Online Privacy Issues Overview

Online Privacy Issues Overview

Privacy Week 5 Lorrie Cranor 1 What is privacy? Lorrie Cranor 2 What does privacy mean to you? How would you define privacy?

What does it meant to you for something to be private? Lorrie Cranor 3 Concept versus right Privacy as concept What is it How and why it is valued Privacy as right How it is (or should be) protected By law By policy

By technology Lorrie Cranor 4 Hard to define Privacy is a value so complex, so entangled in competing and contradictory dimensions, so engorged with various and distinct meanings, that I sometimes despair whether it can be usefully addressed at all. Robert C. Post, Three Concepts of Privacy, 89 Geo. L.J. 2087 (2001). Lorrie Cranor

5 Some definitions from the literature Personhood Intimacy Secrecy Contextual integrity Limited access to the self Control over information Lorrie Cranor 6

Limited access to self the right to be let alone - Samuel D. Warren and Louis D. Brandeis, The Right to Privacy, 4 Harv. L. Rev. 193 (1890) Being alone. - Shane (age 4) our concern over our accessibility to others: the extent to which we are known to others, the extent to which others have physical access to us, and the extent to which we are the subject of others attention.

- Ruth Gavison, Privacy and the Limits of the Law, Yale Law Journal 89 (1980) Lorrie Cranor 7 Control over information Privacy is the claim of individuals, groups or institutions to determine for themselves when, how, and to what extent information about them is communicated to others. each individual is continually engaged in a personal adjustment process in which he balances the desire for privacy with the desire for disclosure and communication. Alan Westin, Privacy and Freedom, 1967

Lorrie Cranor 8 Realizing limited access and control Limited access Laws to prohibit or limit collection, disclosure, contact Technology to facilitate anonymous transactions, minimize disclosure Control Laws to mandate choice (opt-in/opt-out)

Technology to facilitate informed consent, keep track of and enforce privacy preferences Lorrie Cranor 9 Westins four states of privacy Solitude individual separated from the group and freed from the observation of other persons Intimacy individual is part of a small unit Anonymity individual in public but still seeks and finds freedom

from identification and surveillance Reserve the creation of a psychological barrier against unwanted intrusion - holding back communication Lorrie Cranor 10 Britney Spears: We just need privacy You have to realize that we're people and that we need, we just need privacy and we need our respect, and those are things that you have to have as a

human being. Britney Spears 15 June 2006 NBC Dateline Lorrie Cranor 11 Only a goldfish can live without privacy Is this true?

Can humans live without privacy? Privacy as animal instinct Is privacy necessary for species survival? Eagles eating a deer carcass Lorrie Cranor 13 Privacy laws and selfregulation Lorrie Cranor 14

Terminology Data subject The person whose data is collected Data controller The entity responsible for collected data Primary use of personal information (primary purpose) Using information for the purposes intended by the data subjects when they provided the information Secondary use of personal information (secondary purpose) Using information for purposes that go beyond the primary purpose

Lorrie Cranor 15 OECD fair information principles internat/ben.htm Collection limitation Data quality Purpose specification Use limitation Security safeguards Openness Individual participation Accountability

Lorrie Cranor 16 US FTC simplified principles Notice and disclosure Choice and consent Data security Data quality and access Recourse and remedies US Federal Trade Commission, Privacy Online: A Report to Congress (June 1998), Lorrie Cranor

17 Privacy laws around the world Privacy laws and regulations vary widely throughout the world US has mostly sector-specific laws, with relatively minimal protections - often referred to as patchwork quilt Federal Trade Commission has jurisdiction over fraud and deceptive practices Federal Communications Commission regulates telecommunications European Data Protection Directive requires all European Union countries to adopt similar comprehensive privacy laws that recognize privacy as fundamental human right Privacy commissions in each country (some countries have

national and state commissions) Many European companies non-compliant with privacy laws (2002 study found majority of UK web sites non-compliant) Lorrie Cranor 18 US law basics Constitutional law governs the rights of individuals with respect to the government Tort law governs disputes between private individuals or other private entities Lorrie Cranor 19

