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Microsoft Advocates Privacy Legislation
John Stith
Staff Writer
2005-11-04
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Mr. Smith went to Washington and addressed the Congressional Internet Caucus. Brad Smith, senior vice president and general counsel for Microsoft, called for a strong national standard for privacy protection to protect consumers and set guidelines for businesses while still allowing commerce to flourish.
 | | Microsoft Stands Up for Privacy |  |
Editor's Note: Microsoft has many detractors in the computer industry. Despite their flaws though Microsoft does continue to work for the consumer on a number of levels, not the least of which is privacy and security. Do you have privacy and security issues? Tell us about it in the Security Forum at WebProWorld.
Smith presented a comprehensive approach, supported by Microsoft, to the privacy problem that includes a federal legislative response. He mentioned three points including the complex patchwork of federal, state and international laws related to data privacy and security; the potential for consumer fears about identity theft and other online dangers to dampen online commerce; and the increasing consumer desire for more control over the collection and use of online and offline personal information.
"The growing focus on privacy at both state and federal levels has resulted in an increasingly rapid adoption of well-intended privacy laws that are at times overlapping, inconsistent and often incomplete," Smith said.
"This is not only confusing for businesses, but it also leaves consumers unprotected. A single federal approach will create a common standard for protection that consumers and businesses can understand and count on."
Smith noted an increasing level of concern from Americans on the subject of identity theft over the Internet.
"Individuals will not take full advantage of the Internet or any commercial medium if they believe that their information or data could be compromised or disclosed in unexpected ways," Smith said. "There is a causal link here: protecting consumers promotes commerce, and that's good for everyone."
The third factor -- consumers' increasing desire for more control over the collection and use of their personal information -- springs from the response to the increasingly aggressive tactics of computer criminals.
"We've seen a spate of legislative activity in the aftermath of several highly publicized data breaches, but for consumers, the reality is still pretty daunting. They do not necessarily have a better experience and in many cases still do not clearly understand how companies are collecting, using and disclosing their personal information in the first place," Smith said. "We have to make this more transparent and manageable for consumers."
"Microsoft's call for strong national privacy legislation is a landmark moment in the cause of establishing and protecting individual privacy rights online," said Jerry Berman, president of the Center for Democracy and Technology. "Microsoft's privacy legislation commitment creates momentum for a serious effort to establish consumer privacy expectations for the digital age. While we have not reached consensus on all of the provisions of a privacy bill, we applaud Microsoft's willingness to work actively with other high-tech companies, consumer organizations and policymakers to make serious privacy legislation a reality."
Smith went into detail about the four principles Microsoft thinks should be the foundation of any federal legislation regarding data privacy:
-- Create a baseline standard across all organizations and industries for offline and online data collection and storage. This federal standard should pre-empt state laws and, as much as possible, be consistent with privacy laws around the world.
-- Increase transparency regarding the collection, use and disclosure of personal information. This would include a range of notification and access functions, such as simplified, consumer-friendly privacy notices and features that permit individuals to access and manage their personal information collected online.
-- Provide meaningful levels of control over the use and disclosure of personal information. This approach should balance a requirement for organizations to obtain individuals' consent before using and disclosing information with the need to make the requirements flexible for businesses, while avoiding bombarding consumers with excessive and unnecessary levels of choice.
-- Ensure a minimum level of security for personal information in storage and transit. A federal standard should require organizations to take reasonable steps to secure and protect critical data against unauthorized access, use, disclosure modification and loss of personal information.
The irony in all of this is while the software leviathan is on Capitol Hill looking to protect consumers from problems of privacy invasion and ID fraud, Sony BMG elected to hammer consumers in their computer by loading rootkits into their music CDs.
Despite many charges questioning Microsoft's tactics over the years, Microsoft continues to advocate for their customers and for computer users in general. As cyber security becomes more and more of an issue, it will take large companies like Microsoft to compel the government to move on these issues. It's a shame Sony BMG can't learn the same lesson.
About the Author:
John is a staff writer for SecurityProNews covering cyber security.
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