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Personal Information Miners are Thieves

Bill and Scott’s latest BWN effort inspired me to contact my congressman and senators again… what follows is what I had to say.  Feel free to borrow in your own communication to the people that are sworn to protect your rights and the rights of your state against an over-reaching central Federal authority…

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To my Senators and Congressional Representative:

Personal Information Miners are Thieves

The companies that are mining citizens personal data are stealing their personal property, (albeit an intangible asset, an asset just the same) and selling it for massive gains.  These companies access our information behind a EULA (end user license agreement) and because we agree to it, we forfeit our rights to our property, privacy, and security?  No.  It’s time this stops, so let’s review the situation, complete with solutions:

Here’s a solution:  Trade is an exchange of value.  If I have something of value, and apparently marketing people’s personal information is quite valuable, then a company should offer something in return, and primarily whether that information is made available should be my choice.

No EULA should unilaterally remove my control of my personal information which is my property and in today’s world, is directly connected to my personal and financial security.  Rather, if my information is valuable, set a standard by which that information is valued, or market in which that information is under my control, and let companies that want to access and market it offer me ONE: my control over who has access to it, and TWO: the price for which I’m compensated for it.

EXAMPLE:  I log into a website, Facebook for the sake of argument, and the company has determined that the service they offer for “free” (a bold faced lie since they’ve been stealing from me the entire time from log-in to burial or cremation) has a set value on a monthly basis.  If they set that value at $4.95 a month, then I can either pay for the service, or trade for it.

These companies that have been marketing this personal information know the vast difference in value between my first name, and my email address; my zip code versus the last ten websites I’ve visited.  They’ve been selling this information long enough to know exactly what each filled data field is worth to the advertisers to whom it’s sold.  So, if they have a website or application whose function to an end user is valued at $4.95, then what would my email address be worth on a monthly basis to their advertising clients if I were to grant access to it?

Please follow:  -$4.95 in services, plus the value of my permissions at +$1.50 for my email, +$1.50 for my phone number, +$1.00 for my home address, +$0.50 for my online history back to yesterday, +$3.00 for my online history back to last week.  If I give access to my online history back to yesterday, my monthly service fee would be -$0.45.  If I grant that access back to last week, they credit my account at the rate of +$2.05 per month.  If I didn’t feel that they were offering enough, I would either pay the $4.95/mo access fee, find another provider for a similar service, or elect enough of my information in trade (in the form of my choosing) to cover the fee for their product or service.  It’s not so convoluted.

The recent 5-billion-dollar punitive decision against Facebook doesn’t even scratch the surface with the tech companies marketing people’s personal data.  For the amount of money they pull in, no amount, none in the human ability to conceive it will hurt enough to influence a change in their behavior.  These companies mine data, the way that oil barons mined the earth’s resources, and there are few competitors to challenge them.

The essence of the issue is this: my data belongs to me.  If you wanted to access my skill set, you’d hire me or contract me and pay me for my service.  If you wanted something I owned, my musical instrument for example, you would make me an offer reflective of the value you see in that item and could choose to agree to your offer or reject it.

These companies participating in data mining are stealing personal information, historical actions, choices, tastes, interests, relationships, familial connections, and personal and professional associations, each of which belongs to me and every other individual and profiting from them with no consideration to the persons that own and control this information.

If you walked into my house and began stealing things that belong to me, my rights under the 2nd Amendment to our Constitution preserves our right as human beings (inalienable human rights, not granted by government) to defend and protect my person, my family, and my property… or does it not?

So how is my personal information any different?

When you see the issue clearly through property rights and trade, it’s not that difficult to enact legislation that confirms that a persons personal information is property that belongs to them and they have the right to control access to that information and accept value in trade for it if and when they choose to do so.

Trade is an exchange of value per value; and frankly, I’m tired of being abused by people that continue to steal from me and watch my elected officials benefit from looking the other way.

