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Privacy Your Rights Online

Ebay's Flexible Privacy Policy 349

l2718 writes "Ha'aretz has a disquieting report on a presentation made by eBay's senior counsel to law-enforcement officials. Apparently eBay logs all user interaction with them, and will happily hand over all the information to any law-enforcement official without a warrant -- a fax is quite sufficient. He is actually proud of their 'flexible' privacy policy."
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Ebay's Flexible Privacy Policy

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  • How much.. (Score:5, Funny)

    by adamofgreyskull ( 640712 ) on Thursday February 20, 2003 @12:52PM (#5344528)
    ..did *his* soul go for on e-bay?
  • Text of Article (Score:5, Informative)

    by Anonymous Coward on Thursday February 20, 2003 @12:52PM (#5344531)
    I don't know another Web site that has a privacy policy as flexible as eBay's," says Joseph Sullivan. A little bit later, Sullivan explains what he means by the term "flexible." Sullivan is director of the "law enforcement and compliance" department at eBay.com, the largest retailer in the world.

    Sullivan was speaking to senior representatives of numerous law-enforcement agencies in the United States on the occasion of "Cyber Crime 2003," a conference that was held last week in Connecticut. His lecture was closed to reporters, and for good reason. Haaretz has obtained a recording of the lecture, in which Sullivan tells the audience that eBay is willing to hand over everything it knows about visitors to its Web site that might be of interest to an investigator. All they have to do is ask. "There's no need for a court order," Sullivan said, and related how the company has half a dozen investigators under contract, who scrutinize "suspicious users" and "suspicious behavior." The spirit of cooperation is a function of the patriotism that has surged in the wake of September 11.

    eBay is the world's largest auction site. Some 62 million registered users buy and sell a variety of merchandise through the site, which charges commissions for every item sold. Sullivan claims that 150,000 Internet users earn their livelihood from the site, some having left their old jobs to become buyers or sellers on eBay.

    The sales method on the site is simple: An individual registers as a user, types in his particulars, and affirms that he accepts the user conditions and the site's privacy policy. Whenever an item is sold, the buyer fills out an evaluation form, telling other users about the treatment he received, whether the merchandise was sent on time, etc. Other eBay users can then avoid buying from sellers who have received poor grades.

    Sullivan says eBay has recorded and documented every iota of data that has come through the Web site since it first went online in 1995. Every time someone makes a bid, sells an item, writes about someone else, even when the company cancels a sale for whatever reason - it documents all of the pertinent information.

    One would think that preserving privacy of the users, whose moves are so meticulously recorded, would be keenly observed at eBay, whose good name in the Internet community is one of its prime assets. But in the U.S. of the post 9/11 and pre-Gulf War II era, helping the "security forces" is considered a supreme act of patriotism.

    Who needs a subpoena?

    "We don't make you show a subpoena, except in exceptional cases," Sullivan told his listeners. "When someone uses our site and clicks on the `I Agree' button, it is as if he agrees to let us submit all of his data to the legal authorities. Which means that if you are a law-enforcement officer, all you have to do is send us a fax with a request for information, and ask about the person behind the seller's identity number, and we will provide you with his name, address, sales history and other details - all without having to produce a court order. We want law enforcement people to spend time on our site," he adds. He says he receives about 200 such requests a month, most of them unofficial requests in the form of an email or fax.

    The meaning is clear. One fax to eBay from a lawman - police investigator, NSA, FBI or CIA employee, National Park ranger - and eBay sends back the user's full name, email address, home address, mailing address, home telephone number, name of company where seller is employed and user nickname. What's more, eBay will send the history of items he has browsed, feedbacks received, bids he has made, prices he has paid, and even messages sent in the site's various discussion groups.

    Attorney Nimrod Kozlovski, author of "The Computer and the Legal Process" (in Hebrew), heard the lecture, and could not believe his ears. "The consent given in the user contract should be seen as `coerced consent,' in the absence of any opportunity to exercise free choice, with no real alternative but to agree. This is most certainly not conscious consent."

    Kozlovski is part of the Information Society Project group at Yale Law School, in which he and his colleagues consider the effects of the new media on the structure of society. American law does not authorize searches of a person's home or body, he says, except in exceptional cases such as when the court authorizes a search, or when the individual gives his consent to a search.

    "In the case before us, the Web site signs the user to a document that says it can do whatever it wants with his information. The eBay contract signed by the user concedes his or her rights to protection from the government; in essence, as soon as the contract is signed, eBay can invite the government to do whatever it wants with the information, he says.

    A brief visit to the company's Web site reveals that the "user contract" that visitors are supposed to read before agreeing to the conditions is 4,023 words long. One paragraph makes reference to the site's "privacy policy." The user has to click on a link and is diverted to another document that is some 3,750 words long. It then takes another 2,390 words to reach the section about which Sullivan told the legal authorities: The user's privacy is solely up to eBay.

    "The users are asked to read and agree to the site policy before they can make use of it," eBay spokesman Kevin Pursglove told Haaretz. "We provide a link to our privacy policy on every single page of our site, and provide summaries of this policy, all so that users will be familiar with our policy."

    We will work for you

    Nevertheless, eBay does not make do with simply sharing its data with the legal authorities. Sullivan says the company employs six investigators, all of whom have experience in police investigations. Their job is "to track down suspicious people and suspicious behavior." To that end, they scan for patterns that are atypical - different from "normal patterns." For example, if a person sold baseball tickets for two months and suddenly switches to selling a car, the eBay system will "wave a red flag" and signal the seller as someone behaving unusually. Who asks eBay to do it? No one. eBay volunteers.

    eBay goes even further. In his lecture, Sullivan spoke about how he helped investigators locate a user who had been suspected of selling stolen cars through the site. "We tried to buy the car from the thief and in that way incriminate him. But the bad guy was smart. He saw there wasn't a single feedback in the history of the person who was making the purchase. He told us he didn't want to make a deal with us."

    Sullivan explained that the incident taught the company a lesson, and that since then it has used pseudo buyers for which it constructs comprehensive simulated histories, including simulated feedbacks, all for the sake of incriminating those suspected of theft. "eBay is not willing to tolerate acts of fraud carried out on its site," explains Pursglove. "We believe that one of the ways to fight fraud is to cooperate with the legal authorities at the various levels.

    Sullivan is even more forthcoming. Aware of how hard the police work, he decided to help as much as possible. "Tell us what you want to ask the bad guys. We'll send them a form, signed by us, and ask them your questions. We will send their answers directly to your e-mail." Essentially, by engaging in what seems like impersonation, eBay is exploiting its relationship with customers to pass on information to law enforcement authorities. Why? "We take various steps in order to fight fraud and provide a safe buying environment for our numerous users," says Pursglove.

