Category: privacy

By Posted on Posted in Business Ethics, privacy, Web 2.0/Social Media Tagged with , , , ,

Acording to no less a source than London’s well-respected Financial Times, Facebook has admitted hiring a PR agency to spread stories questioning Google’s privacy policies.

I’m no fan of Google’s approach to privacy, and one of the reasons I still keep Eudora, my “throwback” e-mail system where the e-mail resides on my own hard drive, is that I don’t particularly want Google to have access to my outbox (I do filter some incoming mail through GMail). However, I’ve never particularly trusted Facebook on that score either. I simply stick to a policy that assumes anything I post anywhere is public knowledge, and I try to not post anything, anywhere, that would come back to bite me. Fortunately, I live a pretty transparent and ethical life, and I don’t really have much to worry about. And I’ve never been afraid to be controversial, or to be “ahead of my time.”

I’m also willing to stand up for what’s right. If Facebook chooses to “get even” with me for expressing outrage over this action, and suspends my account, so be it. I managed to live my first 50 years without any help from Facebook. At 54, I could live another 50 years without it if I had to.

Nonetheless, I am deeply appalled. Don’t we have anything better to do than to take our opponents down? I’m much more a believer in cooperating with our competitors (something I discuss extensively in my latest book, Guerrilla Marketing Goes Green). And if you are going to attack your competitors, at least have the decency to do it out in the open. This kind of smear campaign is what I expect from the lunatic fringe that has hijacked the US Republican Party, not from a company that has built its entire business model on cultivating surprisingly deep openness among its users.

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By Posted on Posted in privacy, Shel's Personal Life, Web 2.0/Social Media

Adam Boettiger, someone I’ve known online and respected for more than a decade, just put up a very provocative post speculating why Facebook, which clearly spends a lot of energy interacting with its user data, won’t make any of that data available in a meaningful way to the user him/herself.

He’s not asking for other people’s data, but to know things like who has spent how long on his page within a period of time. Why? So he can more effectively reach out to the people who are validating him with the gift their time.

Cultivating these relationships is certainly a worthy goal. I have certainly built relationships with people who I know because they comment frequently on my blog or my Facebook profile, or because they retweet or engage with me on social media. On a recent trip to Chicago, I took a couple of hours to have coffee with someone I know only through his reaching out to me on Twitter. Now that person has gone from someone who thinks I’m important on Twitter to someone I’d call a friend, and I welcome that. (Shout out: @WayneBuckhanan)—and he’s someone who I probably wouldn’t have paid attention to just reading his profile.

But on the other hand, both from Facebook’s vantage and from my own as a Facebook user, I’m not all that concerned (of course, I’m not a very heavy user of Facebook).

Looking at it from FB’s perspective: I assumed going in that there is no true privacy on Facebook. In fact, there’s no true privacy online, including one-to-one private e-mail. All of us who use social media have made a choice, conscious or not, that the value we get out of participating is worth the sacrifice of privacy. Those of us who are smart never post anything online that we would be embarrassed to see in our hometown newspapers. My son actually changed his profile name to something completely made up, because he doesn’t want anything he posts (and his posts are clean) to haunt him later.

And I recognize that Facebook’s business model and valuation are based heavily on being able to sift the galaxies (mountain seems far too puny a metaphor) of data for a wide range of purposes, from displaying ads based on very narrow interest slices to suggesting friends. They’ve got enormous computing power, and yes, they ought to share an individual’s data with that individual.

But as a user…do I really care that I don’t have that data? Would I have the time to deal with it if I did have it? Both questions get a no vote from me. Heck, I don’t even have time to check out the profile pages of every new follower on all the social media; that would be many hours a week. I check out a random few, and I feel a bit guilty about the rest. But I also have to get my work done, andmenwhile there’s the little matter of 300 new e-mails every day.

The way I use Facebook is to dip in to my profile occasionally and Like or comment on a few things that catch my eye, and follow a quick swath of what’s happening to people in my world. Yes, I’m aware that I could be much more strategic with Facebook; certainly, people like Mari Smith have been very successful using it for business. But I’ve chosen Twitter as my primary social media platform, followed by LinkedIn (where I participate in a lot of discussion groups, and where those discussion groups give me much more leverage than Facebook groups. The friends set on Facebook is too randomized. Even something as simple as sending a message to everyone I’ve identified as part of a particular interest group (and I do categorize my friends) is too much work for the return in most cases, because of FB’s ridiculous limit of 20 people getting the same message at once, and suspending accounts of people who send too many batches of messages (or even accept too many friend requests) too close together. And because there’s no e-mail channel, I rarely participate in discussions on someone’s fan page. On LinkedIn, when I post to a discussion list, everyone on that list gets an e-mail notification. Not true with FB pages I’ve liked. This allows me to be promiscuous with the Like button, which I could never do if every page sent me a stream of mail—but it also means the Like button is essentially meaningless to me.

