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by Mark Uncapher
Vice President
Information Services & Electronic Commerce Division 703-284-5344
muncapher@itaa.org

September 1999
  1. ONLINE PRIVACY: SNOOPER SOFTWARE TRACKS INDIVIDUAL COMPUTER ACTIVITY - Software can secretly track keystrokes
  2. TOP E-COMMERCE CEOs GROUP COUNTER INTERNET REGULATION THREAT - Paris meeting draws top CEOs
  3. JUPITER RESEARCH: PROACTIVE ONLINE PRIVACY SCRIPTING AN INFORMED DIALOGUE TO ALLAY CONSUMERS' FEARS
  4. KEY FCC DECISION ORDERS COMPETITIVE NETWORK ACCESS CONTINUED - Victory for position advocated by ITAA
  5. ITAA CALLS FOR CAREFUL SCRUTINY OF LOCAL TELECOMMUNICATIONS COMPETITION - ITAA statement on New York hearing
  6. ITAA IN ELECTRONIC COMMERCE INDUSTRY COALITION TO HELP THE DEFENSE DEPARTMENT
  7. ITAA E-MEDICINE PROJECT TARGETS HEALTHCARE INDUSTRY IT WOUNDS

1. ONLINE PRIVACY: SNOOPER SOFTWARE TRACKS INDIVIDUAL COMPUTER ACTIVITY

Up until now the online privacy issue has centered on the future use of information that consumers or browser leave at the websites they visit. However software products that allow for the remote covert detection of keystroke data may take the issue in a different direction.

A software product, Win WhatWhere software can covertly monitor all keyboard and application activity, and then invisibly e-mail a detailed report to the employees' boss. An upgraded version software, Investigator 2.0 runs silently, unseen by the end-user as it gathers exacting details on every keystroke touched, every menu item clicked, all the entries into a chat room, every instant message sent and all e-commerce transactions. According to a spokesman for the company, "People buying it the most are people in corporations who need it because they suspect something is going on in a department, so they put it on a computer for a small amount of time. You get shocking detail."

More information about the product is available at http://www.winwhatwhere.com/ Pricing runs from $99 for a single user to $5,500 for site licensing. Information on another key computer monitoring product, Peek & spy, is available at http://www.b-i.net/systemoptions/peekspy/peekspy.htm

According to news accounts, customers for the monitoring software include government agencies, private investigators, a penitentiary, and several libraries. Specific customers have included the U.S. State Department, the U.S. Mint in Denver, Exxon, Delta Airlines, Ernst & Young, the U.S. Department of Veteran Affairs, and Lockheed Martin. In one client case, a large grocery store chain suspected an employee was wrongfully taking information. Management installed the software and discovered the suspect employee was saving accounting information onto a diskette. In other cases, employees have been busted for taking client lists and sales leads.

Privacy advocates caution that employers take care before using such software. For example, eavesdropping on an employee's phone conversation with a spouse would generally be illegal. Comparable monitoring of e-mail traffic raises similar privacy issues.

Lou Maltby, the American Civil Liberties Union's director of employment rights warns: "People now turn to the Web for all kinds of information, including information about the most sensitive personal issues imaginable. If you are a member of [Alcoholics Anonymous], 20 years ago, you went to a meeting. Today, you are just as likely to talk to your support group over the Web. The same is true for incest survivors and people who are HIV positive. If you want to pry into your employees' deepest, darkest secrets, there couldn't be a better way."

Not surprisingly, Maltby says that workplace electronic monitoring calls out for new privacy legislation, although no Federal legislation to address the issue is currently pending. He also warns, "employers who practice this kind of monitoring don't have a clue as to what they are getting into."

But potentially even more frightening for employers could be the unauthorized introduction of a keystroke-monitoring product into their computers. Although clearly not the intended use of these products, it might be possible for hackers to covertly introduce them into systems in order to gather detailed information about an organization's activity.

"If it is used incorrectly, it is horrible," concedes a spokesman for the software company. "If you put it on with no suspicion or reason, that's wrong. But if you suspect something is going on with your equipment, you have every right to do this."

The issue may also have practical implications for the online industry. Many sites look to at-work visits for a large share of their visits. Were employers to actively track, and then discourage visits to non-work related sites, a significant source of online activity would be reduced.