    "In order to prevent misuse of authority, the law ensures that authorized impersonation will only be used with persons suspected of carrying out illegal activity," says Pursglove. But eBay's practice is to impersonate people on a regular basis, for law-enforcement objectives. However, "there need not be a proven connection or well-founded suspicion of a crime having been performed," claims Kozlovski.

    In July 2002, eBay bought PayPal, Inc. for $1.45 billion. PayPal, which offers the most popular means of payment on eBay, provides clearing services for the execution of online transactions. It enables Internet users to open accounts on the company site, transferring money from their credit card or bank account. When carrying out a transaction, the seller receives a certificate with which money can be withdrawn from the buyer's account in cash. The system obviates the need to reveal personal financial data.

    When Paypal was acquired, the company reported 16 million users, as well as 3 million business accounts and 28,000 new visitors to the site each day. About 60 percent of PayPal's income derives from commissions received from users buying goods on eBay. About 70 percent of eBay buyers use PayPal.

    Two years earlier, eBay bought Half.com, a site that specializes in sales of CDs and books. Sullivan explained that these acquisitions help eBay to provide lawmen with a full picture. "Every book or CD comes with a bar code. So we know who bought what. The acquisition of PayPal helps us to locate people more precisely. In the old days, we had to trace IP addresses (unique address given to computers linked to the Internet), to locate the buyer, but now Paypal supplies us with the money trail.

    PayPal has about 20 million customers, which means that we have 20 millions files on its users," Sullivan proudly relates. "If you contact me, I will hook you up with the Paypal people. They will help you get the information you're looking for," he tells his listeners. "In order to give you details about credit card transactions, I have to see a court order. I suggest that you get one, if that's what you're looking for." It isn't certain that visitors to the site are aware of the thick hints eBay gives the lawmen.

    "By buying PayPal, eBay is merging the information about the goods trail with the money trail," explains Kozlovski. "Thus, in spite of the protective mechanisms of the law against disclosure of details on transactions, eBay is in a position to analyze the full set of data and `advise' investigators when it might be `worthwhile' for them to ask for a subpoena to disclose the details of a financial transaction. Essentially, this bypasses the rules on non-disclosure of details of financial transactions and the confidentiality of the banker-client relationship."

    Kozlovski mentions how special investigator Kenneth Starr issued a court order that ordered the bookstore where Monica Lewinsky bought her books to report to him the names of the books she bought. "Then, there was a huge fuss. Now you don't need a special order - eBay does the work for the investigators."

    Kozlovski feels that eBay's practice should be seen as part of a worrisome trend in the West to curtail protection of individual rights. In communist regimes, he says, the state would assign watchers to follow every citizen, who would pass incriminating information on to the authorities. Now the state doesn't have to do a thing. People come to it of their own free will. This is also the case for eBay, which exploits its stature in the market to have users accept contracts that strip them of their privacy. Perhaps the regime is different, but the outcome is most assuredly the same.

    A million new items a day

    eBay has no operations in Israel. But in the U.S., Europe and even the Far East, the name eBay is uttered in the same breath with names like Yahoo, Google and Amazon. The company created an electronic business arena where sellers offer their wares and buyers purchase them. eBay's trick is that both the sellers and the buyers are ordinary citizens. On eBay, you can find people selling used chewing gum (and there are buyers), torn soccer balls, 18th century forks, sunflower seeds and luxury cars (in 2002 alone, some 3,000 cars were sold on the site, at a total of $30 million.)

    eBay is one of the few Internet companies that shows huge profits quarter after quarter. The company completed the fourth quarter of 2002 with revenues of $414 million and net profits of $87 million. The company had overall income in 2002 of $1.2 billion, and net profits of $250 million. It is traded on Nasdaq at a company value of $23.4 billion - three times that of Amazon, twice that of Yahoo and eight times that of the Israeli security behemoth, Checkpoint.

    At any given moment, eBay is conducting some 12 million auctions, divided into about 18,000 different categories. About two million new items are offered for sale every day, and 62 million registered users scour the site to find them. These users have given eBay the monopoly on online auctions in America. Companies such as Yahoo and Amazon tried to get into the auction market, but were forced to give up. An estimated 150,000 people earn their livelihoods solely from buying and selling items by Internet. The company maintains local sites in Britain, Germany, Italy, South Korea, Ireland, Australia, Spain, Singapore and Sweden.

    eBay is a monster that churns out money 24 hours a day, 365 days a year - for itself and for its millions of users.
  • Let's see (Score:5, Insightful)

    by Oculus Habent ( 562837 ) <oculus.habent@gm ... Nom minus author> on Thursday February 20, 2003 @12:53PM (#5344534) Journal
    I've got a fax machine...

    Maybe you need letterhead.
    Oh, I've got an Internet connection, and plenty of places have seals and official logos online. The quality isn't great, but hey - it's a fax, right?

    Maybe you need a phone number.
    Oh, I've gota phone I can sit by and pretend to be whoever I want when I answer it.

    What was it Kevin Mitnick said about social engineering?
    • Re:Let's see (Score:4, Insightful)

      by mosch ( 204 ) on Thursday February 20, 2003 @12:58PM (#5344594) Homepage
      Want to see this flexibility removed? Get the history of a law enforcement agency with a thing for vintage porn.
    • Re:Let's see (Score:2, Insightful)

      by garcia ( 6573 )
      Social Engineering doesn't work here.

      I work in Student Records at a technical college in MN. I will NOT allow anyone to request information over the phone. They must either MAIL or FAX me a request with a hand written signature in order for me to release this information to them (a picture ID in person will be acceptable as well but due to my secure location in the building it is more difficult to reach me that way).

      State and Federal law states that people can request information over the phone if it is going directly to them and *I* feel that it is really that person. Problem here is that I cannot verify if it is really them and the social engineering thing comes into play. So basically I won't accept any phone requests. I feel that I cannot safely determine who the person is if I don't see a handwritten request.

      FERPA and State Laws will protect the information bearer in the case that information is given to an individual that should not have it. Would I want to be responsible if someone's life is ruined (identity theft, murder, among others) b/c I was neglegent and said "oh the laws will protect me"?

      I know that other people in the world have no problems giving out this information. I suggest that if you are a person that is nervous have them add to your account a "DO NOT RELEASE INFORMATION" tag.

      While the DNR can be haunting if you lose everything due to fire, flood, etc, it is your safest way of protecting yourself. w/o a court order you cannot release information so a Fax would not do.

      That's my .02
      • by siskbc ( 598067 ) on Thursday February 20, 2003 @01:40PM (#5345013) Homepage
        Social Engineering doesn't work here.

        I work in Student Records at a technical college in MN. I will NOT allow anyone to request information over the phone. They must either MAIL or FAX me a request with a hand written signature in order for me to release this information to them...

