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The Internet is a media where
every keystroke can be captured, analyzed, stored, and sold. Unlike
someone buying a book for cash, being anonymous online is both difficult
and unlikely.
Privacy has been described by
Justice Louis Brandeis in OLMSTEAD v. U.S as "the right to be let alone -- the
most comprehensive of rights and the right most valued by civilized
men." But privacy on the Web is an endangered concept, something which
should not be taken for granted.
For site owners, the issue of
privacy has two elements. On one side, owners have a clear right to
develop client lists, assets with known and accepted market values. On
the other side, the nature of the Internet requires that users clearly
understand when their names are being harvested.
For example, under what
circumstances -- if any -- is it acceptable to capture information from
children? If a site has a mortgage calculator or a nice form to help
determine your net worth, who gets the keep the information you entered?
To clarify these
issues, many sites now post notices regarding privacy and related
matters. In general terms, such notices have three elements:
- Privacy Notices:
Statements outlining site policies concerning the gathering of names,
screen IDs, and other information.
- Terms of Service: By
visiting a site the user accepts certain stipulations. For example, a
user might effectively agree not to copy site content for commercial
use.
- Disclaimers: Statements
by site owners announcing they cannot be responsible for given matters.
For instance, links from the site may connect to other sites and those
sites may have links which ultimately reach sites that include "adult"
material.
The development of the Web
as a commercial medium presumes that site owners will be able to harvest
user data. Except in cases where adult online visitors have
affirmatively and knowingly given their consent, such presumptions
should be seen as questionable.
Online notices concern
a variety of issues, and in a changing regulatory climate they are one
aspect of Web development which should be reviewed by legal counsel
before posting.
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