An inability to buy 'the info' does not necessarily mean that it is illegal to buy/sell such information. That information is simply not available on the open market. ISPs do not provide raw-data to the general public. Even if I want my browsing information in a marketable, commercial-ready format, the big ISPs will not ordinarily gather and deliver it. If I did somehow get it, it would have to be in an accessible and usable format.
A marketable format would probably be a readable format. That readable format then becomes content based information, rather than code-based-metadata.
'Content' enjoys a number of protections, including the IV Amendment. Federal law prohibits many forms of content acquisition, e.g.: wire-tapping, electronic eavesdropping, surreptitious recording, and digital interception. You can’t gather the content of someone’s private communications without consent or a warrant based on probable cause.
'Metadata' protections are more ambiguous, as the term is more vague. Regardless of how it is may be defined, it is not 'content'. If metadata is gotten by an unauthorized access, that would violate the Stored Communications Act (SCA) (18 U.S.C. § 2701 et seq.).
So who owns 'my' metadata and browsing-patterns? Better read the Terms & Conditions of Use (for EVERY website you visit and EVERY App you apply), to see what you've waived.
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Re: Re: I donated
A marketable format would probably be a readable format. That readable format then becomes content based information, rather than code-based-metadata.
'Content' enjoys a number of protections, including the IV Amendment. Federal law prohibits many forms of content acquisition, e.g.: wire-tapping, electronic eavesdropping, surreptitious recording, and digital interception. You can’t gather the content of someone’s private communications without consent or a warrant based on probable cause.
'Metadata' protections are more ambiguous, as the term is more vague. Regardless of how it is may be defined, it is not 'content'. If metadata is gotten by an unauthorized access, that would violate the Stored Communications Act (SCA) (18 U.S.C. § 2701 et seq.).
So who owns 'my' metadata and browsing-patterns?
Better read the Terms & Conditions of Use (for EVERY website you visit and EVERY App you apply), to see what you've waived.
Techdirt has not posted any stories submitted by JackL.
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