Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 

advertise-here4


Slip Opinions


Groundhog Day. (fp)

Banned in Tucson. (kw)

The Best and Worst of 2011 in Race and Law (kw)

Tortured to death for trespassing. (fp)

Drones of contention. (fp)

DOJ still coddling banks. (fp)

Creative destruction? Thank banks. (fp)

Blog about a new book, on how to talk to little girls--stressing smarts not cutes.   LAC

Macey on the heroic Rakoff. (fp)

Captured NY Fed. (fp)


solicitors

Our Podcast

Subscribe to Law Talk

law-rev-contents2.jpg


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments


    • Joe on What Exactly is Wrong With Polygamy?

    • Phil on What Exactly is Wrong With Polygamy?

    • Lee on Lifecycles and the Firm

    • Car accident claim lawyers on Symposium Next Week on "A Legal Theory for Autonomous Artificial Agents"

    • Andrew MacKie-Mason on Can't the Supreme Court Just Say No to Cameras?

    • Joe on Employment Division v. Smith is Wrong

    • Shag from Brookline on Employment Division v. Smith is Wrong

    • Joe on Employment Division v. Smith is Wrong

    • Joe on Super En Banc in the Ninth Circuit

    • Shag from Brookline on Employment Division v. Smith is Wrong

    • G. Calamita on Symposium Next Week on "A Legal Theory for Autonomous Artificial Agents"

    • Joe on Super En Banc in the Ninth Circuit

    • Howard Wasserman on Can't the Supreme Court Just Say No to Cameras?

    • Gerard Magliocca on Super En Banc in the Ninth Circuit

    • Mike on Super En Banc in the Ninth Circuit
  •  

    Site Meter

    About the Blog

    Concurring Opinions is a multiple authored, general interest legal blog.

    (Image: Wikicommons)

What Is Online Privacy Worth?

posted by Deven Desai

It is an old question (at least in Internet time): What is online privacy worth? Yet there seems to be a new wrinkle. Not just the Web sites or search companies want to track what one surfs. ISPs are now in the Web tracking game and stand to make “several dollars per month” per customer. When there are millions of customers for an ISP that can be some serious money. For example, if a company has 10 million customers and could gain even an extra one dollar per customer per month — well you can do the math. (Fine, here’s the math: $120 million). So it may be time for ISPs to live the dream. According to the New York Times NebuAd can help an ISP track its customers surf habits, then serve up ads based on those patterns, and pay the ISP for that privilege. Per the Times

Here’s how the system works: NebuAd installs a hardware device it has designed inside the network of I.S.P.s One device can monitor all of the information going to and from 30,000 to 50,000 users. The device associates the information it sees with the I.P. address of the user.

A month ago NebuAd refused to discuss with whom it had partnered but claimed to “soon be monitoring the activities of 10 percent of Internet users in the country, mainly customers of small and medium Internet service providers.” Now, however, NebuAd has partnered with Charter Communications which is the fourth largest cable provider in the U.S. Charter told its customers about the change in a letter which in classic corporate spinese called the change a way to provide “an enhanced online experience that is more customized to your interests and activities.”

The system is opt-out. When challenged by The Times’ Saul Hansel about using opt-out rather than opt-in, Ted Schremp, Charter’s senior vice president for product management and strategy, claimed that opt-out is the norm for targeted ads on the Internet. That idea alone is worth researching. (Then again shame on the New York Times for checking the “remember me on this computer” box rather than leaving it blank.)

So how much could Charter make from Web browsing? Apparently “several dollars per month for every user that is monitored.” Let’s allow several to equal three dollars a month per customer. Now suppose Charter proceeds to turn all its 2.8 million customers into NebuAd surfers but two-thirds choose to opt out. Charter would still stand to make around $2.8 million per month or $33.6 million per year. Not a bad haul for connecting someone to the Internet. Put differently, under this system one will pay for the privilege (usually around $50 per month) of letting a company make money off what one does online.

How will all this play out? Most likely the apostles of the market and choice are lining up to share the good news that both are not coming but here. Of course whether a customer has a real choice in her home between two let alone more ISPs is up for grabs depending on where one lives. Furthermore, as ISPs seek more income (which is their duty) would the competitors really test the market? Or would they all install NebuAd style deveices and then charge for not having one’s surfing tracked (remember that do not list fee for your phone number?)? Talk about a bad default rule.

