Without going into too much detail,
I must admit that online advertising is what pays my college tuition, in an
indirect sort of way. Consequently, my ethical response to online advertising
is likely a bit more biased toward acceptance than most other people. At its
core, online advertising is the result of companies cleverly making use of the
data available to them. On the level, such behavior is in no way ethically
reprehensible. The standard methods companies use to gather their data, i.e.
page-view tracking, purchase history, social media analysis, etc. are all
legitimate (this post will refer to them as reasonably-public) methods because
they gather data which the subject knowingly and willingly makes public. Any
post on social media should, in my opinion, be fair game for usage by a third
party. Additionally, page-views and purchase history are all conscious
decisions which the subject generally knows have the potential to be observed
by a third party and thus become reasonably-public data. When the subject makes
these decisions, it is on her to make her peace with that fact. (I would,
however, like to see a beefed-up Incognito Mode become a better option for
those who truly cannot fathom the idea of their browsing being observed.)
The
New York Times and The Guardian
both chronicle cases of legitimate data collection. Target makes use of
customer’s conscious and public decisions to great effect. Facebook collects
social media data which is, by definition, public. (Social media? Come on…) Even the cases where lenders and recruiters
collect data on their customers, as decried by the Kaspersky blog, is
legitimate. In a society in which every company has the obligation to perform
well for customers and shareholders alike, all potential competitive advantages
which can be legitimately and legally acquired should be considered and used.
However, when data to be used for
advertising is acquired illegally—whether through hacking, intimidation, or
bribery—the data itself and the resulting analytics and company actions become ethically
disagreeable. Illegally or illegitimately acquired data not only gives the
company in question an unfair advantage in the marketplace, but it also puts
the customer at a disadvantage. A person whose not-reasonably-public decisions,
identity, and preferences are compromised must now work hard to (if possible) restore
his or her identity and good reputation. Nor should that person be expected to
be the vanguard of their own not-reasonably-public data. That responsibility
lies with the companies who can mobilize large IT departments to protect
financial secrets, matters of identity, and so forth. Individual people
generally do not have the IT expertise or physical ability to fully protect
their own not-reasonably-public data, and so that charge shifts to the other,
generally more powerful, party.
With the current (and most logical)
precedent of companies each holding and owning the data they collect on their customers,
it is incumbent on those companies to protect the data from hacking and leaking
for two reasons. First, hacking or leaking of not-reasonably-public data
breaches the necessary relationship built on trust between the company and the
customer as described in the previous paragraph. Second, it removes the
marketplace advantage the company might have had by owning the data. Within
this second point lies my justification for why companies should be allowed to
sell reasonably-public user data. A key component of the modern marketplace
economy is the securitization and distribution of individual bits of data
(stocks, bonds, mortgages, etc.) In my opinion, reasonably-public user data is just
more data ready to be securitized. Therefore, companies should be allowed to
package and sell user-data in a responsible, airtight manner when the purchaser
can prove that it will use the data for legitimate ends. Additionally, if the
government has a very legitimate need
for the data and can provide a warrant or court order, they should be provided
with the data (in most cases.) Overall, the major keys when dealing with user information and advertising are legitimate collection of reasonably-public data, mindful protection of that data, and sound market practices when dealing with the data.
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