 FRONT PAGE Archive Index Feedback |
|
|||||
|
|||||
|
| |||||
Law & Technology
Law and TechnologyCable TV and your Privacy in Seattle
By Deborah Pierce
Mar 28, 2002 -- Seattle Mayor Greg Nickels has proposed an ordinance that will better protect your privacy by restricting how cable operators can use your personal information. That is welcome good news.Some might ask whether we really need a local law when the federal Cable Communications Policy Act (which is a very good law), has existed since 1984? But I agree with the mayor that we do need to update this law for the simple reason that the Cable Act has arguably not kept up with technology over the last 18 years. It is now possible to precisely tailor your Internet and television preferences, but in order to take advantage of those capabilities, you end up making a lot of personal information available those with whom you do business. Mayor Nickels' proposal would strengthen the privacy protections that relate to how much personal information cable companies can collect about you and who they can share that information with.
People should be able to watch TV, browse the Net, read and listen to music without fear that their tastes are being monitored or classified for the benefit of marketers or others that would profile us in this way. To allow that kind of monitoring could cause some people to avoid accessing certain content that they otherwise might enjoy for fear being profiled.
What the Federal Cable Act says--and doesn't say
The Cable Act is fairly short and to the point. It uses Fair Information Practices guidelines to structure the law. It requires cable operators to give notice to subscribers about the nature of personally identifiable information (PII) collected, information about disclosures of that information, how a subscriber can access that information, and the limitations of data collection and disclosure as required by the Act. This notice must be done in a clear and conspicuous manner.
Generally the cable operator can't use the cable system to collect PII without the prior written or electronic consent of the subscriber (opt-in). There are a few limited exceptions that apply.
PII must be destroyed once it is no longer necessary for the purpose for which it was collected and when there are no requests for it (via court order, etc.).
Subscribers can sue in civil courts for money damages.
States are not prohibited from enacting laws that are consistent with the Act that protect subscribers' privacy.
This law worked pretty well for some time now, but in one important way may not have kept up with the times. Cable operators are described as those who provide "any wire or radio communications service". How do operators of cable modems fit in? What about digital TV services and other interactive TV? TiVo?
Fast forward to March 2002 in Seattle. Let's take a quick look at Mayor Nickel's proposal to protect the privacy of those subscribers who use some of the latest technologies.
| For more information: |
|
Cable Act of 1984 http://www.epic.org/privacy/cable_tv/ctpa.html Seattle Proposed legislation http://www.cityofseattle.net/cable/leg/CCB_ORD1_2002.pdf Seattle City web sites http://www.ci.seattle.wa.us/cable/ http://www.ci.seattle.wa.us/ |
The city ordinance in many ways mirrors the federal cable act, but extends it in some important ways. As with the federal act, the ordinance uses Fair Information Practices guidelines for structure: Notices must be clear and conspicuous, PII must be destroyed once it is no longer needed, subscribers can access their files, and can sue for invasion of privacy and collect damages if the suit is successful.
The proposed law adds sections for how a cable operator can and cannot use "cookies" to collect PII. It also expands the definition for what is PII. The list is not exhaustive, but it includes shopping choices, interests and opinions, medical information, banking data, web browsing activities, and energy uses.
Subscribers can opt out of data-sharing permanently.
It also requires the cable operators to report to the City the type of PII that was actually collected or disclosed during each reporting period and the reasons why.
Cable companies would be required to make their privacy policies conform to the Seattle law.
A downside in this proposal is that it allows an opt-out standard when it comes to cable companies being able to share names and addresses. An opt-in standard would better protect subscribers' privacy because the burden is on the company to get consent--not the other way around.
What you can do
* Contact the Mayor, as well as the local cable offices. Contact information is in the sidebar. Let them know that while the bill is a great first step, it would be even better to adopt opt-in rather than the current opt-out standard.
* When you receive your privacy notice in the mail from your cable company, don't throw it away--read it, fill it out and send it in.
Deborah Pierce is the founder and executive director of privacyactivism.org, which has its headquarters in Bellevue. She spent the last four years as a staff attorney at the Electronic Frontier Foundation, www.eff.org. To contact her, send e-mail to editor@seattlepress.com, attention Deborah Pierce.
Reader Comments
Discuss this article in the forums!
| Emilio Zaldana-Godoy | Jun 29, 2004 | 12414 Ambaum BLVD sw 3 Seattle Wa 98146 | janitorial clean service busin |
| I looking some company cable tv service in area of south west zip code 98146 no comcast we looking more economic good service. | |||
