From: David Farber <dave@xxxxxxxxxx>
Subject: [IP] Intel privacy license - suggested post for IP
Date: Thu, 9 Nov 2006 08:28:54 -0500
To: ip@xxxxxxxxxxxxxx
From: Miller1, John S
Sent: Thursday, November 02, 2006 1:18 PM
To: 'David Farber'
Cc: Hoffman, David Legal
Subject: Intel privacy license - suggested post for IP
Professor Farber,
I am attaching below (and as a word document) information regarding
an open-source-style license aimed at preserving information privacy
that Intel has been working on with a group of privacy law experts.
David Hoffman discussed this concept with you when you were in Santa
Clara back in September, and you were receptive to posting
information regarding the privacy license on your IP list at the time
would you still be willing to do so? It would really be great if
we were able to solicit feedback on this concept from the readers of
your IP. Per your suggestion, we have requested that your readers
reply with comments to the IP list would you be willing to forward
to us any comments you receive that you deem not worthy of
publication to the IP?
Although I think the suggested post is fairly self-explanatory, I?d
be happy to answer any additional questions you might have regarding
the privacy license concept, or to address any issues you might have
concerning the post itself. For your information, all of the
individuals mentioned in the text have expressly authorized that
their names be used for this purpose.
Thank You and Best Regards,
John Miller
____________________________________________
John S. Miller, Esq. | Privacy and Security Policy Manager
Corporate Technology Group | Technical Policy and Standards
Intel Corporation | JF2-96 | 2111 NE 25th Ave | Hillsboro, OR 97124
direct: 503 712 5082 | mobile: 646 345 8716 | fax: 503 264 1578
email: john.s.miller1@xxxxxxxxx
Intel is pleased to announce an open-source-style license aimed at
preserving information privacy. Intel has been working on this
license language with a group of privacy law experts, in connection
with Intel?s release of a location-aware software platform. Our
collective vision is for the privacy-protective terms of the license
to be eventually adopted by the open-source community, structured as
an addendum to open-source license(s).
The concept of adapting the open source licensing model to encourage
social norms protective of end user privacy grew out of conversations
among a group of researchers, academics, and lawyers. The group
includes academics at several universities, including UC Berkeley and
the University of Washington, several prominent lawyers and Intel
Corporation, including: Deirdre K. Mulligan, a Clinical Professor of
Law at Boalt Hall School of Law, Director of the Samuelson Law,
Technology and Public Policy Clinic, and a Director of the Berkeley
Center for Law and Technology; Pamela Samuelson, the Richard M.
Sherman Distinguished Professor of Law at Boalt Hall, and a Director
of the Berkeley Center for Law and Technology; Elliot Maxwell, a
Fellow of the Communications Program at Johns Hopkins University and
a Distinguished Research Fellow of the eBusiness Research Center of
Pennsylvania State University; Becky Burr, a partner at the law firm
of Wilmer Cutler Pickering Hale & Dorr; and Paul M. Schwartz, a
Professor of Law at University of California, Berkeley School of Law
(Boalt Hall). Working together, we have devised an innovative
approach to protecting social norms around privacy as location-aware
computing evolves.
This group came together soon after Intel?s
development of a location- aware computing
technology. We collectively became concerned about
potential misuses of location-aware technology, particularly in cases
of vulnerable people like battered spouses. Intel?s goal was to
release this technology in open source, but wanted to discuss the
possibilities of adapting the open-source licensing model to
encourage social norms protective of end user privacy.
In discussions that took place over the past year and a half, the
group devised the idea of adding an addendum to an open-source
license. This addendum, as currently drafted, discloses to the end
user what information is being collected and how long the information
will be kept, and requires that the developer incorporate opt-out
capability into the software systems based on the licensed code.
Further, the addendum is designed to be adaptable to different
technology areas, e.g. location-aware computing, medical device
software, etc. But we do expect that it will undergo various
iterations as we work to continuously improve the terms of the addendum.
Currently Intel has drafted a software license by attaching the terms
of the privacy addendum to the text of the Eclipse Public License.
Intel is releasing software it calls POLS (Privacy Observant Location
System) under this license. Because we would prefer to release our
software under an ?approved? open-source license, we are currently
initiating discussions with the Open Source Initiative to encourage
the adoption of the Privacy Amendment as an acceptable amendment for
use in conjunction with OSI?s approved open source licenses (as
appropriate).
To that end, the group plans to work with OSI and the open source
community to further refine the privacy addendum, and to ultimately
get to a point where the privacy addendum can serve as an ?OSI
approved? addendum to be added to OSI-approved open source licenses
for technology implicating end-user privacy concerns, and made
available to the open source community at large. We believe this is
an innovative approach to addressing privacy issues. We believe that
a bottoms-up effort to encourage the development of privacy-sensitive
social norms is necessary and in fact critical for both privacy and
public adoption of the technology. We post this information here,
with the hope that others will see value in this approach, and pursue
similar methods for providing privacy protection for users of
technology.
More information is available at: http://
privacyaddendum.seattle.intel-research.net/. Please reply to this
list with comments.
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