[Politech] Competitive Enterprise Inst.: Government should leave Gmail alone [priv]

From: Declan McCullagh (declan@private)
Date: Thu May 13 2004 - 12:17:27 PDT

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    http://cei.org/gencon/019,04014.cfm
    
    
    Google Gmail Jousting
    Crews Op-Ed in The Washington Times
    by Clyde Wayne Crews
    May 11, 2004
    
    
    The Google Internet search engine embodies the classic tale of the 
    garage-based startup taking on industry Goliaths (like Yahoo) and 
    winning.  Upcoming is a likely $25 billion initial public offering.
    
    
    But Google isn't without detractors.  Some fear Google's supposed market 
    dominance. Still others object to the particular mechanics of Google's 
    search technology, which ranks a given Web page based on the number of 
    other pages linking to it.  Some even think Google tinkers 
    inappropriately with search results.  But Google was vindicated after 
    being sued by rival Search King, which alleged manipulation of search 
    results to lower its ranking.  According to the judge, "page ranks are 
    opinion," and protected by the First Amendment.
    
    
    The latest debate has arisen over the potential privacy hazards of 
    Google's new e-mail service, "Gmail."  Other search engines, like Yahoo, 
    have long offered free e-mail.  Latecomer Google plans to offer a full 
    gigabyte of e-mail storage, many times that available today from the 
    popular Yahoo and Hotmail free services; their few megabytes are 
    consumed by a song file or a few attached documents.
    
    
    But nothing is free: The Gmail tradeoff is that e-mails a user receives 
    will be scanned by machine and advertisements, based on trigger words, 
    will appear within one's browser.  The method is rather like the 
    tailored ads that appear whenever one searches the Web, except that it 
    responds to key words or phrases typed in the body of a message.  If 
    your correspondence mentions NASCAR or The Dixie Chicks, for instance, 
    you might see ads for motor oil or a concert tour. Google promises that 
    Gmail messages will remain private.  Yet over two dozen unconvinced 
    groups have demanded that Google abandon the approach.  But as the 
    Progressive Policy Institute has pointed out, any e-mail provider that 
    wants to scan e-mails can already do so; mail scanning is already common 
    in spam filters.  So Gmail is not exactly an invasion of privacy.
    
    
    Nonetheless, it can be risky to store so much of one's personal or 
    business correspondence online, as Gmail's ample storage would 
    encourage—but that is a cybersecurity issue existing entirely apart from 
    Gmail.  Security problems abound on the Internet at large.
    
    
    Another controversial Gmail feature is that e-mails may remain on 
    Google's servers even after the user deletes them from view.  That could 
    make an attractive target for hackers, and might be something Google 
    changes simply because of user objection.  Of course, just about 
    anything posted online elsewhere lives forever.  The Wayback Machine 
    stores outdated and vanished Web pages for posterity; and, years ago, it 
    was apparent that one's newsgroup postings were immortal in cyberspace.
    
    
    
    Users must weigh the tradeoffs.  Indeed, if you're a Gmail user, your 
    friends might recoil at sending a message to your Gmail address until 
    more assurances are forthcoming.
    
    
    The competitive marketplace can resolve these tricky matters. However 
    some lawmakers are needlessly butting in already.  Despite the tech 
    downturn, California, unfortunately, can be counted on not to outsource 
    bad legislation: State Sen. Liz Figueroa, who thinks Gmail is "an 
    absolute invasion of privacy," is drafting legislation to ban the service.
    
    
    The idea of government, which routinely invades individual privacy, 
    acting as a defender of e-mail privacy, is preposterous.  The Patriot 
    Act gave the government enhanced "trap and trace" capabilities of our 
    private e-mail.  Granted, the inability to delete Gmail messages is 
    worrisome, and Google may rethink this subpoena-friendly tilt toward 
    Patriot Act-style invasiveness.  But we need not ban Google's offering; 
    we can simply use another e-mail service—or ask Google to improve it.
    
    
    Government ought not to ban novel services that awkwardly express 
    inherent capabilities of the Internet; we can hammer out norms, and 
    improve our lot without misguided legislation.  Consumer acceptance or 
    rejection of Gmail is not a public policy matter, but a private one. 
    Indeed, Gmail promises more services to those least able to otherwise 
    afford them.
    
    
    It wouldn't be surprising to find Google competitors (there are dozens 
    of search engines available worldwide, according to the Search Engine 
    Collossus) applauding the outrage over Gmail.  But the Internet is about 
    experimentation.  Let's see what folks are comfortable with; nobody can 
    make us use Gmail.
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