Parry Aftab, Esq.,
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From the Mouths of Babes,

By Parry Aftab, Esq. 

More than 70 million Internet users in the United States are under the age of 18. They each spend more time online than most adults do (aside from work). They shop, make buying decisions, communicate, play games and search. They do their homework, collaborations and hold meetings online. They participate in surveys, fill out forms and register for online sites and services. They are the future of the Internet and e-communities and e-commerce. And, for smart e-businesses, the future is now! 

In preparation for the IAPP and TRUSTe West Coast conference on privacy where we were running a plenary panel on kids, teens and privacy, I polled thirty preteens and teens who work with TeenAngels.org (our WiredKids.org’s preteen and teen online safety program) about privacy. Their sophistication surprised me and I expect will surprise others too. 

The kids identified five areas of privacy that concerned them:

  • The collection and use of personally identifiable information;
  • Surveillance;
  • Intrusion on Seclusion;
  • Private facts made public; and
  • False light

These are very sophisticated concepts of privacy. The kids used different descriptions than these. But I have used the privacy law terms usually used to identify these issues. (Most are codified under state common law in the United States and may give rise to a legal right of action.) The kids defined the terms themselves, based on how they saw them.  

According to the kids: 

  • “Personally identifiable information” means any information that can be used to find you in real life. It includes full names, snail mail addresses, telephone numbers, schools they attend, the names of their sport teams, etc.
  • “Surveillance” included public surveillance, nanny cams, GPS tracking, monitoring software and spyware. They were particularly concerned about adware and whether the marketers knew who they were and could target them for pop-ups and SPAM.
  • “Intrusion on Seclusion” or as they called it “personal space” began as a concern over their room, their diaries and their phone calls. It then expanded to include intrusion by SPAMmers, pop-ups and anything else that gathers information about them and what they do online.
  • “Private facts made public” includes personal facts about their family, themselves or their close friends that are shared with the public (in newspapers of some kind) or with others through rumors or unauthorized disclosures. (Some of the children came from high profile families and knew the pain of this first hand and another one of the children had experienced cyber-bullying where personal and very private information about her was shared with kids at another school and quickly spread online.)
  • “False light” is when the facts disclosed are false or intended to create a false impression. It may not rise to the level of defamation, but can be as devastating. “Notify wars” and “warning wars” are when some children target another by provoking them into doing something or saying something online that violates their ISPs terms of service. The provoking child them reports them, often using AOL’s online abuse “notify” feature. (In cyber-bullying situations the rumors and lies that used to appear on the bathroom wall in the boys’ room now populate a wall 700 million people wide.)

When I asked them if they would be willing to have others track what they did online, they qualified their answers. “Would they be able to find us offline?” Would they SPAM us, send us pop-ups or otherwise bother us?” “Would they know who we were in real life?” “Would they try and contact us?” When I explained that in this magical world, the tracking would never be used to find them online or offline and would not be tied to any personally identifiable information. No one would try and sell them anything or try and contact them in any way. No one could SPAM them, send them pop-ups or otherwise bother them. Their next question was key, “How do we know we can trust them not to do what they promised they wouldn’t do?” I told them in my magical scenario that those tracking them were trustworthy and the information they gathered could not be compromised. 

Roughly half of the preteens and young teens told me that they didn’t see any problem with this totally trustworthy entity collecting information about what they did and how they did it. They had no problem with their collecting information about how many people they had on they buddy list, where they surfed, how long they spent at any page online and what they did online (subject to all the qualifications discussed above). They felt that if some benefit resulted from this information, such as learning how to create better interfaces or about how children use the Internet, it is worth their participation. 

The rest of the kids broke into two groups. One felt that they should be informed and asked for their approval before any information, even totally anonymous information, is gathered about them online. And this is where is gets complicated. They also stated that if anyone asked for their approval to collect this information, they wouldn’t give it. When I asked if it would then be better to have an “opt-out” mechanism, rather than an opt-in mechanism, they said that this wouldn’t be fair since no one would remember or take the time to opt-out. 

Rather than try and resolve these inherently inconsistent positions, I asked them if it made a difference if the party collecting this information was the government or a big company or any other company. They felt that it did make a difference. 

