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12.7  Privacy Rights, Protection, and Free Speech                                               399

             Privacy in E-Commerce                              Information Pollution and Privacy

           The reason for privacy concerns stems from the fact that in  Information pollution, the adding of irrelevant, unsolicited
           using the Internet, users are asked to provide some personal  information, may raise privacy issues such as the spreading of
           data in exchange for access to information (such as getting  misinformation about individuals. In addition, polluted infor-
           coupons and allowing downloads). Data and Web mining  mation used by decision makers or by UGC may cause inva-
           companies receive and gather the collected data. As a result,  sion of privacy.
           users’ privacy may be violated (see the slide presentation
           titled “Your Data, Yourself” by Justyne Cerulli at prezi.com/    Global View
           fgxmaftxrxke/your-data-yourself).
              Privacy rights protection is one of the most debated and fre-  Note that the issue of privacy on the Internet is treated differ-
           quently emotional issues in EC and social commerce. According  ently in different countries. For example, in November 2009,
           to Leggatt (2012), in a survey conducted by TRUSTe, 90% of  Google was sued in Switzerland over privacy concerns
           Internet users “were found to worry about their online privacy.”  regarding its Street View application. In 2012, the Swiss high-
           Many EC activities involve privacy issues ranging from collec-  est court ruled that Google may document residential street
           tion of information by Facebook to the use of RFID. Here is an  fronts with its Street View technology (now Google Maps),
           example. For issues of EC privacy, see Kenyon (2016).  but imposed some limitations on the kinds of images the com-
              Here we explore the major aspects of the problem as it  pany  can  take  (e.g.,  lowering  the  height  of  its  Street View
           relates to social networking.                      cameras so they would not peer over garden walls and hedges).
                                                              For more about the court’s decision and the reaction of the
           Example: Google Glass                              parties, see O’Brien and Streitfeld (2012). In June 2013, the
           In May 2013, eight lawmakers, concerned about Google  European Union highest court determined that government
           Glass (and other smart glasses), wrote a letter to Google ask-  agencies cannot force Google to remove links to personal
           ing what the company planned do to protect people’s pri-  material. However, in May 2014, Europe’s highest court ruled
           vacy. See Guynn (2013) for a description. A similar example  that people should have the right to say what information is
           is that stores can see where you go while you are in the store  available when someone Googles them. The ruling applies to
           or shopping mall.                                  28 nations and all search engines (Google, Bing) in Europe.
                                                              The decision does not apply to the USA or any other country
                                                              outside Europe (see Sterling 2014).

             Social Networks Changing the Landscape
           of Privacy and Its Protection                        Privacy Rights and Protection


           Today’s youth seem to be less concerned about privacy than  Today, virtually all U.S. states and the federal government
           young people were in the past. The younger generations are  (and many other countries) recognize the right to privacy, but
           more interested in blogs, photos, social networking, and texting.  few government agencies actually follow all the statutes (e.g.,
           Attitudes about what constitutes private information are chang-  citing reasons of national security). One reason is that the defi-
           ing. As a result, there are new opportunities for marketers and  nition of privacy can be interpreted quite broadly. However,
           marketing communication, mainly in offering experiences that  the following two rules have been followed closely in past
           are better personalized, which do not violate Internet user  U.S. court decisions: (1) the right to privacy is not absolute.
           privacy.                                           Privacy must be balanced against the needs of society; (2) the
              This problem has been articulated by Andrews (2012),  public’s “right to know” is superior to the individual’s right to
           who studied privacy protection in social networks and con-  privacy. The vagueness of the two rules shows why it is some-
           cluded that very little privacy protection exists (e.g., college  times difficult to determine and enforce privacy regulations.
           applicants are being rejected because of what they posted on   Section 5 of the Federal Trade Commission Act protects
           the social networks; criminals read posts about vacations to  privacy. For an explanation of the FTC Act, see ftc.gov/news-
           know when to break into an empty house).           events/media-resources/protecting-consumer- privacy.
              However, in May 2014, Facebook announced the addition  Those practices  extend to protecting consumer privacy,
           of the “Anonymous Login” feature and changes in login pro-  including the “do not track” option, protecting consumers’
           cedures, which allow users to try apps without sharing per-  financial privacy, and the Children’s Online Privacy Prot-
           sonal information from Facebook.                   ection Act (COPPA).
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