"Privacy expert Woodrow Hartzog, a visiting professor of law at the University of Notre Dame, said the only likely bar to an investigation was time. The cash-strapped FTC takes about 10 to 12 cases per year, meaning it must focus on issues it feels have a wider resonance.
“That said, the FTC has clearly signalled it is very concerned about software companies making promises and not delivering on them,” he said. He added that he felt “anonymity” was a hot issue that the regulator would want to define as more companies make promises about protecting a user’s identity.
“Whisper can say that no personal identifying information is collected. I don’t think that’s what consumers would see as ‘anonymous’. The public perception of anonymous is that you can’t tell who I am.”
Hartzog said Whisper’s terms and conditions were unlikely to constitute a strong defence if the FTC mounts a case. The agency considers marketing material and public announcements to be more important than the legalese that constitutes most companies’ terms and that few people read."
- Date Published:10/17/2014
- Original Publication:The Guardian