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For streaming media to succeed, people will need to trust the system to guard their privacy. In every transaction involving streaming media, there will be opportunities for private and personal information to be recorded and accessed. Consumers need to feel confident that unauthorized access to that information will never take place.
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They must also be confident that simple-minded interpretation of the data gathered will not lead to nightmare consequences. Already today there are people whose lives have been ruined by identity theft, in which a person gains access to another person s data shadow, simply by knowing his or her social security number, address, and mother s maiden name. Thereafter, the criminal passes himself off as that person, running up debts and never paying them. If the data held on file for the person whose identity had been stolen were interpreted in a simpleminded way, as it often is today, the victim could spend the rest of his or her life trying to prove to people that they are of good character and credit rating and that the violations occurred because of identity theft. There is no easy way to erase the misdeeds of felons done in your name (and with your digital identity). Another example of the abuse of privacy because of simplistic interpretation of data gathered about a person involves credit references. In the UK today, consumers can be refused credit, even though they have the ability to pay and an immaculate credit history, simply because more than the right number of credit references has been recently requested. This is a good protection against consumers or fraudsters applying for excessive credit, but it is common for people buying a house to run many credit checks while shopping around for the best mortgage. Yet, by overly simplistic interpretation of the number of credit reference requests for an individual consumer, they can find themselves in a store, in public, being refused credit as if they were a criminal or unable to pay. This is an abuse of privacy that cannot be condoned, yet is the prevailing situation today in the UK. What most fail to realize, when they interpret data about a person and infer some form of suspicion or guilt, is that people are innocent until proved guilty. Data in a database provide no such proof of guilt, unless an unbroken and untainted chain of evidence, sufficient to stand trial in court, can be established, linking the data held to the person s actual activities. Otherwise, the data merely serve to form a not necessarily well-founded allegation. The number of credit checks registered on your file says almost nothing about you, if they can equally accumulate through a legitimate search for the best mortgage as well as through the activities of a fraudster, for example. Companies or agencies that treat individuals with prejudice, on the basis of assumptions made according to data held about them, or those that deliberately contaminate data held about a person, ought to be prosecuted with the full force of the law. However, I know of no such case ever being successfully prosecuted, nor if there are even sufficient
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legal powers in existence to prevent this kind of abuse. In any case, proof of simplistic data interpretation leading to prejudice or of deliberate data contamination is exceedingly difficult for the individual to obtain. How can you know you are on a secret black list if you can t see the list How can you discover who put you on the list and their reasons for doing in the first place How can you challenge and correct an unfair listing, or limit the extent to which the faulty list is propagated and perpetuated The answer is that data about an individual is content and should be subject to digital rights management, with every access authorized and granted according to each individual s terms of use of that data. Why should media producers get all the protection Imagine if the character of a content producer were judged according to the storylines of fictional productions. Who would ever invite Stephen King to be a houseguest, if that situation prevailed Yet, individual consumers have their character assessed according to digital artifacts about their lives stored in vast, anonymous databases, every day. The Kafkaesque burden of guarding privacy is too onerous to fall on the shoulders of the individual. Rather, the state must provide protections, so that companies, individuals, or government agencies that abuse an individual s privacy are subject to prosecution under criminal law, with the guiding minds individually accountable. Digital rights management is not only about protecting commercial interests from theft of their content, it is also about managing the individual s rights to private data, which is just another form of digital content. Streaming media has the potential to provide much richer data about a person, which can be gathered by companies, individuals, or other agencies. With the richness comes some protection against simplistic interpretation, but also other opportunities for that data to be used against the person by persons or agencies unknown. For streaming media not to fail, consumers need watertight assurances that their data will never be abused. A privacy statement on a Web site does not suffice. Digital rights management systems being developed for streaming media applications must also include methods to protect consumers rights to control access to and use of their private data.
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