And as Adam himself notes, there are lots of other ways to interact on FB besides spending time on a profile.

 

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By Posted on Posted in privacy, Transparency vs. Secrecy, Web 2.0/Social Media Tagged with ,

Seth Godin blogged something that I’ve long said. We live in a world where privacy is not a given. If you have a credit card, your life is an open book (one example among many). What Seth pointed out is that the lack of privacy isn’t what bothers us—it’s the ability of companies to take the information and draw conclusions about our lives and how to market to us. He gives a fascinating example. I won’t spoil the surprise; go visit.

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By Posted on Posted in Advertising, Marketing Techniques and Philosophies, People Helping People, privacy Tagged with , , ,

Guest post by Steve Ostrow

[Editor’s note: I was sent a review copy of this book, and enjoyed its playful approach to an intimidating subject. So when I was asked if I’d give Steve a forum during his launch, I gladly agreed.]

Congress has spoken! Anti-telemarketing legislation has been passed. Under reasonable restrictions, certain tactics by telemarketers are prohibited and court actionable. Violations can be enforced by the State via the attorney general’s office, the public via class action lawsuits or private lawsuits, and individuals via the small claims court.

The Telephone Consumer Protection Act of 1991 (TCPA) started the ball rolling. Congress was torn between the special interest lobbyists and the people’s vote. The green cash of the lobbyists stalled the legislature for numerous years, but eventually the annoyance of the telemarketing industry became too much. The door opened and the unfettered invasion of free speech was outweighed by the consumer’s right to privacy. After strong objection and outrage by consumers groups, the common sense legislation protecting the privacy of one’s own home was long overdue.

The 1991 original law was pretty weak and without sharp teeth. A free bite at the apple was given and the first offense by a telemarketer to a residence was forgiven with only a simple apology. A second offense was required in order to make an unsolicited commercial call actionable. Basically business did not change under the original law. In 2003, over great objection from the special interest groups, came the National Do Not Call Registry. Yes, 2003 was a great year for the peace and quiet in a consumer’s home. Instead of a consumer requesting individual companies from not calling the home telephone soliciting their service, a residential consumer could sign up at one location and prohibit almost all telemarketers from calling the home phone number. The burden shifted to the telemarketing companies to check “the registry” rather than having the consumer contact the merchant and opt out. Penalties were instituted which are collectible by attorney generals, lawyers, and individuals through the small claims process.
Under the TCPA and the Do Not Call Registry, there are several different violations which are collectible. The most popular ones are:
1. Calling a residential telephone number that is on the National Do Not Call Registry;
2. Using a pre-recorded dialing device to initiate a commercial sale;
3. Using a blocked telephone number when initiating a commercial sale;
4. Soliciting a consumer before 8am or after 9pm;
5. Failure to provide a copy of the company’s Do Not Call Manual after demand for a copy.

Each violation is actionable separately, or can be “stacked” together when multiple infractions are incurred. Even though the courts are supposed to punish each violation with a $500 penalty, different judges will approach cases differently. Some judges will allow you to “stack” as many violations into one case as possible. Others may limit you to one, two, or three causes of action. Regardless of the amount of the judgment, you are able to prosecute the invasion of your peace and privacy in your home through the small claim courts.

Penalties under the TCPA may be “trebled” when the court finds that the violation is intentional. It can be tedious to understand when a telemarketing violation is intentional and when it is not. Rationally thinking, all solicitations by telemarketers are intentional; they are intentionally picking up the phone at their boiler rooms and randomly telephoning as many people as possible making their commercial pitch. It is not accidental that your number may be called, just random bad luck. I guess the easiest way to understand the intentional tripling of damages is using the playoff basketball foul analogy. Some fouls are hard basketball fouls, some are flagrant one fouls, and others flagrant two. Sometimes you just shoot free throws, other times you get ejected from the game. Sometimes the court awards you $500; sometimes the atrocious call telephone solicitation can be awarded $1,500. It’s all up to the ref.

