The following text is copyright 1998 by
Network World, permission is hearby given for reproduction, as long as
attribution is given and this notice is included.
Rough seas in safe
harbors
By Scott Bradner
Network World,
11/30/98
Regular readers of
this column know my general level of distrust of
the U.S.
government's willingness to protect individual privacy in
the face of some
U.S. businesses' desire to know everything about
you and to sell that
information to anyone with enough cash.
I've commented on
the fundamental differences between the
European and
American approaches to privacy protection. The
Europeans feel that
the violation of privacy protection regulations
should be made a
crime. The U.S. government claims that such laws
offer false comfort,
so there should not be any laws to compel
protection. Instead,
the U.S. maintains we should trust that the
companies in the
data business will agree to protect your private
information when
threatened with no penalty other than bad publicity
if they are caught
lying.
We have now reached
another turning point in the privacy saga. On
Oct. 25, the
European Union's Directive on Data Protection became
effective. This directive
requires that the member states of the
European Union must
pass specific legislation to protect the privacy
of information about
individuals and to prohibit the transfer of data
that can identify an
individual to other countries that do not provide
an
"adequate" level of data protection. If the laws that are being
adopted to comply
with the directive were to be strictly enforced, no
U.S.-based business
or individual would be able to import data, such
as personnel files
or credit card transaction logs, from Europe.
The U.S. government
is currently trying to deal with this issue.
Because the
government is unwilling to pass laws to protect personal
information, it is
trying to get the Europeans to agree to a "safe
harbor" for
U.S. companies that want to import European data. The
U.S. proposal is to
publish a list of companies that agree to abide by
certain privacy
protection principles. Visit
www.ita.doc.gov/ecom/menu.htm
to see the proposal.
There are many
things wrong with the U.S. government's idea, not
the least of which
is that no credible penalty is proposed for
companies that agree
to the principles and then proceed to ignore
them. The principles
are good ones, but they are expressed in
generalities. It is
easy to see many ways that a company could evade
the privacy
restrictions.
This proposal
reminds me of an internal Boston Globe headline that
was accidentally
printed during the Carter administration. This
proposal is
"more mush from the wimp," the headline read. The
U.S. government is
being a wimp in the whole area of privacy. It is
using excuse after
excuse to avoid confronting the fact that for far too
many U.S.
businesses, personal information about you is just
another commodity to
sell to all, not just the highest bidders.
If there was serious
concern about the privacy of individuals, a
proposal of this
type would have called for clear, unambiguous laws
that would make the
unauthorized disclosure of private data a felony.
Without such laws,
this is mush.
Disclaimer: A
boathouse on the Charles River is Harvard's closest
approximation to a
harbor, so the above is my mush.