The bigger issues here are net neutrality and privacy. The discussions of those topics sometimes become quite abstract. Maybe bringing home how they intersect and impact the individual user will rally the populace against poor policies. Then again, if they give me a discount card, well heck, that could make me happy to pay for the privilege of giving up me privacy.

cross-posted at Madisonian


 May 15, 2008 at 1:41 pm   Posted in: Privacy   Print This Post Print This Post

Responses (2)

  1. Logical Extremes - May 15, 2008 at 4:49 pm

    This issue also arose a little over a year ago when there was an admission at a conference that ISPs were already doing this, with an estimate of $0.40 per user per month, being sold at that rate to 10-12 different buyers. Wired collected data from various US ISPs on whether they did or didn’t sell their users’ clickstreams. Some supplied data, some didn’t.

    It’s bad enough for the NSA to track every click. Consumers should definitely have some easy options for not being tracked commercially.

  2. Deven - May 15, 2008 at 11:22 pm

    Dear Logical

    Wow. Thanks for the information. I wonder whether NebuAd is paying much more to gain market share or whether they can afford it because of a better product or maybe it is both.

Leave a Reply

Spam protection by WP Captcha-Free


  • « Previous post
  • Next post »

Authors

Daniel J. Solove
Kaimipono Wenger
Dave Hoffman
Frank Pasquale
Deven Desai
Danielle Citron
Lawrence Cunningham
Sarah Waldeck
Jaya Ramji-Nogales
Solangel Maldonado
Gerard Magliocca

Guests

Derek Bambauer
Gabriella Coleman
andré douglas pond cummings
David Gray
Brishen Rogers
Joseph Turow
Elizabeth A. Wilson













Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Marvin Ammori
Michelle Anderson
Laura Appleman
Taunya Lovell Banks
Ann Bartow
Steven Bellovin
Adam Benforado
Gaia Bernstein
Francesca Bignami
Josh Blackman
Joseph Blocher
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Ryan Calo
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Glenn Cohen
Jennifer Collins
Caroline Mala Corbin
Thomas Crocker
Allison Danner
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
Maxine Eichner
Jessica Erickson
David Fagundes
Lisa Fairfax
Joshua Fairfield
Christine Haight Farley
Kim Ferzan
Dan Filler
Mary Anne Franks
Michael Froomkin
Amanda Frost
Brian Frye
Timothy Glynn
Rachel Godsil
Eric Goldman
Kyle Graham
David Gray
Craig Green
Tristin Green
Jonathan Hafetz
Meredith Harbach
Michelle Harner
Jeffrey Harrison
Hosea Harvey
Erica Hashimoto
Jennifer Hendricks
Carissa Hessick
Laura Heymann
Robert Hillman
Gilbert A. Holmes
Nicole Huberfeld
Christine Hurt
Darian Ibrahim
Sherrilyn Ifill
John Ip
Shavar Jeffries
Kevin Johnson
Kristin Johnson
Jeff Jonas
Courtney Joslin
Dan Kahan
Jeffrey Kahn
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Alicia Kelly
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Alex Kreit
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Youngjae Lee
Margaret Lewis
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Matthew Lister
Joseph Liu
Michael Madison
Kevin Noble Maillard
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Viva Moffat
Scott Moss
Eric Muller
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Angela Onwuachi-Willing
Michael O'Shea
David Opderback
Kristen Osenga
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
Michael J. Pitts
Marc Poirier
David Post
Amanda Pustilnik
Shruti Rana
Geoffrey Rapp
Neil Richards
Lori Ringhand
Alice Ristroph
Marc Roark
Sasha Romanosky
Tuan Samahon
Susan Scafidi
David Schraub
Paul Secunda
Jonathan Siegel
Jessica Silbey
Peter Smith
Judd Sneirson
Adam Steinman
Charles Sullivan
Rick Swedloff
Olivier Sylvain
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Steve Vladeck
Ari Waldman
Spencer Weber Waller
Howard Wasserman
Melissa Waters
Frank Wu
Alfred Yen
Corey Yung
David Zaring
Timothy Zick
Michael Zimmer
Jonathan Zittrain

Ownership

Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

Blogroll

Above the Law
Access to Justice
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Derechoalderecho
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Just Books
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
TeachPrivacy Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress