From the February 1997 Issue of PC World

No Privacy on the Net

By Jeffrey Rothfeder

Use the Internet and your life's an open book. From the Web sites you visit to the e-mail you send, someone may be watching. Here's what you can do to protect yourself.

Christopher Kantzes recently found out just how little privacy the Internet has to offer.

For about a year, the Fisher-Rosemount Systems engineer has occasionally prowled relatively noncontroversial discussion groups on the network--places such as rec.food.drink.beer--and added his opinions to dozens of others left at those sites. Kantzes figured this was an innocuous and reasonably anonymous activity. That is, until the Minneapolis Star-Tribune chose him at random to piece together a profile based on his online ruminations.

Using DejaNews, a Web site that lets you search Internet newsgroups by an individual's name, the newspaper produced a fairly complete dossier on Kantzes. He was born in Salisbury, Maryland; went to school at the University of Delaware and Syracuse University; worked at Magnavox in Fort Wayne, Indiana, before taking his current job; attends plays at Theatre de la Jeune Lune in Minneapolis; is partial to Garrison Keillor, microbrewed beer, good restaurants, and Macintosh computers; dislikes Bill Gates and Indiana (which he called a "socially repressive state"); and vacationed in Paris and Rome in 1995.

Soon after the Star-Tribune published its article, Kantzes moved. Within weeks, an Internet electronic white pages (www.switchboard.com) had a listing with his new address and phone number. "This is a lesson I never wanted to learn--that I can't hide even sitting alone at my computer," Kantzes says.

Although the Star-Tribune article was published with Kantzes's permission, it provides a chilling example of just how much personal data can be collected on the Net. Not only can anyone easily catalog every word you write on newsgroups and find out which World Wide Web sites you frequent, but everything from electronic mail to online shopping and banking are vulnerable to would-be snoops.

"The danger of the Internet is the illusion of anonymity," says Janlori Goldman, an attorney at the Center for Democracy and Technology in Washington, D.C. Though people may feel they're incognito online, they're actually highly visible.

Getting Personal

One reason for the lack of privacy, of course, is the open-ended nature of the Internet. With no rules--none with teeth, anyway--that define what information on the Net is personal, and with no limits on the use of this information by third parties, a lot of data about you is available for the taking. And there are plenty of takers. The Net has spawned a cottage industry of firms that monitor Web usage--culling through personal profiles created when you visit a site, and then selling this data to marketers.

Worse yet, the World Wide Web is notoriously insecure and fairly easy for hackers to eavesdrop on. Suppose you're looking through U.S. Patent Office files on the Internet to see if your product has already been patented. The last thing you want is a hacker stealing the details of it as you type into search fields.

The Internet is also becoming an electronic stalker's paradise. At least half a dozen sites offer millions of phone numbers and addresses; others can supply Social Security numbers and driver's license data; and some even track political campaign contributions.

Nor are e-mail messages and financial transactions on public networks entirely safe from prying eyes. The reason? A combination of weak security schemes by companies managing sites and carelessness by people transmitting information.

In short, whether you're online for business or pleasure, you're vulnerable to anyone bent on collecting data about you without your knowledge. Fortunately, by using tools like encryption and anonymous remailers--and by being selective about the sites you visit and the information you provide--you can minimize, if not completely eliminate,

the risk of your privacy being violated.

From the February 1997 Issue of PC World

Who's Reading Your E-mail?

Most electronic mail on the Internet is about as private as a postcard. After it leaves the sender's computer, the message careens from one network server to the next as it streams toward the recipient. The problem is, it's easy for a hacker to intercept the message en route--and impossible to tell if anyone else has read this supposedly private correspondence before it reaches its destination.

Hackers use various tricks to hijack e-mail as it passes between servers. Even a server protected by a firewall--software that denies unauthorized access to the system--offers no guarantee of security. Hackers could run a program that cycles through every permutation of simple passwords until it hits on one that unlocks the network. Or they could attach themselves to a company's World Wide Web server--which is often left outside the firewall, since it's considered an external site--and then slip into the company's network as if they were internal users.

E-mail is irresistible to eavesdroppers, because it's often full of juicy information, from secret corporate strategies to credit card numbers. Some e-mail contains headers with log-ins and passwords, allowing hackers to sign on and gain complete access, even to secure areas.

The only way to safeguard e-mail from eavesdroppers is by encrypting it--scrambling the message so it can be read only by the intended recipient. In essence, the e-mail is encased in a secure, digital envelope that hackers can't penetrate.

The unofficial encryption flagship on the Net is a program called Pretty Good Privacy, or PGP, developed by Phil Zimmermann, a computer security expert. A commercial version of PGPmail costs $129, but you can get an older freeware version at http://www.pgp.com or from PC World Online. RSA Data Security of Redwood City, California, makes more elaborate encryption programs, which can cost up to $1500 per workstation.

Both PGP and RSA adopt an approach known as public key/private key, which uses a complex algorithm to uniquely encode each e-mail with a so-called public key. The key includes data detailing who the recipient is. Only the corresponding private key can decode the message (see "How Encryption Works").