US Constitution No explicit privacy right, but a zone of privacy recognized in its penumbras, including 1st amendment (right of association) 3rd amendment (prohibits quartering of soldiers in homes) 4th amendment (prohibits unreasonable search and seizure) 5th amendment (no self-incrimination) 9th amendment (all other rights retained by the people) Penumbra: fringe at the edge of a deep shadow create by an object

standing in the light (Smith 2000, p. 258, citing Justice William O. Douglas in Griswold v. Connecticut) Lorrie Cranor 20 Federal statutes and state laws Federal statutes Tend to be narrowly focused State law State constitutions may recognize explicit right to privacy (Georgia, Hawaii) State statutes and common (tort) law Local laws and regulations (for example: ordinances

on soliciting anonymously) Lorrie Cranor 21 Four aspects of privacy tort You can sue for damages for the following torts (Smith 2000, p. 232-233) Disclosure of truly intimate facts May be truthful Disclosure must be widespread, and offensive or objectionable to a person of ordinary sensibilities Must not be newsworthy or legitimate public interest False light Personal information or picture published out of context

Misappropriation (or right of publicity) Commercial use of name or face without permission Intrusion into a persons solitude Lorrie Cranor 22 Some US privacy laws Bank Secrecy Act, 1970 Fair Credit Reporting Act, 1971 Privacy Act, 1974 Right to Financial Privacy Act, 1978 Cable TV Privacy Act, 1984 Video Privacy Protection Act, 1988

Family Educational Right to Privacy Act, 1993 Electronic Communications Privacy Act, 1994 Freedom of Information Act, 1966, 1991, 1996 Lorrie Cranor 23 US law recent additions HIPAA (Health Insurance Portability and Accountability Act, 1996) When implemented, will protect medical records and other individually identifiable health information COPPA (Childrens Online Privacy Protection Act, 1998) Web sites that target children must obtain parental

consent before collecting personal information from children under the age of 13 GLB (Gramm-Leach-Bliley-Act, 1999) Requires privacy policy disclosure and opt-out mechanisms from financial service institutions Lorrie Cranor 24 Safe harbor Membership US companies self-certify adherence to requirements Dept. of Commerce maintains signatory list Signatories must provide

notice of data collected, purposes, and recipients choice of opt-out of 3rd-party transfers, opt-in for sensitive data access rights to delete or edit inaccurate information security for storage of collected data enforcement mechanisms for individual complaints Approved July 26, 2000 by EU reserves right to renegotiate if remedies for EU citizens prove to be inadequate Lorrie Cranor 25 Voluntary privacy guidelines Direct Marketing Association Privacy Promise

privacy/privacypromise.shtml Network Advertising Initiative Principles CTIA Location-based privacy guidelines record_id=907 Lorrie Cranor 26 Lorrie Cranor 27

Chief privacy officers Companies are increasingly appointing CPOs to have a central point of contact for privacy concerns Role of CPO varies in each company Draft privacy policy Respond to customer concerns Educate employees about company privacy policy Review new products and services for compliance with privacy policy Develop new initiatives to keep company out front on privacy issue

Monitor pending privacy legislation Lorrie Cranor 28 Seal programs TRUSTe BBBOnline CPA WebTrust Japanese Privacy Mark Lorrie Cranor 29

Seal program problems Certify only compliance with stated policy Limited ability to detect non-compliance Minimal privacy requirements Dont address privacy issues that go beyond the web site Nonetheless, reporting requirements are forcing licensees to review their own policies and practices and think carefully before introducing policy changes Lorrie Cranor 30 Privacy policies

Policies let consumers know about sites privacy practices Consumers can then decide whether or not practices are acceptable, when to opt-in or opt-out, and who to do business with The presence of privacy policies increases consumer trust What are some problems with privacy policies? Lorrie Cranor 31 Privacy policy problems BUT policies are often

difficult to understand hard to find take a long time to read change without notice Lorrie Cranor 32 Privacy policy components Identification of site, scope, contact info Security assurances

Types of information collected Childrens privacy Including information about cookies How information is used Conditions under which information might be shared Information about opt-in/opt-out Information about access Information about data retention policies There is lots of information

to convey -- but policy should be brief and easy-to-read too! Information about seal programs What is opt-in? What is opt-out? Lorrie Cranor 33 How are online privacy concerns different from offline privacy concerns? Lorrie Cranor

34 Web privacy concerns Data is often collected silently Web allows large quantities of data to be collected inexpensively and unobtrusively Data from multiple sources may be merged Non-identifiable information can become identifiable when merged Data collected for business purposes may be used in civil and criminal proceedings Users given no meaningful choice Few sites offer alternatives Lorrie Cranor

35 Browser Chatter Browsers chatter about IP address, domain name, organization, Referring page Platform: O/S, browser What information is requested URLs and search terms Cookies Lorrie Cranor

To anyone who might be listening End servers System administrators Internet Service Providers Other third parties Advertising networks Anyone who might subpoena log files later 36 Typical HTTP request with cookie