        State and Federal law states that people can request information over the phone if it is going directly to them and *I* feel that it is really that person. Problem here is that I cannot verify if it is really them and the social engineering thing comes into play. So basically I won't accept any phone requests. I feel that I cannot safely determine who the person is if I don't see a handwritten request.

        Oh, for chrissakes - handwritten requests are completely and utterly useless. Let me guess, it has to be on letterhead? See parent post regarding availability thereof...

        So I fax you a request. It has Police Department letterhead...or something similar. I mean, you don't know what the Jackass Police Department's letterhead looks like. And I sign it as the chief of Jackass Police Department. You don't know what his signature looks like either. And I put my phone number on it - but it has the same area code and extension as the main number, so it could be a non-main phone line. Or maybe I made up a police department that doesn't even exist.

        How many E-bay knobs are going to fully check this? Are they going to get a directory assistance to find the PD and check the number? Are they going to talk to the chief, from the phone number they looked up, to make sure he ordered the data? What if they can't find the department's listing (could be a small department, could be I made it up)? Probably none of the above.

        When you get down to it, faxed requests are pretty much worthless. Which is why I would want a warrant served by law enforcement personnel who I could easily check up on. As for DNR, I don't believe that helps with ebay.

        • Jackass PD? (Score:3, Funny)

          by medscaper ( 238068 )
          I mean, you don't know what the Jackass Police Department's letterhead looks like. And I sign it as the chief of Jackass Police Department. You don't know what his signature looks like either.

          I'm gonna go out on a limb, here...

          I would guess that most people (yes, EVEN student records workers) would question even a formal letter from Jackass PD.

    • What was it Kevin Mitnick said about social engineering?
      I don't like butterscotch, but I do like vanilla. You don't see friggin holy wars over pudding, though, do you?


      Hmm, no, I don't remember him saying that.


      • Re:Let's see (Score:3, Informative)

        by Havokmon ( 89874 )
        What was it Kevin Mitnick said about social engineering?
        I don't like butterscotch, but I do like vanilla. You don't see friggin holy wars over pudding, though, do you?

        Hmm, no, I don't remember him saying that.

        What? You mean you haven't heard of the famous "Saralee" speach?

        Oh man. You missed a good one. Some other choice quotes:

        • "The next time you feel like complaining, remember that your garbage disposal probably eats better than 30 percent of the people in the world. "
        • Never serve oysters in a month that has no paycheck in it.
        • Don't take a butcher's advice on how to cook meat. If he knew, he'd be a chef.
        • "So I told him, 'Have a coke and a smile and shut the f**k up'"
  • by B3ryllium ( 571199 ) on Thursday February 20, 2003 @12:54PM (#5344549) Homepage
    They could always just auction the entire database on eBay every once in a while.
  • by Anonymous Coward on Thursday February 20, 2003 @12:54PM (#5344550)
    Don't complain about eBay and other companies doing this--complain about the laws that don't protect our privacy. Talk to your representative and make the case for protecting such information if this kind of thing bothers you (and it should).
    • Amen. (Score:5, Insightful)

      by dpbsmith ( 263124 ) on Thursday February 20, 2003 @01:12PM (#5344740) Homepage
      This should be the final proof, if proof were required, that privacy policies and TRUSTe seals audits and seals are ineffective at protecting consumers.
    • by Anonymous Coward
      Bull. Yeah, we need laws, but that doesn't make Ebay any less a corporate whore. Two different issues, both of which need fixin -- one by Ebay users, the other by politics.
    • As if "more laws" was a viable solution to anything. Do you realize just how few of our laws are obeyed anyway? Or just how many millions of pages these laws cover? I don't know what you're doing, but I'm sure you're breaking the law in some form or fashion right now.

      More laws is not the answer. Simpler laws would result in better enforcement and thus better protection.
      • As if "more laws" was a viable solution to anything.

        Well yeah, it does solve certain problems. In this case, we are just catching up with our European brethren. Privacy is about more than just protecting yourself from police on fishing expeditions (although that in itself is valuable). It's also about making identity theft harder to commit. There's also the bonus that you won't have as many people trading your info and bombarding you with ads. I get at least 5 solicitations a week to refinance my FHA mortgage, which I don't have anymore, and I get lots and lots of credit card comeons.

        Do you realize just how few of our laws are obeyed anyway?

        We mostly obey the ones that make sense - robbery, murder, and arson are fairly rare. The ones we tend not to obey are frequently archaic (the one about requiring a flagman to walk in front of any car driven by a woman) and some are simply unreasonable (most speed limits are a bit low, especially on the highway. Some troopers have even complained about this).

    • Privacy should be inherent and not require laws to protect it.

      Yes in today's society it does, but its sad.
    • Don't complain about eBay and other companies doing this--complain about the laws that don't protect our privacy.

      But the laws do protect our privacy. It's just that the power-mad Republican jingoes will do anything to bypass the Fourth Amendment, and will allow corporations to do so as well.
  • by Anonymous Coward on Thursday February 20, 2003 @12:55PM (#5344554)
    In this current age of "let's go get them badguys", is anyone really surprised that a company would so willingly acquiesce to the government? Should they? Good question, but are you surprised that they DO?
  • by MightyTribble ( 126109 ) on Thursday February 20, 2003 @12:55PM (#5344560)
    http://www.ebay.co.uk/

    It appears they have a presence in the UK. Therefore the Data Protection Act applies to them. They make no mention of this in their Privacy Policy:

    http://pages.ebay.co.uk/help/community/png-priv. ht ml

    Oh, dear. Looks like someone should shop them to the Data Protection Registrar...
    • by TheRaven64 ( 641858 ) on Thursday February 20, 2003 @12:57PM (#5344577) Journal
      They don't store the data in the UK, and so are not bound by the Data Protection act. Dabs use the same system on their auction site to get around UK law.
      • by Anonymous Coward
        AFAIK if the data goes out of Europe, you need to opt-in...
      • I don't think that matters, although obviously it'll need a court case to set precedent. But my (IANAL) reading of the law is that if they do business in the UK, and interact with UK citizens, then the DPA apples to them. Ditto the EU Privacy Directive.
      • by aepervius ( 535155 ) on Thursday February 20, 2003 @01:29PM (#5344917)
        Dataprotection in EU si not about where the data is stored. It is about having the right to know, check , and correct data stored on YOU , EU citizen. Likewise like USA saying they have the right to Sue/pursue people having done sales in the USA, when you do have a transaction with somebody in the EU what count is not where you store the data , but the fact that you have per see a contract/sale with somebody resident in EU.

        Else this would have been YEARS that every EU firm would have put their Data server in some off shore haven.
      • IAAL.