The kids seemed to trust the government collection, except they asked many questions about wiretaps and police investigations and what could be used and what couldn’t. They wanted to know whether evidence of a crime other than the ones being investigated could be used if discovered during an authorized wiretap. I told them that, generally, it could. (Interestingly, they were particularly interested in learning about whether personal conversations could be intercepted of anyone being investigated. I explained the rule about the investigators having to stop interceptions after a certain period of time if it appeared to be a personal communication and not related to the investigation. Then they asked about how the investigators could tell the difference between innocent communication and ones conducted in code, masquerading as a personal communication.)  

At this age most preteens and young teens trust law enforcement and view them as protecting them, rather than being concerned about police misconduct and surveillance techniques. The responses we received from older teens were slightly different. 

When asked about corporations collecting the information, they responded that it depended on how familiar they were with the company (and mentioned not knowing who Double-Click was and whether they were or weren’t to be trusted). They said that certain corporations could be trusted and were seen as being trustworthy. Others were not. 

When I brought up automatic updating of software, and used Microsoft as an example, the kids all became animated. “Microsoft,” they all shouted, “could be trusted.” (Peter Cullen, Microsoft’s Chief Privacy Strategist should appreciate that.) One young girl cautioned that even if the company thought they were doing something to help you, they may end up “screwing up your computer.” (This opinion was derived from a bad experience she ascribed to an iTunes update.) The others nodded compassionately. But all defended Microsoft. 

Besides, “if the company is doing something that helps you, or is good for you, it should be allowed to gather information and install updates.” They had no problem with companies knowing your equipment, software applications installed or how you used your computer or interactive technologies. If you benefited from whatever was being collected and the company didn’t intrude on your space, or bother you, or collect or share personally identifiable information, it was okay. All kids agreed. But most still wanted to be informed and asked if that was okay before the company gathered any information or did anything affecting their computer.  

“Even if they are doing something good for you, don’t they have to ask you first?” they wanted to know.  

I explained that most of the time you were asked first, at least sort of asked first. “You know those long legal pages that you have to click “I accept” on before you can install software or download anything from a site?” I asked. They all nodded. “Ho many of you have ever actually read them before accepting them?” Their heads moved as one. None had ever read them. “That’s where they hide this information.” There and in the settings where you tell them it’s okay to update software without letting you know, or if you want to pre-approve it each time. “How many of you click “never remind me again” when the computer tries to tell you that software is being updated, or something is being installed, or that a site violates your security or privacy settings?” Again, all sheepishly nodded. 

Okay, I thought I was actually getting somewhere. “So, if there is something you get out of it, it’s okay to share the information, right? (Those of you with preteens and teens know what happened next…) “No,” they shouted in unison. “It depends. If you get a reward or something of value back then it is fair to give this information away.” 

 “So,” I responded, “you will give away this information if you are rewarded for giving it away?”  

The kids again disagreed with each other. “If the Gap wants to know what I like and don’t like, to be able to sell to me or other kids better, they should give me something for it,” said one cherubic 13 year old girl. 

“But, if they offered me some kind of reward, I wouldn’t trust them. I would be suspicious of their motives,” shared another preteen. 

Great, back to the drawing board… 

What have we learned about kids and teens and privacy online? The first thing is that they understand privacy. They also understand trust. If you violate that trust, you will not be given a second chance. Big names, with lots of brand recognition are seen as more trustworthy. Companies that have not had the best history of privacy compliance may find comfort in the fact that they are not household names to the teens. So their credibility among the newest Internet generation may not have been damaged. 

They also want to be kept informed, but not bothered. And want the ability to control their personal information and prevent intrusions. They recognize that the right method of getting their buy-in isn’t there yet. They are demanding your respect and acknowledging that they will work with you, if you are really adding value. Value to the Internet, to all kids’ surfing experience, to your website and business if you are truly trying to serve your young customers more effectively is “value.” You can also be focused on making more money because of this information, but the value component to the young Internet users has to be the primary impetus. 

It’s not often that marketers, respected brands and up-and-coming companies can address their future customers this early. And there is much to be learned. It’s all about sharing and not always taking. It’s about balance and not being greedy. It’s about earning their trust and not abusing it. Bottomline, with kids, preteens and teens (perhaps even more so than with their parents), it’s all about respect.

********************* 

WiredKids.org will be conducting a survey of preteens and young teens on privacy and trusted computing. If you are interested in helping sponsor this survey and related research, contact Parry Aftab directly at parry@aftab.com. WiredKids is a 501©(3) corporation and the child, preteen and teen division of WiredSafety.org, the world’s largest online safety and help group. WiredKids was formed in 1999, following Dr. Aftab’s appointment by UNESCO to head up their online child protection initiative in the United States.

 

 

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