GET /retail/searchresults.asp?qu=beer HTTP/1.0 Referer: User-Agent: Mozilla/4.75 [en] (X11; U; NetBSD 1.5_ALPHA i386) Host: Accept: image/gif, image/jpeg, image/pjpeg, */* Accept-Language: en Cookie: buycountry=us; dcLocName=Basket; dcCatID=6773; dcLocID=6773; dcAd=buybasket; loc=; parentLocName=Basket; parentLoc=6773; ShopperManager%2F=ShopperManager %2F=66FUQULL0QBT8MMTVSC5MMNKBJFWDVH7; Store=107; Category=0 Lorrie Cranor 37

Referer log problems GET methods result in values in URL These URLs are sent in the referer header to next host Example: order? name=Tom+Jones&address=here+there &credit+card=234876923234&PIN=123 4&->index.html Access log example Lorrie Cranor 38 Cookies

What are cookies? What are people concerned about cookies? What useful purposes do cookies serve? Lorrie Cranor 39 Cookies 101 Cookies can be useful Used like a staple to attach multiple parts of a form together Used to identify you when you return to a web site so you dont have to remember a password Used to help web sites understand how people use them

Cookies can do unexpected things Used to profile users and track their activities, especially across web sites Lorrie Cranor 40 How cookies work the basics A cookie stores a small string of characters A web site asks your browser to set a cookie Whenever you return to that site your browser sends the cookie back automatically Please store cookie xyzzy

site Here is cookie xyzzy browser First visit to site Lorrie Cranor site browser Later visits 41

How cookies work advanced Cookies are only sent back to the site that set them but this may be any host in domain Sites setting cookies indicate path, domain, and expiration for cookies Send me with any request to until 2008 Send me with requests for

index.html on for this session only Lorrie Cranor Cookies can store user info or a database key that is used to look up user info either way the cookie enables info to be linked to the current browsing session User=Joe Email= [email protected] Visits=13 Database Users Email Visits User=4576 904309 42 Cookie terminology Cookie Replay sending a cookie back to a site Session cookie cookie replayed only during current browsing session Persistent cookie cookie replayed until expiration date

First-party cookie cookie associated with the site the user requested Third-party cookie cookie associated with an image, ad, frame, or other content from a site with a different domain name that is embedded in the site the user requested Browser interprets third-party cookie based on domain name, even if both domains are owned by the same company Lorrie Cranor 43 Web bugs Invisible images (1-by-1 pixels, transparent) embedded in web pages and cause referer info and cookies to be transferred Also called web beacons, clear gifs, tracker gifs,etc.

Work just like banner ads from ad networks, but you cant see them unless you look at the code behind a web page Also embedded in HTML formatted email messages, MS Word documents, etc. For software to detect web bugs see: Lorrie Cranor 44 How data can be linked Every time the same cookie is replayed to a site, the site may add information to the record associated with that cookie

Number of times you visit a link, time, date What page you visit What page you visited last Information you type into a web form If multiple cookies are replayed together, they are usually logged together, effectively linking their data Narrow scoped cookie might get logged with broad scoped cookie Lorrie Cranor 45

Ad networks search for medical information buy CD set cookie replay cookie Ad Ad Search Service Lorrie Cranor

Ad company can get your name and address from CD order and link them to your search CD Store 46 What ad networks may know Personal data: Email address Full name Mailing address (street,

city, state, and Zip code) Phone number Transactional data: Details of plane trips Search phrases used at search engines Health conditions It was not necessary for me to click on the banner ads for information to be sent to DoubleClick servers. Richard M. Smith Lorrie Cranor 47

Online and offline merging In November 1999, DoubleClick purchased Abacus Direct, a company possessing detailed consumer profiles on more than 90% of US households. In mid-February 2000 DoubleClick announced plans to merge anonymous online data with personal information obtained from offline databases By the first week in March 2000 the plans were put on hold Stock dropped from $125 (12/99) to $80 (03/00) Lorrie Cranor 48

Offline data goes online The Cranor familys 25 most frequent grocery purchase s (sorted by nutrition al Lorrie Cranor 49

Subpoenas Data on online activities is increasingly of interest in civil and criminal cases The only way to avoid subpoenas is to not have data In the US, your files on your computer in your home have much greater legal protection that your files stored on a server on the network Lorrie Cranor 50 P3P: Introduction

Original Idea behind P3P A framework for automated privacy discussions Web sites disclose their privacy practices in standard machine-readable formats Web browsers automatically retrieve P3P privacy policies and compare them to users privacy preferences Sites and browsers can then negotiate about privacy terms Lorrie Cranor 52 P3P: Introduction