        Where you store the data is irrelevant. The Data Protection Act 1998 regulates the acquisition transmission and processing of data. It prevent you from transferring such data out of the jurisdiction without safeguards.

        If Dabs or eBay serve web pages in the UK/EU (even if they do it from servers in the US) and gather personal data from that web page that activity is governed by the DPA since user interaction takes place with the UK/EU. Some other actions on the data (e.g. automated decision making & processing) may be lawful if they occur outside the EU but the gathering and transmission of the data to the US falls with UK law. Also eBay has a .co.uk domain indicating an intention to focus on UK users which would persuade a court to take jurisdiction.
        see privacy [ukitlaw.com]
  • by mekkab ( 133181 ) on Thursday February 20, 2003 @12:57PM (#5344575) Homepage Journal
    I don't care how small a point font it was printed in,

    as long as it was printed on the site when I registered, or sent to me in an e-mail update.

    Now, the legality of defining their policy and having you click-thru is still up in the air with EULAs; just because its printed in legalese doesn't mean it will hold up in court.

    But to give me a warm fuzzy, disclose it to me.

    Why? Because there are a lot of rip-off artists on e-bay. If it makes it easier for law enforcement to find and fine these scummy ebayers, that is a GOOD THING.

    Honestly, I'd rather have E-bay in my corner if I get screwed than to have them go the PayPal route.
    • by mekkab ( 133181 ) on Thursday February 20, 2003 @01:05PM (#5344666) Homepage Journal
      yes, Ebay now owns paypal-

      However what I'm referring to is problems where people paid through paypal, never got an item in return, and paypal said "sucks to be you. What do you want me to do about it?!"

      Here is a link to Paypal's class action suits... [aboutpaypal.org] read the front page story.
    • From the ebay privacy policy:
      Legal requests

      eBay cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can (and you authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability.

      Further, we can (and you authorize us to) disclose your User ID, name, street address, city, state, zip code, country, phone number, email, and company name to eBay Verified Rights Owner (VeRO) program participants as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.

      Additionally, eBay reserves the right (and you authorize eBay) to communicate any information about you (including, but not limited to your policy violations, ended items, and item status) to other users, law enforcement and VeRO members as we in our sole discretion determine necessary or appropriate to maintain a level of trust and safety in our community and to enforce our User Agreement, Privacy Policy and any posted policies or rules applicable to services you use through our site

  • Know what else? (Score:5, Informative)

    by stratjakt ( 596332 ) on Thursday February 20, 2003 @12:57PM (#5344582) Journal
    I can web-scrape all that same info off the site.

    Bid histories for each auction, items you've bidded on, auctions you've won... Yep.. It's all there.

    I've been spammed to death because of eBay (luckily I use a hotmail address with them). I bought a couple of old SNES games, next thing you know 100 yahoos are offering me CD's full of ROM images for 20 bucks or so.

    Tracing your email address to the actual person is a small hoop to jump through.

    Any real privacy on eBay is a figment of your imagination. It's like expecting your trip to the mall to be 'private'.
    • You can get my bid history and my email, but you can't get my credit card number, my home address and phone number, and now they require you to put in a bank account to be a seller. I don't want all that handed to the "Homeland Security Agency". What if I like the Iron Cross, or the swastica, will they suddenly start investigating all my banking and credit card numbers, criminals should be caught I agree, but that is what warrants are for, when they hand over this info for something as simple as a fax that compromises my rights I feel.
      • >> You can get my bid history and my email, but you can't get my credit card number, my home address and phone number, and now they require you to put in a bank account to be a seller.

        If you ever bought something from me, I have you home address and full name.

        If you do some research on identity theft, that and a little leg work is all that's needed to know everything about you, take all your money, and ruin your credit rating until the end of time.

        Especially when banks have 'security' questions like "Mothers maiden name".

        BTW, this is the way it's always been on eBay, and has absolutely nothing to do with homeland security.

        Why would you think participating in a public auction should provide privacy?
    • I can web-scrape all that same info off the site

      And I quote the article (which I actually read)...

      What's more, eBay will send the history of items he has browsed

      I would like to see you scrape that.

      Only on Slashdot would someone who obviously had not read the f***ing article get mo... Oh, never mind...
    • You can't webscrape my browsing history, or my physical address, or my IP addy, or my credit card number. You can't webscrape auctions from 1998.

      This is special. Let's see how many bogus fax requests ebay gets this weekend.
  • by Joe the Lesser ( 533425 ) on Thursday February 20, 2003 @12:59PM (#5344595) Homepage Journal
    I usually am for privacy, but you use eBay with an intent to make profit by selling your crap/loot/whatever. If you're obviously selling stolen goods on eBay, then the police should be informed.

    Belgian diamonds anyone?
  • by The Tyro ( 247333 ) on Thursday February 20, 2003 @12:59PM (#5344597)
    It IS Ebays policy, apparently. They could certainly force a law enforcement agency to produce a warrant... but if they want to be more forthcoming than that, they are certainly within their rights.

    Now, it may irk Ebay's USERS...

    Of course, this could be open to abuse... Say you want your Ex-girlfriend's information... forge a law-enforcement agency letterhead, and fax the request from your local Kinkos (I wonder if they require a direct phone contact before they give up the goods... though that would also be easy to fake).

    Hmmm... caveat emptor
  • by Anonymous Coward on Thursday February 20, 2003 @01:00PM (#5344615)
    Most sites have clauses in their privacy policies saying that they can change them at any time without notifying users, and the changes are retroactive to any information they already have. It's up to the user to notice the changes by reviewing the policy regularly and finding contact information for someone who can remove it, then askin them to do so before they have time to give the information away if it changes.

    Yup, when that happens, a lot of police are going to head over to Anne Nonymouse's place in Beverly Hills 90210. I think she's ordering a lot of child porn.
  • Don't impersonate... (Score:4, Interesting)

    by sysadmn ( 29788 ) <{sysadmn} {at} {gmail.com}> on Thursday February 20, 2003 @01:01PM (#5344620) Homepage
    Don't bother emailing eBay in cases of fraud. You may or may not get an answer. Sounds like the way to go is to get a local police department to take a complaint. Hand them the request for information to fax for you. Post the results...
    • Like ebay, who doesn't return any specifics of their ongoing cases, I highly doubt law enforcement officials are going to hand over info to you. Too much chance of a sequel to Death Wish.
  • by wtarle ( 606915 ) <wtarle@NOsPam.engmail.uwaterloo.ca> on Thursday February 20, 2003 @01:02PM (#5344629) Journal
    Can the users not take responsibility for using the sites where the information is disclosed? The easy-to-read privacy policy [ebay.com] is very straight forward.

    Admire that string of X's in the "Legal Requests" column.

  • by Mr. White ( 22990 ) on Thursday February 20, 2003 @01:03PM (#5344637) Homepage Journal

    If you have ever been ripped off or defrauded on ebay, you would look at this from a different perspective.

