The Wall Street Journal recently reported on the
collision of Nielsen, the media research firm, and the website
PatientsLikeMe.com, an online discussion board support group for people with
emotional disorders. Participants at
PatientsLikeMe discovered that Nielson had gained membership on the site in
order to “scrape” the messages on the forums.
Scraping is an automatic, computational method for copying
large amounts of data – like the content of a very large number of message
board posts. That kind of data in turn
can be extremely valuable to market researchers who may want to monitor online
“buzz” for their clients – including the manufacturers of drugs that the
participants on PatientsLikeMe were discussing.
And the market for this service is booming as firms collect personal
details from social networking sites and other online communities all over the
Internet.
Keep in mind also that some of these sites may sell data
about their users themselves, often promising anonymity, with no names
attached. However, it is well
established that “anonymized” data very often isn’t anonymous at all. Ten years ago, research showed that 87% of
all Americans can be uniquely identified with only three pieces of information:
ZIP code, birthdate, and sex. And this
issue came into the spotlight again recently when privacy researchers admonished
Netflix for releasing large amounts of customer data.
Sites selling data themselves might be covered in their
Terms of Service, but what about these third-party market researchers – is
scraping for your personal information legal?
Right now, the law is pretty unclear, especially with contradictory
rulings on the issue in U.S. courts. And
scrapers and data brokers are arguing that any information that’s available
online is fair game.
Particularly in online communities where sensitive topics
such as medical issues are discussed, participants want to feel that their
privacy is safe. Though unfortunately
this ties into a topic we discussed previously – beware of false friends
on the Internet. Or at least, until
there is some clearer legal precedent for the privacy of your personal
information, beware that what you say online might end up in a company’s
datasheet.