2. TOP E-COMMERCE CEOs GROUP COUNTERS INTERNET REGULATION THREAT A key industry group is working to make electronic commerce safe for consumers. The Global Business Dialogue on Electronic Commerce (GBDe) met earlier this month in Paris, with protecting consumer privacy on the Internet high on the agenda. The GBDe was formed earlier this year with backing from 29 major computer and media corporations from the United States, Europe, and Japan. Some of the founding members include ITAA Information Services & Electronic Commerce Division member companies AOL, IBM and Fujitsu. After eight months, some 200 companies have joined. "This is an ongoing process," said Steve Case, chief executive of America Online, as well as head of the Global Business Dialog on Electronic Commerce (GBDe) told CNET. "It's hard to say when a set of rules on privacy, security, consumer protection, taxation, and other issues will be in widespread use on the Internet." The conference attracted some 435 participants, including about 70 CEOs and board members. In addition, 110 representatives from various governments around the world also participated in the conference, together with officials from about 20 international organizations such as the World Trade Organization and the Organization for Economic Cooperation and Development. The GBDe proposals include basic suggestions for dealing with harmful or illegal content such as pornography, protecting personal information, enforcing copyrights, and handling disputes between consumers and online retailers located in other countries. Most of them call for companies to regulate themselves and minimize the involvement of government or political bodies. The GBDe also expects to present a proposal within six months for the establishment of an industry-led organization for handling and mediating disputes between consumers and Web businesses. The media questioned the GBDe CEOs on how they expect to solve the perceived major differences on how people and governments around the globe look at privacy issues on the Internet. To encourage companies to use consumer data such as addresses and credit card numbers responsibly, GDBe suggested a voluntary system of "trust marks"--seals of approval that consumer groups could award to Web sites that have agreed to handle such information carefully. (ITAA is currently partnering with one program, BBBonline, in encouraging ITAA member companies to apply for the program's privacy seal.)

3. JUPITER RESEARCH: PROACTIVE ONLINE PRIVACY SCRIPTING AN INFORMED DIALOGUE TO ALLAY CONSUMERS' FEARS

A research report from Jupiter Research, Proactive Online Privacy, notes that during the past year, both the media and government regulators have paid increasing attention to online privacy. As a result, consumer concern regarding online privacy is definitely growing, although still somewhat nebulous. Given this charged environment, Jupiter concludes that online industry players need to search for means with which to both contain and shape the privacy issue before it evolves into the privacy problem. The report contends that taking a "wait and see" stance would prove disastrous from both regulatory and revenue perspectives.

As the spotlight on online privacy continues to intensify, Jupiter says sites need to ask the following questions:

  • What factors constitute consumers' online privacy concerns?
  • To what degree are consumers willing to trade personal information for increased utility?
  • What actions need to be taken to gain consumer trust?
  • What actions need to be taken to ward off government regulation?
  • What strategies around privacy should Web sites pursue?

According to the Jupiter report, 64 percent of consumers surveyed reported that they are unlikely to trust a Web site even if the site has a privacy policy posted. As a result the researchers suggest that web sites will suffer substantial revenue loss and face a potential increase in government regulation unless they take a more proactive approach and engage in an informed dialogue to shape and allay consumers' fears.

When Jupiter asked consumers to identify the top two factors that would positively affect their trust in Web sites with regard to their privacy, the option that consumers selected with the most frequency-37 percent-was that they simply did not trust Web sites with their privacy. The posting of privacy policies eased the concerns of 36 percent of consumers surveyed. On the other hand government regulation was not a popular option among respondents; only 14 percent indicated that they would more likely trust a Web site on privacy issues if the site were subject to government regulations.

Finally, a greater number of consumers surveyed indicated that they would be more likely to trust a Web site if that site posted its own privacy policy than if the site posted a third-party privacy seal such as BBBonline. This finding demonstrates the fact that third-party privacy initiatives need to do more to educate consumers about the role such initiatives play in ensuring privacy standards. These seal programs should be aiming for nothing less than 100 percent of consumers surveyed indicating that they would trust a Web site if it displayed a third-party privacy seal.

Which of the following would contribute to your trusting a Web site not to violate your privacy? (Choose three.)

