Justia columnist and U. Washington law professor Anita Ramasastry considers the sometimes disturbing ways in which retailers—both brick-and-mortar or online—use consumer data. Beginning with a New York Times story that related how a father learned of his teenage daughter's pregnancy when Target started sending her baby-related coupons, Ramasastry suggests that regulation is necessary if consumer privacy is to be protected, and that such regulation probably should render certain areas of private information strictly off-limits. Ramasastry discusses the Obama Administration's proposed set of consumer-privacy principles, called the Consumer Privacy Bill of Rights, and notes that the Administration's stance is that if Congress will not enact such principles into law, then the FTC has the power to enforce them via regulation. Ramasastry also discusses what, specifically, such principles could mean for retailers like Target. Finally, Ramasastry discusses existing websites that can help consumers protect their online privacy.
Justia columnist and U. Washington law professor Anita Ramasastry comments on Facebook's new, mandatory “Timeline” feature, and the possibility that this feature may make identify theft targeted at Facebook users easier to accomplish. As she explains, Timeline encourages users to volunteer additional information, beyond what they had previously provided to Facebook. Also, Timeline will work in conjunction with a set of “frictionless” apps that will not notify the Facebook user each time his or her information is shared with a person or business With more and more information about people becoming available online on sites like Facebook, Ramasastry argues, both online and offline identity theft may well become simpler and more common.
Justia columnist and U. Washington law professor Anita Ramasastry points out that even if we are using the “If I Die” app, which allows Facebook users to send a final message to loved ones, there are many other aspects of our digital lives that will also need attention when we die, and for which we should also plan. Ramasastry covers the provisions for user death in the Terms of Service (ToS) of popular online services such as Yahoo!, Gmail, Facebook, Apple, and YouTube. She also considers questions relating to the inheritance of digital property ranging from copyrighted online work, to virtual property with real-world value. Ramasastry also comments on why one might want to use a “digital undertaker” service; on the need to amend states’ law across the country in order to protect virtual property; and on the state-law question whether the rights of privacy and publicity can—and should—survive a person’s death.
Justia columnist and U. Washington law professor Anita Ramasastry comments on the potential uses of social networking information in the insurance industry. She notes that if, for instance, a person’s Facebook photos contradict information that the person has told his or her insurer, trouble may result. Ramasastry gives examples such as a claimed non-drinker whose Facebook photos reveal heavy drinking, or a claimed non-smoker who is pictured on Facebook smoking. She notes that when fraud is already suspected by an insurance company, some companies consider it fair game to then check the insured’s social media. Moreover, Ramasastry reports that the next wave of the use of social media in the insurance sector may well involve underwriters, who may begin using such media to create risk profiles of potential insureds. She describes Deloitte’s approach, and explains why using social media is a logical next step for underwriters, who already access massive stores of data regarding potential insureds. Ramasastry also notes some of the risks of these developments—such as an insurer’s taking inferences from a social media profile that are not accurate (say, due to a mistagged photo), or that cannot be fairly generalized (such as a photo of a teetotaler taking a single sip of a drink to be polite).
Justia columnist and U. Washington law professor Anita Ramasastry comments on the recent controversy over doctors (and other healthcare providers) who require their patients to sign contracts stating that they will not post reviews of the doctor (or other healthcare provider) on review-and-rating websites, such as Yelp.com and the like. In addition, Ramasastry explains, a clause contained in the contracts at issue purports to transfer the patients’ copyright in any such reviews to the doctor—presumably so that the doctor can have such reviews quickly and directly taken down after they are posted. Ramasastry describes the class action lawsuit that is pending with respect to such contracts, and the allegations of a plaintiff in the suit. She also explains other kinds of challenges to this type of contract that are being made in other venues, and describes several useful websites that seek to inform patients of their rights and options when they are required by their doctor or other health-care provider to sign such a contract.