Many network operating systems and software adjuncts--Microsoft Windows NT, Novell NetWare, and Lotus Notes, among others--offer encryption programs as add-ons. These work well for closed networks and intranets because all users share the same software and, thus, the same security safeguards.

But encryption on an open network like the Internet is much more difficult. For it to work, the sender and the recipient must use compatible software. Although PGP and RSA software are compatible, other encryption schemes aren't.

Encryption can be complicated and expensive to use. If it's not feasible, keep in mind that your e-mail may not be private, and limit your correspondence accordingly. Don't send information in an e-mail message that you wouldn't send on a postcard. If you need to exchange confidential information, overnighting a disk or sending a fax may be safer.

Look Before You Browse

One insidious gap in Internet security and privacy is located in the browser itself. Both Netscape Navigator and Microsoft's Internet Explorer contain tools that let Web sites reach into the hard disk of your PC and run programs. These applets--the best-known are Java and ActiveX--can customize visits to a Web site based on your prior entries.

The applet gathers details about your activities and then resides on your hard disk until you return to the site; when you do, it runs programs that let you avoid having to reinput your name, interests, and other information. Sometimes, the applet even moves you directly to the spot where you left off on your last visit.

But this efficiency carries a big price. Because the applet is stored on your PC, in the wrong hands it could surreptitiously steal data or programs from your hard drive. In addition, hackers could piggyback on the applet to gain access to your computer, or even roam through a network to download corporate data or embed viruses in other PCs.

Microsoft and Netscape have built layers of security into their browser applets to prevent misuse. However, computer teams at Princeton University have uncovered nearly a dozen Java and ActiveX security flaws. Both Netscape and Microsoft have released updated versions of their browsers to plug the holes, but researchers are still concerned about security problems, as hackers continue to develop hostile applets.

Though the vast majority of Web sites use applets in perfectly legitimate ways, it's usually impossible to distinguish safe Web sites from dangerous ones. And you can't do much to avoid a malicious applet except to stay away from obvious low-rent Web sites or turn off Java and ActiveX, sacrificing the efficiency and speed they offer. Java and ActiveX can both be disabled through menu options in Netscape Navigator and Microsoft Explorer.

Attack of the Web Marketers

Applets present potential security problems, but they usually can't be downloaded without your knowing it; and you can delete the files from your hard drive (if you can figure out where they are). Other data-collecting mechanisms are harder to deal with.

One such device--an offshoot of applets--is called a cookie. These personalized "cover pages" are automatically created when you register at some Web sites, usually without your knowledge. They let site managers recognize you when you revisit and greet you with customized welcome screens and services. Like applets, cookies reside on your PC.

A cookie is primarily a marketing tool. It lets Web site owners gauge how often you visit a site and what you do there. A site manager can combine this data with information you shared when you registered, then create a demographic database of users to sell to marketers.

For instance, visits to World Wide Web sites are increasingly being monitored by auditing services like WebTrak and Doubleclick, which measure your interests according to what you do at the location, as well as by the ads that you read and respond to. These auditors create statistical user profiles based on your demographics and preferences, and then sell them back to the Web site owner, who can use the data to alter what you see the next time you visit.

Other companies simply gather e-mail addresses and sell them in bulk to marketers. The Los Angeles-based Email America claims to have developed a list of 20 million electronic mail addresses, and in one promotion offers to sell 10 million for $189. For a few dollars more, Email America can let clients create specialized lists based on users' specific interests. The company and others like it obtain much of this information from commercial online services--in particular, the personal profiles that users fill out when they sign on to the network.

Avoiding Cookies and Spam

Many consumers flinch when they learn about the information collected through cookies and Web site tracking.

"We're a culture that has a high regard for privacy," notes Marc Rotenberg, director of the Washington, D.C., Electronic Privacy Information Center. "To most people, list gatherers like these, while they may not be doing anything illegal, are doing something unethical and intrusive."

Marketers and site managers argue that gathering demographic information in this way isn't much different from what many supermarkets do with discount cards. (PC World Online also creates cookie files based on user profiles, but doesn't sell any of the data collected.)

Though it's difficult to avoid cookies altogether, it's not impossible. Cookie files can be removed by deleting Netscape's cookies.txt file or Explorer's cookies directory. But you'll have to reregister at some sites and may lose customized features.

Another alternative is to use the Anonymizer Web site ( http://www.anonymizer.com); this service prevents cookie files from being created while you're browsing. Later this year PGP Inc. plans to offer a product to keep you cookie-free.

Besides avoiding cookies, you can also limit the amount of junk e-mail you receive. One way is to complain to Web site managers, your Internet service provider, or your online service.

Last September America Online received enough complaints about electronic junk mail, or spam, that it decided to do something about it: The service started blocking messages coming from five of the most active junk e-mailers. Cyber Promotions Inc., which uses three of those sites for mailings, challenged AOL's decision in court. Last November, however, a federal district court judge ruled against the promoter. AOL subscribers can now block junk mail by using the Preferred Mail option.

