Is Your Private Life Really Private When You're Dating Online? (Part III)

Privacy online is a major issue facing the 21st century world, that much is clear. And it's not just social networks and search engines that are putting your privacy at risk - online dating sites are also showing little regard for the safety of your personal information. They rarely use secure encryption, they habitually sell your private data to advertising companies, and they're legally bound to release your personal information if presented with a subpoena or court order.

The question now is "What's being done to stop it?" Is anyone looking out for your rights as an online dater?

Well...yes and no. Attempts are being made to increase online privacy, but they fall far short of the steps that actually need to be taken.

There's the Electronic Communications Privacy Act, which deals with government intrusions, but it was enacted in 1986, long before the Internet took on its current form and online dating became just as common as meeting someone in a bar.

Taking the issue to court doesn't seem to be making much headway either. In a case mentioned by Lori Andrews in her book I Know Who You Are and I Saw What You Did, it was argued that a data aggregator was not liable for accessing private information that was stored on a computer because the intent was to make a profit, not to commit a crime. It sounds crazy, but it's not an isolated incident. Courts have a long history of favoring tech companies and aggregators over users.

Other laws have been equally ineffective, Andrews notes to AlterNet. The Computer Fraud and Abuse Act makes it illegal to break into a computer to access information, but it "cannot apply to data aggregators because the person suing must prove a direct hit of $5,000 as a result." The Stored Communications Act, which prohibits accessing stored electronic information, may sound like a solid defense, but "courts have interpreted the law in such a way that if a Web site (Facebook, OkCupid) gives consent for a user's information to be tracked by another site (data aggregation company), users whose information is being shared can't sue."

Most recently, the Obama administration released a proposal for an online privacy "bill of rights" that calls for tech companies and consumer groups to come together to construct regulations to protect consumers. Some agreed to the adoption of a Do Not Track option, but it seems unlikely that companies that are not known for their ability to regulate themselves on privacy issues would suddenly become effective protectors of online privacy.

Still, it's a step in the right direction, and it's good to know that a real dialogue is finally being opened.

Related Article: Is Your Private Life Really Private When You're Dating Online? (Part II)