It's the free market's Orwellian answer to the digital
divide: A plucky web start-up offers, say, the cash-strapped
Jones family free internet access. In exchange, family members
allow the company to track them as they trundle around the net.
Mom shops for a new shade of lipstick; little Johnny downloads
an 'N Sync song; Dad researches that weird rash on his thigh-and
all the while, the internet service provider slices, dices and
sells the data. Call it keeping up with the Joneses.
With all the attention focused on bridging the digital divide,
new-era thinkers have overlooked the commercial and technological
trends that have given way to a new privacy rift that separates
a tiny minority of well-off, privacy-concerned net users from
a much larger, less prosperous and less informed set of consumers.
As more low-income Americans begin to realize the benefits of
going online, an increasing number are trading their privacy
for free internet access and) sometimes free personal computers.
Kmart's BlueLight.com, Freeinternet.com and the eerily named
WorldSpy (worldspy.com) now rank among the country's largest
free ISPs NetZero (netzero.com) which claims to have more than
four million subscribers, is the biggest of them. One clue as
to how much NetZero's revenue model depends on sharing user
data with other companies: Its IPO filing with the Securities
and Exchange Commission in July 1999 listed the possibility
of government regulation on privacy among the "risk factors"
that might adversely affect its business.
What's wrong with allowing low-income families to trade something
of value-their privacy-for goods and services? It's not simply
that someone's watching, but rather that companies can use the
information they collect to manipulate consumers. The more personal
data e-tailers gather, the easier it becomes to engage in price
discrimination. Under such a scheme, consumers might receive
different price quotes on goods depending on where they live
or how much they earn.
Meanwhile, just as market influences and new technologies are
conspiring to limit privacy for people of modest means, equally
powerful forces are creating a robust market in which well-heeled
consumers are buying incognito status on the net. A handful
of specialized companies such as Zero-Knowledge Systems and
Privada are vying to offer these services for as much as $60
a year. As this pay-for-privacy market develops, people who
can't afford the additional cost of anonymity are forced to
wander the internet in full-disclosure mode.
At the beginning of the new millennium, the entire notion that
the internet is The Great Equalizer-allowing users to throw
off the burden of racial, religious or economic discrimination-seems
so... 1994. Still, what's most alarming about a future in which
privacy stratifies along income lines is that companies have
an incentive to recreate the biases that many of us encounter
in our daily lives. In the United States, differential pricing
is perfectly legal unless it's specifically intended to harm
consumers or inhibit competition. But with the exception of
airline flights-where you're likely to be rubbing elbows with
travelers who paid $400 more for a similar seat-differential
pricing formats are difficult for businesses to maintain in
the physical marketplace. In 1996, for instance, Denise Katzman,
a feisty New York film producer, filed a class-action lawsuit
against Victoria's Secret after she discovered that the lingerie
company sent out virtually identical catalogs to male and female
subscribers, but offered men deeper discounts on some items.
Katzman stumbled on the price differences only because a male
coworker had left his catalog lying around the office. Victoria's
Secret said it wasn't engaging in gender discrimination; it
merely wanted to encourage men to buy frillies for their significant
others. As a result of an out-of-court settlement with the Federal
Trade Commission, the company agreed to stop its gender-based
pricing.
Such discoveries are harder to make on the internet. Consumers
visiting the same website have little way of knowing who's getting
what price or why. In one of the net's rare documented cases
of differential pricing, University of Maryland economist Joseph
P. Bailey observed that, in 1998, Books.com had been employing
a pricing scheme in which some shoppers had received deeper
discounts based on their buying behavior. Books.com showed consumers
one price for a particular book, then presented them with two
options: Either check out immediately or press a button labeled
"compare prices"; those who opted to compare prices with Amazon.com
and Barnes&Noble.com could be quoted an even lower price. (Books.com
has since been sold to Barnes&Noble.com, and there's no evidence
that the company still carries out its old pricing system.)
The scheme was a crude foreshadowing of things to come. "The
dynamically rendered pricing example of Books.com may seem benign
or even beneficial to consumers at first," Bailey wrote in a
recent paper on internet price discrimination. "However, internet
retailers may use complex consumer information, along with shopping
behavior, to go beyond a binary separation of consumers who
compare prices and those who do not. The ability of computers
to store and process large amounts of information may make other
forms of price discrimination possible, and very profitable,
for internet retailers. Jay Stanley, an analyst with Forrester
Research, notes that, as far as the poor are concerned, "a teen
profiled as an inner-city minority will be offered the worst
prices for online goods-because he's unlikely to be an affluent,
high-value customer-and dumbed-down content, because his demographic
isn't seen as sophisticated."
Zero-Knowledge president and cofounder Austin Hill doesn't
foresee an online privacy gulf between rich and poor. Rather,
he believes that ISPS will soon realize the value of privacy
and start to bundle cloaking features like his into their internet
services. "If privacy is only going to be for people who can
afford it, we will have failed our mission," he says. "Our goal
is to be as ubiquitous as AOL." Until then, real privacy costs
extra ."The risk," says Deirdre Mulligan, a privacy advocate
with Washington's Center for Democracy & Technology, "is that
privacy could be affordable to some, but out of reach for many."
It's not surprising that privacy advocates didn't anticipate
this burgeoning digital disparity. Much of their activism has
focused on. privacy violations against middle-and upper-income
consumers. The rationale? The well-to-do have-and spend-more
money than their less prosperous counterparts, and, as a result,
corporations expend more time and capital seeking out their
personal data. Fair enough, but low-income consumers are still
important to many companies. Consider a joint 1999 study between
Pricewaterhouse Coopers and the Initiative for a Competitive
Inner City, which showed that inner-city consumers have $85
billion in annual spending power. The bulk of this money is
likely to go toward basic consumer goods, such as food, beverages
and personal-care items-the very products that Madison Avenue
markets most aggressively. In a new era of easily gleaned digitized
information, it's becoming more cost-effective to commission
a marketing study that reveals why a low-income family might
choose Coke over Pepsi, Bic over Gillette, or Pampers over Huggies.
Privacy advocates are at odds over whether to take up this
new cause. In part, they see any action as potentially patronizing
toward the poor. There's another twist, too, according to Dr.
Ann Cavoukian, the Ontario government's information and privacy
commissioner. "The poor are disproportionately disadvantaged
in this area, but it's better than the status quo, in which
no one benefits when companies use their personal information."
Though privacy remains a much-discussed topic in Washington,
no clear solutions are in sight. It would be wise to set limitations
on how companies use consumer data once it's obtained. Whatever
the case, federal regulators, privacy advocates and corporations
should consider the changing nature of internet privacy. As
it stands, it is lower-income families-not the middle class
or the affluent-that have the most to lose.