To purchase a copy of the report contact Ken Male, Vice President of Global Sales at 800-481-1212, ext. 177 or kensps@jup.com.

4. KEY FCC DECISION ORDERS COMPETIVE NETWORK ACCESS CONTINUED

The Federal Communications Commission (FCC) on September 15th ordered the incumbent local telephone companies to continue to make parts of the phone network available at reduced costs. The decision was a major victory for competitive telephone companies that rely on "unbundled network elements" or "UNEs" to provide services to their customers. ITAA has long actively advocated at the FCC on behalf of competitive access.

Last January, the Supreme Court had ordered the FCC to review its UNE rules, arising out of the 1996 Telecommunications Act, that had required leased access to seven parts of the phone network, including the copper wires that run to each customer's home, switching equipment that routes calls and directory assistance.

The agency's revised list largely stayed with items on the previous list, concluding that leased access to most of the existing networks was still essential for encouraging basic competition in the local phone market. Items covered include:

  • Loops, which are the copper wires that lead into each customer's home or office, including high-capacity lines; wiring inside a building owned by GTE or a Bell, and unused or so-called dark fiber optic cable.
  • Subloops, which are portions of the wires connecting directly to customers available at any accessible point such as on a telephone pole.
  • Network interface devices, which connect a local loop to the inside wiring of a home or office.
  • Circuit switching, which is the routing of calls to their proper destination from a telephone company local office. However in densely populated zones of large metropolitan areas, the incumbent local companies do not have to lease access to switching under certain circumstances.
  • Interoffice transmission facilities, which are used to move telephone traffic among switches and telephone company offices, including over dark fiber optic cable.
  • Signaling and call-related databases, which contain information about customer lines, network architecture and other information.
  • Operations support systems, which allow new phone lines and services to be allocated and installed.
On the other hand, the FCC conceded that competitors do not need some elements:
  • Operator services and directory assistance, which help customers and give out listed phone numbers.
  • Packet or data switching, which includes the technologies used to offer high-speed Internet connections such as Digital Subscriber Line Access Multiplexers, also known as DSLAMS.

Carriers that had sought access to high-speed Internet equipment used to provide Digital Subscriber Line, or DSL, service expressed some disappointment at the FCC ruling.

``This will make it less efficient and more costly for competitors to provide advanced services like DSL,'' AT&T General Counsel Jim Cicconi said. ``This decision could, in fact, harm consumers by retarding DSL deployment, particularly in rural and underserved areas.'' On balance, though, AT&T praised the rest of the decision.

Another ITAA Information Services & Electronic Commerce Division member company, NorthPoint took a different view on the same point criticized by AT&T. "The FCC's decision not to unbundle DSL equipment encourages further investment and facilities-based DSL deployment by incumbents and competitors."

NorthPoint General Counsel Steven Gorash went on to say "The Federal Communications Commissions' decision today on unbundled network elements represents a victory for consumers and competitive local exchange carriers (CLECs) that are fueling the deployment of advanced broadband services. The FCC delivered just what American consumers and businesses need to gain the benefits of affordable, reliable broadband services such as DSL."

5. ITAA CALLS FOR CAREFUL SCRUTINY OF LOCAL TELECOMMUNICATIONS COMPETITION

In late August ITAA cautioned the State of New York Public Service Commission (PSC) on Bell Atlantic's request to provide long distance services in the state of New York. The association called for thorough oversight of Bell Atlantic's claims that it has opened its local telecommunications facilities to competitive access.

The New York State PSC heard oral arguments from companies and advocacy groups as to whether Bell Atlantic should be allowed to offer long-distance services pursuant to Sections 252 and 271 of the Telecommunications Act of 1996. Immediately following the hearing Bell Atlantic is expected to file a request with the FCC to provide inter-LATA services within the State of New York. Under that law, Bell Atlantic must demonstrate that it is treating its own local market competitors fairly before it can qualify to enter the long distance market.

"ITAA believes that safeguards against incumbents from using their monopoly power to impede competition from new entrants are needed. The high tech industry's experience is that when incumbents lack competitive incentive, they move more slowly to make advanced telecommunication technologies available," said ITAA President Harris Miller. "ITAA supports including competitive telecommunications providers, including facilitating entry by competitive local exchange carriers (CLECs) and other providers into incumbent markets."

