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Copyright 1999 The New York Times Company  
The New York Times

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March 1, 1999, Monday, Late Edition - Final

SECTION: Section C; Page 4; Column 1; Business/Financial Desk 

LENGTH: 969 words

HEADLINE: TECHNOLOGY: Digital Commerce;
Personal information is like gold in the Internet economy, and the rush is on to both exploit it and protect it.

BYLINE:  By Denise Caruso 

BODY:
FOR the last few weeks, the data privacy battle has been waged with such fury that privacy advocates have not known whether to cry, cheer or simply assume the fetal position.

Personal privacy -- the disposition of all those pieces of information that computers hold about each of us -- has been debated in the electronic world for almost two decades. Although the issues are complex, the bottom lines have always been pretty clearly drawn. People and companies that sell personal data want to be able to collect and distribute it pretty much with abandon, and they fight like cornered weasels at even the suggestion of government regulation.

Yet, most people on line -- 87 percent in a 1997 Georgia Tech survey -- want "complete control" over their personal data. And if they feel violated by data collectors, they often scream bloody murder.

In 1991, for example, the Lotus Corporation was forced to cancel shipments of Marketplace, a CD-ROM data base, after receiving thousands of angry E-pistles from people who took grievous offense at the data base's content: the names, addresses, income levels, numbers of children and other data for every household in the United States.

More recently, privacy advocates wrested a hollow victory from the Intel Corporation, after the company announced that its new Pentium III chips contained embedded electronic serial numbers for authenticating documents, E-mail and copyrighted material. Watchdogs warned that the numbers could be used to identify a computer to prying software, or to allow companies or agencies to track a person's movements across the Internet.

Intel refused to remove the number, but agreed to provide software that hides it behind a digital fig leaf, software that some say has already been compromised.

And the California Legislature, often a bellwether for technology issues, is considering more than a dozen privacy laws, including one that would restrict the collection and disclosure of personal information by government, business or nonprofit organizations. It specifically includes information gathered via Internet sites.

Still, plenty of others are rushing to cash in on the data gold rush.

Privacy advocates were extremely cranky after discovering that Florida, South Carolina and Colorado were selling residents' driver's license information to a New Hampshire-based company, Image Data L.L.C.

They were even more outraged to discover that the Secret Service had financed another private company's efforts to develop a national data base of driver's license photographs.

And in the most telling testament yet to the commercial value of personal data in the Internet economy, a start-up called Free PC announced that it would provide a free Internet connection and a free Compaq computer to anyone willing to "apply" by answering a detailed questionnaire and then accepting constant bombardment by advertisers based on the personal profile created from the questionnaire.

Rich Le Furgy, chairman of the Internet Advertising Bureau, an industry group, said that advertisers haven't even begun to tap the Internet's potential. They are now investigating how to aim promotions at individual consumers based on their on-line behavior: vendors want to co-market products in much the same way that convenience stores did after discovering, for example, that people who buy beer also often buy diapers at the same time.

Not exactly music to the ears of a privacy-sensitive consumer. Obviously, on-line advertising organizations find themselves straddling a very pointy fence between companies that pay for advertising and customers who are subjected to that advertising. The constituencies have very different viewpoints, and finding a solution palatable to both is not a task for the squeamish.

For example, Mr. Le Furgy said "it would be a beautiful thing" for consumers to control their personal data -- especially if it meant avoiding legislation and regulation.

"Privacy is an enabler of commerce," he said. If consumers can get money for their personal information and still control it, "they'll be much more willing to provide it."

In fact, a new breed of Internet company is already making a business of that concept.

These companies, known as infomediaries -- a term coined by John Hagel, co-author of "Net Worth: Shaping Markets When Customers Make the Rules" (Harvard Business School Press, 1999) -- will step in and help consumers regain control of their personal data.

For a price, of course.

A recent Wired News feature predicts that an up and coming pack of these entrepreneurs will "cut the consumer in" on the deal when information about them is bought and sold. Infomediaries keep a percentage for themselves for providing the security mechanisms by which consumers can control exactly who buys their personal data and for what purpose.

But some privacy advocates would eliminate even the infomediary and pass laws granting consumers not just civil rights to their privacy, but property rights to their private data, ending the free-market eminent domain that data marketers have exploited for decades.

Citing a Virginia law that forbids the use of anyone's name or likeness without permission, Ram Avrahami, a business consultant, unsuccessfully sued U.S. News & World Report in 1996 for selling his name to another magazine. At the time, Mr. Avrahami's opponents ridiculed him for suing over 8 cents, which is what the magazine had paid for his name.

"The point is this: It's 8 cents for me, for you, for 100 million other Americans, which becomes big money," said Mr. Avrahami, who has since become a leading advocate of private data ownership. "Think of it this way: Free PC proves that our personal information is worth hundreds of dollars. Now, who should get those dollars, if not us?"
 http://www.nytimes.com

GRAPHIC: Drawing (Tom Bloom)

LOAD-DATE: March 1, 1999




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