Opting In to Privacy Problems
 by Brian McWilliams, author of  Spam Kings
 03/17/2005 
http://www.oreillynet.com/lpt/a/5710

 In their quest for deals on everything from prescription drugs to mortgages
and pornography, many internet users may be putting their privacy at serious
risk.

 Data brokers who cater to spammers are currently buying and selling private
information on millions of people, including their home address, telephone
number, date of birth, internet protocol (IP) address, and prescription
history.

 What's more, one list brokerage has been giving away to spammers, at no
charge, hundreds of thousands of such personal records to promote its
service.

 Among the dozens of free, sample databases at this spam list-broker's site
was a spreadsheet with data on 31,000 people who had shopped at online
pharmacies. In addition to full customer contact details, the spreadsheet
listed the prescription drugs each customer had ordered--medications ranging
from HIV treatments to antidepressants and painkillers.

 The spam list-broker also made available for free download a spreadsheet
containing home, phone, and email contact information on 250,000 people,
including employees from State Farm Insurance, the U.S. Army, the U.S.
Marine Corps, and the Texas State Government.

 Out of courtesy to the individuals listed, O'Reilly Network is withholding
the address of the spam list-broker's website. Representatives of
Canaca-Com, Inc., the Canadian firm that hosts the site, did not respond to
interview requests. Officials at  Big Pipe Inc. the upstream network
provider for Canaca-Com, had no immediate comment on the site. Big Pipe is a
subsidiary of Canadian cable provider Shaw Communications.

A screen shot showing part of the site's home page is available here.

While information brokers have been selling email lists to spammers for
years, their data-collecting habits have expanded since CAN-SPAM went into
effect in 2004. The U.S. law governing junk email prohibits the harvesting
of email addresses from web pages and newsgroups, as well as the practice of
automatically generating addresses with software.

 As a result, many list brokers are now cutting deals with e-commerce sites
and internet marketing firms for data that includes home addresses, phone
numbers, and an IP address corresponding to each list entry as evidence that
the customer data was voluntarily provided by visitors to an online store or
other web site.

 Armed with proof that their lists contain only "opt in" addresses, some
spammers are able to buy permission from large internet service providers to
email their subscribers. As long as subscriber complaints stay below a set
threshold, the spammer can remain on the ISP's white list.

 However, the availability of confidential data at one spam list-broker's
site suggests that some list brokers and web sites are playing fast and
loose with the privacy of internet shoppers.

 DirectMeds, an online pharmacy that apparently provides customer data to
the spam list-broker's site, has no formal privacy policy. (The "advice"
page of one of DirectMeds' sites, archived here, merely assures shoppers
that their information "will remain strictly confidential.")

 A 2004 study by the Privacy Rights Clearinghouse found a similar lack of
privacy policies at many online pharmacies. Research director Tena Friery
says internet drugstores in the United States are required to comply with
federal health privacy protection rules only if they accept payment via
third-party insurance companies. Many online apothecaries therefore are free
to sell customer data, and aren't even obligated to publish a privacy
policy, according to Friery.

 The spam list-broker's site illustrates the slippery definition of opt-in
email marketing on the internet. Most reputable companies will broadcast
email ads only to internet users who explicitly grant permission. In
addition, such firms do not sell or otherwise share their lists with
marketers without obtaining prior approval from recipients.

 Many spammers, however, use the term opt-in simply to describe lists of
internet users who have previously purchased something via spam or who have
shopped at an online store with lax privacy policies.

 Free data samples at the spam list-broker's site included personal
information excerpted from a database of millions of internet users who
visited the PrizeLoop.com sweepstakes site. According to a  privacy policy
published by California-based BlueStreamMedia, which operates PrizeLoop.com,
the company shares data only with partners that publish and adhere to
"strict privacy principles regarding the use of such information."

 Also freely available for download were samples taken from lists of nearly
3 million individuals who had applied for financial services such as
mortgage quotes and credit cards. One free database included full contact
data, along with dates of birth, sampled from a list of 500,000 people who
had provided personal information to eCreditFinders.com. (ECreditFinders'
privacy policy states that the company reserves the right to sell customer
data to third parties without permission.)

 With their vast collections of sensitive personal details, email list
brokers represent a good starting point for identity thieves. Yet the spam
list-broker's pricing reveals just how much of a commodity personal data has
become on the internet. The company sells its lists for between $15 and
$1,350 per 1 million records--a fraction of a penny per name.

 Other list giveaways from the spam list-broker adds fuel to the fire over
employees who surf porn sites from work. One free sample contained 1,500
entries from a complete list of 2.5 million records apparently gathered from
pornography web sites. Email addresses and IP addresses in the file
indicated visits from employees of Ford Motor Company, CBS News, Delta
Airlines, Cigna Insurance, and Sun Microsystems.

 While the spam list-broker shows little concern for the privacy of people
on its lists, the site's operators are careful to keep their own personal
details well hidden. The site contains no contact information other than an
AOL Instant Messenger address, and its domain registration data has been
shielded by the domain registrar.

 Last September, the spam list-broker touted its lists in a message board
posting at the SpecialHam.com spammer marketplace. The posting counseled
would-be list buyers, "The days of trusting nameless people through IRC and
forums is over. Don't put your faith in people you don't know."

 That's sound advice, too, for internet shoppers--especially those tempted
to buy from spammers.

 Editor's note: As of March 18, 2005, Canaca.com, the ISP that was hosting
the spam list-broker's site, has suspended the account. However, the site's
operators have already found a new home for their files.

 Brian McWilliams is the author of Spam Kings and is an investigative
journalist who has covered business and technology for web magazines
including Wired News and Salon, as well as the Washington Post and PC World,
Computerworld, and Inc. magazines.



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