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On September 12, 2009, Maine's Act to Prevent Predatory Marketing Practices Against Minors (the "Act") will take effect. The Act prohibits businesses from knowingly collecting or receiving a minor's health-related information or personal information for marketing purposes without first obtaining verifiable parental consent. Businesses are also prohibited from using any health-related information or personal information regarding a minor for the purpose of marketing a product or service to the minor. Pursuant to the Act, the use of information in such a manner is a predatory marketing practice, which may be sanctioned as an unfair trade practice. The law also allows individuals subject to unlawful data collection or predatory marketing practices to bring a private right of action against violators. For businesses, the implications of Maine's new data collection and marketing restrictions are far-reaching. The scope of the law covers both online and off-line marketing activities, and the broad definition of personal information includes a minor's name in combination with any information concerning the minor. In light of the Act's restrictive requirements and considerable scope, businesses would be well-advised to evaluate their current marketing practices and age verification mechanisms. The text of the law is available here.

The Federal Trade Commission (FTC) is planning to regulate online viral marketing that uses blogs and social networking sites. Marketers are spending billions worldwide to get the endorsements of key bloggers and groups on social networking sites. One tactic, used by Microsoft and others, is to send products to bloggers on 'long-term loans' on the understanding that they will comment about them on their sites. AdvertisementUnder the new regulations being proposed, such bloggers would be legally liable if they make untrue statements about the products or services. The companies too would face sanctions. "This impacts every industry and almost every single brand in our economy, and that trickles down into social media," Anthony DiResta, an attorney representing several advertising associations, told The Financial Times. This is the first revision of the rules on this kind of advertising by the FTC since 1980 and is needed, according to the organisation, because new forms of communication have opened up new fields to marketing. "The guides needed to be updated to address not only the changes in technology, but the consequences of new marketing practices," said Richard Cleland, assistant director for the FTC's division of advertising practices. " Word-of-mouth marketing is not exempt from the laws of truthful advertising." Advertisers are resisting the changes, however, which threaten a highly effective form of marketing new products and services. "Regulating these developing media too soon may have a chilling effect on blogs and other forms of viral marketing, as bloggers and other viral marketers will be discouraged from publishing content for fear of being held liable for any potentially misleading claim," Richard O'Brien, vice president of the American Association of Advertising Agencies, said in an advisory to the FTC.

With Twitter firmly established as the "conversation place to be," marketers are beginning to look for where they fit in. And that means tools. For the uninitiated, Twitter is a service that lets individuals exchange 140-character messages-via computer or mobile device-with groups of "followers." The result is a fast-and-loose, multidimensional conversation that falls somewhere in between blogging and text messaging, happening in real time between millions of users around the world. Luckily, the Web interface for Twitter.com is just the start of many ways to interact with and glean intelligence from Twitter conversations. There is big potential value for tapping into the Twitter-stream for insights into what customers are saying about your company's brand and its market. "Millions are leaning on Twitter pretty hard as a way to network and communicate with contacts new and old," said John Jatsch, a social marketing expert and operator of Duct Tape Marketing. He added that marketers have many options for how to use Twitter, including connecting with customers, monitoring conversations and testing new ideas. To use Twitter to its fullest, b-to-b marketers should consider using the following handful of tools and services: ??Twitter clients. It doesn't take long for most Twitter users to move beyond using Twitter.com to post and monitor their posts or "tweets." There are much more powerful tools at your disposal for reading, filtering, searching and posting to Twitter.com. The list of Twitter clients includes popular Mac client Twitterific; Adobe Air-based clients such as Twhirl, Tweetr and Spaz; Firefox add-ons like Twitterfox and TwitBin; and software that lets you track multiple social engines-such as Facebook, FriendFeed and even instant messaging as well as Twitter-like Digsby and AlertThingy. A new client receiving a lot of buzz is TweetDeck, which features a huge but customizable user interface that makes it easier to track posts, re

Washington insiders say that the Obama administration will be more aggressive with actions to protect consumers online. Two consumer advocacy groups, the Center for Digital Democracy and the U.S. Public Interest Research Group, have asked the Federal Trade Commission to investigate behavioral targeting practices aimed at mobile phone users. The day the FTC received the request and one week before the Obama administration took office, four marketing and advertising associations announced their intent to create an enhanced set of self-regulatory principles for online behavioral advertising. The American Association of Advertising Agencies, Association of National Advertisers, Direct Marketing Association and Interactive Advertising Bureau are said to be reviewing the areas for self-regulation set forth in the FTC's proposed self-regulatory principles issued in December 2007. As marketers, our boundaries for targeting campaigns continue to widen as technology improves. We collect more information than ever before. This, along with the fear of federal regulation, may create a trend for more marketers to take on a dual role as a privacy professional. The International Association for Privacy Professionals (IAPP, https://www.privacyassociation.org/) provides privacy education and certification for privacy professionals.