CC:
David Schweikert (R-AZ) Who defends the rights of the people in his district

Martha McSally (R-AZ) Who defends the rights of Arizona against a central Federal authority

Kyrsten Sinema (D-AZ) Who defends the rights of Arizona against a central Federal authority

2 replies on “Personal Information Miners are Thieves”

I’ve gotten one “reply” back thus far,
Sen. Kyrsten Sinema (D-AZ) writes:

Dear Mr. Pandone:

Thank you for contacting me about strong data privacy laws. I always appreciate hearing from Arizonans about issues facing our state and country. It is important that we have conversations about topics that matter to you and your family, and I hope you will continue to reach out to me and share your perspectives and suggestions.

The United States does not have a comprehensive law regulating data privacy for all Americans. As technology has evolved, Congress has enacted a number of narrow federal laws to regulate how data is collected, protected, and used. These federal laws have resulted in a patchwork of guidelines that treat data differently depending on the type of information gathered or the industry collecting the material. For example, different federal regulations apply to health data, children’s data, and data held by financial institutions.

Other jurisdictions have passed broader laws regulating data usage. For example, the European Union’s General Data Protection Regulation (GDPR), which was signed into law on May 25, 2018, requires companies that collect data on European citizens to provide the right to opt in and the “right to be forgotten,” which is the ability of consumers to delete their data under certain circumstances. Companies must also notify consumers during a data breach. Additionally, the GDPR requires companies to anonymize collected data and provide the right to portability, which is the ability of consumers to transfer their data across borders and service providers.

U.S. state legislatures have also begun to pass laws on data privacy. Most notable is the California Consumer Privacy Act (CCPA), signed into law on June 28, 2018. Under the CCPA, companies that collect data on California residents must provide consumers with several protections. These protections include the right to opt out and the right to be forgotten. The CCPA also requires companies to provide the “right to know,” or the ability to request information about the type of data being collected, methods used, and third parties with whom personal information may be shared. The CCPA also requires companies to notify consumers during a data breach.

Supporters of broad, economy-wide federal data privacy measures contend such laws empower consumers to take control of their data and protect their personal information. Opponents argue these laws create overly burdensome regulations for companies and are not specific enough for businesses to comply, which puts companies at risk of significant penalties and fines, and may stifle innovation. At this time, legislation on data privacy has not been introduced in the United States Senate.

Arizonans value their privacy. Without a single, comprehensive privacy law, many are unable to understand how personal information is used and have therefore grown increasingly concerned about the privacy and security of personal data. Congress plays an important role in reassessing our laws, ensuring they are responsive to today’s technologies, and striking the appropriate balance between our security and our constitutional right to privacy. As a member of the U.S. House of Representatives, I worked to pass legislation that protects populations particularly vulnerable to privacy abuse and identity theft, including children and seniors. As a member of the Senate Committee on Commerce, Science, and Transportation, I am committed to finding thoughtful solutions to privacy that promote transparency and protect fundamental privacy rights while ensuring continued access to the technology that makes life easier and better for Arizona families.

Thank you for sharing your view on this issue with me. Please do not hesitate to contact our office with any future questions or comments. Additionally, if you would like to stay connected to our office with the latest news, legislation, and other useful information, please visit our website, sinema.senate.gov.

Sincerely,

Signature

Kyrsten Sinema
United States Senator

To which I replied:

Sen. Sinema,

You had much to say about laws enacted elsewhere, and what legislation does and doesn’t exist in places not of our state and not of our nation. I wonder if you even read the ideas I extended on this issue and what you might have to say about my suggestions if you had read them. You didn’t mention any of them; not one.

Like most politicians, you blather on around a topic as if “you’re on top of things” and have likely sent that same reply to as many people who addressed their concerns about their personal data security saying nothing about what is right, what is happening, and what must be done to preserve the liberty of Americans and rights of the State of Arizona.

You are one of two senators for the State of Arizona so you had the opportunity to hear my concerns. I didn’t vote to put you in office. Nothing that you’ve said on issues I’ve heard televised or in response to my various concerns expressed to your office would sway me to vote in support of putting you in that office for a repeat term. In short, I’m not impressed.

I look for you as Senator to continue to defend the rights of the State of Arizona against an overreaching centralized Federal government as is the task entrusted to Senators; two per state to defend the state’s rights. Considering where the Democratic Party philosophy is heading at this point, I hold serious doubt you either understand or recognize that last statement.

Please thank your office staff on my behalf for their efforts to reply.

From the personal email of:

David A. Pandone

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