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News - May 2001 (Click here for other stories in this issue)
Who's Reading Your Email?
By Tsee Yuan Lee, President

People speak of the government as a Big Brother watching over every details of our lives, but they often forget the private sector’s quiet usurpation of personal information. Even those knowledgeable on the subject were stunned when they learned that major Kyoto's supporters camp in front of Day HallMicrosoft websites gave the company ownership and usage rights of its members’ information, emails, and chat records. Indeed, the 2-year-old Terms of Service (TOS) for Passport sites, which include Hotmail and MSN Instant Messenger, said that Microsoft could without compensation

 

"1. Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such communication.

2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

3. Publish your name in connection with any such communication."



Microsoft wanted and gained control and rights over all the email and chat messages.


Most services and software require you to agree to some terms when you sign up or install the software, but few if any users read the terms because of the legalese. Yet this is uncharacteristically clear: Microsoft wanted and gained control and rights over all the email and chat messages. The computer industry has always fought against any government regulation on privacy, advocating self-monitoring as an effective alternative. So they form such organizations as Trust-e that allows websites to post a stamp of approval that has proven ubiquitous. Yet this group does not have any power to financially or legally punish members who break the rules. In fact, time after time it has learned of violations only when contacted by the media. Since its funding relies heavily on the generosity of corporate members such as Microsoft, it does nothing to stop errant behaviors.

Attentive users also discovered that Microsoft assigns a unique ID number system that can track all users of Windows 98 and later versions. Microsoft did not inform users of any of these activities, but even after they became known, Trust-e took no actions. That is why Microsoft has developed an even more intrusive mandatory registration system for the next version of Windows, in which it will likely scan the hardware and software of users and send them to Microsoft for inspection.

Even Adam Smith, the hero of laissez-faire die-hards, pointed out that businesspeople often aim for goals counter to that of the society in the pursuit of profits. Whether it is online privacy or cyber-filters, we must not let profit-seekers control what we see, hear, or write. Everyone worries about the Big Brother. We must guard against his corporate sibling.
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Copyright © 2001 Tsee Lee. All rights reserved.