Federal Law Requires That You Read This Post
This story of Customer Service Representative stupidity, if true, is outrageous:
I purchased a Dell server today for work, through our account representative at Dell. At the end of the order process, just before confirmation, the Dell representative said:
Federal law requires that we ask what will this server be used for?
I asked, incredulously, “Why the hell does the federal government care?” to which the Dell representative replied “PATRIOT Act”.
Of course, that’s bunk. Dell just wants the data for marketing purposes, and I suspect this particular CSR is making up the “federal law requires” bit himself.
It is extremely easy, and extremely pernicious, for businesses that deal with the public to falsely claim that some self-serving policy is a legal requirement (invariably “federal”). I’m reminded of Cory Doctorow’s battle with American Airlines about TSA regulations that may or may not actually exist.
I don’t see any First Amendment problem with instituting criminal penalties for knowing misrepresentation of government requirements in connection with the collection of customer information. Would such a law be good policy?
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Taking no position on your question: whether such a law would be good policy, and instead writing to say that for me the dialog would go like this:
Dell: Federal law requires that we ask what this server will be used for.
Me: And the Federal Constitution guarantees me the right not to answer.
I’ve actually been surprised how easy it is to stand up to this sort of information gathering. Lots of times now when I buy something the cashier asks for my phone number. I simply say, “We don’t give it out.” and invariably there is never an argument. They just type in 555-5555 or something comparable and hand me my receipt. Being raised in the South I was inculcated with a desire to be friendly and accomodating, but I’ve found it just as easy to jealously guard my personal information. (And “inculcated” isn’t quite right because it was all taught without a word ever being spoken.)
Comment by Brian C — June 21, 2005 @ 10:43 pm
[...] of the former tenant’s issues of Martha Stewart Living. Not quite as irritating as this, but close. At least here, they’re referring [...]
Pingback by joegratz.net » Dire Warnings — July 12, 2005 @ 10:17 pm
dude, you’re a douche, do you understand the patriot act? The government has abolished the 4th Amendment, stipping us of our constitutional rights. They care what we’re doijng with the servers because Iraq bought something like 3,000 PS2′s to “guide ballistic missiles” or some bullshit. Tell Dell the truth, you’re using the server to serve end-using workstation/personal CPUs. But according to you, it’[s a conspiracy….Dell wants to know so they can send your 1234957435 years worth of catalogs to your business mailing address.
Comment by paul — July 15, 2005 @ 9:50 pm
Comment to Brian C. – Good on you. I was also raised to be polite, and that reflex is why the companies are able to get so much information out of customers. I’ve learned to ask why the information is being collected, and to refuse unless there’s a good reason – politely, if possible.
Comment by Zonker — July 21, 2005 @ 12:33 pm