Junkbusters

Junkbusters Awards for Privacy in Commerce


What, where, who and why?


[Feedback]  Scope and purpose of the awards

The Junkbusters Awards for Privacy in Commerce recognize people, institutions, technologies, contributions to public discourse, and especially companies that are outstanding (for better and for worse) in the world of privacy and business.

The awards have some similarities with the unrelated Orwell Big Brother Awards, but with the major difference that government intrusions such as excessive surveillance by law enforcement are disqualified.

The call for nominations has closed. However nominations for the next similar event may be submitted via an online form at http://www.junkbusters.com/awards.html#form (here).

[Feedback]  Awards ceremony

The award winners were announced at a ceremony at 5:45pm on Monday November 8 at the Holeman Lounge of the National Press Club, Washington, DC. Here are the winners, each followed by an indication of whether the award was positive or negative.

  1. Ed Markey [+]
  2. Orson Swindle [-]
  3. e- loan [+]
  4. Jointly, Microsoft and TRUSTe [-]
  5. Richard M. Smith [+]
  6. The Center for Media Education [+]
  7. Robert Ellis Smith [+]

Two photographs are available with Catlett left in the blue shirt, Markey center in the white shirt, and Hendricks right in the striped shirt. [Photo1] [Photo1]

[Feedback]  Panel of Judges

The following people served on the panel of judges.

  1. David Banisar, Privacy International
  2. Robert Bulmash, Private Citizen
  3. Jason Catlett, Junkbusters (Chair)
  4. Lisa Dean, Free Congress Foundation
  5. Evan Hendricks, Privacy Times
  6. Marc Rotenberg, EPIC
Thanks are also due to the people who sent nominations and provided advice and suggestions.

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The finalists and categories


The film industry gives awards based on the consensus elements of good movie-making: acting, screenplay, soundtrack, cinematography, and so forth. The categories for the Junkbusters Awards are based on what privacy advocates want from businesses, legislators and regulators:
  1. Fair information practices in all handling of personal data;
  2. Strong rights for individuals;
  3. Institutional support and enforcement against violators; and
  4. Technological infrastructure that supports privacy and anonymity.
Junkbusters also promotes the reduction of junk communications.

The nominees were evaluated, and many were discarded (even many who had made a significant contribution) to form a list of finalists who were the strongest contenders. Certain parties were disqualified from consideration: judges and sponsors, and institutions affiliated with them.

Each finalist begins with either +ve in the case of a positive nomination for improving privacy or -ve in the case of a negative nomination for harming privacy.

The top-level breakdown is by corporate entities, and officials (elected and appointed). Two categories are open to all kinds of individuals and entities: Technology and Technologists and Public Discourse.

Only a small number of ``distinguished winners'' will receive prizes. In most categories no finalist is distinguished.

[Feedback]  Public officials


+ve: Sheila Anthony, for recognizing and asserting the need to develop privacy rights for online consumers
+ve: Jointly: Sens. Richard Bryan (D., Nev.), and Richard Shelby (R., Ala.) and Rep. Edward Markey (D., Mass.), for their bipartisan attempts to include privacy protections in the Financial Services Bill.
+ve: Sen. Richard Bryan (D., Nev.), for the Children's Online Privacy Protection Act of 1998, for protecting privacy in banking, and for legislation for Internet privacy proposed this year.
+ve: Jointly, Peter J. Barnes, Jr., and Barbara Buono (NJ Assembly), for advancing state Internet privacy law based on Federal proposals
+ve: Sen. Conrad Burns, (R., Mont.), for the Online Privacy Protection Act .
+ve: Jointly: Gov. Argeo Paul Cellucci and Lieutenant Governor Jane Swift (Massachusetts), for proposed extensive privacy protections for the state [News release]
+ve: Mike Hatch, for his suit against U.S. Bank's sale of detailed financial information to telemarketers
+ve: Rep. Jay Inslee, (D., Wash.), for strong support for financial privacy and outstanding public statements.
+ve: William Kennard, for defense of the FCC's rules requiring opt-in for use of phone call records for marketing
+ve: Rep. Gary Miller (R., Ca.), for his groundbreaking spam-control law in California and for similar proposed legislation since his election to the Federal House
+ve: Rep. Edward Markey, for his extensive record of leading the House in privacy, including Telephone Consumer Protection Act of 1991, his letter to Intel objecting to the Pentium III Processor Serial Number , his advocacy for Internet privacy rights.
+ve: Sen. Richard Shelby, for legislative protections for drivers' privacy, and his fighting for privacy protections in the Financial Services Bill.
+ve: Jointly, the many state legislatures who have enacted privacy protections, for picking up where Congress left off
+ve: Sen. Jackie Speier (D-San Francisco/San Mateo), for the first state legislation prohibiting the selling or sharing shoppers' personal information.