The Federal Trade Commission (FTC) is getting tough on online viral marketing using blogs and other social networking sites. The proposed rules would make bloggers legally liable if they make untrue statements about products or services. Companies would face sanctions, too, if they use blogs and social networking sites to make untrue claims. "This impacts every industry and almost every single brand in our economy, and that trickles down into social media," Anthony DiResta, an attorney representing several advertising associations, told vnunet.com. The rules have been a long time coming. It's the first revision of the FTC's advertising rules since 1980. New kinds of marketing have sprouted in the last 30 years, but this is the first time the FTC is paying attention to these kinds of advertising practices. Not everyone agrees that this is a good idea. Richard O'Brien, vice-president of the American Association of Advertising Agencies, told the website, "Regulating these developing media too soon may have a chilling effect on blogs and other forms of viral marketing, as bloggers and other viral marketers will be discouraged from publishing content for fear of being held liable for any potentially misleading claim."

More than 50 per cent of internet users say they would be more interested in advertisements if they were tailored to their own interests, according to a new report from Q Interactive. Furthermore, another 50 per cent of respondents said they would view an advertiser favourably if they received personalised ads. Despite a number of obstacles that prevent marketers from obtaining too much personal information, 53 per cent of internet users would rather have free online services and insider information in exchange for relevant targeting data. However, 32 per cent of the respondents said they would accept worse service in exchange for privacy, and 15 per cent would prefer to pay for premium service and view no advertising whatsoever. Last year, a survey from Dynamic Markets on behalf of Coremetrics, found that half of UK consumers were happy for marketers to use behavioural targeting to track their online behaviour.

Likely a bit of bias in the survey, but indicitive that targeted ads are not going away. Like most things digital, doing it safely is important for consumers. - Karl More than 50 per cent of internet users say they would be more interested in advertisements if they were tailored to their own interests, according to a new report from Q Interactive. Furthermore, another 50 per cent of respondents said they would view an advertiser favourably if they received personalised ads. Despite a number of obstacles that prevent marketers from obtaining too much personal information, 53 per cent of internet users would rather have free online services and insider information in exchange for relevant targeting data. However, 32 per cent of the respondents said they would accept worse service in exchange for privacy, and 15 per cent would prefer to pay for premium service and view no advertising whatsoever. Last year, a survey from Dynamic Markets on behalf of Coremetrics, found that half of UK consumers were happy for marketers to use behavioural targeting to track their online behaviour.

Now that behavioral targeting has become more pervasive (and more effective), it is being talked about not only by publishers and advertisers, but also by privacy advocates -- organizations like the NAI and IAB and, in Washington, the FTC. At issue is if BT players are doing enough to disclosure to consumers how BT works and offering them the opportunity to opt out of being tracked by BT vendors and publishers. There has been much discussion about how to regulate behavioral marketers; but no solution that satisfies everyone. The BT industry so far has contended that website privacy policies are sufficient disclosure since many of them contain links to opts out opportunities like the NAI site. Google and Bluekai have announced 'preference pages' or registries that allow Web users to say what type of BT they are interested in receiving. But, the other, more common option is to put that information in the Privacy Policy of the site. But the problem with that is that no matter where disclosures are placed on the service provider's site, most people won't ever see them. How will a customer visiting Retail SiteX know that Company Y is going to use their browsing behavior to later display relevant ads to them as they surf the Web on Network Z? The average customer won't. The only way a customer will know what forms of BT advertisers are using is if the advertisers themselves tell them. I think that it's time for advertisers to step up in this privacy debate. Thus far the pressure for disclosure has been placed on networks, behavioral marketing providers and publishers. The key players in those industries have done a good job of becoming more transparent (though there is still work ahead of us), while advertisers haven't been asked to do anything. Advertisers are clearly benefiting from behavioral marketing, and its time they disclosed what type of behavioral marketing they participate in, and allow customers to opt-out. How they do this is open for discussion: Tag each

