Americans as second-class citizens
By Scott Bradner
Network World, 05/03/99
If the press reports are to be believed, and they are all too
believable, the Clinton administration is about to codify its
opinion that U.S. citizens are second class when it comes to the
Internet. The administration is about to agree with European
officials that a European's privacy is more important and
deserves better protection than does an American's.
The European Union last year passed laws to protect the privacy
of individuals. Basically, the laws require companies that
collect information about you to tell you that they are doing so
and why, and to give you a chance to opt out. For more sensitive
data, the individual has to grant specific permission before that
data can be shared.
The Europeans threatened to ban U.S. companies from doing
business in Europe, including over the Internet, unless they
agreed to the rules. The Clinton administration first tried to
get the Europeans to back down, but they would not. Then the
administration proposed a plan by which U.S. businesses could
claim that they would meet the rules and be allowed to do
business. Part of the administration's plan is that adherence to
the European rules would be required only when firms were doing
business with European citizens, and not be mandatory when the
same companies dealt with U.S. citizens.
This is not the first time this administration has come down on
the side of the privacy abusers. To this administration, details
of one's personal life - including religious or political views,
sexual practices and maybe even medical history - are fair game
for exploitation by anyone with the money.
The administration claims that voluntary programs will protect us
from the abuses of the database industry. But these officials
must be on another planet, if not in another universe.
The administration argues against legal penalties. There are no
risks to the data abusers other than the remote possibility that
some abused individual will have the gumption to sue for the few
dollars that the
courts might award for "actual damages." The Clinton
administration pretends to think that the billion-dollar business
of knowing you better than you know yourself will protect your
rights. I'd say what I really think about this, but my editor
would undoubtedly cut the adjectives.
It's a mixed blessing that Congress is reviewing more than 50
bills written to protect the privacy of Internet users. Although
it is good to see that someone in Washington understands the
unreality behind the
grave concern for individual rights that big business repeatedly
claims, most of Congress lives in a clue-free zone when it comes
to technical realities. (For example, I fully expect some
Congressional critter to introduce legislation to postpone the
Year 2000 deadline.) But I do hope that something will come out
of Congress that works better than the administration's plan to
pray to the tooth fairy.
Disclaimer: Some people say that Harvard has too many clues for
the good of others, but this rant is my own.