Haaretz (Israel)eBay, ever anxious to up profits, bends over backward to provide data to law enforcement officials
"I don't know another Web site that has a privacy policy as flexible as eBay's," says Joseph Sullivan. A little bit later, Sullivan explains what he means by the term "flexible." Sullivan is director of the "law enforcement and compliance" department at eBay.com, the largest retailer in the world.
Sullivan was speaking to senior representatives of numerous law-enforcement agencies in the United States on the occasion of "Cyber Crime 2003," a conference that was held last week in Connecticut. His lecture was closed to reporters, and for good reason. Haaretz has obtained a recording of the lecture, in which Sullivan tells the audience that eBay is willing to hand over everything it knows about visitors to its Web site that might be of interest to an investigator. All they have to do is ask. "There's no need for a court order," Sullivan said, and related how the company has half a dozen investigators under contract, who scrutinize "suspicious users" and "suspicious behavior." The spirit of cooperation is a function of the patriotism that has surged in the wake of September 11. ---
Attorney Nimrod Kozlovski, author of "The Computer and the Legal Process" (in Hebrew), heard the lecture, and could not believe his ears. "The consent given in the user contract should be seen as `coerced consent,' in the absence of any opportunity to exercise free choice, with no real alternative but to agree. This is most certainly not conscious consent."