If you are a Democrat and you get a telephone solicitation from a Republican candidate, slow down before you start licking your lips about bringing the opposing political party to its knees. Under the TCPA, certain types of speech are exempted from lawsuits under the Act. Always remember, the violations under the TCPA were balanced with the First Amendment Right of Freedom of Speech. Certain solicitation exceptions are specifically carved out:
1. Tax exempt non-profit organizations, including political parties and campaigns;
2. Organizations with which you’ve had a prior business relationship;
3. Organizations with which you’ve given prior written permission and not expressly revoked;
4. Calls which are NOT COMMERCIAL.

Convenience is a big part of our lives. All of us would like to nail these pesky telemarketers; sometimes it is easier just to hang up the telephone. However, if you are in the mood to make some cash and fight back against these commercial parasites, the good news about small claims court litigation is that it can prosecuted in our home backyard. Since the violation occurred at our telephone, the proper jurisdiction for the action would be our local court.

Steve Ostrow is an attorney, celebrity impersonator and the author of the new book How To Sue A Telemarketer: A Manual for Restoring Peace On Earth One Phone Call At A Time. To date, Steve has successfully sued, or settled, won and collected, over 10 judgments against telemarketers. To find out more and order his book, go to www.howtosueatelemarketer.com

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By Posted on Posted in Business Ethics, Marketing Trends/News, privacy, Transparency vs. Secrecy, Web 2.0/Social Media Tagged with , , , , , , , , ,

Computer guru Tim O’Reilly makes a half-hearted attempt to justify (or at least explain) Facebook’s latest privacy grab. But I find the San Francisco Chronicle’s Bill of Rights for social media users (which O’Reilly quotes at length) much more compelling:

Users have the right to:

1. Honesty: Tell the truth. Don’t make our information public against our will and call it “giving users more control.” Call things what they are.

2. Accountability: Keep your word. Honor the deals you make and the expectations they create. If a network asks users to log in, users expect that it’s private. Don’t get us to populate your network based on one expectation of privacy, and then change the rules once we’ve connected with 600 friends.

3. Control: Let us decide what to do with our data. Get our permission before you make any changes that make our information less private. We should not have data cross-transmitted to other services without our knowledge. We should always be asked to opt in before a change, rather than being told we have the right to opt out after a change is unilaterally imposed.

4. Transparency: We deserve to know what information is being disclosed and to whom. When there has been a glitch or a leak that involves our information, make sure we know about it.

5. Freedom of movement: If we want to leave your network, let us. If we want to take our data with us, let us do that, too. This will encourage competition through innovation and service, instead of hostage-taking. If we want to delete our data, let us. It’s our data.

6. Simple settings: If we want to change something, let us. Use intuitive, standard language. Put settings in logical places. Give us a “maximize privacy settings” button, a and a “delete my account” button.

7. Be treated as a community, not a data set: We join communities because we like them, not “like” them. Advertise to your community if you want. But don’t sell our data out from under us.

[This last sentence is O’Reilly’s and not the Chronicle’s] Everyone is right to hold Facebook’s feet to the fire as long as they fail to meet those guidelines.

Yes, the Chronicle Bill of Rights seems like common sense ethics to me. The problem is that I am not convinced Facebook’s latest privacy grab is even close to meeting these guidelines. Zuckerberg and others can continue to push the frontiers, but they should do it in ways that respect their members.

Personally, I go into the online world with the expectation that there is no privacy. And therefore the specific changes don’t bother me over-much. But as someone who writes about ethics, I have a problem with obtaining consent for one restricted set of behaviors and then wildly expanding it while requiring opt-out (and difficult opt-out at that) rather than opt-in. It’s nothing more than an electronic form of bait-and-switch–something I find unethical and in fact argue against in my latest book on business ethics, Guerrilla Marketing Goes Green: Winning Strategies to Improve Your Profits and Your Planet (co-authored with Jay Conrad Levinson).

Yet in the video included in the blog, O’Reilly makes a compelling case that Facebook’s privacy failures and the resultant pushback are essential to pushing the frontier, and that a lot of the innovations that seemed to threaten privacy were actually welcomed once people got used to them. O’Reilly says he’s more worried about Apple than Facebook. I, however, worry more about Google (which he also mentions in the video), which owns an extreme amount of personal data and has a very cavalier attitude toward copyrighted material

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