    The last thing I want to do when someone defrauds me using ebay is jump through the many legal hoops to obtain a warrant.

    As stated, this information can only be requested by law enforcement, and trust me, law enforcement officials don't get off of from violating your privacy and requesting it just for kicks. This is a welcome move that will help people that got screwed recover their money a little easier and a little faster. I, and many other ebayers, welcome the policy.

    Witold
    www.witold.org
    • The last thing I want to do when someone defrauds me using ebay is jump through the many legal hoops to obtain a warrant.

      Yeah, that whole due-process, checks-and-balances thing is awfully inconvenient. The only reason the law even makes people jump through those hoops to get a warrant for someone's arrest is to inconvenience you personally.
    • and trust me, law enforcement officials don't get off of from violating your privacy and requesting it just for kicks.

      No, they get off of beating the crap out of student protesters.
      Well known fact.
    • The llast thing I want is to have to answer to the police just because some one accused me of fraud.

      Wait until you piss someone off. they make one phone call, and your under investigation. So now your life is under scrutiny, you get a mark on your record, and next time you even near any fraud(like bidding on an item that turns out to be fraudulant even if you didn't know), you'll be investigated again.

      If you take proper precautions, you odds of getting screwed go down dramatically.

      The way things are now, even if the catch the guy who screwed you,in all likley hood, you still won't get anything back.

      Historically, The 'police' have always gotten out of hand when no checks and blances are in place.
      Lets say you have complete confidence in the people who work 'for' the government. lets also say every member of the government will protect your rights out of principle. What about the next person in that position? or the one after that?

    • law enforcement officials don't get off of violating your privacy

      How about the Top 10 List of Police Database Abuses [techtv.com]?

      Cheers, Joel

    • You shouldn't cough up your freedoms to prevent crime. By the way, this isn't for when you get screwed over,do you honestly think you can file a complaint at your local police department and their going to fax ebay, hell no, their going to say, we can't do anything for you, or, do you have insurance. Like when my car stereo got stolen as well as 40 other car stereos, in one night, in my little town. And the law enforcement said, were not likely to catch these guys, they didn't dust for prints, they didn't look for clues, they just said, call your insurance company. Cops are fucking worthless in theft cases unless it's a felony theft, even then though, they are pretty useless. I found my car stereo at a pawn shop, they had the guys name and address after that, guess what happened, he got probabation for 3 months, he wasn't forced to pay me back for damage to my car or anything like that, he just got probation. What good did that do for me? The court said I could take him to civil court if I wanted to get my own lawyer and what not.
    • I have been defrauded before. It was on Yahoo, and while they did handle it slowly, they returned my money. And that was before resorting to contesting the charges through my credit card company. Ebay should handle things similarly, as they now control both the initiation of the exchange and the medium of exchange (paypal, billpay). And if worst comes to worst, you can contest the paypal charge to your credit card company, who have been on the consumer's side on this issue.

      On the one hand, I do see that the fraudulent person should be revealed under the right circumstances. On the other hand, the process of obtaining a warrant or other confirmation data is the process of determining if you are in the right circumstances or not. For example, another poster pointed out how easy it would be to defraud this system into revealing personal information to non-police personnel. A used record company might be able to decipher a competitor's next business moves by illegally obtaining their e-bay browsing habits. Or a political incumbent might get "dirt" on an opponent by requesting their viewing habits. Warrants are there to prevent such abuses... if police and those claiming to be police never abused the system, there would be no need for warrants at all.

      To obtain a warrant, you go before a judge and ask her if the search is reasonable. That's not a tremendous hoop to jump through to resolve a complaint.
  • by Root Down ( 208740 ) on Thursday February 20, 2003 @01:03PM (#5344643) Homepage
    Is there a disclaimer anywhere in the eBay annals that states your assent to this? It seems that such an activity would represent unlawful surveillance of your activites (sans warrant) - which would amount to lawsuits of your own.

    I can find (User Agreement):
    6.3 License. Solely to enable eBay to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. eBay will only use Your Information in accordance with our Privacy Policy.

    The good stuff is here [ebay.com].

  • by WIAKywbfatw ( 307557 ) on Thursday February 20, 2003 @01:03PM (#5344644) Journal
    Not that I condone it for even a second - how can eBay (yes, /. editors, that's how it's spelt, how can you not get that much right?) be sure that the person requesting the information is a legitimate law enforcement official?

    Even if they were, any information garnered in this way would immediately be thrown out of court in most countries (including the US) as inadmissible, because the source would be deemed an illegal search if the proper warrants hadn't been obtained.

    Without even examining the link it's obvious why eBay would do this - verifying the legality and scope of every warrant that it is presented with takes time, and time costs money. Rather than spend this time and money unproductively (cooperating with police officers doesn't produce revenues), they choose the path of least resistance.

    Unfortunately, eBay is sufficiently large enough (or at least it thinks it is) that it doesn't see this as a reason for people to defect to less popular rival online auction sites.
    • IANAL, but I watch a lot of Law and Order, and I paid attention in Civics. I'm fairly sure that anything E-Bay gave up would certainly be admissible - it was a legitimate request, and E-Bay willingingly gave information that it legitimately aquired. Evidence presented to law enforcement by someone else is almost always admissible, unless that someone was acting as an agent of law enforcement (can't ask someone else to do an illegal search for you). In this case, since it's E-Bays information, and there's no laws restricting who they can give it to, thats not the case.
    • see, the police 'fing there man' then turn every piece of there life over until they have enough 'evidence', then arrest them. This way the police won't have to deal with that pesky deduction, analyze, and evaluate part of there investigation.
    • >Even if they were, any information garnered in this way would immediately be thrown out of court in most countries (including the US) as inadmissible, because the source would be deemed an illegal search if the proper warrants hadn't been obtained.

      BZZZ! Sorry, you're totally wrong. But thanks for playing "I'm a constitutional lawyer!"

      The 'search' was consenual, so no warrant was needed. If they went onto YOUR computer, and took the data w/o a warrant, then it'd be inadmissable. But in this case, the data was on eBay's computer, and they were hapyp to part with it.
  • by GeorgeK ( 642310 ) on Thursday February 20, 2003 @01:03PM (#5344647) Homepage

    If a competing auction site were to be setup with greater privacy, and was successful, more power to it. As long as eBay fully discloses its policies, then there shouldn't be any whining about it -- folks are free to vote with their mouse, and click on another auction site

    Personally, I think it's positive that eBay will cooperate with bona fide investigations, and not force them to jump through hoops (at taxpayer expense!) to get the data they need to do their job.

    It's not as though medical records are being stored on eBay -- just one's bids on beanie babies, or other baubles.

