IP: Micro$oft Monitor: Sidewalk Spam

[David Farber <farber () cis upenn edu>]

The Micro$oft Monitor
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Published by NetAction          Issue No. 2                    May 31, 1997     
Repost where appropriate. Copyright and subscription info at end of message.
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In This Issue:
Microsoft's Sidewalk Spam
About The Micro$oft Monitor
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Microsoft's Sidewalk Spam


If you're planning to visit Microsoft's New York Sidewalk site, prepare to
be spammed.


Last week, a sharp-eyed visitor to this site noticed the "Terms and
Conditions" link that appears in tiny print on the site's home page.  His
findings were reported in the May 28 issue of Computer Privacy Digest
<http://www.uwm.edu/org/comp-privacy/>, a moderated forum for discussion on
the effect of technology on privacy.   


Near the very end of the long, legalistic reminder that Microsoft owns the
Sidewalk site and just about everything else, you'll find a section entitled
"Use of Information."  If you take the time to read this section carefully,
you'll discover that it gives Microsoft the right to "share" all of the
information about you that it collects during your visits to the site.
"Share" in this instance appears to be a euphemism for "sell."  And
cyberspace consumers who visit the site can expect to become targets for
electronic marketing efforts -- aka spam --  by Microsoft and any business
it chooses to "share" the information with.


Microsoft is by no means the only company that collects information about
cyberspace consumers, uses it for marketing, and sells it to other
electronic marketers.  But by hiding its intentions within the "fine print"
of a legalistic "Terms and Conditions" page, Microsoft is doing its best to
keep site visitors in the dark about its plans. 


At NetAction, we think companies that collect and use customer information
for marketing purposes ought to say so up front -- and in plain words rather
than legalistic jargon.  We plan to raise this concern next week when we
visit with officials at the Federal Trade Commission (FTC) to discuss
Internet-related consumer protection issues.


The Sidewalk site is at <http://www.newyork.sidewalk.com/>, for those who
want to see for themselves.  And for those who would rather *not* become a
target for Microsoft's spam, the disclosure language is included below.


USE OF INFORMATION


                   The name, address and payment information (if
                   applicable) that the user provides via this Web site,
                   together with information regarding the manner in which
                   the user uses this Web site, will not be processed or
                   disclosed by Microsoft except as permitted by these
                   terms and conditions. By being a user of this Web site,
                   the user agrees that Microsoft may share with other
                   parties both aggregate information, individual
                   information and locator information gathered by
                   Microsoft in the course of the user's continuing
                   individual use of this Web site. "Aggregate
                   information" is information that describes the habits,
                   usage patterns and/or demographics of users as a
                   group but does not describe or reveal the identity of
                   any particular user. "Individual information" is
                   information about a user that is presented in a form
                   distinguishable from information relating to other users
                   but not in a form that personally identifies any user or
                   enables the recipient to communicate directly with any
                   user. "Locator information" consists of a user's name,
                   e-mail address, physical address and/or other data
                   about the user that enables the recipient to personally
                   identify the user. Any user who does not wish to
                   receive any special offers or communications from
                   Microsoft on behalf of suppliers, or directly from
                   Microsoft or its affiliates, may so notify Microsoft at the
                   listed below under SERVICE CONTACT. (Note that a
                   user's election not to receive such information will not
                   affect the user's receipt of offers and communications
                   that were processed prior to the user's election.) Locator
                   information and individual information will be processed
                   and stored by Microsoft in the United States and, if the
                   user does not live in the United States, possibly in the
                   country of residence. Users may contact Microsoft to
                   determine whether such information has been
                   accurately recorded and, if not, to request correction of
                   any inaccuracies in the information recorded by
                   Microsoft.
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About The Micro$oft Monitor


The Micro$oft Monitor is a free electronic newsletter, published as part of
the Consumer Choice Campaign <http://www.netaction.org/msoft/ccc.html>.
NetAction is a national, non-profit organization dedicated to educating the
public, policy makers, and the media about technology-based social and
political issues, and to teaching activists how to use the Internet for
organizing, outreach, and advocacy.


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Copyright 1997 by NetAction/The Tides Center.  All rights reserved.
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