The Interactive Services Association, a trade group of online companies, is creating a list of voluntary guidelines for electronic direct marketing. The proposed rules are intended to keep users informed of data collecting techniques, and give them the right to opt out of mailing lists.

"These guidelines are an important step to building an online community where consumers' privacy is protected while responsible marketing activities can take place," says Robert L. Smith, Jr., executive director of the ISA.

Since most information online is provided by users themselves, the best advice for avoiding unwanted marketing advances is the simplest: Don't tell marketers anything. If preserving anonymity is important to you, don't fill out personal profiles and online surveys; if a site asks for personal data when you register, use fictitious information. You won't be eligible for prizes or other inducements the sites offer, but that's a small price to pay for privacy.

Private Chats Aren't

It's a simple fact, though perhaps a hard one for most people to accept: No one's anonymous and nothing's private in chat rooms and newsgroups. Every message you post is available not only for participants in the chat group to read at the time, but for anyone to retrieve from an archive months or years later. As Christopher Kantzes discovered, search sites like DejaNews and AltaVista let online sleuths and stalkers search by name for your entire online oeuvre. Give away enough data in your postings, and you'll supply the content for a fairly complete dossier of your whereabouts, history, relations, and thoughts.

For many legitimate reasons, law-abiding people may seek anonymity on the Net. What if you were employed by a large industrial concern and want to talk about a flaw in a new product that the company refuses to disclose? You wouldn't want your employer knowing you were the online whistle-blower.

Your postings can also affect your chances of landing a job. "If I'm a prospective employer, I can't ask about certain things because of the Americans with Disabilities Act," says Robert Gellman, a privacy and information policy consultant in Washington, D.C. "But if I check the Internet for your name and find out you're involved in a spina bifida newsgroup, asking questions about young girls with the condition, and I know that you have a 12-year-old daughter, well, maybe I don't want to hire you because you'll drive up my health insurance costs."

Even if you just want to avoid junk e-mail from marketers who cull lists based on people's preferences, you'd be wise to hide your identity online.

Fortunately, you can shield who you are in online newsgroups fairly easily by using a so-called anonymous remailer--a program that cloaks the heading of an electronic message so that the sender's name and address are effectively indecipherable. Anyone who subsequently responds to the encoded address actually posts it to the anonymous remailer, which transmits all answers directly to you. More than a dozen anonymous remailers are available at no cost on the Internet.

Of course, anonymous remailers are only as secure and private as those who operate it, because they're responsible for keeping the identity of the people sending the messages secret. So it's important to use a remailer with a reputation for discretion (see "E-Mailers Anonymous").

Online Shopper Alert

NECX Direct, a seller of computer products on the Internet, learned firsthand about the perils of using the Net as a virtual store. Last year it began letting customers buy products electronically by submitting electronic order forms.

The company felt it could safely offer this service because it had installed the latest version of Netscape Navigator, which supposedly offered fully secure transactions, impenetrable to hackers. NECX's sales instantly doubled.

Then computer scientists at Princeton University discovered a security flaw in Navigator and revealed their findings on the Internet. Netscape said it fixed the flaw within a few days, but for NECX the damage was done. Though no one broke into the site, the ensuing publicity forced the company to withdraw its promise that its site was secure. Online sales tumbled.

In many ways NECX and the hundreds of other companies struggling to make money from Internet shopping sites are fighting perception more than reality. A USA Today/IntelliQuest survey of computer users found that only 5 percent of respondents said they trust sending credit card and other financial data over the Net. In fact, shopping on the Net is somewhat safer than using your credit card to buy goods over the phone. The loss to businesses from Internet hacking is only $1 for every $1000 in revenue, compared to $1.41 for every $1000 in sales from MasterCard fraud, according to a report by Forrester Research.

"The biggest problem is not one of technology, but consumer caution," says Magdalena Yesil, who until recently was a vice president at CyberCash, which offers a secured payment system for the Internet.

Still, some analysts say that Internet retailing could be a $6 billion-plus market by the year 2000, once security solutions now in development are implemented. The most promising schemes are "wall-to-wall encryption" and electronic money.

In wall-to-wall encryption, data is encoded from the moment it leaves the consumer's PC and remains that way until it reaches the bank that is approving the sale. The most widely supported approach to encryption is a plan known as SET (for Secure Electronic Transactions). SET is backed by everyone from American Express, MasterCard, and Visa to IBM, Microsoft, and Netscape. The plan is expected to be ready for widespread use by early this year.

Electronic money, or e-cash, is a competing approach that isn't based on credit cards at all. Instead, you place money in an e-cash account at a bank on the Internet, usually by transferring it from your existing checking or savings account. When you want to buy something, you send an encrypted message to the Internet bank, asking to withdraw enough money to cover the purchase. Still encoded, the e-cash stays in an account file on your personal computer until you send it to the merchant as payment.