    • Well, warrants do exist for a reason. And one of the benefits of requiring a warrant is that it would certainly cut down on fraudulent requests - as others have posted, it's no problem at all to fax a request in on law enforcment stationary. I'd hope that E-Bay independently confirms these requests before they hand information out.
  • PayPal (Score:5, Insightful)

    by WPIDalamar ( 122110 ) on Thursday February 20, 2003 @01:03PM (#5344650) Homepage
    Even scarier ... who owns PayPal these days?

    I hear some people use it like a bank. Would you want your financial info tossed around like that?

    One more reason so stay way from Paypal.

  • If I placed an ad in the paper selling something (say, a large supply of ammonium nitrate fertilizer), and the police came up to me and asked me about what people came and inquired about it, I would tell them without hesitation. Big deal.

    Guess what? There is no right to anonymity. And law enforcement has to have SOME room to work. Too many people seem to think that law enforcement should be required to never ask questions and never access the public.

    • wow. I'd tell them to go fsck themselves and go get a warrant. so many people are just willing to bend over it never ceases to amaze me.

      I think your attitude will change when you know someone who has been wrongfully targetted, harassed, questioned and then detained by the police for a robbery, even though he had a solid alibi for the time that they never even bothered to follow up on...

    • "I would tell them without hesitation. "

      not me. get a court order, then no problem.

      Next time they ask you a question, no matter how personal, you had better answer,because if you don't they'll consider that a change in behaviour and you will be a suspect. I also won't let one in my house without a warrant.

      It is not about protecting criminals, it is about have a free country.
      • geekoid commented:
        not me. get a court order, then no problem.

        Three cheers! One of the *first* things to remember when the police come knocking is you do not have to answer any of their questions. Don't do it! You never know when a seemingly minor bit of information will damage you or a friend.

        Knowing your rights, and following the letter of the law in regards to them, is crucial to maintaining a free society. It keeps everyone honest, keeps you free.

        A few links for the google impaired:
        • Your rights and police powers: Here [over-the-rainbow.org]
        • FindLaw, Police Questioning issues: Here [findlaw.com]
        • Some good legal advice on questioning: Here [lawsguide.com]

        Remember, the police have plenty of ways to legally get information from you if they need it for an investigation. If they need your help, they get it through the proper channels.

    • No. Police must not forget that they don't have an automatic right to ask anything of anyone and get an answer right away. They don't have the right to get information easily, because we have the right to be treated as innocent. If I'm innocent, then questioning from authorities is an imposition on me and they have to act accordingly. Obligatory quote from my new favorite article in defense of privacy [privcom.gc.ca]:

      " A popular response is: "If you have nothing to hide, you have nothing to fear.

      "By that reasoning, of course, we shouldn't mind if the police were free to come into our homes at any time just to look around, if all our telephone conversations were monitored, if all our mail were read, if all the protections developed over centuries were swept away. It's only a difference of degree from the intrusions already being implemented or considered.

      "The truth is that we all do have something to hide, not because it's criminal or even shameful, but simply because it's private. We carefully calibrate what we reveal about ourselves to others. Most of us are only willing to have a few things known about us by a stranger, more by an acquaintance, and the most by a very close friend or a romantic partner. The right not to be known against our will -- indeed, the right to be anonymous except when we choose to identify ourselves -- is at the very core of human dignity, autonomy and freedom.

      If we allow the state to sweep away the normal walls of privacy that protect the details of our lives, we will consign ourselves psychologically to living in a fishbowl. Even if we suffered no other specific harm as a result, that alone would profoundly change how we feel. Anyone who has lived in a totalitarian society can attest that what often felt most oppressive was precisely the lack of privacy.

  • Bad term: flexible (Score:3, Insightful)

    by Bendebecker ( 633126 ) on Thursday February 20, 2003 @01:06PM (#5344683) Journal
    The correct term should be 'lack of' privacy policy.
  • by xxxJonBoyxxx ( 565205 ) on Thursday February 20, 2003 @01:10PM (#5344716)
    I work for a banking service provider (one of the guys who run the banking software for the little 1-50 branch banks). A few years ago we used to get excited because the Secret Service or FBI wanted us to pull some records. These days we almost need a full time person to track this stuff down. This week we got a call from a homicide detective in Columbus, OH. (Is that really a city?) The detail we can provide these guys is pretty complete - even if it's just a lame web banking hack attempt, we can often link that attempt back to a specific ISP user (because the ISP often attaches additional information to web requests - ahem, AOL) as well as tell ever single transaction that account, that IP, that user has done since XXX. And what does it take for people to get the information? At first we only trusted agents with ID at the door, but it really is getting to the point of a phone call and a fax; in fact, the best way to social engineer these days might just be to pretend you're a cop - the person on the other end of the phone (at least at my place) will generally roll over and cough up whatever you want by the second phone call. Fortunately, some management types have started to pay attention to the hack opportunity provided and are beginning to educate the first-line responders to these kind of calls that just because they say they are cops, doesn't mean they really are....
  • by lazn ( 202878 ) on Thursday February 20, 2003 @01:10PM (#5344720)
    Yesterday I tried to delete my account, but I can not, it will not let me.

    I do not ever intend to use ebay, but it seems my account will forever be there.

    Annoying that.
    • It's really quite easy. Offer any of a number of items for sale, and your account will soon be terminated. Just use the terms "mp3" and "cd-r" in the description of the product.

      As an added bonus, for quick termination, send an anonymous e-mail to eBay mentioning the item. Then time how long it takes until you can't access your account any longer.
  • think about this (Score:3, Insightful)

    by Meeble ( 633260 ) on Thursday February 20, 2003 @01:10PM (#5344722) Journal
    Say the RIAA comes knocking on Ebay's door and wants a list of everyone who sold, bought, traded, anything with live boots, records, vinyl, cd's etc etc of any major label artist. Or what if the label themselves gets involved.

    I think some people would have different opinions on this privacy issue, although I agree when it comes to the scam artists a heightened police interventention level would be welcome.
  • This is scary! (Score:2, Interesting)

    by Anonymous Coward
    The amount of people here who say this is a GOOD thing!

    Ebay owns PayPal! That means PayPal is included in this! Its the same as a poilceman going to your bank & asking for your complete financial details... Do you want this too???

    This has nothing to do with terrorism! The 9/11 terrorists had plastic knives any other low-tech means...
  • Kind of scary... (Score:4, Informative)

    by 95_gst_al ( 601102 ) on Thursday February 20, 2003 @01:14PM (#5344772) Homepage

    As an Ebay user, 200 request a month for personal information seems high to me.

    I could have a buddy that works at the police department. If I visit him frequently, nobody would see a problem with me saying he is expecting me and I will just wait in his office. While he is at lunch, I could use his fax machine and request the information of anybody I want.