In the 2002 film Minority Report, video billboards scanned the irises of passing consumers and advertised to them by name. That was science fiction back then, but today's marketers are creating digital signs that can display targeted ads based on information they extract from examining the contours of individual human faces. These smart signs are proliferating in commercial establishments and public places from New York's Times Square to St. Louis area shopping malls. They are a powerful innovation in advertising, but one that raises compelling privacy issues - issues that should be addressed now, before digital signs that monitor our behavior become the new normal. The most common name for this medium is digital signage. Most digital signs are flat-screen TVs that run commercials on a continuous loop in airports, gas stations, and anywhere else marketers think they can get your attention. However, marketers have had difficulty determining exactly who sees the display units, which makes it harder to measure viewership and target ads at specific audiences. The industry's solution? Hidden facial recognition cameras. The tiny cameras can estimate the age, ethnicity and gender of people passing by and can track how long a given person watches the display. The digital sign can then play an advertisement specifically targeted to whomever happens to be watching. Tens of millions of people have already been picked up by digital signage cameras. While camera-driven systems are the most common, the industry is also utilizing mobile phones and radio frequency identification (RFID) for similar purposes. Some companies, for example, embed RFID chips in shopper loyalty cards. Digital kiosks located in stores can read the information on the cards at a distance and then display ads or print coupons based on cardholders' shopping histories. Facial recognition, RFID and mobile phone tracking are powerful tools that should be matched by business practices that protect consu

In the 2002 film Minority Report, video billboards scanned the irises of passing consumers and advertised to them by name. That was science fiction back then, but today's marketers are creating digital signs that can display targeted ads based on information they extract from examining the contours of individual human faces. These smart signs are proliferating in commercial establishments and public places from New York's Times Square to St. Louis area shopping malls. They are a powerful innovation in advertising, but one that raises compelling privacy issues - issues that should be addressed now, before digital signs that monitor our behavior become the new normal. The most common name for this medium is digital signage. Most digital signs are flat-screen TVs that run commercials on a continuous loop in airports, gas stations, and anywhere else marketers think they can get your attention. However, marketers have had difficulty determining exactly who sees the display units, which makes it harder to measure viewership and target ads at specific audiences. The industry's solution? Hidden facial recognition cameras. The tiny cameras can estimate the age, ethnicity and gender of people passing by and can track how long a given person watches the display. The digital sign can then play an advertisement specifically targeted to whomever happens to be watching. Tens of millions of people have already been picked up by digital signage cameras. While camera-driven systems are the most common, the industry is also utilizing mobile phones and radio frequency identification (RFID) for similar purposes. Some companies, for example, embed RFID chips in shopper loyalty cards. Digital kiosks located in stores can read the information on the cards at a distance and then display ads or print coupons based on cardholders' shopping histories. Facial recognition, RFID and mobile phone tracking are powerful tools that should be matched by business practices that protect consu

"Got an e-mail list of customers or readers and want to know more about each - such as their full name, friends, gender, age, interests, location, job and education level? Facebook has just the free feature you're looking for, thanks to its recent privacy changes. The hack, first publicized by blogger Max Klein, repurposes a Facebook feature that lets people find their friends on Facebook by scanning through e-mail addresses in their contact list. But as Klein points out, a marketer could take a list of 1,000 e-mail addresses, either legally or illegally collected - and upload those through a dummy account - which then lets the user see all the profiles created using those addresses. Given Facebook's ubiquity and most people's reliance on a single e-mail address, the harvest could be quite rich. Using a simple scraping tool, a marketer could then turn a list of e-mail addresses into a rich, full-fledged set of marketing profiles, with names, pictures, ages, locations, interests, photos, wall posts, affiliations and names of your friends, depending on how users have their profiles set. Run a few algorithms on that data and you can start to make inferences about race, income, sexual orientation and interests. While that information isn't available for all users, Facebook changed its privacy settings in early December so that certain information can't be made private, including one's name, current city, profile picture, gender, networks and friend list (the latter can be somewhat hidden from public view). Anyone with your e-mail address can harvest that information, the company admits."

