7 Reasons Why Your Company Needs a Privacy Policy

Like Phones, Privacy Policies Should be Easy to Use, with a Complex Infrastructure

Non-attorneys are often (justifiably) baffled at why lawyers take 3,000 words to say what normal people say in 300 and a handshake. At the risk of defending verbosity, it turns out that behind each handshake contains a wide range of non-standard assumptions. Many (if not most) disputes arise when there is a misunderstanding about an unspoken assumption—the meaning of a word, or silence on a particular issue. That’s why it takes lawyers so many words to say something so simple; simple things are more complex than we thought.

Consider the telephone—an elegant piece of equipment which is exceedingly easy to use. Yet the infrastructure and technology supporting telephony and networking is extremely robust and complex. Consumers pay the telcos to worry about the millions of miles of copper and fiber, routers, substations and central offices. The infrastructure isn’t a “necessary evil,” it’s just necessary.

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How to Avoid a Legal 500 Error With Your Privacy Policy

Avoid a Legal 500 Error. Debug your legal documents.

Avoid a Legal 500 Error. Debug your privacy policy.

Legal Programming

By Aaron Titus

I’m an awesome programmer. The only thing keeping me from Python, PHP, or Ruby coding awesomeness is knowledge… and skill… and training… and, um practice. OK, I may not be a Ruby all-star, but I could be if I wanted to. Likewise, you can do anything for yourself that an attorney can do for you, including writing legal documents. Lawyers just happen to have knowledge, skill, and training. And if I wanted an iPhone app, I’d talk to a programmer. If I wanted legal documents, I’d talk to a lawyer.

In fact, lawyers are programmers. Writing legal documents—like privacy policies—is just like writing code.

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The Three Elements of Action

YawnYour meeting was supposed to last just 45 minutes, but the first 35 have been devoted to the first agenda item.  Most eyes have glazed over and you are the only one speaking. Just as tired as everyone else you say, “OK, so we all agree that we’re going to do that?” Hearing no objection, you move on to the next subject.

You are relieved to move on, but don’t be surprised when you have to rehash the same subject at the next meeting. Do not mistake movement for progress; your discussion was an utter failure because it lacked the fundamental element to any progress: An Action Item.

Every action item is comprised of three things:

  • A Person
  • A Deliverable
  • A Date

Absent one of these three things, a decision is not an action item. It is a wish. All would-be “action items,” “goals,” or “decisions” which  fail to include one or more of these components were a waste of your breath and their time. Action items must be clear, measurable, and have accountability. Unless you want to rehash the same issue at the next meeting, never walk away without identifying a person, a deliverable and a date for each action item, regardless of the subject matter. Let’s analyze some would-be “action items” from actual meetings:

Assignment 1: “Development of a power point presentation to train staff.”

Person None.
Deliverable A powerpoint presentation. However, the subject matter of the presentation is not clear in this context.
Date None. This presentation will never be late, because it’s never due.
Outcome Inaction. This is a wish, not an action item.

Assignment 2: “Staff will take decisive action aimed within the next 30 days at having the new privacy policy ready to be trained upon.”

Person Nobody, or more specifically, everybody. Note the excessive use of passive voice. An action assigned to everybody is nobody’s responsibility.
Deliverable None. If you can tease a deliverable out of this, you deserve a raise. What exactly does “decisive action” and “ready to be trained upon” mean?
Date 30 Days. However, this date doesn’t mean much because there’s no deliverable or assignment.
Outcome Inaction. This is a wish, not an action item.

Assignment 3: “Jane Davis should work with the Communications Department to discuss the issue of posting the entire training program on the website for free downloading to all visitors.”

Person Jane Davis.
Deliverable Hold a discussion with the Communications Department. Although they probably intend for Jane to post the training program, her only assignment is to have a discussion. It might have been written better, “coordinate with the Communications department to post the training program in by the end of the month.”
Date None.
Outcome Inaction. This is a wish, not an action item.

Assignment 4: “Kevin Jones will identify key end-users, such as educational and other relevant organizations, and develop a database of end-users, by the end of January.”

Person Kevin Jones.
Deliverable Database of end-users. Of course, with this responsibility, Kevin must also have the authority and resources to execute the assignment.
Date January 31st.
Outcome Action. This is an action item.

The three components of action are a person, a deliverable, and a date. Here’s your assignment: Next time you lead a meeting, don’t rest until you identify the three elements of action for every assignment. It’s the single most effective thing you can do to shorten meetings and avoid rehashing the same issue again in the future.

So let’s evaluate my assignment:

Person You.
Deliverable Require a person, deliverable, and a date for every assignment you make.
Date Your next meeting.
Outcome Shorter, more effective meetings, happier employees, and real action. This is an action item.
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FTC Says Bloggers Must Disclose Freebies

A Closer Look at the Moneyby Aaron Titus

The FTC recently announced new guidelines requiring bloggers to disclose when they get freebies in exchange for reviews. Adopted by a vote of 4-0, this is the first update of the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising in 29 years. The rules go into effect on December 1, 2009.

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Privacy Commons for Government

Congress Camp Logoby Aaron Titus

Unconferences” (hat tip to identitywoman) are great opportunities to network, gather and share information.  They attract bleeding-edge leaders on emerging problems and technologies. My most recent unconference was Congress Camp 2009, organized by the Open Forum Foundation. The gathering focused (broadly) on social networking tools and Web 2.0 for government. It was well attended by advocates who want to reach Congress, and over-worked hill staffers who use IE6 and must cope with information overload. We also got a preview of GovLuv.org. If you have an interest in social networking and government, I highly recommend looking at some of the blog articles.

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Creative Commons for Privacy

Privacy Bar Camp DC

Image based on Three Poppies by Federico Ferrari.

by Aaron Titus

In late June, 2009 I attended the Privacy Bar Camp DC (Twitter: @PrivacyCampDC) organized by Shaun Dakin with support from the Center for Democracy and Technology, and conducted at the Center for American Progress. I confess that I attended primarily to aid my job search (psst… that was a shameless, self-promoting plug), but ended up having a great time. Bar camps have an ingenious format which promotes a high degree of participation, interaction, and brainstorming. They have nothing to do with a state legal bar, nor camping. And the genius is, they don’t have an agenda. Read more

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The Internet in 5 Minutes or Less

Most of us know how to use the internet, without actually understanding how it works. In five minutes, this video gives some of the fundamentals of how the Internet works. Most importantly, the internet is not a fuzzy cloud. The internet is a wire, actually buried in the ground. Computers connected directly to the internet are called “Servers,” while the computers you and I use are “clients,” because they are not connected directly to the internet, but through an Internet Service Provider. Routers shuttle packets of information across the internet, and transmit e-mail, pictures, and web pages.

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