Privacy and Free Speech:

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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
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Why Invest in Privacy and Free Speech?
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Why Invest in Privacy and Free Speech?

• Build Trust and Loyalty With Customers

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• In a recent survey of over 1,000 Americans
• More than 50 said that online privacy was
  really important

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• 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)

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• 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.

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Why Invest in Privacy and Free Speech?

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

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Why Invest in Privacy and Free Speech?

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

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Why Invest in Privacy and Free Speech?

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

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Why Invest in Privacy and Free Speech?

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

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What Can You Do?

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What Can You Do?

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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

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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

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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

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Promote Free Speech

• Develop Content-Neutral Policies
• Protect Anonymous Speech

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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

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Make Privacy and Free Speech a Priority

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

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Change the System

• Push for Upgraded Privacy Laws
• Don't Get Caught Between User Demand for Privacy
  and Third Party Demands for Information

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Privacy and Free Speech It's Good for
Business Online at www.dotrights.org/businesses