Friday, July 18, 2008

Privacy Capitulation: Where Do We Go From Here?


The idea that we have any privacy left is becoming sort of a naive and quaint concept. Nearly all services we use routinely can be monitored in real-time or mined from data stored in a multitude of digital storage farms - making digital record of all traffic and content. Phone service has moved to IP telephony, whether that is through Skype, business, home cable or call routers at the phone companies.

Corporate networks monitor employee activity through their computers and phone calls. Your internet service provider knows every web site you visit, every email you send/receive and every file you download and sells all of that data to marketers (in aggregate we are assured - so not just yours - everyone at once) to as many sources as they can find to pay for it. Your bank and/or credit card companies know all details of every electronic transaction immediately.

So that laundry list of potential breaches, security holes, hacks and thefts by both internal and external bad guys grows longer each day.

Recently I've been tempted to sign up for a half-dozen free web services, and due to my very unusual habit of actually reading those long "terms of service" pages presented during sign-up for web-based services or those software "End User License Agreement" (EULA) - which most of us click right past during download or installation to our machines - I stumble across one very common and unacceptable line.

... you automatically grant (or warrant that the owner of such rights has expressly granted) us an irrevocable, royalty-free, transferable and worldwide non-exclusive right and license to use, copy, modify, adapt, publish, translate, create derivative works from and sell and distribute such materials or incorporate such materials into any form, medium or technology without compensation to you. In addition, you warrant that all so-called moral rights in those materials have been waived. None of the materials shall be subject to any obligation ...

Now the above line, along with many variations on the theme, means you are giving up your right to any content you contribute using that web service or software if it comes under the provisions of the contract - yes I said contract, which you are signing by clicking "Agree" during signup or installation of any software carrying that language.

So I've signed up for a couple, realizing that anything I post, record or upload can be recorded, stored and sold. I resolve not to put anything there that I'm not willing to lose or lose money on by selling myself. But my point here is that most users fail, not only to read, but to care about the loss of privacy or content or money due to that ridiculous provision that has become standard for most web services and many EULA's signed by millions of users.

So if nobody knows they are signing away their privacy and sometimes their profits - and even fewer care when they do know - where do we go from here? I don't have an answer and don't expect others to either. It seems we've traded privacy for convenience and in most cases, are willing to make that trade-off in order to use free or ad-supported services or software.

I've given up hope that people will begin to care about privacy until they experience identity theft or get fired from their job or lose their potential profit from great ideas because they traded away their privacy and content rights for that convenience. It's just plain sad.

Scott McNealy of Sun Microsystems said it in January of 1999 - "You have no privacy - Get over it!"

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posted by RealitySEO at 10:03 AM 0 comments