Comment MediaDefender, NebuAd, and clickstreams (Score 1) 729
I don't see how this can apply to anyone doing non forensic computer repair. However, looking at section 1702.104 and the exemptions in section 1702.324 I can see a couple of interesting places this law could apply.
The obvious one, which is not a new idea, relates to companies like MediaDefender performing investigations on behalf of the RIAA and MPAA. They act like a private investigator but do not have a licence to do so (obtaining or furnishing information related to identity, habits, location, transactions, etc of a person with computer-based data not available to the public (subsections (a)(1)(B) and (b) )); MediaSentry role in RIAA lawsuit comes under scrutiny.
The non obvious one deals with anyone who works with clickstream data, e.g. NebuAd,Doubleclick, Google, etc. They all obtain information to do with a person and subsection (a)(1)(B) is a huge or statement. Since identity is one of these ors you could define a person using a unique identifier, only track habits, location, affiliations, or transactions, and still possibly be subject to this.
Is a unique identifier a person? It could be, AOL Proudly Releases Massive Amounts of Private Data
" AOL has released very private data about its users without their permission. While the AOL username has been changed to a random ID number, the abilitiy to analyze all searches by a single user will often lead people to easily determine who the user is, and what they are up to. The data includes personal names, addresses, social security numbers and everything else someone might type into a search box.
The most serious problem is the fact that many people often search on their own name, or those of their friends and family, to see what information is available about them on the net. Combine these ego searches with porn queries and you have a serious embarrassment. Combine them with "buy ecstasy" and you have evidence of a crime. Combine it with an address, social security number, etc., and you have an identity theft waiting to happen. The possibilities are endless. "
Something to think about... But then again, IANAL and not even an American so what would I know.
Sec. 1702.104. INVESTIGATIONS COMPANY.
(a) A person acts as an investigations company for the purposes of this chapter if the person:
(1) engages in the business of obtaining or furnishing, or accepts employment to obtain or furnish, information related to:
(A) crime or wrongs done or threatened against a state or the United States;
(B) the identity, habits, business, occupation,knowledge, efficiency, loyalty, movement, location, affiliations, associations, transactions, acts, reputation, or character of a person;
(C) the location, disposition, or recovery of lost or stolen property; or
(D) the cause or responsibility for a fire, libel, loss, accident, damage, or injury to a person or to property;
(2) engages in the business of securing, or accepts employment to secure, evidence for use before a court, board, officer, or investigating committee;
(3) engages in the business of securing, or accepts employment to secure, the electronic tracking of the location of an individual or motor vehicle other than for criminal justice purposes by or on behalf of a governmental entity; or
(4) engages in the business of protecting, or accepts employment to protect, an individual from bodily harm through the use of a personal protection officer.
(b) For purposes of Subsection (a)(1), obtaining or furnishing information includes information obtained or furnished through the review and analysis of, and the investigation into the content of, computer-based data not available to the public.