Probably not limited to FaceBook

A South Korean court acquitted a blogger on Monday of spreading false information, in a case that triggered debate about freedom of speech in cyberspace and critics said was only launched because his economic doom postings angered authorities. Defendant Park Dae-sung, who went by the pseudonym "Minerva" after the Greek goddess of wisdom became a household name last year for his predictions of sharp falls in the won and the local stock market and the collapse of U.S. investment bank Lehman Brothers. "He's been found not guilty," a court official said by telephone. The court threw out charges that he purposely harmed market sentiment by posting false information on his blog. Prosecutors said a posting Park made in December led to volatility in the local currency and caused financial authorities to inject billions of dollars to stabilize the Korean won. "Even if there was recognition that it was false information, he cannot be seen as having acted on purpose to harm public interest considering the situation at the time including the special nature of the foreign exchange market," the court said. As the markets tumbled last year, the main financial regulator warned it would crack down on what it considered malicious rumors. Some economic analysts said they had come under pressure from authorities not to voice negative views on the economy.

Top House and Senate Democrats are working on legislation that would prevent online marketers from sharing Web-surfing information unless Internet users allowed them to. That's according to House Communications, Technology and the Internet Subcommittee chairman Rick Boucher (D.-Va.), who told Multichannel News that such a bill was in the works and was one of his top legislative priorities. The issue of online behavioral marketing has gained traction recently, spurred by privacy concerns and by media companies' need to find new ways for advertisers to reach aggregated audiences at a time of fragmented viewing and multiplying delivery platforms. Boucher's predecessor atop the committee, Rep. Edward Markey (D-Mass.), held a hearing last fall on the issue and helped quash a test by ad-tracking company NebuAd and cable operator Charter Communications. In an interview, Boucher said he was teaming with Reps. Cliff Stearns (R-Fla.), ranking member of his subcommittee, and Joe Barton (R-Texas), ranking full committee member, on a bill that would apply "across the board" to behavioral advertising and data collection by Web sites. "The goal would be to give the Internet user a sense that information about him that is collected by Web sites is well understood by the user, so he has an opportunity to know what is collected," Boucher said. "He would then have an opportunity to act in a way that prevents that Web site using that information to market him personally, and an even broader opportunity to prevent the transfer of that information about him to third parties." Boucher envisions a combination of opt-in and opt-out requirements. "Opt-in would apply where the information is conveyed to third parties," he said, while "opt out would apply where the Web site that collects the information is using that information directly to market the customers from whom it is collected." Center for Digital Democracy executive director Jeff Chester was please

Taking a step toward creating more formal standards, the Interactive Advertising Bureau Monday released a set of best practices for social media advertising covering key terms, creative elements, and user privacy, among other topics. The guidelines unveiled at the IAB's Social Media Marketplace conference in New York are intended to encourage the growth of social advertising by giving marketers, agencies and social networks preliminary rules to navigate a category that now spans hundreds of millions of users. "Industry standards are essential to making social media easy, safe and scalable for advertisers," said Seth Goldstein, CEO of Socialmedia.com and co-chair of the IAB's UGC Social Media Committee, in a statement. "The new IAB framework is a critical first step in this direction and we are excited to help enable the next generation of social advertising." While marketers have been eager to experiment with social media, a lack of standard ad formats and metrics and privacy concerns remain obstacles to more rapid advertising growth on social sites. Even so, Forrester Research projects that social media marketing will increase nearly 60% this year to $716 million.

A new privacy law in Maine is facing a court challenge from media organizations as well as a coalition of online companies including AOL, News Corp. and Yahoo. The new law, officially titled "An Act To Prevent Predatory Marketing Practices against Minors," prohibits companies from knowingly collecting personal information or health-related information from minors under 18 without their parents' consent. The measure also bans companies from selling or transferring health information about minors that identifies them, regardless of how the data was collected. Wednesday, opponents asked the federal district court in Maine to issue an injunction against the measure, slated to take effect Sept. 12. In its court papers, the groups opposing the law say it has consequences far beyond limiting the marketing of health-care information. They contend the measure would "prevent common marketing practices used to serve teens information on colleges, test prep services, class rings, etc." The groups who are suing include the Maine Independent Colleges Association, Maine Press Association, Reed Elsevier and NetChoice -- a coalition of Web companies like AOL, eBay, Yahoo, IAC, News Corp. and Overstock.com.