Negative finalists:
-ve: David Aaron, for his tireless efforts to oppose the adoption of privacy laws both in the United States and around the world
-ve: Jointly, Rep. Jim Leach (R., Iowa) and many other members of congress, for profound disregard of privacy in Financial Services Act.
-ve: Orson Swindle, for voting against the FTC's action against ``pretexters'' who obtain personal information by deception, and for a "9.9 out of 10" score for opposition to privacy protections

[Feedback]  For-profit corporations

Nominations of for-profit corporations, which form the bulk of the nominees, are placed into one of eight categories according to the most relevant principle of Fair Information Practice (a link on the category name leads to a detailed explanation of the Principle from the OECD guidelines).

  1. Collection Limitation
    -ve: RealNetworks, for its RealJukeBox software that secretly collected and transmitted data about users habits
    -ve: GE, for secretly identifying seemingly anonymous survey response envelopes
    -ve: Image Data LLC, New Hampshire, for its US$1.5 million contract with the US Secret Service to create a national identity database of drivers' photos
    -ve: Jointly, the online advertising networks, for collecting grossly excessive profiles of Web users
    -ve: Intel, for its Pentium III Processor Serial Number (PSN)

    Positive:
    +ve: IBM, for being the first PC manufacturer to announce it would disable the PSN in BIOS
    +ve: Nob Hill Foods, for ending its store card program, thereby giving anonymous purchasers the same prices

  2. Data Quality
    -ve: Jointly: the three major credit reporting agencies (Equifax, Experian, and Trans-Union), for consistently high levels of errors in credit reports
    +ve: NetCreations, for pioneering the commercial use of "double opt in" to ensure people signed up for email lists haven't given the wrong email address
  3. Purpose Specification
    -ve: Doubleclick, for telling consumers for years that their cookies are anonymous, then quietly removing that representation from their privacy policy
    -ve: Jointly, Polk and other compilers of direct marketing lists, for warranty registration cards that fail to adequately explain that the information is not necessary for warranties, and will result in junk mail
  4. Use Limitation
    -ve: US Bank, for selling phone numbers, credit card numbers and extensive financial details about its customers to telemarketers
    -ve: Jointly, many banks, who also do so
    -ve: Charter Pacific Bank of Agoura Hills, for selling 3.7 million credit card numbers to a convicted felon.
  5. Security Safeguards
    -ve: GTE, for including about 50,000 unlisted numbers and addresses in the lists that they routinely sell to telemarketers
    -ve: Experian, for a history of severe improper disclosures of personal data
    -ve: Microsoft/Hotmail, for security failures allowing its members' email to be read by anyone
    -ve: Microsoft, for dozens of serious bugs in the Internet Explorer Web browser that can expose consumers' personal files
  6. General Openness
    -ve: Microsoft, for its previously secret GUID in Office '98 documents, and its collection of registration data with the GUIDs
    -ve: RealNetworks, for not disclosing the presence of a Global User ID (GUID) in its software
  7. Individual Participation
    -ve: Trans-Union, for repeated failure to amend incorrect credit data of victims of identity fraud
  8. Compliance and Accountability
    -ve: Jointly, the Individual Reference Service Group companies, for not disclosing details of audits of their practices
    -ve: Jointly, Microsoft and TRUSTe, for failure to commission an audit following the GUID incident, and for announcing that the audit of Hotmail gave them a clear bill of health, while still refusing to disclose even the name of the auditor.

    Positive:
    +ve: E-Loan, for establishing regular independent audits of the conformance of its information practices with its comprehensive privacy policy [CBS MarketWatch]

[Feedback]  Technologies and technologists


-ve: Thomas W. Heeter, for a patent on tattooing barcodes onto live human beings

Positive:
+ve: Georgi Guninski, for finding numerous security flaws in Microsoft's Internet Explorer (a Web browser)
+ve: Jointly, Dave Kristol and Lou Montulli, for RFC 2109, which if implemented would reduce third-party surveillance via Web cookies
+ve: Lucent Technologies, for LPWA, which until recently provided free, ad-free demonstration of Web anonymization and privacy technologies
+ve: Mr, Richard M. Smith for his numerous investigations into intrusive technologies including the Microsoft GUID

[Feedback]  Public discourse

For-profit corporations
-ve: US West, for their appeal leading to a court's decision to allow use of phone call details for marketing purposes without consumer's consent, and then calling it "definitely consumer friendly"
+ve: Forrester Research, for its analysis of how the lack of privacy protection is holding back ecommerce

Non-profit organizations
-ve: Direct Marketing Association, for sustained lobbying against privacy laws, and for its e-MPS system to promote spam
-ve: Global Business Dialog, for a single press release calling for for a strong protection of intellectual property rights for companies and no privacy laws for consumers.
+ve: Canadian Marketing Association, for its decision to prohibit its members spamming and its support for the comprehensive privacy law making its way through Canada's parliament
+ve: Center for Media Education, for their report Web of Deception and work towards the progress of the Children's Online Privacy Protection Act.

Individuals
-ve: Scott McNealy, for his notorious remark "You have zero privacy anyway. Get over it." [McNealy Op-Ed] [RM Smith reply]
+ve: Robert Biggerstaff, for his tireless efforts as privacy activist, both in court and in public and his fights against invasive and illegal telemarketing.
+ve: Robert Ellis Smith, for Privacy Journal and several seminal books on privacy

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