Privacy War II: A Historical Comparison, Not a Moral Equation

by Berin Szoka on September 3, 2009 · Comments

I noted yesterday that a coalition of self-styled “privacy advocates” chose Monday, September 1, to launch an all-out attack on online advertising—which happened to be 70 years to the day after the start of World War II. Since the term “Privacy War” has been used since the late 90s as a catch-all for the battle of ideas about whether and how to regulate online data collection (especially for advertising ), I found it noteworthy that a second round of the “Privacy Wars” had commenced on the anniversary of World War II.

The parallels are striking: Both World War I and Privacy War I (~95-2001) ended in settlements that left many combatants seething with the desire for revenge, followed by a period of rising tensions that ultimately erupted into another full-blown conflict. But most striking was the fact that World War II began with a bang (the German invasion of Poland) followed by eight months of inaction—the sitzkrieg or “sitting war”—before the Battle of France. I expect we are in precisely the same situation now in the Privacy Wars: a rhetorical “war” to be followed by awkward delay before the eventual introduction of legislation on the Hill. I also noted that:

What Churchill said of the debt owed by the British people to the heroic airmen of the RAF during the Battle of Britain could be said about online advertising over the last decade: “Never was so much owed by so many to so few.” Never before has advertising done so much good for consumers in funding innovation and creativity on so broad a scale for so many. Yet never before has advertising been so reviled in Washington as now.

I bent over backwards to emphasize that, in noting these historical parallels, I was “not actually comparing the coalition to Hitler” and that such comparisons (the Reductio ad Hitlerium or Godwin’s Law) are “surely the dirtiest rhetorical trick in the book.” Despite this disclaimer, Jeff Chester, who has fought a personal war against advertising for over three decades, has has seized this opportunity to distract from the real issues at stake in this battle of ideas about the future of the Internet—just as he’s repeatedly questioned the motives of those who challenge him. So before Jeff uses this as a political/fundraising stunt by putting out a press release ascribing insensitivity to the Holocaust to those who question whether crippling online advertising would really be good for consumers, let me make this clear:

  1. Again, I did not mean to draw a moral equation between the critics of advertising to the Nazis, only to point out the historical parallels in how these conflicts unfolded.
  2. I certainly understand why any analogy to World War II is sensitive. My own great-grandfather was among the first to be rounded up and put in a concentration camp when Hitler took power. He survived, but left the camp a broken man, and the lives of my grandmother and, through her, my father were changed forever by the experience.

So, if my historical comparison or use of the alliterative title “Attack of the Anti-Advertising Axis” legitimately offended others who aren’t just looking for an excuse to squelch dissent, I readily apologize. I’ll be even more sorry if Chester succeeds in twisting this contrived controversy of political correctness to further his own radical agenda of promoting sweeping preemptive Internet regulation over the real solutions to concerns about online privacy: educating and empowering users to choose for themselves.

Comments Posted in: Advertising & Marketing, Privacy, Security & Government Surveillance

Privacy War II (Part 1): Attack of the Anti-Advertising Axis

by Berin Szoka on September 2, 2009 · Comments

Note the disclaimer below, emphasized here

Seventy years ago yesterday, German troops invaded Poland.  Thus began World War II—after twenty years of rising tension in Europe. For the next eight months, the world sat waiting for the other shoe to drop—the sitzkrieg (literally “sitting war”) or “Phoney War,” as the English dubbed it. Finally, Germany invaded France and the Low Countries in May 1940 and the real war in Europe had begun.

In an eerie coincidence, yesterday also marked the beginning of Privacy War II: A coalition of ten “privacy and consumer advocacy” groups launched an attack of their own against targeted advertising, calling for sweeping preemptive privacy regulation to stop the much-dreaded “behavioral advertising” (customizing online ads to consumers likely interests based on “tracking” the websites they visit). This war rests on a much-repeated, but little-examined rhetorical fiction (much as the German invasion of Poland was justified by a staged “Polish” attack on a German radio station near the border): Consumers are in dire peril if government does not act to protect them from… what, exactly?

What Churchill said of the debt owed by the British people to the heroic airmen of the RAF during the Battle of Britain could be said about online advertising over the last decade: “Never was so much owed by so many to so few.”  Never before has advertising done so much good for consumers in funding innovation and creativity on so broad a scale for so many. Yet never before has advertising been so reviled in Washington as now.

No, I’m not actually comparing the coalition to Hitler [I've added the emphasis here since many readers seem to have missed this disclaimer, and followed up with a re-emphasis here] (surely the dirtiest rhetorical trick in the book), despite my tongue-in-cheek title.  But I would be remiss as an armchair historian for not pointing out the significant parallels between the pattern of the World Wars and the Privacy Wars. Whether one wants to say that the “opening shot” of Privacy War II was fired yesterday or at one of the hearings or FTC Town Hall meetings held over the last two years, we clearly are in a sitzkrieg phase of this great Conflict of Visions over information, the great currency of the online economy: The shooting has started, but the real battle won’t start until Chairman Boucher actually introduces his much-anticipated legislation. Continue reading →

Comments Posted in: Advertising & Marketing, Media Regulation, Privacy, Security & Government Surveillance