Exclusive Interview with Mark S. Merkow
Co-Author of “The E-Privacy Imperative—Protect Your Customers’ Internet Privacy and Ensure Your Company’s Survival in the Electronic Age”

In the brave new world of e-business, one challenge overshadows all others — how to ensure a customer’s right to privacy. With stories of credit card fraud and identity theft becoming almost commonplace, (not to mention our inundation with “spam” e-mails) the issue has become critical to many companies’ survival in the electronic age.

According to a new book, “The E-Privacy Imperative” (AMACOM 2002) by Mark S. Merkow, CCP, CISSP and James Breithaupt, “The truth is that with each click on some irresistible online offer, consumers may be giving up a little bit of themselves.”

However, there are steps e-businesses can take to protect themselves, their companies and their customers. AMA’s Shari Lifland recently spoke to Mark S. Merkow to shed some much-needed light on this complex and compelling topic.


AMA: In the introduction to “The E-Privacy Imperative” you write, “The climate of today’s Internet has created potentially insurmountable problems that may, in time, doom the promises of e-commerce.” Do you really think the problems are “insurmountable?” Now that consumers have discovered how easy it is to click their way to material gratification, will they abandon the Internet for “safer” shopping options?

Mark S. Merkow: If left unchecked, the rise in identity theft because of stolen credentials via the Internet or abuses of personal information will indeed cause people to find safer ways to shop. Without such controls, the Internet--in time--may return to its earliest days of marketing fluff, without any mechanisms to purchase goods and services because people cannot trust the channel or operators within the channel to keep their confidential information safe and secure from prying eyes.

AMA: Many consumers still distrust the Internet and so refuse to join the e-commerce revolution. What steps must e-tailers take to convince these people that it’s safe to purchase goods online?

Merkow: Retailers need to work much harder than ever before to convince people that they’ll honor commitments to keeping private information private. They should subscribe to new technology initiatives and trust services, like those offered by Visa with the Verified By Visa program and the AICPA with the Webtrust program, and similar initiatives. If the merchant acquiring banks offer incentives to merchants to adopt safer payment protocols, and merchants follow the advice of security experts and e-commerce experts, they’ll go a long way to convincing people they’re honest, upstanding and worthy of consumers’ business—and trust!

AMA: What role do you think the federal government, specifically the Federal Trade Commission, should play in protecting consumers’ right to privacy on the Internet?

Merkow: The FTC should continue with annual reports before Congress on privacy and problems related to privacy, and continue prosecuting offenses that come to their attention. When E-tailers finally understand that abuses will not only be punished, but also threaten their very existence, the temptations to misuse personal information should begin to decline. In the end, it’s not the technology that’s abusing personal information, it’s the human operators on the other end of the pipe who are making the decisions. Sometimes those decisions are made too hastily and lead to a disregard for promises (privacy policies) they’ve made to customers.

AMA: I recently opened up a “hotmail” account to preserve the privacy of my home and office e-mail addresses and immediately received a spam e-mail for a porn website. How did they manage to access the new address so quickly?

Merkow: Simple — the Member Directory will list all entries unless you explicitly tell Hotmail NOT to list your name, address or other information you supplied to set up the new address. Rather than opt-in to the membership directory, you need to opt-out on your own.

AMA: When an online business states that it does not collect user information, should consumers believe them?

Merkow: Well, if there’s a form on the site to collect information and the business states that no information is collected, I’d be instantly suspicious. Deeds speak far louder than words. On the other hand, if the firm states it only uses the information it collects to consummate a transaction and does not sell the information to affiliates or third-parties, I would remain wary until I saw proof (over time) that my name did not ‘leak’ onto mailing lists that could only have emanated from that merchant, e.g. reserving a room at the Hilton won’t cause me to receive E-mail from Embassy Suites for some “irresistible offer.”

AMA: What are some of the main security and privacy issues specific to B2B E-commerce?

Merkow:

  • Information leakage of negotiated contract data and pricing
  • Running an insecure Web server that could be used by hackers to attack another member of the marketplace
  • Theft of customer data on insecure database servers
  • Incomplete or insufficient compliance to stated privacy policies and information security policies and standards

AMA: Can you briefly discuss the critical elements of an acceptable privacy policy?

Merkow: A good privacy policy incorporates the four central themes as outlined by the FTC:

1. Notice—Tell people what information you collect, for what purposes you’re collecting it, how long you plan to keep it, whether or not you plan to re-sell it and how your site uses cookies for preferences or later visits to the site.

2. Access—Let people see what information you’ve collected about them and let them decide if they wish to continue allowing you to keep their information and/or allow people to make corrections to the data if it’s out of date or incorrect.

3. Choice—Let people decide how they wish to remain in contact with your company. Make choice as granular as possible, allowing people to opt-in and opt-out at will, without an all-or-nothing approach to information sharing. Perhaps some people will want to read your monthly e-mail newsletter, but don’t want daily specials that you send via e-mail. The more granular choices you offer, the better off your site becomes.

4. Security—Tell people how you’ll protect their information both en-route to the site and after their information is in your databases. Tell them about your uses of SSL (Secure Sockets Layer, the mechanism to protect data from a Web browser), who is involved in payment processing, how credit card data is handled, etc.

AMA: In your experience, which works best for most companies--the establishment of an in-house Internet security team or outsourcing the function?

Merkow: One important aspect of security is that accountability can NEVER be out-sourced! It’s not the firm that monitors the network or establishes the firewall rules that will wind up in court in the case of an incident--it’s the owner/operator who will. Having said this, it’s totally appropriate to hire an outside firm to establish policies, construct the secure networks, configure and harden the E-commerce servers and monitor the network 24/7. Good security people don’t come cheap, and nephews who took a course in HTML tend to be poor security administrators. So unless you can commit sufficient budget for full-time personnel, you’re better off with a hired hand.

AMA: What company or companies would you identify as having the best consumer or business privacy protection policies today? Why?

Merkow: Throughout all the research James Breithaupt and I did for the book, I kept pointing to Amazon.com as the prototype for an Internet site that truly lives up to their promises--for security, for privacy and for extraordinary customer service. Amazon sets the bar ever higher and few other sites have even come close to matching its heights!

Click here for Merkow and Breithaupt’s “Top Ten” initiatives that any business concerned about e-privacy should take NOW.

Click here for more information about this book and AMACOM’s extensive list of business titles.

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