P3P history Idea discussed at November 1995 FTC meeting Ad Hoc Internet Privacy Working Group convened to discuss the idea in Fall 1996 W3C began working on P3P in Summer 1997 Several working groups chartered with dozens of participants from industry, non-profits, academia, government Numerous public working drafts issued, and feedback resulted in many changes Early ideas about negotiation and agreement ultimately removed Automatic data transfer added and then removed Patent issue stalled progress, but ultimately became non-issue P3P issued as official W3C Recommendation on April 16, 2002 Lorrie Cranor

53 P3P: Introduction P3P1.0 A first step Offers an easy way for web sites to communicate about their privacy policies in a standard machine-readable format Can be deployed using existing web servers This will enable the development of tools that: Provide snapshots of sites policies Compare policies with user preferences Alert and advise the user

Lorrie Cranor 54 P3P: Introduction The basics P3P provides a standard XML format that web sites use to encode their privacy policies Sites also provide XML policy reference files to indicate which policy applies to which part of the site Sites can optionally provide a compact policy by configuring their servers to issue a special P3P header when cookies are set No special server software required User software to read P3P policies called a P3P

user agent Lorrie Cranor 55 P3P: Enabling your web site overview and options Whats in a P3P policy? Name and contact information for site The kind of access provided Mechanisms for resolving privacy disputes The kinds of data collected How collected data is used, and whether individuals can opt-in or opt-out of any of these uses Whether/when data may be shared and whether there is opt-in or opt-out

Data retention policy Lorrie Cranor 56 P3P/XML encoding P3P version Statement human-readable P3P policy name

privacy policy [email protected] name and contact info Web Privacy With P3P Access disclosure

Human-readable explanation We keep standard web server logs. How data may be used Data recipients Data retention policy

Types of data collected P3P: Introduction P3P1.0 Spec Defines A standard vocabulary for describing set of uses, recipients, data categories, and other privacy disclosures A standard schema for data a Web site may wish to collect (base data schema) An XML format for expressing a privacy policy in a machine readable way A means of associating privacy policies with Web pages or sites

A protocol for transporting P3P policies over HTTP Lorrie Cranor 58 P3P: Introduction A simple HTTP transaction GET /index.html HTTP/1.1 Host: . . . Request web page Web Server HTTP/1.1 200 OK

Content-Type: text/html . . . Send web page Lorrie Cranor 59 P3P: Introduction with P3P 1.0 added GET /w3c/p3p.xml HTTP/1.1 Web Host: Server Request Policy Reference File Send Policy Reference File

Request P3P Policy Send P3P Policy GET /index.html HTTP/1.1 Host: . . . Request web page HTTP/1.1 200 OK Content-Type: text/html . . . Send web page Lorrie Cranor 60 P3P: Introduction Transparency P3P clients can check a privacy policy each

time it changes P3P clients can check privacy policies on all objects in a web page, including ads and invisible images|2|68523|1|146|ADFORCE Lorrie Cranor 61 P3P: Introduction

P3P in IE6 Automatic processing of compact policies only; third-party cookies without compact policies blocked by default Privacy icon on status bar indicates that a cookie has been blocked pop-up appears the first time the privacy icon appears Lorrie Cranor 62

P3P: Introduction Users can click on privacy icon for list of cookies; privacy summaries are available at sites that are P3P-enabled Lorrie Cranor 63 P3P: Introduction

Privacy summary report is generated automatically from full P3P policy Lorrie Cranor 64 P3P: Introduction P3P in Netscape 7 Preview version similar to IE6, focusing, on cookies; cookies without compact policies (both first-party

and third-party) are flagged rather than blocked by default Indicates flagged cookie Lorrie Cranor 65 P3P: Introduction Users can view English translation of (part of) compact policy in Cookie Manager

Lorrie Cranor 66 P3P: Introduction A policy summary can be generated automatically from full P3P policy Lorrie Cranor 67 Privacy Bird Free download of beta from Origninally developed at AT&T Labs Released as open source Browser helper object for IE6 Reads P3P policies at all P3P-enabled sites automatically Bird icon at top of browser window indicates whether site matches users privacy preferences Clicking on bird icon gives more information Lorrie Cranor 68 Chirping bird is privacy indicator

Red bird indicates mismatch Check embedded content too Privacy settings Example: Sending flowers Privacy Finder Prototype developed at AT&T Labs, improved and deployed by CUPS Uses Google or Yahoo! API to retrieve search results Checks each result for P3P policy Evaluates P3P policy against users preferences