If behavioral targeting is the key to providing Web users with advertising that's better tailored to their particular needs and interests--instead of banner ads that they ignore--then what's the harm to consumers? That was a central question tackled by a panel of privacy and online marketing experts Thursday at the OMMA Behavioral conference in New York. Whether online user tracking--even when anonymous--represents a growing threat to privacy has become a hotly debated issue in the last year, with FTC, Congress and state governments considering increased regulation of behavioral targeting. For Jules Polonetsky, co-chair and director of the AT&T-funded think tank Future of Privacy Forum, that debate has become almost superfluous. Whatever side one takes, he emphasized that there is now a widespread perception among consumers and regulators that online tracking is creepy at the very least. The key to diffusing the controversy is for publishers and marketers to give Web users notice that their behavior is being tracked in order to provide them with more relevant content, recommendations and marketing offers.

Online fraud is a $4 billion dollar a year industry. It grows as the unemployment rate increases and the jobless attempt to earn a living through whatever means necessary. Meanwhile, the Internet's footprint on the global economy and culture becomes larger every day. The expansion of fraud and the identification of this risk will create more jobs in the fields of compliance, risk management, and best practices. Who will fill these positions? For many companies looking to take action, the initial move will be to consolidate roles. Individuals in areas such as sales and marketing will absorb fraud identification, reporting, and prevention responsibilities. This will prove to be ineffective for the following reasons: 1. The sales and marketing staffs are not trained to identify fraud and they cannot keep up with the ever-changing tactics. 2. Associates are conflicted when faced with a fraud incident. They are not motivated to report fraud and their compensation structure dissuades them from reporting incidents. 3. Business goals are not aligned appropriately, which naturally moved fraud last on the priority list for the associates assigned the additional responsibilities. 4. While the internal attempt is made, no time is spent on partner due diligence and monitoring. Organizations will benefit in the long term by hiring dedicated staff. This tactic is one component of my company's Best Practice approach to doing business. My dedicated team helped realign business goals and create a culture that now embraces a higher set of standards and expectations. Staffing and training were the largest challenges I have faced in the last year. The positions were new, the skill set was specific, and as a result we received a dichotomous set of resumes. Applicants with online marketing experience had little to no experience with fraud, or they came from companies where more unscrupulous methods were used, and I was not confident those habits would be easily kicked. The app

Traditionally, we trust doctors with confidential information about our health in the knowledge that it�s in our own interests. Similarly, few patients object to the idea that such information may be used in some form for medical research. But what happens when this process is subject to scrutiny?How explicit does our consent have to be? Since the introduction of the Data Protection Act 1998 medical researchers have raised concerns over the increasing barriers they face to accessing patient data.These concerns have heightened amongst some researchers since the passing of the Human Tissue Act 2004 introduced in the wake of the Alder Hey and Bristol Royal Infirmary scandals. When scientific advances are unraveling the secrets of DNA and the decoding of the human genome has opened up substantial new research opportunities.Clinical scientists and epidemiologists argue that the requirements being placed upon them are disproportionate to the use they are making of either datasets or tissues samples and, besides, their work is in the public interest.At the heart of the debate lie key questions over trust and consent and how these can best be resolved.To complicate things, it is no longer just medical researchers, but also public health bureaucrats who are keen to have access to our data.Quasi-official bodies have been charged with persuading individuals to change their behaviour and lifestyles in connection with all manner of issues such as diet, exercise, smoking and alcohol consumption.Social Marketing � the borrowing of commercial marketing techniques in the pursuit of 'public goods' � is in vogue amongst public health officials. Empowered by advanced data collection and computing techniques, armed with the latest epidemiological research, and emboldened by a mission to change unhealthy behaviour, public health officials are keen to target their messages to specific 'market segments' in most need of advice.Are government researchers abusing patients' trust? Can an

If you can't measure it, you can't manage it. If you don't even know what it is...

Even IT professionals are confused about what constitutes Web 2.0, according to a survey released Wednesday by web security vendor Websense and research firm Dynamic Markets. According to the survey, of 1,300 information technology managers across 10 countries, 17 percent of respondents correctly identified all the items on the survey that can be considered Web 2.0. IT administrators commonly identified the "obvious" Web 2.0 sites -- such as the social networking sites Facebook and LinkedIn, Dave Meizlik, director of product marketing at Websense, told SCMagazineUS.com on Tuesday. They also commonly identified blogs and micro blogs, such as Twitter, as Web 2.0. But, respondents less frequently identified other sites as Web 2.0, including iGoogle and Wikipedia, Meizlik said. Only half of respondents identified video uploading sites, such as YouTube, as part of Web 2.0, the survey found. David Lavenda, vice president of marketing and product strategy at security vendor Worklight, told SCMagazineUS.com on Wednesday that IT administrators know they need to secure the enterprise from Web 2.0 threats, but are not always sure what those threats are. "When you go to organizations where security is really important -- financial and government organizations -- and ask, 'What's your fear of Web 2.0?,' they say, 'I really don't know, but we hear enough stories of people being compromised that we don't want to take a chance.' That's the most common answer." Lavenda said.

