Now taxes really can bug you
- David Lazarus
Wednesday, April 13, 2005
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2005/04/13
/BUG2DC78FN1.DTL&type=printable

The Internal Revenue Service and professional tax preparers insist that
people's privacy is ensured if they file their returns online.

But if you're one of the millions who this year have used the electronic
services of Intuit's TurboTax or H&R Block, you may not know that a stealthy
technology commonly known as Web bugs was used to track your comings and
goings on the Internet.

Both Intuit and Block, which offer electronic filing for free through the
IRS' Free File program, use hidden Web bugs throughout the tax-preparation
process to monitor taxpayers' online behavior.

Web bugs, also known as Web beacons, are virtually ubiquitous among sites
belonging to large companies (including The Chronicle).

The technology connects a company's site with that of an affiliated
marketing firm, which collects and analyzes data on Web usage. Intuit and
Block say Web bugs are employed only to maintain the quality of their
respective offerings.

But privacy advocates and industry insiders say the technology hinges on the
honor system. If a company wanted to, they say, it could easily record or
misuse any information provided by consumers.

"We could capture your name, your Social Security number or any other
information that you willingly pass to a Web site," acknowledged Matt
Belkin, who serves as vice president of best practices for Utah marketing
giant Omniture, which tracks the online activities of people using Intuit's
TurboTax.

But he said Omniture doesn't do this. The reason, he said, is that client
companies don't authorize Omniture to do it.

"It has nothing to do with technology," Belkin said. "Technologically, we
could capture any data we want. This is about ethics and the policy that
each company has."

Although invisible to the average Web user, Web bugs are routinely used by
companies to gather data about online visitors' browsing habits.

The info is ostensibly confidential. But privacy advocates say relatively
little is known about the so-called Web analytics firms that specialize in
online tracking.

"The tracking process is not transparent," said Chris Hoofnagle, who heads
the San Francisco office of the Electronic Privacy Information Center. "It's
hard to say how much data they have and what exactly they do with it."

In 2002, Toys R Us agreed to pay a fine of $50,000 and to revise its privacy
policy after New Jersey officials accused the retailer of inappropriately
sharing customer information with a San Mateo tracking firm, Coremetrics.

Hoofnagle said Web bugs raise questions about the motives of companies that
employ them.

"The whole purpose of this technology is to hide tracking from consumers.
You can't see the Web bugs. You don't know they're there. That's exactly how
the direct-marketing industry prefers it -- tracking methods that can't be
detected or disabled."

Jesse Weller, an IRS spokesman, said taxpayers are clearly told when they
sign up for one of the Free File services that they're leaving the federal
government's protection.

"The IRS is aware that there are many commercial companies that use Web
tracking tools in conjunction with their Web sites," he said. "The IRS does
not take a position on Web tracking tools."

He added, though, that Web bugs are not allowed on government sites.

Mountain View's Intuit said that as of April 2, it had processed 4.3 million
federal tax forms online, well over the total 3.2 million federal returns
processed by the company last year.

Julie Miller, an Intuit spokeswoman, said hundreds of thousands of returns
are typically submitted daily during the last few days before each year's
deadline (which is Friday, for those of you in deep denial).

The company is offering its Free File program at taxfreedom.com. Nowhere on
the welcoming screen or at any point in the filing process is it disclosed
that Web bugs are being used.

Nor is it mentioned when visitors click on the link for Intuit's "privacy
promise."

By clicking on a second link to "tell me more," though, visitors are at last
told, amid other fine print, that "we use a service provider, DoubleClick,
which places Web beacons on specific pages of our site and passes back usage
information to our service provider about that page via the use of cookies."

Cookies are bits of computer code deposited in your browser that identify
you to sites that you visit.

In fact, Intuit's privacy promise isn't quite accurate. The company used
DoubleClick when it began tracking use of online tax returns last year. This
year, however, DoubleClick has outsourced the service to Utah's Omniture.

In other words, not one but two different marketing companies are involved.

Miller said its Web bugs, whether planted by DoubleClick or Omniture, are
not intended to snoop on people's confidential tax data.

"We're not collecting personal information," she insisted. "We're using this
to improve our Web-site design and effectiveness."

For example, Miller said, if a Web bug shows people are getting stuck at a
particular point of the tax-preparation process or are giving up in
frustration at a specific juncture, Intuit can use this data to improve its
service.

Fair enough. But how can users be sure that their personal info isn't also
being passed to Omniture for marketing purposes?

"You've just got to trust us," Miller replied, adding that "if we didn't
uphold our privacy commitment, we wouldn't be here."

H&R Block is also a DoubleClick client. But it uses another service,
WebTrends, to track visitors' online habits.

Tom Linafelt, a Block spokesman, similarly stressed that Web bugs are used
primarily to improve the company's online offerings.

"There would be nothing worse for us than compromising the security of a
customer," he said.

Robert Richardson, who focuses on online crime at San Francisco's Computer
Security Institute, said Intuit and Block are undoubtedly sincere in their
commitment to customers' privacy. But he said it's unclear how much trust
consumers should place in third-party vendors like Omniture.

"Does the company that's aggregating information also have personally
identifiable information?" Richardson asked. "That's murky territory.
Companies like Omniture are not very forthcoming about the information they
put together."

He also said that as the likes of Omniture develop sprawling networks of
client companies, they potentially gain the ability to track Web users from
one site to another.

"Businesses are very interested in these things so they can learn
demographic information about their customers that their customers wouldn't
otherwise volunteer," he said.

Along with Intuit, Omniture tracks Web usage for more than 400 corporate
heavyweights, including AOL, eBay, Microsoft and Wal-Mart.

Omniture's Belkin said the company would never share data gleaned from one
client's site with another client. But he acknowledged that there are no
technological barriers to Omniture (or other Web analytics firms) using Web
bugs to record virtually anything about an Internet user.

"The second you hit AOL, for instance, we set an Omniture cookie and track
all your activity," Belkin said.

"It's a little freaky," he said, "especially where your tax return is
concerned. I can see that."

The freaky thing is that consumers are being asked to trust the private
sector to serve as a conduit for their most intimate financial data.
Companies, of course, have every reason to uphold high security standards.

"Helping people get their taxes done is our business," Intuit's Miller said.
"We take customers' privacy very seriously."

On the other hand, one of the nation's largest handlers of consumer data
similarly insists that privacy is a priority. "Good privacy is good
business," it declares.

That company is ChoicePoint, which revealed in February that it had released
the names and Social Security numbers of about 145,000 people to identity
thieves.

Do you trust them?

David Lazarus' column appears Wednesdays, Fridays and Sundays. He also can
be seen regularly on KTVU's "Mornings on 2." Send tips or feedback to
[EMAIL PROTECTED]

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URL: 
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