Reorders search results Composes search result page with privacy annotations next to each P3P-enabled result Users can retrieve Privacy Report similar to Privacy Bird policy summary Lorrie Cranor 76 Demo Evaluating Privacy Finder Have enough sites adopted P3P for Privacy Finder to be useful? S. Egelman, L. Cranor, and A. Chowdhury. An Analysis of P3P-Enabled Web Sites among Top-20 Search Results. Proceedings of the Eighth International Conference on Electronic Commerce August 14-16, 2006,

Fredericton, New Brunswick, Canada. Will the prominent display of privacy information cause consumers to take privacy into account when making online purchasing decisions? J. Gideon, S. Egelman, L. Cranor, and A. Acquisti. Power Strips, Prophylactics, and Privacy, Oh My! In Proceedings of the 2006 Symposium On Usable Privacy and Security, 12-14 July 2006, Pittsburgh, PA. J. Tsai, S. Egelman, L. Cranor, and A. Acquisti. The Effect of Online Privacy Information on Purchasing Behavior: An Experimental Study. Workshop on the Economics of Information Security, June 7-8, 2007, Pittsburgh, PA. Lorrie Cranor 78

P3P adoption study Compiled two lists of search terms: Typical: 20,000 terms sampled from week of AOL user queries Ecommerce: 940 terms screen scraped from Froogle front page Submitted search terms to Google, Yahoo!, and AOL search engines and collected top 20 results for each term Checked each result for P3P policy and evaluated policies Checked for P3P policies on 30,000 domains most clicked on by AOL search engine users Lorrie Cranor

79 Frequency of P3P-enabled hits P3P-enabled top-20 search results Typical search terms: 10% E-commerce search terms: 21% Searches that return at least one P3P-enabled results In top 10 results: 68% In top 20 results: 83% AOL users will find sites with good privacy policies in first 2 pages of results about 1/3 of the time Weve also collected data about types of privacy practices, types of sites that have adopted P3P, and errors in P3P policies

Lorrie Cranor 80 Results: Most popular P3P policies Typical Terms Ecommerce Terms

Lorrie Cranor 81 Does Privacy Finder influence purchases? Online shopping studies Pay participants to make online purchases with their own credit cards Some use Privacy Finder and some use generic search engine Experiment with privacy sensitivity of purchase and price sensitivity Lab studies Study of college students purchasing power strips and

condoms, no price incentive (reimburse cost) Study of Pittsburgh residents purchasing batteries and sex toys, with price incentive (keep the change) Larger study testing additional conditions planned Privacy Finder field study planned Lorrie Cranor 82 Lab study design 16 participants in each condition Condition 1: No information Condition 2: Irrelevant information Condition 3: Privacy information Products

Non-privacy Sensitive - batteries Privacy sensitive - sex toy Participants paid fixed amount and told to keep the change Lorrie Cranor 83 Privacy information condition Privacy premium: $0.69 4.8% Irrelevant information condition

No information condition Results % Purchases by Level of Privacy No Information Handicap Privacy 100% 100% 90% 90% 80% 80%

70% 70% 60% 60% 50% 50% 40% 40% 30% % Purchases % 30% Purchases 20% 20% 10% 10%

0% 0% None None Low Low Med. Med. High High None None

Batteries Low Low Med. Med. Sex Toy Level Level of of Privacy Privacy High High

Conclusions Accessible privacy information affects consumer behavior Consumers willing to pay for better privacy Privacy Finder helps users make privacy informed decisions Lorrie Cranor 88 P3P: Introduction Why web sites adopt P3P Demonstrate corporate leadership on privacy issues

Show customers they respect their privacy Demonstrate to regulators that industry is taking voluntary steps to address consumer privacy concerns Distinguish brand as privacy friendly Prevent IE6 from blocking their cookies Anticipation that consumers will soon come to expect P3P on all web sites Individuals who run sites value personal privacy Lorrie Cranor 89 P3P: Introduction P3P early adopters

News and information sites CNET,, BusinessWeek Search engines Yahoo, Lycos Ad networks DoubleClick, Avenue A Telecom companies AT&T Financial institutions Fidelity Computer hardware and software vendors IBM, Dell, Microsoft, McAfee Retail stores Fortunoff, Ritz Camera Government agencies FTC, Dept. of Commerce, Ontario Information and Privacy Commissioner Non-profits - CDT Lorrie Cranor 90 P3P: The future

Impacts Some companies that P3P-enable think about privacy in new ways and change their practices Systematic assessment of privacy practices Concrete disclosures less wiggle room Disclosures about areas previously not discussed in privacy policy Hopefully we will see greater transparency, more informed consumers, and ultimately better privacy policies Lorrie Cranor 91

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