today's technology, privacy is added as an afterthought. Designing in privacy
isn't the fun part of development, and even if it were it goes against the 
business models of many companies, as Ian Cheeseman of the Connecticut-based
PR company Lakeview Associates, explains. "Privacy policies aren't a way of 
protecting data," he says. "They're a way of gaining access to data. They're
written by lawyers, but commissioned by the marketing department. I have sat in 
marketing meetings where they say, 'What do we want to do with all this
data?' Data is a resource."

Cooperation required:

Seen through that lens, almost every privacy policy is a cover-your-legal-ass 
statement of what the company thinks it can get away with. How you get merchants
to adopt an icon scheme when it may act against what they conceive to be their 
own best interests is a conundrum.

Cranor's idea is that "if everybody is using the scheme, not adopting it will 
look worse than adopting it but having a not-great policy". Making it happen,
she concedes, would require the cooperation of a major search engine. She has 
been talking to some of these, but her experience perfectly illustrates why
we're unlikely to see this technology widespread any time soon: "One company 
was very interested until it started looking at its own privacy policy and
saw it wouldn't score very well. And that was that."
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