No More Voyeurism on Google Street View

Reacting to both legal questions and, probably more accurately, a lot of its users having that old "oogie" feeling that people get from things that are bit too close for comfort, Google has begun testing face blurring technology for its Google Street View product.  According to Cnet,  The technology uses a computer algorithm to scour Google's image database for faces, then blurs them.  There are risks.  Some people will still object to having their houses or other areas that they deem "private" included (Google has already been sued by one couple in Pittsburgh, albeit based on a dubious proposition).   There's also the issue of false positives that blur billboards or works of art with faces and could degrade the product.  There's also the risk of missing some faces that are visible could pose privacy problems and, of course, setting an "industry standard" that could then create a negligence claim for failing to properly implement the algorithm or to properly police the site.  Nevertheless, this seems like a sensible solution of it works. 

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Be Good for Goodness Sake: Search Engines in Europe

The EU Working Party responsible for implementing Europe's Data Protection Directive, i.e. the infamous European privacy laws issued an opinion this month found that the EU privacy directive covers a broad range of garden variety search engine activities, e.g. long term caching (a la the Internet Archive), search histories (like the material subpoenaed by the US government at the end of 2007), and collection of IP addresses.  The Working Party also noted that behavioral advertising may not be permissible without users' consent. 

This could hamstring the next generation interactive advertising and, even some garden variety website activities.  One more reason to use care if you're a US company moving into another jurisdiction.

Targeted Ads are Creepy to Consumers

Reuters is reporting that almost 60% of Americansin a Harris Interactive poll were uneasy when Web sites use information about a person's online activity to tailor advertisements or content.  "There's a creepy factor and a fear of the unknown that people don't want to deal with," said Michelle Warren, senior research analyst at Info-Tech Research Group in London, Ontario. 
This is consistent with my experience.  I teach a class on digital media law and policy every year and I always ask the students what privacy intrusion worried them the most.  In the past, identity theft was far and away the overall winner.  This year, targeted advertising and online monitoring was the winner and the reason was clearly the "creepy" factor.
This suggests to me that companies will need to use great care when implementing targeted advertising solutions and that alleviating the "creepy" factor will be at least as important as creating tangible benefits to consumers.

It's Best to Encrypt, Lest the Data Slip

Randy Gainer gives a nice summary on the Privacy and Security Law Blog of some proposed state-law encryption requirements when storing personal information:

More here.

Fresh Legislation

OK, it's not that fresh. But in case you haven't seen these, here are:

Enjoy.

Who Will Watch the Weight Watchers?

In The Republic, Plato memorably posed the question, "Who will watch the watchers?" The much more intriguing question is, of course, "Who will watch the Weight Watchers?" The answer is Thomas O'Toole, who gives us the lowdown on how Weight Watchers and others ranked on TRUSTe's list of most trusted companies. In order of most to least trusted, here they are:

  1. American Express
  2. Charles Schwab
  3. IBM
  4. America Online
  5. Amazon
  6. Johnson & Johnson
  7. U.S. Postal Service
  8. E-Bay
  9. Procter & Gamble
  10. Nationwide
  11. Google
  12. E-Loan
  13. WebMD
  14. Dell
  15. Countrywide
  16. USAA
  17. Disney
  18. Hewlett-Packard
  19. U.S. Bank
  20. Bank of America
  21. Intuit
  22. Weight Watchers

More here.

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