The Do Not Track Me Online laws: creating a ceiling when the sky's the limit and we are halfway to heaven

摘要

This comment examines a recent Wall Street Journal article discussing proposed plans of MasterCard or VISA to provide customers with targeted ads as they surf the Web using information attained by tracking customer purchases in brick-and-mortar stores. Since the online behavioral advertising industry is largely self-regulated, this raises concerns as to whether the companies amassing this information are giving customers adequate disclosure of their collection and dissemination practices and an opportunity to give sufficient informed consent. The lack of legislation specific to these practices, or regulatory oversight, has paved the way for organizations to race to discover increasingly intrusive ways of compiling consumer information. Finding a balance between an individual's right to privacy and commercial access to personal information represents the fundamental regulatory issue that needs to be resolved. The Do Not Track laws proposed by Representative Jackie Speier of California in February of 2011 represent a good start to creating this balance. This comment will examine the specific plans proposed by VISA and MasterCard, discuss the current regulatory status of online behavioral advertising, and conclude by arguing that the proposed Do Not Track laws provide the appropriate balance between consumer privacy protection and marketing needs.