Joshua Corman would seem an unlikely critic of IT security vendors. After all, he works for one. Yet Corman, principal security strategist for IBM's Internet Security Systems division, is speaking out about what he sees as eight trends undermining the ability of IT security practitioners to mount an effective defense against online outlaws. Having worked for the vendor side, Corman says he is uniquely positioned to grasp its weaknesses up close. And so, with a PowerPoint presentation on the "8 Dirty Secrets" of the market in hand, he has traveled to seminars and worked the phones, hoping to motivate a change for the better. Here is the breakdown of those 8 dirty secrets and what Corman sees as practical ways to keep the vendors honest. [Related podcast: The Dark Side of the Security Market] Click here to find out more! Dirty Secret 1: Vendors don't need to be ahead of the threat, just the buyer This is the problem that leads to the seven "dirty secrets" that follow. In essence, Corman said, the goal of the security market is to make money, not to ensure the customer's security. Tom Vredenburg, regional IM manager for Houston-based Wartsila Corp., said Corman's take is consistent with what he has experienced in the trenches. "Not only has security become a phantom deliverable, but the vendors themselves have become equally tough to pin down and evaluate. Are they software sellers or risk managers? Are they service providers or network designers? Am I buying partnerships or licenses? Most of them don't know themselves what they are -- only that they need to sell something that most people don't really want to buy in the first place -- insurance."

Last week, a commercial Twitter spamming tool (tweettornado.com) pitching itself as a "fully automated advertising software for Twitter" hit the market, potentially empowering phishers, spammers, malware authors and everyone in between with the ability to generate bogus Twitter accounts and spread their campaigns across the micro-blogging service. TweetTornado allows users to create unlimited Twitter accounts, add unlimited number of followers, which combined with its ability to automatically update all of bogus accounts through proxy servers with an identical message make it the perfect Twitter spam tool. TweetTornado's core functionality relies on a simple flaw in Twitter's new user registration process. Tackling it will not render the tool's functionality useless, but will at least ruin the efficiency model. Sadly, Twitter doesn't require you to have a valid email address when registering a new account, so even though a nonexistent@email.com is used, the user is still registered and is allowed to use Twitter. So starting from the basics of requiring a validation by clicking on a link which will only be possible if a valid email is provided could really make an impact in this case, since it its current form the Twitter registration process can be so massively abused that I'm surprised it hasn't happened yet. Once a Twitter spammer has been detected, the associated, and now legitimate email could be banned from further registrations, potentially emptying the inventory of bogus emails, and most importantly making it more time consuming for spammers to abuse Twitter in general. If TweetTornado is indeed the advertising tool of choice for Twitter marketers, I "wonder" why is the originally blurred by the author Twitter account used in the proof (twitter.com/AarensAbritta) currently suspended, the way the rest of the automatically registered ones are? Pretty evident TOS violation, since two updates and 427 followers in two hours clearly indicat

Naturally, privacy watchdogs answer the question in this post title with a resounding "Yes!" The answer is so emphatic, in fact, that the Center for Digital Democracy and U.S. Public Interest Research Group are filing a 52-page complaint with the FTC today alleging that mobile marketers collect so much "non personally identifiable information" that it infringes on users' privacy-and are "unfair and deceptive." Mobile devices, which know our location and other intimate details of our lives, are being turned into portable behavioral tracking and targeting tools that consumers unwittingly take with them wherever they go. (Shh! Don't tell them the FBI can remotely turn on the microphone of several cell phone brands and convert your phone into a roving bug, even when it's off!) But is the Internet private-and should it be? Is a profile that states that you are interested in outdoor rec and currently in the Santa Clara, CA, area an invasion of your privacy? And if so, should we ban all outdoor rec stores and centers in Santa Clara from collecting personally identifiable information like, say, a picture of you when you walk in their lobby? Should we prohibit all employees from asking your name and if you slip and mention it, make sure they never call you by it?