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Law & TechnologyLaw and TechnologyNews Sites Becoming More IntrusiveBy Deborah PierceJul 18, 2002 -- The current trend of news sites requires people to register before allowing them to read content. This raises serious privacy and First Amendment issues for all of us as our newspaper reading habits become closely watched. Privacy policies offer some guidance about uses and disclosures of data but the main problem is in the gathering of the information in the first place.What's Collected and What's Disclosed Let's look at the Web sites of three papers: the Seattle Times, the New York Times, and the Los Angeles Times. The Seattle Times allows anybody to access stories on its site without providing any information. The New York Times requires you to fill out a form before you can access stories. The forms ask about gender, household income (range), job title, job function, industry in which you work, and year of birth. The company does have a very clear privacy policy, which states "personal information about you as an individual subscriber will not be provided to any third party without your consent, except under the circumstances described in Compliance with Legal Process below." Aggregate data is shared with advertisers. The LA Times goes even further. Required fields in the form include name, physical address, year of birth, gender, phone number, email address, and annual household income (range). Not only is this an outrageous amount of information to require, but the LA Times makes it difficult to tell exactly what your rights are. The privacy policy is stealthily written in legalese. Consider this sentence from a section on cookies in the privacy policy: "As we adopt additional technology, we may also gather information through other means. In certain cases, you can choose not to provide us with information." Does that mean the company uses "Web beacons," or that it plans on merging offline and online data together? I'm not sure.
A lot of people register at news sites with fake names, and single purpose email addresses at Yahoo or Hotmail. This seems like a reasonable way to protect your anonymity, but is getting more difficult nowadays. The LA Times wants so much personal information, using a fake email address isn't going to help much. You'll need to fake your address, birth date, and phone number too. A couple of issues ago I discussed a researcher who, armed with a zip code and a year of birth and using public records, was able to uniquely identify 80 percent of Cambridge, Massachusetts residents. If a company wanted to, it could use this registration information in conjunction with public records to identify visitors to the site. Privacy and First Amendment Issues The privacy issue associated with news sites gathering information about you is probably pretty obvious. When you give out your e-mail address, expect spam. If you give out your phone number, expect a telemarketer to give you a call at dinnertime. The First Amendment issue doesn't lie with the news site, but instead with who will have access to the combination of registration information and your surfing history once it is gathered. Librarians have been put on notice that law enforcement wants access to check out lists of patrons who use the library; it's logical enough to believe that lists of people who read articles on particular topics might be equally interesting. It's not just law enforcement that has access. Being a participant in a civil case can also bring your reading habits to light. Spouse divorcing you? That item you just read about romantic getaways might become highly relevant to opposing counsel. Being able to read a wide variety of news, books, and other materials without someone watching what we read allows us to form ideas and viewpoints. Without that ability, people tend to self-censor, particularly if the viewpoint is an unpopular one. Self-censoring may become more acute once consequences of reading particular stories begin to rack up. What You Can Do * Email news sites and let them know that you object to their intrusive forms. * Read news from sources that don't require registration and let them know you appreciate that they don't require registration. * As usual, read privacy policies before you register. * Read the Seattle Press' Privacy Policy Reader CommentsDiscuss this article in the forums!
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