2009年10月26日 星期一 張貼者: legist (強哥) 0 意見
先貼上一篇新聞給大家做參考。這是中央產經所王明禮老師的網路法,在課堂上的 required reading 之一,索性我就隨意翻成中文,一方面從小處開始做翻譯的練習,二方面讓大家可以看的更快(希望我沒翻的太爛,不然大家直接看英文可能還快的些XD)。關於(網路)隱私權,我也有一些心得。


August 19, 2008
Does an Advertiser Know You Clicked on This Story?
Facebook, Yahoo, and Google come under fire for allowing advertisers to follow online consumer behavior to create targeted messages
By Lou Dzierzak


Last November, Facebook launched an advertising service called Beacon that shared information about users' online activity—such as buying movie tickets online—with other Facebook members. The social networking Web site, however, neglected to ask its users if they wanted data about other sites they visited as well as the things they bought online automatically posted to their profile pages. Worse, that information went to users that the members had designated as friends.


The benefit to advertisers was clear: highly targeted marketing based on past behavior. But Facebook users hated the invasion of privacy. More than 50,000 of them signed an online petition protesting the program. The site responded by allowing users to opt out of the service, giving them control over what information could be shared. Company founder Mark Zuckerberg also issued an apology.


Too little, too late—a group of plaintiffs on August 12 sued Facebook and several other companies, including Blockbuster, Fandango, Overstock.com and Hotwire.com, in U.S. District Court in San Jose, Calif., accusing the social networking site and its partners of violating both the federal 1986 Electronic Communications Privacy Act and 1986 Computer Fraud and Abuse Act, along with California's Consumer Legal Remedies Act and its Computer Crime Laws.


A small victory for online privacy, but in the age of Facebook and MySpace this is unlikely to be the last skirmish between advertisers—who will spend $1.4 billion this year to reach social network users, according to eMarketer, Inc., an online marketing research firm in New York City—and users who want their privacy. The information on those sites is just too valuable.


"Understanding user behavior is very valuable to a marketer," says Cameron Olthuis, founder of Factive Media [[http://factivemedia.com/]], an online marketing consulting firm in Carlsbad, Calif. "Take Facebook, for example, you can run ads now that target users based on information in their profiles." MySpace's HyperTargeting advertising software lets advertisers target their wares based on information users put in their profiles. One half of all ad buys on MySpace now use HyperTargeting.

Factive Media是一家在加州的線上行銷顧問公司,其創辦人卡梅容‧歐爾修斯說:「對於行銷者,了解使用者的行為是極有價值的。以臉書為例,你可以針對其個人資料來進行精確的標靶行銷廣告。」MySpace的超標靶廣告軟體讓廣告商可以基於使用者放在其個人資料中的資訊來瞄準他們的商品。MySpace上有一半的購買的廣告是使用超標靶行銷這個軟體。

Users "feel like there is a sense of control because they can control their privacy preferences," says Larry Ponemon, founder and chairman of information management firm Ponemon Institute, LLC, in Traverse City, Mich., but that is not necessarily the case. Congress is concerned: Earlier this month, the House Committee on Energy and Commerce asked Yahoo and more than 30 other leading Internet firms to provide more information about the online browsing data they collect from consumers and explain how the information is used to create targeted advertising messages. Yahoo responded by announcing the company will allow users to refuse targeted advertising on Yahoo-branded Web sites. Google, Inc., meanwhile, has acknowledged it is using Internet browser tracking technology that allows the company to accurately monitor Web-surfing behavior. For example, it can provide ads on Google.com in response to search
queries entered by its users.

位於密西根州Traverse市,處理資訊管理業務,名為Ponemon Institute的有限責任公司,其創辦人暨主持人賴瑞.封門說:使用者「感覺這好像還算是有一些控制,因為他們可以控制他們的隱私偏好」。但那不必然是個案例。國會正在關注,這個月剛開始,能源暨商業委員會要求雅虎及超過三十家居領導地位的網路公司提供更多關於其由消費者所蒐集的線上瀏覽資料的資訊,並須解釋他們是如何利用這些資訊創造出標靶廣告的訊息。雅虎回應,該公司允許使用者拒絕雅虎相關網站的標靶廣告。同時,谷歌也承認它使用網路瀏覽器的追縱技術,而得精準地進行網路連續監看行為。舉例來說,它可以在其使用者鍵入一個搜尋字串時就同時在Google.com對之提供廣告。

And users may not really get that. "I don’t know that people understand that their browsing experience within an online session is tracked or how much content is served to them based on behavior tracking as well," says Fran Maier, CEO of TRUSTe, a San Francisco privacy advocacy group.* "The consumer, without knowing the limits of that tracking, can easily come to the point of being concerned that too much is being tracked, that it is being tracked
individually, that it's insidious and creepy."


According to a 2008 TRUSTe study, 71 percent of consumers are aware that their browsing information may be collected by a third party for advertising purposes. But 57 percent say they are not comfortable with advertisers using that browsing history to serve relevant ads, even when that information cannot be tied to their names or any other personal information.


What's being done to protect privacy? For one, TRUSTe evaluates Web sites and offers its Web Privacy Seal (Ponemon Institute has one, for example), E-Mail Privacy Seal and Trusted Download programs to help consumers and businesses identify trustworthy online organizations. Criteria for getting one of these stamps of approval include whether Web users have control over who accesses information about them and if they have the opportunity to keep a site from selling their information to advertisers.


Not everyone believes data collection from social networking sites poses a risk. In general, the information collected and the way it is used by legitimate companies is anonymous, says eMarketer senior analyst David Hallerman. "Most behavioral tracking is accomplished by cookies that identify what the person using the browser is clicking on," he says. "But it doesn’t
have any of personally identifiable information (such as the person's Social Security number or home address)." Hallerman believes that because the privacy issue has become public, marketers will adopt self-regulation to give consumers the option to opt out. If not, government regulations may be instituted to protect consumer interests.


Ponemon is not convinced that self-regulation will be enough. The Internet is not a free market, he says, because people cannot work and live now without connectivity to the Internet. This gives Web users ample opportunity to leave bits of information about themselves wherever they browse. "Once the information is in the hands of the advertiser," he says, "there's nothing you
can do to suppress it."


* (Sept. 17, 2008) The original version of this article identified TRUSTe as a nonprofit, but the organization has received venture capital funding.