FC: Politech members criticize ACT privacy survey; ACT replies

From: Declan McCullagh (declanat_private)
Date: Wed Jun 27 2001 - 16:04:22 PDT

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    [ACT is a free-market leaning group, probably the only one exclusively 
    focused on general tech policy here in DC. You may disagree with ACT's 
    political views -- and I have on occasion -- but Jonathan is doing his best 
    to represent his members' needs by advocating a hands-off approach. You can 
    see some of his previous Politech contributions here: 
    http://www.politechbot.com/cgi-bin/politech.cgi?name=zuck --Declan]
    
    **********
    
    Date: Wed, 27 Jun 2001 16:19:34 -0400
    To: declanat_private, politechat_private
    From: "Robert (Bob) J. Aiken" <raikenat_private>
    Subject: Re: FC: ACT poll of 1,001 voters says no new privacy laws, please
    In-Reply-To: <5.0.2.1.0.20010627150823.021238c0at_private>
    
    This survey is meaningless.
    
    Why are the questions not all posted? Even a high school kid of today would 
    be askin questions about how the "poll" was taken - was it truly 
    random?  Also - everyone knows that you can easily rig a poll result 
    through the choice of the questions - for instance -
    
    "-    71% of respondents agree that educating users and giving them tools 
    to protect personal information is better than having
             one-size-fit-all government rules"
    
    How many people will choose a "one size fits all government rules" against 
    anything else-  when asked this way ? They would rule against the FAA and 
    air traffic control with a similar comparison - BUT if you asked them would 
    they want a consistent and enforceable set of privacy policies nationwide 
    (or in case of Air traffic - a nationwide system that ensured safety) you 
    will get a different set of results. These questions were obviously worded to
    get a certain result.
    
    And then this email subject line -  - it says no new privacy laws please, 
    but they really were saying enforce the ones we have 1st  which are NOT
    being enforced - I bet you that when they don't work they will want
    something later and it will be to late.
    
    Another view - think about if we decided to put safety belts in cars based
    on a survey like this but in lieu of asking about new laws for privacy you
    asked about new laws to mandate seat belts. The public would have chosen
    everything else above seatbelts then and maybe even  now with the wording 
    chosen in this "poll".
    
    this poll is a joke.
    
    bob aiken
    
    CISCO SYSTEMS  Bob Aiken, Manager
       :     :     University Research, Office of the CTO
    .:|:...:|:..  6519 Debold Rd., Sabillasville, Md. 21780,USA
    1-301-271-2919(v),1-240-461-1744 (mobile), raikenat_private
    http://www.cisco.com/go/research
    Be the Packet!
    
    **********
    
    From: "Ben" <bmwat_private>
    To: <declanat_private>
    Subject: Re: ACT poll of 1,001 voters says no new privacy laws, please
    Date: Wed, 27 Jun 2001 16:38:58 -0400
    
    People are supposed to trust these results, when they come from an
    organization comprised of businesses that can profit from lack of privacy
    regulations? An organization who's goal isn't to show any objectivity, or to
    protect peoples' rights -- who's own about page states that "ACT members
    share a preference for market-driven solutions over regulated ones", and
    that their purpose is to shape their future by lobbying on capitol hill. The
    specific survey isn't even shown as far as I can see, so how am I or anyone
    else to know how the issues were represented, or misreprestented. You know,
    why don't the guys at ACT just spit in consumers' collective face? It would
    be a lot more straightforward.
    
    **********
    
    Subject: A few words from an unashamed champion of businesses and market 
    based solutions
    From: "Jonathan Zuck" <jzuckat_private>
    To: "Declan McCullagh" <declanat_private>
    
    Bob and Ben raise some interesting points and some legitimate concerns
    so I'm happy for the opportunity to address them.
    
    First on the poll itself, I agree that there are lots of bad polls. We
    made an effort at least to be different here. We all saw the reference
    to Solveig Singleton and Jim Harpers excellent critique of polling on
    the privacy issue and are sensitive to those concerns  (see
    http://www.cei.org/PRReader.asp?ID=1525) . So, for your reading
    pleasure, here are some links to the actual poll  questionnaire, answers
    to our unprompted questions, and some interesting stuff like crosstabs.
    
    Survey topline results: http://www.actonline.org/pubs/polls/toplines.pdf
    Q11 verbatim responses: http://www.actonline.org/pubs/polls/q11.pdf
    
    Q18 verbatim responses:  http://www.actonline.org/pubs/polls/q18.pdf
    
    CrossTabs:  http://www.actonline.org/pubs/polls/crosstabs.pdf
    
    I'm anxious to receive feedback on better wording for a future poll that
    helps to eliminate bias from either direction.
    
    Second, to Ben's observations about the source, I'm forced to agree that
    we are an organization that represents IT businesses. Where we don't
    agree is that the interests of businesses and consumers are necessarily
    mutually exclusive or that the government has the answers. With the
    almost clandestine passage of the Children's Online Privacy Protection
    ACT (COPPA) and subsequent interpretation by the FTC, a situation was
    created where compliance costs forced companies with legitimate
    children's content out of business (yes, two ACT members) while
    providing questionable protection of children's privacy. In fact, in
    most cases, compliance required collecting MORE information from users
    than before, making it easier to sign up for an adult site than a
    children's site.
    
    Accordingly we feel it is legitimate to assess the  cost we pay for
    regulation in the context of the protection we ultimately receive. The
    completely SPECIOUS distinction being drawn by many between the online
    and offline collection of data is just such an example. It will take one
    of our little online retailers a hundred years to collect as much
    information on consumers  as Sears  has already  collected . Who exactly
    are we trying to protect? Consumers or big offline companies, worried
    about the competition brought by the Internet?
    
    As Ben reported, ACT member support market based solutions over
    regulatory ones. If consumers put our member companies out of business
    because they don't like the way they do business, you won't hear a peep
    from us. If the government puts our members and others out of business
    because of the self interested advocacy of a few lobbyists, thereby
    removing the choice from consumers, we will indeed scream and yell. That
    IS what we have been charged to do.
    
    **********
    
    
    
    
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