"New York State consumers deserve the full advantages of telecommunication choice. While the long distance markets are unquestionably competitive, local telecom services are not so. The state Public Service Commission must vigilantly protect the state's businesses and individual consumers against incumbent foot dragging and other excuses intended to thwart open telecommunications markets," added ITAA Vice President and Counsel Mark Uncapher.

6. ITAA IN ELECTRONIC COMMERCE INDUSTRY COALITION TO HELP THE DEFENSE DEPARTMENT

ITAA is part of an alliance of 18 industry organizations, the Federal Electronic Commerce Coalition, that has begun an initiative to help the Department of Defense with its mission to radically change the way the Department conducts its business and administrative affairs. This initiative evolved as an outcome of a May 4th Electronic Commerce Conference, hosted by Deputy Secretary John Hamre, attended by several hundred industry and DoD personnel in which four Electronic Business issues were identified for further development:

  • Incentives for Adoption
  • Information Security
  • Performance Measures
  • Software Quality and Interoperability

The kickoff meeting for this collaborative initiative was held on September 10th at the Pentagon, at which thirty six senior industry and DoD personnel formed four issue-oriented Working Groups to develop a set of recommendations and an implementation plan for reforming DoD Electronic Business policies and practices. "We are encouraged that a broad cross-section of industry has expressed interest in assisting the Department in its effort to implement change and in accomplishing our collective goals of doing business through electronic commerce," said one of the initiatives Executive Sponsors, Stan Z. Soloway, Director, Defense Reform.

These Working Groups will involve additional industry and DoD personnel having detailed subject matter expertise as support groups are formed to research, discuss and generate recommendations for the tasks that the Working Groups will define to assist them in developing their final report to DoD. Interim and final briefings will be presented to senior DoD and industry management at EC conferences hosted by Dr. Hamre in January and May 2000. "American industry is wrestling with the same problems the DoD is facing but they are able to move much quicker in translating vision and strategy to implementation that has a positive effect to the bottom line. The DoD and industry have both the ability and need to learn from each other and partner to effect much needed change," said the other Executive Sponsor Marvin J. Langston, DoD Deputy CIO.

Five member organizations of the Federal Electronic Commerce Coalition were actively involved in the development of this initiative with the Department of Defense, and will represent the Coalition on the DoD/Industry Steering Group for this initiative:

  • Armed Forces Communications and Electronics Association (AFCEA)
  • Association for Enterprise Integration (AFEI)
  • Industry Advisory Council (IAC)
  • Information Technology Association of America (ITAA)
  • Interoperability Clearinghouse (ICH)

The Federal Electronic Commerce Coalition was organized early in 1999 to provide a consolidated voice from industry to government in the area of electronic business. "Our goals are to insure that government has access to all available industry best practices and to provide the best possible assistance to government in the implementation of these practices," said Robert Sturm, Co-chair of the Federal Electronic Commerce Coalition and Vice President, Business Development for Electric Press, Inc.

"The Coalition has had discussions with a number of government organizations, including the Department of Commerce, the National Performance Review, GSA's Federal EC Program Office and the CIO Council, to implement similar collaborative efforts as this one with DoD," added Howard Stern, the other Co-chair of the Coalition and Vice President, Government Partnerships for onehealthbank.com. "We anticipate that the Coalition will be fielding joint industry and government Working Groups to assist these other government organizations within the next few months."

7. ITAA E-MEDICINE PROJECT TARGETS HEALTHCARE INDUSTRY IT WOUNDS

ITAA 's E-Medicine project is working to increase the use of information technology in the healthcare industry. Currently, healthcare trails most other sectors in the percentage of its revenues devoted to IT spending. On September 22nd ITAA held an informal member meeting at ITAA on setting the direction the project will take. Faye Baggiano of EDS has agreed to chair the group.

On September 1st, ITAA presented a Webcast on the findings of a draft report, Getting to E-Medicine, including the report's estimate that an increase in IT spending of $18 billion would generate $120 billion in savings and improvements for the healthcare industry over a six year period. The report also identifies opportunities and barriers associated with the increase of use of information technology within the healthcare industry. Gregory Barnes, a lawyer and student at Harvard University's Kennedy School, wrote the ITAA report.