About a dozen companies--Digicash and CyberCash are two of the larger ones--are developing or implementing e-cash programs.

When these encryption schemes and e-cash programs "are woven into applications, Internet users will have secure private links between business partners, or between retailers and consumers that no cracker can tap," says Paul Callahan, who researched this subject for Forrester. Until then, if you're uneasy sending information electronically, it may be wiser to limit your online expeditions to window shopping. When you're ready to buy, call the site's 800 number or fax in your order.

Banking on the Net

At least on its face, banking via the Internet should be much more secure than online shopping. The reason is simple: Shopping involves thousands of merchants and dozens of banks; if any are lax about safeguards, a hole is opened that a hacker can drive an electronic truck through. Banking, however, typically involves a one-to-one relationship between customer and institution. If the bank's system is secure, it seems less likely that snoops could steal account information or even money.

Unfortunately, many banks have set up online programs to let customers perform routine transactions--such as account transfers and bill payments--only to find that hackers are eager to get in. In its first months, the first Internet-only bank, Security First Network, had to fend off a dozen attempts by hackers to break into account files electronically. However, the company says the firewall protecting the system was never breached.

According to both the FBI and the Secret Service, numerous online financial and shopping services have had similar experiences. As a result, many large banks--such as Chase Manhattan and Wells Fargo--are shying away from the Internet. Instead, these institutions are teaming up with companies like Checkfree, Intuit, and Microsoft, which have all built private consumer banking networks that have powerful security schemes, including secure firewalls and automatic encryption for all of their transactions. Other financial institutions, including Bank of America and Citibank, are going it alone, hoping to lure customers to their Internet sites with better services.

The firewalls and other security approaches banks have used to set up their online systems run the gamut from very secure to houses of straw. At this point, prospective customers have no way of knowing which banks can be trusted with their Internet accounts.

Just because a bank is well known, don't assume its security is watertight. For instance, Citibank was embarrassed two years ago by a Russian hacker's daring raid in which $11 million was electronically transferred from the bank's mainframes in New York to accounts in Finland, Israel, and California (see "Hacked! Are Your Company Files Safe?" in the November 1996 issue of PC World).

Fortunately, things are looking up for online banking. Security First Network has used its unique firewall/security overlay, VirtualVault, for more than a year, and says it hasn't suffered any security breaches. Hewlett-Packard recently purchased VirtualVault and is now marketing it commercially. With these protections in place, even if hackers use a Web browser to break into the bank's data sites, the security gateway will keep them away from sensitive information.

Still, given the uncertainty of online banking security, be wary about where you set up online accounts. For now, systems that restrict themselves to offering modest services--like basic checking and bill paying--are the safest bets. They won't let you buy stock or open new accounts, but the banks that use financial software such as Quicken or Microsoft Money over private networks are generally safer.

Your Own Private Internet

So is there such a thing as complete privacy on the Internet? Unfortunately, not yet. Chances are slim that your local paper will publish the details of your life based on your e-mail trail, but your privacy may still be at risk. If you don't take the proper precautions, anytime you send an e-mail, access a Web site, post a message to a newsgroup, or use the Internet for banking and shopping, you're defenseless against would-be snoops. Says the Center for Democracy and Technology's Janlori Goldman, "People think they're invisible and secure when they go online. They're anything but."

As Internet usage grows, so does the amount of personal data it carries. And as Christopher Kantzes learned, private information can easily become public.

Find files from this article at http://www.pcworld.com. Jeffrey Rothfeder is a freelance writer and the author of Privacy for Sale (Simon & Schuster, 1992, 800/983-5333).

How Encryption Works

Public Key--Private Key

1. With your encryption software, you create a "key" with two parts--one public, one private. You distribute a file containing the public part of the key to those you want to communicate with. Only you can use your private key.

2. You write an e-mail message, then use the recipient's public key to encrypt it.

3. The encryption process puts a kind of digital lock on the message. Even if someone intercepts it en route, the message's contents are inaccessible.

4. When the message arrives, the recipient types a pass phrase. Then the software uses the private key to verify that the recipient's public key was used for encryption.

5. Using the private key, the software unlocks the unique encryption scheme, decoding the message.

Online Privacy Do's And Don'ts

Encrypt Your E-mail

Don't send sensitive e-mail unless it's encrypted. To encode messages, use PGP or another program that has public-key/private-key encryption capabilities. Make sure recipients use the same encryption program or one that is compatible with it.

 

Conceal Your Identity

To shield your identity when posting correspondence on a newsgroup, use an anonymous remailer. This hides the heading of an e-mail message, making the name and address of the sender indecipherable.

 

Watch Where You Shop

Before shopping or banking electronically, ask the company about its security hardware and software. Its encryption scheme should be a public-key/private-key program with a 128-bit secret key. Firewalls that guard against hackers should be installed to shield the network from intruders.

 

Buy the Old-Fashioned Way

If you're not satisfied that the online retailer or bank has adequate security measures in place, ask if you can forward your credit card information by telephone or mail--not electronically--when placing an order.

