White House Sends Mixed Messages About Online Privacy

It seems like every other day I write or talk about privacy concerns in relation to the Internet. This week, a pair of stories about how the United States government values online privacy broke and they don’t exactly mesh together. It seems that, at least on the surface, the concern leans more toward corporations than citizens. The more cynical among us might say that this is just the U.S. government following the same course that was set years ago, in which giant corporations influence — or perhaps even dictate — policy.

First, let’s start with the more positive news. CNET’s Lance Whitney reports that the White House is pushing Congress to create a privacy bill of rights. The purpose for this legislation is to create guidelines for the way online services collect and use personal information. It’s no secret that companies like Google and Facebook value user data — we aren’t just customers to these companies, we’re the product. Companies sell user information to advertisers to generate revenue. Our personal data is a commodity to them.

According to Assistant Commerce Secretary Lawrence Strickling, the bill will ensure user privacy without hindering innovation among Web companies. The guidelines would have some teeth behind them — Strickling says they’ll be legally enforceable measures. So while the guidelines won’t put a stop to data collection, they’ll lay out the rules for how companies can use that data (and for how long).

But while the White House is trying to assure us that our privacy is protected, it’s also considering some drastic measures to combat piracy. According to Nate Anderson at Ars Technica, IP Enforcement Coordinator Victoria Espinel published a list of desired changes to copyright and intellectual property law.  One change is to make streaming unlicensed material that’s otherwise protected by copyright a felony. Another is to increase law enforcement’s authority to issue wiretaps in copyright or intellectual property theft cases, something that isn’t currently legal.

The wiretapping measure may be cause for concern. Currently, federal law restricts wiretapping to serious crimes like supporting terrorist activities. Extending this authority to matters of copyright infringement seems like overkill. There’s another entry in the wish list that would encourage departments like Homeland Security to turn over any devices designed to eliminate DRM protection to the appropriate rights holder of material found in a suspect’s possession. Beyond that, the list suggests that the government would aid rights holders in civil cases against suspects.

So what I’m getting from these reports is that the White House wants to protect your online privacy, unless someone suspects you of pirating material or streaming illegally gained content. If suspicion should fall upon you, your expectation for privacy may drop to zero. Keep in mind, you don’t have to be guilty of any wrongdoing to come under fire — suspicion may be enough.

It’s important to note that neither the privacy bill of rights nor Espinel’s wish list are law right now. The matters are still open to debate. We may never see a day when the government can trace your online activities in search of any acts of digital piracy. But the discussion has begun in D.C. What’s your opinion?

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