Bay Windows - National News, April 21, 1999
Scott A. Giordano, Bay Windows staff

The initial complaint was filed with the FTC on Feb. 27 and signed by the Center for Democracy and Technology (CDT), the Privacy Rights Clearinghouse and the Consumer Action. A supplemental complaint was filed with the FTC on April 8, in which the Gay and Lesbian Alliance Against Defamation (GLAAD) signed onto the written complaint that says the PSN is a violation of individual privacy and, therefore, an unfair and deceptive trade practice under Section 5 of the FTC Act."

The PSN, whether default is on or off, has the potential to transform the World Wide Web from a largely anonymous environment into one where individuals are expected, or even required, to identify themselves in order to participate in online activities," reads the April 8 complaint.

Similar to what caller I.D. does with a telephone, the Pentium III chip automatically transmits the PSN when someone logs on to a web site and is meant for companies to verify the identity of people who are visiting a web site, track the users' online activities for marketing purposes, and crack down on consumer fraud. The Pentium III chips have been on the market since late February -- despite an ongoing boycott of Intel spearheaded by the Electronic Privacy Information Center (EPIC.)

Opponents of the chip say that a number of abuses could result from the data obtained from the chip. GLAAD spokespeople have cited several possible abuses that could directly harm gay and lesbian people, or people with health-related disabilities or illnesses, surfing the Web -- such as insurance companies using the information to compile lists of people who may be ill or in a high-risk group for illnesses such as HIV infection, anti-gay employees seeking or compiling lists of potential employees they believe to be gay because they visited a gay-related web site, or the Pentagon using the information to scope out servicemembers believed to be gay or bisexual.

The Intel Corporation initially planned to manufacture the computers with the PSN in the on" mode, but the world's largest chip maker then decided to reverse that decision and distribute the computers with the PSN in the off" mode, requiring computer users to turn it on before they enter a web site. Chip opponents were not pleased with the so-called compromise" because, as they allege in their complaint, they fear that web site operators and companies will require users to have the PSN on before users can enter a web.

At its core, the Pentium III PSN establishes a system that supports the widespread tracking and monitoring of individuals' online behavior. ... Our experience warns that without real consumer control and policies limiting their use, unique identifiers threaten privacy," reads the April 8 complaint signed by GLAAD and the other organizations. The combination of Intel's market dominance, coupled with the lack of accurate material about the privacy implications of the PSN, and the inability of individuals to control the use of the PSN, the PSN [places] consumer privacy at risk."

The alleged abuses

The seven-page supplemental complaint then elaborates why the groups believe the PSN has unique privacy concerns in comparison with other web site identifiers, such as those known as cookies."

Because of the possible wide adoption and Intel's plans for broad use for the PSN, we believe it raises a greater potential for privacy erosion than other existing identifiers," states the complaint, which then alleges specific harms to privacy: the expectation of anonymity, the expectation of fairness and control over one's personal information, and the expectation of confidentiality.

Imagine walking through a mall where every store, unbeknownst to you, placed a sign on your back. The signs tell every other store you visit exactly where you have been, what you looked at, and what you purchased. Something very similar to this is possible on the Internet," the complaint continues. The introduction of the PSN threatens [anonymity] by providing a means of surreptitiously tracking and monitoring information, revealing every stop a person makes on the web ... This transactional data ... can provide an extremely detailed 'profile' of an individual's online life."

The complaint goes on to say that the PSN takes away an online user's control over his or her personal information because Unlike a real world identifier, such as the Social Security Number ... the PSN is capable of being collected without the individual's knowledge and consent. ... The PSN does not provide individuals with direct control over its disclosure."

The April 8 complaint specifically states that protecting people's online privacy is critical for them to exercise their First Amendment rights to seek out information, and it even makes specific reference to the privacy concerns faced by gay youth.

The anonymity that the Internet affords individuals has made it an incredible resource for those seeking out information, particularly where the information sought is on controversial topics such as sex, sexuality, or health issues such as HIV, depression and abortion; the ability to access information without risking identification has been critical," the complaint reads. Studies in both the online and offline world reveal that an actual or perceived lack of privacy chills individuals' access to information.

A [recent study] found that online access was critical to gay youths' ability to come to terms with their sexual orientation," it continues. The ability to gain information without risking exposure of their identity was pivotal." A footnote to the complaint attributes that information to a 1997 study -- conducted by Oasis Magazine, !Outproud! and the National Coalition of Lesbian, Gay, Bisexual and Transgender Youth -- in which it was reported that 68 percent of gay youth were able to come to terms with their sexual orientations as a result of online access.

The complaint then concludes that the PSN will needlessly erode anonymity and facilitate the practice of collecting personal information from web site visitors without proper notice to them and without their consent. The introduction of the all-purpose PSN threatens anonymity and undermines ongoing efforts to promote responsible and fair information practices in the online environment. ... We ... respectfully request the [FTC] to exercise its powers to protect consumers' privacy interests in the online environment."

Intel executives already have said their company will not pull the Pentium III microprocessors off the market. There is still no word on whether the FTC will require or ask the company to do so.
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