  • You Agreed to this.. (Score:3, Informative)

    by RumpRoast ( 635348 ) on Thursday February 20, 2003 @01:15PM (#5344785)
    If you are selling on ebay. Read the agreement.

    Thanks for your attention.

  • You were warned... (Score:4, Insightful)

    by Slightly Askew ( 638918 ) on Thursday February 20, 2003 @01:16PM (#5344790) Journal
    From the site:
    "The users are asked to read and agree to the site policy before they can make use of it," eBay spokesman Kevin Pursglove told Haaretz. "We provide a link to our privacy policy on every single page of our site, and provide summaries of this policy, all so that users will be familiar with our policy."
    Be pissed, boycott 'em, tell everyone else how shitty they are, but don't say you weren't warned. Clicking through the EULA without reading it is never a good practice. If you have never been bitten in the ass before (i.e. Gator), just take my word for it. If you are going to give someone your personal information, you better know what they plan to do with it.
    • The people's right to be free from unwarranted searches is as inalienable as their right not to be slaves.

      No matter how hard you try, you cannot legally sell yourself into slavery, because freedom is inalienable. Any such contract is illegal and void.

      I would claim that this kind of privacy is equally inalienable.

      Otherwise, we end up with a police state by proxy.

      I can only hope that this proves to be true in court. There's nothing that can stop eBay from reporting what they think is a crime to police (in fact, I think that's fine). However, that's very different from having the police request that they release your private information.

      Maybe that seems like a narrow legalistic distinction to some, but it's a very important one.

  • Yawn. (Score:4, Funny)

    by cybermace5 ( 446439 ) <g.ryan@macetech.com> on Thursday February 20, 2003 @01:17PM (#5344796) Homepage Journal
    Most of the information is readily available to other eBay users. I think, however, that more information should be made public and readily accessible (with the exception of email addresses).

    For example, the guy that sniped me a couple weeks ago, on a nice 24V, 6A power supply. I looked in his history, and saw that he'd recently bought some, ermmm, enhancement products [cmdrtaco.net]. It's the little things (heh heh) like this that take the pain out of losing an auction.
  • by labrat1123 ( 610752 ) on Thursday February 20, 2003 @01:24PM (#5344880)
    This is eBay cooperating with law enforcement because it saves paperwork and time. Handing the information over to law enforcement is inevitable, because most WILL go through the process of having a subpoena or warrant issued, especially if the information is critical to the case.

    Prior to that, a phone call is all that is necessary to a service provider to legally obligate them to preserve whatever records they already have for the given subject. This power comes from 18 USC 2703 (f) and is known as an "Order to Preserve." It does not require the service provider to start collecting new information, or collect more than they previously were, just to preserve what they already have. That gives law enforcement time to draft the court order and get it signed.

    Legal counsel at service providers know these issues very well. eBay is apparently choosing to make life easier on the legal end of things by offering a certain level of cooperation. Notice it did say they would require a warrant in certain situations, so it's not 100%.

  • When you sign up to participate on Ebay, you are choosing to allow greater access to your information. You are not required to give any information to Ebay, unless you want to buy or sell there.

    Once you decide to participate in commerce within any community, you should have a lower expectation of privacy than if you didn't participate, as long as the lower privacy is directly relative to protecting the integrity of the community. You can't compare this to the privacy you expect from your ISP, just releasing your browsing habits to the feds with a simple request.

    As a seller: You are knowingly trading a small amount of privacy in exchange for a less fraudulent environment to trade in. You must provide a credit card for verification and for billing. In the real world, you still have to go downtown and give proof of who you are to get a business license. The police can legally watch who goes in and out of your business, without a warrant, just as they get info from ebay about transactions.

    As a buyer, you still have to provide certain information in order to complete a purchase. This is true in any enviroment where you are not standing there, with currency in hand. Even then, any police officer can legally WATCH you make this transaction within plain view.

    This bring online and offline into parity, thats all. Bringing public transactions (the auctions) within plane view. Personally, I have no problem with ebay releasing information to the feds to assist with investigations, with proper notification to me via the privacy policy.

    Since I am asking people all over the globe to give me money, it should be my DUTY to do so in a very open manner, not being able to "hide" just because I am using a computer network to do my selling. It is this transparency that makes capitolism work fairly for everyone.
  • IANAL, but... (Score:5, Insightful)

    by gillbates ( 106458 ) on Thursday February 20, 2003 @01:46PM (#5345048) Homepage Journal

    From the article:

    Attorney Nimrod Kozlovski, author of "The Computer and the Legal Process" (in Hebrew), heard the lecture, and could not believe his ears. "The consent given in the user contract should be seen as `coerced consent,' in the absence of any opportunity to exercise free choice, with no real alternative but to agree. This is most certainly not conscious consent."

    I think this says it all. We are rapidly becoming a society in which corporations can strip individuals of their liberties not by virtue of law, but by using onerous contracts.

    Imagine if the utility companies forced a person to hand over keys to their residence when they signed up for service, so that the company could "inspect the premises in the interests of public safety". It wouldn't be long before the utility company would realize that they can make additional income by "renting" your key to law enforcement agencies on demand. But you, the resident would effectively have no say in this - you either agree to their terms, or you do without gas/electric/phone service.

    You see, the danger of this is that by "renting" the key, law enforcement no longer needs a warrant to search your house; you implicitly gave consent for entry to the utility company, who then resold that consent to law enforcement. It is these kinds of agreements which allow law enforcement to circumvent the checks and balances gauranteed by the constitution, and this is what makes them so dangerous.

    How long will it be before our lives and liberties are entirely beholden to corporate interests?

  • by teamhasnoi ( 554944 ) <teamhasnoi AT yahoo DOT com> on Thursday February 20, 2003 @01:48PM (#5345061) Journal
    Wow. First the article on Google, now eBay. Out of curiosity, I looked for my ISPs privacy policy. None. Under ToS it says we'll do whatever and fully cooperate with Law enforcement.

    Imagine being able to search:

    Every page you've ever been to.
    What you have searched for on Google.
    Everything you have looked at, purchased, or sold on eBay.
    All financial information from Paypal.
    All the people you've sent/recieved email to/from.

    I'm sure I'm missing a few things - but who needs TIA when these companies are bending over backwards to provide all this info?

    Poindexter probably figured this out and got a raise for saving so much money... :(

  • Now what? (Score:2, Insightful)

    by praxis ( 19962 )
    "In communist regimes, [Kozlovski] says, the state would assign watchers to follow every citizen, who would pass incriminating information on to the authorities. Now the state doesn't have to do a thing. People come to it of their own free will. This is also the case for eBay, which exploits its stature in the market to have users accept contracts that strip them of their privacy. Perhaps the regime is different, but the outcome is most assuredly the same."

