Law in the Internet Society

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 An opt-in system provides the best internet privacy option. As a default starting position, people are entitled to privacy and they must take action before such privacy is relinquished. Of course there are legitimate reasons that persons would want to know certain information about a person—such as the credit history and ability of a prospective tenant to pay rent. Another example might include the political (and possibly even personal activities) of a public figure such as a U.S. Senator. In the former case, however, the tenant is choosing to disclose certain personal information to the landlord through contract. In the latter case the U.S. Senator is voluntarily relinquishing certain privacy rights by becoming a public figure (the Senator’s formerly personal information becomes relevant to the public because the Senator’s behavior could directly affect the public).
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<		An opt-in system for data mining provides the best opportunity for implementation of the potentially competing goals of obtaining relevant information while protecting privacy rights because the relinquishment of natural rights of privacy are based on the individual’s choice in exchange for something that he considers more valuable.
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>		There is not a bright line where one person’s right to information overcomes another’s right to privacy. However, society should error on the side of privacy with privacy rights only being overcome where there is a compelling showing of need for the information or the person giving up her privacy rights has made a knowing decision to do so under the circumstances. An opt-in system for data mining provides the best opportunity for implementation of the potentially competing goals of obtaining relevant information while protecting privacy rights.
 IV. IMPLEMENTATION OF THE “OPT-IN” SYSTEM

Revision 13r13 - 27 Jan 2010 - 17:05:31 - BrettJohnson
Revision 12r12 - 25 Jan 2010 - 05:15:51 - BrettJohnson
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