Re: Open Letter To Ivan (was RE: Collecting Information From Clients)

The open letter brings up a valid point.
The point here, once again is, What is New?

You spend a lot of time trolling for business.  The awards you speak of are
old awards.

> The Internet is about protecting rights, making deals and marketing.

Maybe your small corner of the internet is about protecting rights, making
deals and marketing.  All valid concerns if the universe of the internet is
a playground for marketeers, hucksters, advertisers and snake oil salesmen.

But your corner is real small and getting as more people get online.

> And when it comes to privacy and collecting information, this is a big
> issue and the federal government and many state governments are looking
for
> ways to levy heavy fines.

I  think that looking to levy heavy fines is an overstatement.

The issue is Your Rights of Privacy.

 If looking at the internet  is only a commercial enterprise, by all means
write up all those disclaimers that disavow any third part use of the
information collected through multiple site persistant cookies.



while you are at it, you should make sure that your clients receive a cut of
all subsequent sales of this marketing information.

Don't forget the bit about making the information obtained available to
their subsidiaries, vendors, business partners, and every maillist company
with a checkbook.
Also make sure that, the disclaimer is vague enough, so when folks get fed
up and sue, you can collect another fee!

=====Topic Drift++++++++

>Indeed, if a site violates the Children's Online
> Privacy Protection Act the operators could in liable for fines of up to
> $11,000.00 per violation.   If you, as a designer, don't know anything
> about COPPA and fail to advise your clients about it, perhaps you can be
> sued by the client for breach of your duty to the client.

Well let's look at that one. Unless marketeers ask dick and jane for this
information, and want to trade in information obtained from under-age
individuals, who have no legal standing to make contracts in any court I am
familiar with, this is a non-issue.

The only reason that it got to the point of legislation and law was the
commercial internet started it and did not stop until people  started
lawsuits.

This is another example of legal expertise in the cost/benefit examination
of problem solving.  If a product is defective and the cost of correcting it
is higher than litigation, crank up the lawyers!

> So which would you rather be: a designer who refuses to read an article to
> which I generously refer you or do you want to grow up and participate in
> the Internet revolution?



I would rather go to the source.

Children's Online Privacy Protection Act
http://www.cdt.org/legislation/105th/privacy/coppa.html

Information and Solutions
http://www.coppa.org/

alan herrell - the head lemur
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