    I used to live under a communist regime, and I think now I much prefer neighbors invading my privacy to get some extra food stamps to feed their children than a huge compnay like eBay appeasing the government a bit too much to get favorable regulation with which to make even more money.

    Yes, I know I can just avoid eBay--and I do, so it's not really a great comparison. It just bothers me when people think that capitalism is the panacea for the world's ills and like to point out where it fails.
  • by ianscot ( 591483 ) on Thursday February 20, 2003 @01:55PM (#5345123)
    Okay, I see a lot of posts about how they'd really be fine with eBay bringing in the law, because there are lots of sleazy traders on the service.

    Hello? Sure reads like the entire eBay model has potential holes that the service is unable to address. As a remedy they'll put this "you fax, we tell" band-aid on, courtesy of the taxpayer -- we do pay for cops' salaries, right?

    Somewhere there's an internal memo that says "We can't afford to do anything about all this abuse, so our choice is really to let the cops clean up afterwards at their expense." Maybe this Joseph Sullivan has it in a locked drawer in the "Law Enforcement and Compliance" department vault. I'd kinda like to see that one.

    I'm with the people objecting: the bar oughta be set higher than this, and the situation has to be clear to people on the site. That's at the very least. And we should be asking the same questions about this site that anyone would about a bar where criminal activity is out of hand.

  • Ebay Alternatives? (Score:2, Interesting)

    by dubner ( 48575 )
    Assuming one finds Ebay's privacy policy, affiliation with PayPal, lack of responsiveness, etc. onerous, what alternatives are there? In other words, who are Ebay's competitors and what are they like?
  • by ausoleil ( 322752 ) on Thursday February 20, 2003 @02:02PM (#5345180) Homepage
    #/!/bin/black_helicopter

    # welcome to black helicopter shell.
    # enter delusional paranoid prophesy at prompt.

    #Given that E-Bay will happily fax over their database records for a given user, one must also wonder if their entire database might be consumed by the DOD's efforts to correlate database information and a threat of terrorism.

    Remember that E-bay also owns half.com. That means their DB also includes every hlaf transaction one might have made or even inquired about the possibility of.

    Let's say that once, just for fun, you checked to see if something nefarious like "The Anarachist's Cookbook" was available for purchase through half. Bingo, you are a national security threat -- you might be wanting to blow something up. Or something. You didn't necessarily buy the book, you were just curious, Mr. Now-A-Threat-To-The-Free-World.

    Now, under the Patriot Act, all sorts of nasty things might happen to you. All for looking for a book.

    Yes, I know it sounds paranoid. But when you add up all of the reports lately, it's really easy to see dominos lined up just waiting for something to push one over. When it goes, likely all the others will obediently fall.
  • by Boyceterous ( 596732 ) on Thursday February 20, 2003 @02:02PM (#5345185)
    EBay's fax machine just got /.ed?
  • Language abuse (Score:3, Interesting)

    by symbolic ( 11752 ) on Thursday February 20, 2003 @02:18PM (#5345310)
    But in the U.S. of the post 9/11 and pre-Gulf War II era, helping the "security forces" is considered a supreme act of patriotism.

    I see patriotism as the willingness to protect our rights and freedoms, while this smacks of blind nationalism. They're promoting the same spin on this that Microsoft uses with respect to 'secure computing.'- it means what you think it means, but only if you're on the other side of the fence.
  • by D1rtbag ( 650553 ) on Thursday February 20, 2003 @02:19PM (#5345312)
    for law enforcement, it is very much open to abuse. As a prosecutor, I like having a business that is cooperative and open in response to legitimate queries.

    However, I really don't like the idea of the authorities being able to make casual inquiries via fax. At the very least, issue a subpoena in which you state a legitimate law enforcement purpose for the inquiry. For this, you only have to get the approval of your police legal advisor or a prosecutor.

    The way this looks right now, cops can "browse" through anyone they want to check on, just to see if they can find anything suspicious. While this is certainly not the behavior most of us would engage in, there are always those willing to abuse this kind of device.

    Those with a legitimate purpose can easily obtain the information with just a little bit of extra effort, whereas those who are just casually cruising through users (say, randomly checking any high-volume ebayers) may be discouraged by having to articulate a legitimate law enforcement purpose for each case.

    As to self-policing on the part of ebay, I have absolutely no problem with that. Just like the Pawn shop owner who sees someone coming in with car stereos all the time, ebay has an ethical duty (in my opinion, with which you may disagree) to report people they believe may be engaging in criminal activity.

  • by Everyman ( 197621 ) on Thursday February 20, 2003 @03:46PM (#5346233) Homepage
    I'll bet Google does the same thing as EBay -- it's just that Google isn't dumb enough to brag about it. From New York Times, 28 November 2002, page E6:

    "Google currently does not allow outsiders to gain access to raw data because of privacy concerns. Searches are logged by time of day, originating I.P. address (information that can be used to link searches to a specific computer), and the sites on which the user clicked. People tell things to search engines that they would never talk about publicly -- Viagra, pregnancy scares, fraud, face lifts. What is interesting in the aggregate can seem an invasion of privacy if narrowed to an individual.

    "So, does Google ever get subpoenas for its information? 'Google does not comment on the details of legal matters involving Google,' Mr. Brin responded."
  • by Nova Express ( 100383 ) <lawrenceperson.gmail@com> on Thursday February 20, 2003 @05:11PM (#5347100) Homepage Journal
    I posted much the same message on the OC Systems thread yesterday, but it also applies here. There seem to be a lot of "Yeah, I got ripped off, but eBay wouldn't do anything about it so now I'm hosed" responses. If you've been ripped off, COMPLAIN. Complain to the company first, but if they don't give you any satisfaction, have the charge blocked on your credit card. If that isn't enough, or that isn't an option, then you need to bring out the big guns and rat them out to the feds! And here are just the websites to do it on:

    http://www.usps.com/postalinspectors/fraud/MailFra udComplaint.htm [usps.com]: The US Postal Inspector's Mail Fraud Report Form. I've used this for a few small value (less than $50) items I've returned to ebay merchants who then didn't send the refund despite repeated e-mails and phone calls. After complaining to the USPS, the rip-off artist got a letter from them and paid up darn quick. And you CAN follow up if no action is taken. I have a lot of criticisms of the U.S. Snail, but this is one area where government action actually seems to work.

    https://www.ifccfbi.gov/cf1.asp [ifccfbi.gov]: The FBI's Fraud Complaint Form. The FBI seems a lot less active in prosecuting small cases than USPS, but i get the impression that if they get a LOT of complaints from people on the same company, they start to look in on it. Worth a try.

    Remember: Every time you let someone rip you off without calling them on it, it makes it that much easier for them to rip off other people down the line.

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