Privacy has long been an issue of public policy. However, whether public policy should dictate anything specific about privacy on the Internet is an issue of current debate. See the wikipedia entry on Internet Privacy for an overview.

In this case study, we consider a proposal recently made by the Federal Trade Commission (FTC). There are several bills currently under consideration in Congress that would make parts of the FTC proposal law. The proposal is composed of many elements, including limits on information that companies can collect, requirements on companies to secure the data they collect, requirements that companies give consumers simple choices when the company intends to share consumer information with other companies, and mandates to allow consumers access to information collected about them. We will be focusing primarily on one component of the FTC proposal -- a "Do Not Track" option.

Here are materials to prepare for the case study:

• My slides from lecture.
• Read the Congressional Research Service's Privacy Protections for Personal Information Online to get an introduction to the issue. This report was prepared for members of Congress to learn about the issue.
• Read the FTC's proposal. Read about the types of information collected described on pages ii, 23, and C-2. Carefully read the "Do Not Track" proposal on pages 63-69. Read arguments for and against the proposal by the FTC commissioners in Appendices D & E. You'll also find some good questions in Appendex A.

Here are links to media coverage:

• PBS NewsHour
• Los Angeles Times
• New York Times (here, here, and here)

Here are links to a few lobbyist arguments:

• Center for Democracy and Technology
• Electronic Privacy Information Center
• Internet Advertising Bureau
• opposing editorials in US News by the IAB and the FTC Chairman

Here is a series of articles from the Wall Street Journal that explores what information various smartphone apps collect.

You'll be able to find many more arguments on both sides by searching for "Do Not Track".

For a more general overview of Internet privacy issues, see Cybertelecom's page.

Finally, review Lobbyists arguments for or against Do Not Track in the House Energy and Commerce Committee hearing on the topic. Click on Stream or Download (skip the first 1 hour and 47 minutes) and/or click on the names of people to read their written statements.

If you are a Lobbyist:

• Pretend you are trying to convince Congress of your position. Your classmates are Senators.
• You should argue for or against the FTC Do Not Track proposal. "Privacy Pro" means you should argue for the FTC proposal. "Privacy Con" means you should argue against the FTC proposal.
• Quickly and concisely, define your position. Don't assume that the Senators know what the issue is or what your position is.
• Present your most persuasive arguments in the most powerful manner you can. However, be accurate.
• Include technical, economic, and public policy aspects. You don't need to answer all of the following questions, but you should have at least one technical argument, at least one economic argument, and at least one public policy argument.
• Technical questions:
  • When you are on a website, who can collect information about you?
  • When a facebook friend uses an app, who can collect information about you? What information?
  • What information does Google have about you?
• Economic questions:
  • Are free websites that generate income through ads a public good?
    
  • Should websites pay visitors for the information they collect?
  • What affect would the proposed Do Not Track policy have on online commerce and online advertising?
    
• Public policy questions:
  • Is behavioral advertising socially beneficial?
  • What expectations of privacy online do you have?

If you are a Staffer:

• Try to convince your Senator what is best for your constituents.
• You can argue that they should vote for the FTC Do Not Track proposal, that they should vote against the FTC Do Not Track proposal, or you can formulate your own Internet privacy law.
• Quickly and concisely, define your position. Assume that the class has heard the Lobbyist arguments.
• Include technical, economic, and public policy aspects. You don't need to answer all of the following questions, but you should have at least one technical argument, at least one economic argument, and at least one public policy argument.
• Technical questions:
  • When you are on a website, what information about you can an advertiser collect?
  • How can you control information collection through your browser settings? What can you not control?
• Economic questions:
  • If you opt-out of tracking, are you a free rider?
  • What does Google do with the information it has about you?
  • Is there reason to believe the market is heading toward more privacy protection without government regulation?
• Public policy questions:
  • Would the Do Not Track proposal decrease or increase overall consumer utility?
  • What are the benefits and harms of data aggregation?