Media executives and TV addicts alike have been celebrating
the advent of interactive television, like TiVo and Microsoft's
UltimateTV. But the technology has the potential of turning
into a public-relations nightmare. In March, the Denver-based
Privacy Foundation reported that TiVo, a popular set-top box
that can digitally record up to 30 hours of programming, sends
nightly activity reports back to corporate headquarters. Using
a built-in modem, TiVo transmits reams of information on everything
from the console's internal temperature to users' viewing records.
Do you have a weakness for "Judge Judy" that you'd prefer to
keep secret? The folks at TiVo can find out.
The company insists that it removes the data's personal markers
and keeps only "anonymous viewing information." But Richard
M. Smith, the Privacy Foundation's chief technology officer,
says the practice conflicts with TiVo's written promise to its
customers that "all of your personal viewing information remains
on your receiver in your home."
Any of TiVo's 150,000-some users can opt out of the data collection,
but few have done so-perhaps because the opt-out instructions
are buried deep within the Byzantine literature that accompanies
the device. And while the company's privacy policy forbids the
peddling of customer information to advertisers, the manual
takes care to note that rules "may change over time."
The Privacy Foundation report, and testimony from Smith at
a House Energy and Commerce Committee hearing in April, spurred
the Federal Trade Commission to launch an inquiry into whether
TiVo violates its own data-collection guidelines. But technology
companies are well prepared to counter such government intervention.
The industry has organized to oppose legislation that would
ban any data harvesting not explicitly authorized by the customer.
Groups like the innocuous-sounding Online Privacy Alliance (OPA)-whose
members include Microsoft, AOL, and Yahoo-advocate letting the
industry regulate itself.
Among the lobby's primary targets have been state lawmakers,
particularly in California. Last year, high-tech clout helped
defeat a bill in the California legislature that would have
prohibited interactive TV providers from disclosing customers'
viewing habits. aol circulated a letter to legislators claiming
the law "would harm the development of the Internet and e-commerce,"
and the American Electronics Association (another OPA member)
spent more than $140,000 on lobbying in the three months during
which the bill was debated.
The California measure was killed in committee, but the industry
has had little time to celebrate. Over the first four months
of this year, 465 privacy-related laws were introduced in state
legislatures around the nation. If corporate data collection
becomes an "opt-in" practice, as many of those bills propose,
interactive TV will end up being far less interactive than its
creators had hoped.
Copyright 2001, Mother Jones
Join the Conversation
Please log in below through Disqus, Twitter or Facebook to participate in the conversation. Your email address, which is required for a Disqus account, will not be publicly displayed. If you sign in with Twitter or Facebook, you have the option of publishing your comments in those streams as well.
Your tax-deductible gift will help bring promising new voices and ideas into our nation's discourse, and help shape the future of vital public policies.
Join the Conversation
Please log in below through Disqus, Twitter or Facebook to participate in the conversation. Your email address, which is required for a Disqus account, will not be publicly displayed. If you sign in with Twitter or Facebook, you have the option of publishing your comments in those streams as well.