Do we promote free speech or interfere by monitoring online activities?

Businesses that try to build up marketing profiles by intercepting and tracking Web searches, email, online downloads, and other activities through deep packet inspection interfere with an individual's ability to rely on the Internet as a trusted forum for information and discussion. When users are forced to worry about whether or not they can safely use the Internet to ask questions and communicate about health, sexual orientation, religion, politics, or other sensitive topics, companies face the heavy wrath of consumers and the government. According to one technology consultant, "Users have made it very clear that they don’t want any part of ISP monitoring regimes that watch everything they do and say on the Internet."

• Consider the consequences of monitoring user behavior. If users believe that their activities are being tracked, they are not only less likely to produce content but also less likely to seek it out. Firmly establishing a policy of not monitoring activity can lead to a more robust forum and a more engaged user base.

Verizon: In late 2007, Verizon received widespread praise when it made a pro-free speech pledge not to monitor its network backbone for peer-to-peer file sharing. The company pledged that it would not "accept the role of network police agency."

• Refrain from monitoring user activity that does not pertain to your service. Do not use deep packet inspection, third-party cookies, or other methods to obtain information about online activities of users that occur beyond the boundaries of your service.

NebuAd: The data analysis company’s deep packet inspection system, designed to track every Web click for targeted online advertising, led to broad consumer outcry, an inquiry into its legality by the House Energy and Commerce Committee, the resignation of the founder and chief executive, and the cancellation of major partnership agreements, including a pilot program with the fourth-largest Internet service provider in the United States.

• Clearly inform users about your monitoring practices and obtain opt-in consent. It is far better to clearly inform customers about monitoring practices and obtain opt-in consent than to keep these practices a secret and risk widespread outrage, negative press, and potential investigations and lawsuits.