|
In my last column (reprints available through DM News), we discussed
the critical issue of name ownership within the electronic realm
of cyberspace. Key to this issue was recognition that the transaction
between a user and an advertiser generates information belonging
to that advertiser, not the service provider hosting the advertiser.
However, due to the organization and use of the Internet's World
Wide Web, a new element comes to light, which is being referred
to by agencies and cybermarketers as "clickstream" information.
Individuals typically traverse the World Wide Web by starting
with their favorite site and then jumping to other sites by clicking
on hypertext (represented as an underlined word) or hypermedia (usually
a graphic button) links. The links instruct the browser software
to view another URL address -- to the user, they are connecting
from one Web site to another. New technologies, implemented at the
server level of the Web's infrastructure, allow one to track a very
long and detailed path of where that individual was and exactly
what sites, buttons and links he or she clicked on.
This type of tracking is the cyber-equivalent of a private eye
who follows your every move. With the tremendous variety of information
that's available on the Web, certainly a great deal of it falls
into the realm of things that individuals usually prefer to keep
private. The public has proven their unwillingness to let information
about their telephone numbers and calling habits become a revenue
center for phone service providers; there is every reason to believe
they would be similarly unwilling to let their clickstreams become
revenue-generating product.
There are companies already in the process of bringing this data
to the marketplace. They seek to present this data as a mechanism
for building a "super-profile," that would in turn, allow marketers
to super-customize marketing messages for cybersurfers. The theory
is that these custom-tailored ads could be specific to the point
of an individual computer, based on the clickstream data gathered
from that terminal.
Tracking and documenting an Internet user's clickstream is analogous
to the situation that currently exists in the telecommunications
industry, regarding calling records kept by telephone service providers,
and pay-tv providers documenting specific movies that customers
have rented. Similar privacy issues have already been raised, although
not completely settled, by the National Telecommunications and Information
Administration (NTIA).
While studying the privacy concerns associated with an individual's
subscription or use of the industries services, the NTIA has revealed
a lack of uniformity among existing privacy laws. In fact, similar
services are governed differently depending on how they're delivered.
|
|
For example, the policies established in the Video Privacy Protection
Act of 1988 cannot be applied to telecommunications. And, specifically,
services like those available over the Internet are almost entirely
unprotected. Undoubtedly, the Internet and the nature of its delivery
will further muddle the legal debate.
The questions policy makers must grapple with are: what level
of privacy protection adequately balances the legitimate interest
of individuals and marketers; whether existing laws and regulations
provide the desired level of protection; and, if not, what changes
should be made. At the very least, the already established principles
of provider notice and customer consent must apply.
However, this may well be a situation where individuals must take
charge and not wait for our sluggish government to grant or repeal
permission for our actions. The laws of the marketplace are much
swifter, and self-regulation is in order.
While there may be a sincere attempt to market clickstream data,
any marketer considering that type of purchase must ask two questions:
One, will this data provide any greater benefit to my marketing
efforts than traditional (and legal) methods of marketing research?
and two, Is this an ethical business practice?
Already, we have mountains of data for marketing profiles. Through
established, effective and ethical means, we can gather even more
mountains. Do not let the easy availability of this information
lead you to believe it is of greater worth in developing marketing
efforts. And what if a marketer used clickstream data to personalize
marketing communications to, say, a 45-year old male user. Will
those personalized messages be appropriate when his 16-year old
daughter uses the computer?
And then the question of ethics. Personal ethics aside, from a
strictly bottom-line perspective, will your customers feel this
is an ethical practice? Do the potential financial benefits of acquiring
and using this controversial resource outweigh the goodwill of customers
and industry peers?
The entire concept of clickstream tracking is in direct violation
of an individual's privacy. The Web promises enormous economic,
social and cultural benefits to our country. However, unless there
are proper safeguards in place, there is an enormous potential for
abuse. Marketers themselves must take the lead in preventing the
abuse. To unlock the full potential of the Web, we must acknowledge
and protect the privacy interests of all its users. Individuals
do not globally publish such information for anyone and everyone
to analyze and use. Neither should companies seeking to profit from
it.
|