 

Don't Talk to Strangers

When using an online service or visiting a Web site, don't give your number or password to anyone who seeks you out--even if they claim to be affiliated with the provider.

 

Stay Off the Lists

To avoid being spammed by direct marketers, ask your online service or the Web site manager not to sell your name to mailing list providers or include information about you on mailing lists. Don't reveal private information and personal interests on online-service profiles or home pages.

Privacy Warnings on the Web

Two examples of warnings regarding web site visits and newsgroup postings.

 

DEJANEWS

"Be careful what you say about others. Please remember--you read netnews; so do as many as 3,000,000 people. This group quite possibly includes your boss, your friend's boss, your girlfriend's brother's best friend and one of your father's beer buddies. Information posted on the net can come back to haunt you or the person you are talking about."

 

ANONYMIZER.COM

"Many people surf the web under the illusion that their actions are private and anonymous. Unfortunately, it isn't so. Every time you visit a site, you leave a calling card that reveals where you're coming from, what kind of computer you have, and other details. Most sites keep logs of all your visits. In many cases, this logging may constitute an invasion of your privacy."

Fighting For Your Rights

The Center for Democracy and Technology

The Center for Democracy and Technology, a public- interest organization based in Washington, D.C., develops and advocates public policies to preserve civil rights and liberties in communications and computer technologies. Internet censorship, privacy, cryptography, and federal legislation regarding the Internet are all issues of CDT concern.

 

CDT Privacy Demonstration

If you're interested in seeing just how much information is collected when you browse, check out CDT's privacy demonstration page ( http://www.13x.com/cgi-bin/cdt/snoop.pl).

The page mirrors back your name and e-mail address, your geographic location, and the type of computer and browser you're using.

The demo also outlines various methods used to collect personal data, explains why you should be concerned, and provides links to sites that can help you protect your privacy.

 

The Business Case for Privacy

Indifference can get you into trouble; compliance can keep you out of it. But some enterprises are taking privacy further, making aggressive hygiene a new source of competitive advantage.

By Jennifer Bresnahan

The intersection between individual privacy rights and competitive business performance is increasingly sensitive and important.

Readers of this article will learn how and why some of the world's leading businesses are going the extra distance in privacy protection

How privacy protection policies can be a competitive lever in entering new markets

The potential consequences of failing to establish data protection policies

 

 

 


Saul Klein, Firefly Network's senior vice president of corporate strategy and brand, got serious about consumer privacy on the Web



















Hans Juergen Kranz, head group data protection officer, says the German airline sees privacy matters from "an ethical point of view."









"What we in data protection know from our steady communication with our customers is that most of them do care for privacy. What we don't know is exactly who cares and how much."
-HanS Juergen Kranz









Although privacy is an honored tradition in the doctor/patient relationship, health care has grown beyond the governing ethics of physicians and become subject to the vastly different rules of business.




John Ford, vice president of privacy and external affairs, makes sure that Equifax's responsible conduct never goes unnoticed and that the company plays a role in public debate.







CIO Executive
http://www.cio.com/
forums/executive


Web ROI
http://www.cio.com/
forums/roi/









Coopers & Lybrand LLP
(http://www.coopers.com/)

Deutsche Lufthansa AG
(http://www.lufthansa.com/)

Equifax Inc
(http://www.equifax.com/)

Federal Trade Commission
(http://www.ftc.gov)

Firefly Network Inc
(http://www.firefly.net)

Harvard Business School
(http://www.hbs.edu/)

Partners HealthCare System Inc
(http://www.partners.org/
pwdir/home.html
)

Privacy Journal
(http://www.epic.org/
epic/priv_journ.html
)









THE FREE FLOW OF INFORMATION RANKS right up there with dress-down Fridays and yearly cost-of-living wage increases as a core American business value. But as organizations develop increasingly intrusive methods of gathering intimate profiles of consumers, another American value--privacy--is starting to come to the fore.
Like two tectonic plates, privacy concerns and a business's right to collect and exploit customer information grind against each other, sending out shock waves to the business world. So far, no company has made a privacy transgression of earthquake proportions. Organizations like Lexis-Nexis Inc. and Metromail Corp. suffered negative publicity from selling Social Security numbers and children's personal information, respectively, but eventually these disturbances blew over.
Someday, however, the earthquake will come when a sufficiently large incident--or a series of smaller tremors--galvanizes strong public outrage. The resulting seismic ripples could threaten industry's ability to access data critical to its continued success.
"Customer information could become a key driver of margins in many otherwise commoditized business categories," says Jeffrey F. Rayport, associate professor of business administration in the service management unit at Harvard Business School in Cambridge, Mass. "Any company that raises privacy concerns among its target market consumers will find it difficult, costly or both to access such information in the future. Thus, if assuring data access is critical, then avoiding crises regarding invasion of privacy is equally important."
No company collecting data on customers will admit it doesn't care about protecting consumer privacy. But very few actually give consumer data protection the attention it deserves; either they don't understand how volatile privacy issues have become or they fail to see any direct business value. While it's easy to see the payback from selling or leveraging consumer data for marketing purposes, the benefits of protecting the data against privacy infringements aren't readily apparent. In these pages, CIO examines four companies that have gone beyond what law or public opinion dictated to develop best practices in privacy protection. Each of them was able to see the simple fact that has eluded so many of their competitors: Privacy protection pays.


