Brin declared that “the number one” privacy issue was “stuff that is untrue about people on the Web.” Because information “travels so fast” online, and because “anyone can publish anything,” these untruths gain currency. The number two privacy issue, he said, was the “hijacking of credit cards.” He dismissed concern about the information collected on cookies “as more of the Big Brother type”-in other words, fantasies. “Do they [users] trust what you’re doing? That’s not so much a privacy issue.” By this logic, if we trust Google, there is little reason to fear they will misuse our data. Afterward, at a small press lunch with the founders and Schmidt, Page signaled his agreement with Brin. “Sergey is just saying there are practical privacy issues that are different than the ones debated.” As was true when the founders pushed to add a delete button and allow Google’s Gmail scanning technology to more aggressively deliver ads when users typed certain keywords and to forgo a delete button-a mistake Brin told me showed “we just weren’t good” at anticipating fears, but “I think we’ve now learned”-once again, Brin and Page displayed an inability to imagine why anyone would question their motives and a deafness to fears that can’t easily be quantified.
CHAPTER TEN. Waking the Government Bear
While a full chorus of incensed media-advertising agencies, publishers, newspapers, television and telephone companies, and tech companies like Microsoft-complained about the growing power of Google, the Bush administration, steadfast in its belief that a free market provides its own regulation, was silent. Stepping into this breach was Brooklyn-born public interest advocate Jeffrey Chester, executive director of the Center for Digital Democracy in Washington, D.C. Chester founded this two-person organization with an annual budget of two hundred thousand dollars in 2001. He has mounted a ferocious campaign to induce the world’s governments to handcuff Google. Its first petition was filed before the FTC in the fall of 2006, prodding them to investigate how online marketing encroaches on privacy. In the spring of 2007, Chester, then sixty-two, began to press for an antitrust investigation of the rapid consolidation of the online advertising sector, and urged the FTC to reject Google’s proposed merger with DoubleClick. He petitioned the European Commission to do the same.
A voracious reader of trade publications, Chester became obsessed by what he saw as the pernicious power of the Internet to compile data on consumers. Chester is difficult to ignore. His Brooklyn-accented voice is loud and piercing. He hounds people. He speaks passionately and rapidly, leaping in midsentence from privacy to monopoly to a conversation he had that morning with an FTC staffer. He wears horn-rims and short-sleeved shirts with the neck open and the pockets bristling with pens. His tiny office on Connecticut Avenue is adorned with movie posters that assail McCarthyism and corporate power. He has little regard for the advertising industry, but knows that if he railed against commercialism and consumerism it would open him up to attack as a left-wing former social worker, which, of course, he is. So he sticks to the privacy issue. “The basic model for interactive advertising,” he said, “combines this very powerful data-collection business designed to know your interests in a daily, updated way that is then utilized to create very powerful multimedia to get you to behave in some fashion, whether it’s buying a product or liking a brand.”
Marc Rotenberg, the executive director of the Electronic Privacy Information Center, rents a single office to Chester ’s organization and works just down the hall. He is in nearly all ways Chester ’s opposite. He wears charcoal business suits and has degrees in law and computer science; no pens can be found in his shirt pockets. But he and Chester work closely together to advance privacy protection measures. Rotenberg believes the central question should not be, Is Google invading people’s privacy? Rather, it should be, Why does Google need to collect all of this information?
GOOGLE’S SERVERS NOW CONTAIN a tremendous amount of data about its users, and this database grows exponentially as search and a variety of Google services multiply. With the latest techniques to discern what really motivates consumers-often categorized as “behavioral targeting”-companies and advertisers will know even more. Some forms of such targeting are widely seen as helpful, such as when Amazon extrapolates from the browsing and purchase histories of a customer to recommend books. Other forms might be alarming to the lay consumer. New technology will allow cameras built into television set-top boxes to be armed with algorithmic models that read our facial expressions and tell advertisers what we do and don’t like; Nielsen is investing in brain reading-called NeuroFocus-which is meant to take the guessing out of why consumers react to what they see on a screen or read or listen to.
New smart phones collect enormous amounts of data. Mobile telephone companies gather and store digital data on calls made and received and how long each lasted. In addition, the chips in the phone’s GPS track a user’s location, the length of stay, and other mobile users she is in touch with. Tapping this sort of data is known as reality mining, and is a cousin to Brin’s data mining. Although telephone companies don’t share the names of customers, they have begun to sell this data to companies seeking to market products. Phorm, an American company with offices around the world, proposed to go one step further, approaching telephone and broadband Internet service providers with software that tracks each consumer’s online activities, so that a nameless portrait of each consumer can be created. In return for supplying the data, the telephone and cable companies can open a new revenue spigot. By late 2007, Phorm had done three deals in England that yielded data on two-thirds of Britain ’s broadband households.
Publicity about Phorm aroused the ire of Tim Berners-Lee, a senior researcher at MIT and the inventor of the World Wide Web. Because Berners-Lee refused to patent his invention, to cash in financially, or to become a talk-show celebrity, his opinion carries heft. In a rare interview with the BBC, Berners-Lee expressed outrage: “I want to know if I look up a whole lot of books about some form of cancer that that’s not going to get to my insurance company and I’m going to find my insurance premium is going to go up by 5 percent because they’ve figured I’m looking at those books.”
The data did not belong to Phorm or the telephone or cable company, he said. “It’s mine-you can’t have it. If you want to use it for something, then you have to negotiate with me. I have to agree.” This seemed to be the view of many European Union officials, for they were gathering evidence to determine whether to impose restrictions on this practice.
Because the financial rewards will be so huge if corporations can capture and use this data, pressure to do so will increase. Describing the effort to track the identity of an online user, Irwin Gotlieb invokes an imaginary user searching for an SUV: “If you’re searching for an SUV and you price out a couple of them and you go to a site that requires you to register, I now have your name. If you want pricing, dealer costs, you’ve got to give me your name, your e-mail address. Now as soon as you do that, we’ve got more on you. There are lots of ways we can track you. If I’ve identified you with your address, I can go to DMV records and see what cars you own. I can then go to Experian and see what your credit history is. And if I find out you’re in the last month of a thirty-six-month lease on a Land Rover…” He doesn’t finish the sentence but smiles, as if he’s trapped his prey. “I can’t do that today. In a few years I can.”
There’s no question that new technologies spur ways to improve services, and also to quietly redefine privacy. A home becomes less of a castle. Google’s Street View has cameras on city streets that reveal street activity and traffic-and also license plate numbers and the faces of a passersby. If you know the address of a celebrity (or an old girlfriend), it allows close-ups. Similar closed-circuit television cameras on streets and in stores help police solve crimes, but might also catch an old paramour or celebrity smooching. Cell phones help parents track the location of their children, but can track much more. Part of YouTube’s appeal is that it shares private moments. Facebook is a glass house, a complaint sometimes voiced by parents of teenagers who share their sexual exploits. Marketing companies create ads that annoyingly pop up when people are online, offering a premium-free telephone calls-in exchange for permission to monitor your activities.