StartPad Countdown 6 - ACLU 2.0: Demand Your dotRights

ACLU 2.0: Demand Your dotRights

Chris ConleyTechnology & Civil Liberties Fellow

ACLU of Northern California

Three Questions:

1. Why is the ACLU involved in consumer issues?

Three Questions:

2. Is protecting user privacy and free speech good for business?

Three Questions:

3. What can we do?

1. The ACLU and User Privacy

Technology & Civil Liberties

As technology advances,civil liberties will not be left behind.

2004: Facebook launched1998: Google founded1990: World Wide Web created1986: Electronic Communications Privacy Act enacted1970s: Key Supreme Court decisions

Privacy Needs a Kick-Start

Focus on User Privacy

• Proactive extension of efforts to combat government surveillance

• Core ACLU value: protecting space and freedom to choose and act

Companies and User Privacy

• Companies are gatekeepers of user information

• Uniquely positioned to protect or erode user privacy and control

Companies and User Privacy

But if knowledge = power money

why should companies care about user privacy?

2. Privacy Is Good for Business

Why Invest in Privacy and Free Speech?

Why Invest in Privacy and Free Speech?

• Build Trust and Loyalty With Customers

In a recent survey of over 1000 Americans, more than 50% said that online privacy

was

“really important”

Why Invest in Privacy and Free Speech?

Why Invest in Privacy and Free Speech?

Users in a 2008 study were “very concerned” about

• law enforcement access to data (49%)• inability to delete files or records (63%) • targeted advertising (68%)• files used for marketing purposes (80%)• files sold to third parties (90%)

Why Invest in Privacy and Free Speech?

Why Invest in Privacy and Free Speech?

Why Invest in Privacy and Free Speech?

A 2007 study concluded that users would pay $0.60 more for a $15 item in order to protect their privacy.

A 2000 study estimated the total lost revenue due to privacy fears at $6 billion.

Why Invest in Privacy and Free Speech?

• Build Trust and Loyalty With Customers• Protect Your Reputation and Relationships

Why Invest in Privacy and Free Speech?

• Satisfy Consumer Demands• Protect Your Reputation and Relationships• Avoid Expensive Lawsuits and Fines

Why Invest in Privacy and Free Speech?

• Satisfy Consumer Demands• Keep Business Partners Happy• Avoid Expensive Lawsuits• Generate Positive Press and Build Brand

Why Invest in Privacy and Free Speech?

• Satisfy Consumer Demands• Keep Business Partners Happy• Avoid Expensive Lawsuits• Generate Positive Press ... Not Negative

3. How to Design for Privacy

What Can You Do?

Keep Users Informed

• Develop a Comprehensive Privacy Policy• Post Your Privacy Policy Prominently• Follow Your Privacy Policy• Alert Users About Changes• Provide Notice Before Updates

Protect Users While Collecting Data

• Collect Only Necessary Information• Aggregate or Anonymize• Inform Users About Data Collection• Use Opt-In Before Sharing• Allow Users to Correct and Delete

Minimize Disclosures of User Data

• Comply Only Where Required By Law• Provide Notice and Opportunity to Contest• Disclose Only Required Information• Safeguard User Data• Respond Quickly to Breaches• Protect Users from Monitoring

Promote Free Speech

• Develop Content-Neutral Policies• Protect Anonymous Speech

Protect Legitimate Speech

• Draft Terms of Service to Avoid Stifling Speech

• Refrain from Monitoring Speech• Respect Free Speech in Takedowns• Allow for Fair Use when Using DRM

Make Privacy and Free Speech a Priority

• Design for Privacy and Free Speech• Build on Successes• Learn From Mistakes

Change the System

• Push for Upgraded Privacy Laws• Promote Privacy as a Social Value• Help Users Demand Their dotRights!