Firefly Network Inc.
Privacy as Business Model
Firefly's long-term success depends on assuring acceptance of its vision of privacy as a de facto standard on the Web

Firefly Network Inc. was still in its larval stage when it traded one form of competitive advantage for another less obvious one by helping to foster privacy on the Internet. First, this four-year-old Cambridge, Mass.-based vendor of personalization software for Web sites made the revolutionary decision that the data it collected actually belonged to consumers, not to Firefly. Its software allows companies to collect and pool consumer preference information on the Web, enabling each company to customize its product offerings. For example, if a music vendor knows that a visitor to its Web site likes Patsy Cline and Dolly Parton, it can suggest that the customer buy a Reba McEntire CD. Better yet, if the vendor knows that other individuals who enjoy Cline and Parton also rave about Kenny Rogers, it can make a much more intelligent and insightful recommendation and even bring these country music buffs together in an online community to generate brand loyalty.
When an individual's information is transmitted to the vendor, it is also recorded in Firefly's databases. By now, Firefly has amassed enough data to achieve direct marketing nirvana. Yet, from the very beginning, Firefly regarded consumer privacy as inviolable. "The Web doesn't work unless people feel comfortable sharing information with others," explains Saul Klein, Firefly's senior vice president of corporate strategy and brand.
Firefly maintains data in aggregate form and does not sell it to third parties. Only with the permission of the consumers will Firefly use the data to help them find products or people matching their interests. Each of Firefly's corporate customers must abide by this policy. To validate its privacy claims, Firefly hired Coopers & Lybrand LLP in February 1997, becoming the first company to perform a privacy audit on the Internet.
The company's next move in May 1997 was to take its privacy policies, which it could have leveraged as a way to gain consumer confidence over competitors, and offer them to the world as a specification. Together with Netscape Communications Corp., Firefly spent several months crafting the Open Profiling Standard (OPS), a technical architecture that enables the confidential online exchange of profile information between individuals and businesses (see "Can You Be Trusted?").
Devoting time and energy to creating global privacy standards might seem risky for a startup like Firefly, but its founders knew that by promoting wide acceptance of the personalization model, they would ultimately profit. In essence, Firefly followed a time-tested model for success: By making its own proprietary technology a standard, it hoped to build a branded base among vendors and users and foreclose on competing contenders for standard status. "Our gamble was that, if this marketspace for personalization is going to be as big as we think, [getting there] is not something we can do on our own," says Klein.
The gamble seems to be paying off. In just 18 months, Firefly's consumer customer base has climbed to 3 million. The company has also developed strong relationships with 100 of the top Internet technology vendors, including IBM Corp., American Express Co., Digital Equipment Corp. and Yahoo Inc., some of which are bundling Firefly products into their own. These relationships ensure that Firefly not only enjoys wide distribution of its products but also stays tuned in to the pulse of the industry.
All of this adds up to "a first-mover advantage," says Klein. "By demonstrating that Firefly was a company ready to commit time and resources to privacy, we validated our leadership and expertise." In short, he says, "It was time well spent."


Equifax Inc.
Privacy as Image Rehab
Credit-reporting bureaus are notorious for their privacy missteps. By resorting to a host of privacy-conscious initiatives and some aggressive spin marketing, Equifax is putting distance between itself and the rest of the pack.

