Privacy and Free Speech:

It's Good for Business

Nicole A. Ozer, Esq.Technology and Civil Liberties Policy Director

ACLU of Northern California

Online at www.dotrights.org/businesses

Why Invest in Privacy and Free Speech?

Why Invest in Privacy and Free Speech?

• Build Trust and Loyalty With Customers

In a recent survey of over 1,000 Americans:

• More than 50% said that online privacy was “really important”

Users in a 2008 study were “very concerned” about

• law enforcement access to data (49%)• inability to delete files or records (63%)• targeted advertising (68%)• files used for marketing purposes (80%)• files sold to third parties (90%)

A 2007 study concluded that users would pay $0.60 more for a $15 item in order to protect their privacy.

A 2000 study estimated the total lost revenue due to privacy fears at $6 billion.

Why Invest in Privacy and Free Speech?

• Build Trust and Loyalty With Customers• Protect Your Reputation and Relationships

Why Invest in Privacy and Free Speech?

• Satisfy Consumer Demands• Protect Your Reputation and Relationships• Avoid Expensive Lawsuits and Fines

Why Invest in Privacy and Free Speech?

• Satisfy Consumer Demands• Keep Business Partners Happy• Avoid Expensive Lawsuits• Generate Positive Press and Build Brand

Why Invest in Privacy and Free Speech?

• Satisfy Consumer Demands• Keep Business Partners Happy• Avoid Expensive Lawsuits• Generate Positive Press ... Not Negative

What Can You Do?

What Can You Do?

Keep Users Informed

• Develop a Comprehensive Privacy Policy• Post Your Privacy Policy Prominently• Follow Your Privacy Policy• Alert Users About Changes• Provide Notice Before Updates

Protect Users While Collecting Data

• Collect Only Necessary Information• Aggregate or Anonymize• Inform Users About Data Collection• Use Opt-In Before Sharing• Allow Users to Correct and Delete

Minimize Disclosures of User Data

• Comply Only Where Required By Law• Provide Notice and Opportunity to Contest• Disclose Only Required Information• Safeguard User Data• Respond Quickly to Breaches• Protect Users from Monitoring

Promote Free Speech

• Develop Content-Neutral Policies• Protect Anonymous Speech

Protect Legitimate Speech

• Draft Terms of Service to Avoid Stifling Speech

• Refrain from Monitoring Speech• Respect Free Speech in Takedowns• Allow for Fair Use when Using DRM

Make Privacy and Free Speech a Priority

• Design for Privacy and Free Speech• Build on Successes• Learn From Mistakes

Change the System

• Push for Upgraded Privacy Laws• Don't Get Caught Between User Demand

for Privacy and Third Party Demands for Information

Privacy and Free Speech:It's Good for Business

Online at www.dotrights.org/busine

sses