Computers, Privacy & the Constitution

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JonathanBonillaFirstPaper 6 - 15 Apr 2009 - Main.EbenMoglen
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Online Behavioral Advertising and the Federal Trade Commission

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  • What's the point of footnotes in a wiki? Why not just link directly from the text?

  • It doesn't seem to me that you've ever addressed first principles:
    1. A packet moving on the public internet: who should be allowed to study it? Do I have a first amendment interest in my ability to learn from the traffic on the net?
    2. Given that I have some knowledge about someone, without regard to how I gained that knowledge, do I have a First Amendment right to advertise to them on the basis of what I know about them?

  • Then it seems to me there are some practical questions:
    1. If a behavioral advertiser is studying my behavior on the net in order to serve me ads that I am automatically removing from my web content before I see them: (a) am I harmed? (b) will he keep spending money to serve ads I will never see? (c) does this cycle when repeated ever end with the advertiser better off? (d) if not, why not just teach your friends how to install AdBlock Plus and stop worrying about the problem?
    2. If a behavioral advertiser is studying my behavior on the net in order to serve me ads that I am automatically removing, but in fact he's not studying my behavior because I am automatically also sending out a large number of automatically-generated random net behavior, designed to confuse onlooking analyzers without making my life harder in any way: [repeat all subparts of question 2, substituting TrackMeNot for AdBlock Plus.]
    3. In light of numbers 1 and 2 above, what is this all about, again?

 
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