Few consumers today think fondly of credit bureaus. Not only have credit bureaus been known in the past for lousy consumer responsiveness and inaccurate data but for notorious privacy violations. Atlanta-based Equifax Inc., for instance, has been entangled in its share of such slip-ups, including a recent fiasco in which a spinoff business unit was alleged to have sold consumers' unlisted telephone numbers to bill collectors and others. But today, a chastened Equifax is rallying to change the industry's negative reputation and recover from its own checkered past by displaying greater sensitivity to privacy issues.
Equifax goes above and beyond what the law requires when it comes to protecting privacy. And it takes great pains to let the world know it. The company named John A. Ford, a former public relations professional at Equifax for six years, as its vice president of privacy and external affairs. Ford spreads the word about Equifax's policies by speaking at many conferences and events, winning grudging admiration from privacy watchdogs.
"I guess Equifax has a few things to brag about," says Robert Ellis Smith, publisher of Privacy Journal, a consumer privacy publication. "Equifax shows up at these privacy conferences and continues the dialogue, which [is something competing credit agencies] won't do." Equifax also generated publicity by sponsoring an annual survey that gauges consumers' attitudes about privacy.
Equifax's commitment goes beyond just public image, however, says Ford. In 1991, it invested $30 million for improvements in data quality and consumer responsiveness, including toll-free access enabling people to opt out of credit marketing offers or correct inaccuracies in their records. In 1989, Equifax became the first company to hire an outside privacy consultant. Although that consultant, Alan F. Westin, professor of public law and government at Columbia University in New York City and publisher of the newsletter Privacy & American Business, can't catch every problem, he makes an effort to review most products and business units in the company to make sure they embody fair information practices. He reports his findings directly to the CEO and is apparently more than a paper tiger. Westin advised against the idea of a national database for health-claims information because he knew people would be bothered by the idea, he says.
"With such a large, complex business, there will sometimes be errors," says Westin. "But the question is, If they make a mistake, do they move on and try to correct it?"
Why would Equifax do more than the law requires? Much of its motivation springs from the need to react to past snafus and prevent others in the future. Beyond that, however, Equifax's initiatives guarantee it a voice in the ongoing public policy debate over privacy. Ford speaks frequently in front of industry groups, professional associations and educational institutions. He also has testified before the Federal Trade Commission (FTC) and other government bodies, where he can advance Equifax's agenda regarding national privacy law.
But the most important reason is that Equifax hopes to leverage privacy as a key competitive differentiator. As the company's corporate customers increasingly feel heat from consumers on privacy matters, they, in turn, will demand better privacy hygiene from their business partners. Already, says Westin, Equifax is winning business because of its policies, including helping a customer enter into a recent contract with the American Association of Retired Persons.
"The return on investment is first and foremost increased respect and enhanced corporate reputation," says Ford.
Equifax's labors are doubly important because, in the future, it plans to expand into the electronic commerce environment with services and products that help sellers and consumers do business in a secure manner. The surveys and speaking engagements position Equifax as the agency of choice. "Our goal is to be the preferred steward of consumer information," says Ford. "In order to do that, we have to know what consumers are thinking."


Lufthansa
Privacy as Doing the Right Thing
Lufthansa answers to a higher authority than even German privacy laws

All airlines collect information about customers, including demographic, financial and travel data. Unlike their counterparts in the health-care and financial services sectors, airlines seem able to exploit this information without provoking a flap over privacy infringements. Still, according to Jim Davidovich, senior staff planner in United Airlines' Miles Plus Marketing Program Inc. in suburban Chicago, most airlines share the data they collect with a host of business partners (70 of them in United's case). Even the federal government is encouraging this airline data free-for-all by building a national database of personal information on airline passengers that it'll mine to screen for likely terrorists. Deutsche Lufthansa AG, however, stands in marked contrast to the rest of the industry. The Cologne-based German airline collects passenger data but neither sells it to third parties nor uses it even for its own marketing efforts unless customers specifically agree to it. (Lufthansa's "opt in" policy goes further than the "opt out" policy that most American companies have adopted as a token concession to privacy advocates.)
To be fair, much of Lufthansa's respect for consumer privacy isn't optional. For 21 years, it has been guided by stringent German laws concerning privacy. But an even more fundamental motivation than earthly law is moral responsibility, says Hans Juergen Kranz, Lufthansa's head group data protection officer. The company's commitment to privacy runs as deep as the wellsprings of its German heritage, which according to the prototypical 18th-century German philosopher Immanuel Kant, values duty over all other virtues, including making oneself or others happy. "The main impulse to do this, aside from the formal convening with the law, is an ethical point of view," says Kranz. "It's the responsibility of every citizen in the information society to make sure that data is protected."
For this reason, Lufthansa follows the spirit of the law but doesn't restrict itself to its rigid confines. Lufthansa mixes and matches certain legal aspects with its own ideas to create a unique customer-oriented privacy policy that corresponds with its ideas on morality and business ethics. In some aspects, it has imposed stricter regulations on itself than the law requires. For example, German law mandates that each company have one data protection officer--Lufthansa has four people involved with data protection. Kranz, who took the data officer position after 23 years in the auditing department, oversees frequent audits of all internal and external privacy policies, the documentation of personal data and the training of Lufthansa employees via classroom lecture and computer-based learning.
In other ways, Lufthansa bends the narrow letter of the law to get more flexibility in serving the customer. For instance, if a police officer asks to see data on a passenger, Lufthansa employees are instructed not to provide it unless the officer has a court order or clear, legal proof forcing employees to cooperate. Even when a government agency recently demanded information on passengers, claiming that its jurisdiction superseded national privacy laws, Lufthansa still refused to cooperate. But if the person asking is the spouse of a passenger, Lufthansa employees can decide by referring to directives whether to divulge information, says Kranz. This policy may not be exactly legal, but it makes sense, says Kranz. "It would not be very customer-oriented in this situation to always say, 'Sorry madam, you won't hear a word; it's not allowed by German law.' Even though [observing the letter of the law is] a real German attitude, it's not customer-oriented,'" he explains.
Lufthansa's biggest challenge is protecting passenger privacy in countries that don't share the same data protection standards. For the most part, Lufthansa insists its business partners follow its policies. Lufthansa passengers flying on United Airlines, for instance, enjoy Lufthansa's protections, not United's. United airport personnel can access only limited demographic information about Lufthansa passengers. And United's marketing department is prohibited from offering that information to its business partners, says Davidovich.
Sometimes, however, Lufthansa has to make exceptions, such as when it flies to Asia. In Japan, the airlines post in the airport a list of passengers as a courtesy to relatives and friends. Not doing so would be considered impolite. Thus, although it is forbidden under German law, Lufthansa posts its passenger lists.
Kranz is convinced that Lufthansa's customers care deeply about the company's commitment to privacy, although he can't exactly prove it. "What we in data protection know from our steady communication with our customers...is that most of them do care for privacy," he says. "What we don't know is exactly who cares and how much.... It is economically impossible to measure the exact influence of a soft factor like privacy (or blond stewardesses or the number of liquor brands offered) [as it relates] to the customer's decision. We have only our professional experience to [go by]."
Given this conviction, it seems odd that Lufthansa doesn't advertise its privacy policies until one realizes that pleasing the customer isn't even the point. Even if consumers don't know or care that their data is safe, Lufthansa will uphold its ethical duty to protect consumer privacy. "From the perspective of most of our customers in Europe, to care for data protection is to obey the law," explains Kranz. "And from an ethical point of view, it's difficult to advertise that we do obey the law. That would be like advertising that we're a safe airline." Lufthansa's strategy is to let its behavior speak for itself.


