[Ed: We especially like how MS changed its published policies to be no
longer fraudulent
only after the Press asks questions..]

http://story.news.yahoo.com/news?tmpl=story&u=/ap/20020221/ap_on_hi_te/microsoft_privacy_14

Microsoft Program Tracks User Info
             Wed Feb 20, 8:20 PM ET

             By D. IAN HOPPER, AP Technology Writer

             WASHINGTON - Microsoft's new version of its popular Media
             Player software is logging the songs and movies that
customers play.

              The company changed its privacy statement Wednesday to
notify
             customers about the technology after inquiries from The
Associated
             Press.

             The system creates a list on each computer that could be a
treasure for
             marketing companies, lawyers or others. Microsoft says it
has no plans
             to sell the data collected by Media Player 8, which comes
free with the
             Windows XP (news - web sites) operating system. The company
said
             last month it had sold more than 17 million copies of
Windows XP.

             "If you're watching DVDs you don't want your wife to know
about,
             you might not want to give her your password," said David
Caulton,
             Microsoft's lead program manager for Windows Media.

             The media player has been bundled as a free addition to
Windows for
             several years and allows users to play music CDs, DVD
movies and
             digitally stored songs on their computers.

             When a CD is played, the player downloads the disc name and
titles
             for each song from a Web site licensed by Microsoft. That
information
             is stored on a small file on each computer in the latest
version of the
             software.

             The new version released with Windows XP last fall also
added the
             same technology for DVD movies.

             Microsoft's original privacy statement informed customers
that they
             were downloading the information about CDs but never stated
it was
             being stored in a log file on each computer.

             The new statement makes clear that information is being
downloaded
             for both DVDs and CDs, but does not explain how users can
eliminate
             or get into the log file.

             "It definitely could have been clearer and more specific
about DVDs,"
             Caulton said.

             Clearing the list of songs and movie titles would cripple
Media Player.
             Stopping the program from collecting any more information
would
             mean changing the software's settings, but that would
disable Internet
             broadcasts.

             As part of downloading the information about songs and
movies from
             the Web site, the program also transmits an identifier
number unique to
             each user on the computer. That creates the possibility
that user habits
             could be tracked and sold for marketing purposes.

             Privacy experts said they feared the log file could be used
by
             investigators, divorce lawyers, snooping family members,
marketing
             companies or others interested in learning about a person's

             entertainment habits. It also could be used to make sure
users have
             paid for the music or movie, and have not made an illegal
copy.

             "The big picture might be the owners of intellectual
property wanting to
             track access to their property," said Peter Swire, a law
professor at
             Ohio State University.

             Microsoft said the program creates the log file so a user
does not have
             to download repeatedly the same track, album or movie
information.
             The company said the ID number was created simply to allow
Media
             Players users to have a personal account on the Web site
dealing with
             the software.

             Neither is sold or shared with others, and no information
is collected on
             Microsoft's servers that would be personally identifiable,
officials said.

             "This is essentially a case where it (the ID) doesn't serve
any purpose
             and it isn't used," Caulton said.

             Jonathan Usher, another Windows Media executive, said
Microsoft
             has no plans to market aggregate information about its
customers'
             viewing habits, but would not rule it out.

             "If users tell us that they want the ability to get
recommendations, that's something we could look into
             on the behalf of users," Usher said.

             In a recent memo, Microsoft chairman Bill Gates (news - web
sites) ordered his company to check
             for privacy and security concerns before adding new
features.

             "Users should be in control of how their data is used,"
Gates wrote. "Policies for information use
             should be clear to the user. Users should be in control of
when and if they receive information to make
             best use of their time."

             Privacy researcher Richard Smith, who researched how Media
Player stored and transmitted the
             information, questioned why the program has to give chapter
information for DVDs at all because
             almost all discs have chapter listings in an interactive
menu within the movie.

             He said the feature seems to conflict with Gates'
directive.

             "You can really see the Microsoft culture coming through
that Gates wants to change. These guys are
             digging in their heels," he said.

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