Partners HealthCare System Inc.
Privacy as Preventive Medicine
With business-focused health care becoming the norm, patient confidentiality needs to be buttressed with privacy-respecting business practices

Nineteen ninety-five was not a good year for hospitals in the Boston area. First there was the public outcry surrounding the report that Harvard Pilgrim HealthCare routinely included notes on confidential psychotherapy sessions in a database accessible to hundreds of employees. Then, Newton-Wellesley Hospital got in trouble when one of its employees, who happened to be a convicted child rapist, used another employee's password to browse through thousands of medical records, looking for girls to harass over the telephone.
Partners HealthCare System Inc. wanted to avoid taking a turn in the spotlight. That's why the $2.6 billion health-care organization made a commitment to treat privacy with the same discipline as any other critical business function. The significance of this commitment becomes clear when contrasted with the rest of the health-care industry. Although privacy is an honored tradition in the doctor/patient relationship, health care has grown beyond the governing ethics of physicians and become subject to the vastly different rules of business. Most hospitals haven't implemented privacy measures for their medical information databases because they have little incentive to do so, says Janlori Goldman, director of the Health Privacy Project at Georgetown University's Institute for Healthcare Research and Policy in Washington, D.C. There is no national policy on health information privacy to force the issue, and market pressure is minimal because patients have little input on how health care is shaped and delivered, she says.
"Every hospital is thinking about privacy, but most organizations regard it as a remote threat," says Partners' CIO and Vice President John P. Glaser. "They are fighting to stay alive and are worried about mergers and managed care-issues that are core to their survival. Confidentiality isn't on their list, but it should be because nobody wants to be on the front page of The Boston Globe, where it says that Hospital XYZ exposed data and a life got ruined."
In addition, Partners recognizes that it can ultimately provide better care if people feel secure about revealing private information. "The cornerstone of medicine is your willingness as a patient to be candid with your doctor, to tell your doctor about your history and how you're feeling," says Glaser. "If you believe that you can't because [the information] might get out, one of the basic tenets of medicine is effectively undermined."
When Partners formed in 1994 from a merger between several hospitals and clinics in the area, each facility had patchwork policies to deal with medical information. Karen G. Grant was hired as corporate director of health information services to develop common policies for data protection across the enterprise. She formed a group with the health information directors from each hospital and a physician steering committee that served the dual purpose of helping convert the rest of the doctors and ensuring that the policies were balanced between doctors' legitimate need to know and patients' right to privacy.
The first priority was to convince the public that Partners was trustworthy. In 1996, Grant's group started drafting a privacy brochure for patients describing the hospital's confidentiality policies. They also wrote an information release form that all able patients are required to sign before a hospital can share any of their data with insurance companies. Another major effort was educating Partners' 30,000 employees. All employees must sign confidentiality agreements and attend training where they learn such privacy hygiene practices as not talking about patients in public places and always logging out of computer systems before they leave their workstations.
With the policies agreed to, Grant put various enforcement measures in place. For instance, she asked the HR directors in each hospital to implement policies which state that any employee caught breaching a patient's privacy should be immediately terminated. And the hospital's audit department began to monitor all activity on the system and perform regular password audits. Finally, technological safeguards, such as automatic alerts to show abnormal patterns of access, are being deployed to support the policies.
"These are social issues," says Glaser. "It's like the right-to-life or pro-abortion debate-there's no law or physical truth that will emerge to guide us."

Senior Writer Jennifer Bresnahan can be reached at jbresnahan@cio.com