Dr. Latisha Smith, an expert in decompression
sicknesses afflicting deep sea divers, has cleared criminal background
checks throughout her medical career. Yet someone searching the Web for
the Washington State physician might well come across an Internet ad
suggesting she may have an arrest record."Latisha Smith, arrested?" reads one such advertisement.
Another says: "Latisha Smith Truth... Check Latisha Smith's Arrests."
Instantcheckmate.com, which labels itself the
"Internet's leading authority on background checks," placed both ads. A
statistical analysis of the company's advertising has found it has
disproportionately used ad copy including the word "arrested" for
black-identifying names, even when a person has no arrest record.
Latanya Sweeney is a Harvard University professor of
government with a doctorate in computer science. After learning that her
own name had popped up in an "arrested?" ad when a colleague was
searching for one of her academic publications, she ran more than
120,000 searches for names primarily given to either black or white
children, testing ads delivered for 2,400 real names 50 times each. (The
author of this story is a Harvard University fellow collaborating with
Professor Sweeney on a book about the business of personal data.)
Ebony Jefferson, for example, often turns up an
instantcheckmate.com ad reading: "Ebony Jefferson, arrested?" but an ad
triggered by a search for Emily Jefferson would read: "We found Emily
Jefferson." Searches for randomly chosen black-identifying names such as
Deshawn Williams, Latisha Smith or Latanya Smith often produced the
"arrested?" headline or ad text with the word "arrest," whereas other
less ethnic-sounding first names matched with the same surnames
typically did not.
"As an African-American, I'm used to profiling like
that," said Dr. Smith. "I think it's horrendous that they get away with
it."
Instantcheckmate.com declined to comment. The company's
founder and managing partner, Kristian Kibak, did not respond to
repeated emails and phone calls over a period of several months, and
other employees referred calls to management. Company officials also
declined to comment when visited twice at their call center in Las
Vegas. Former employees said they had signed nondisclosure agreements
that barred them from speaking openly about Instant Checkmate.
Instantcheckmate.com is one of many data brokers that
use and sell data for a variety of purposes. The field is attracting
growing attention, both from government and consumers concerned about
possible abuse. Rapid advances in technology have opened up all sorts of
opportunities for commercialization of data.
Anyone can set up shop and sell arrest records as long
as they stay clear of U.S. legal limitations such as using the
information to determine creditworthiness, insurance or job suitability.
Companies that compete with instantcheckmate.com
include intelius.com and mylife.com. An examination of Internet
advertising starting last March as well as Sweeney's study did not find
any rival companies advertising background searches on individual names
along racial lines.
WHO CAN BE TRUSTED?
In its own marketing, Instantcheckmate.com sums up its
mission like this: "Parents will no longer need to wonder about whether
their neighbors, friends, home day care providers, a former spouse's new
love interest or preschool providers can be trusted to care for their
children responsibly."
According to preliminary findings of Professor
Sweeney's research, searches of names assigned primarily to black
babies, such as Tyrone, Darnell, Ebony and Latisha, generated "arrest"
in the instantcheckmate.com ad copy between 75 percent and 96 percent of
the time. Names assigned at birth primarily to whites, such as
Geoffrey, Brett, Kristen and Anne, led to more neutral copy, with the
word "arrest" appearing between zero and 9 percent of the time.
A few names fell outside of these patterns: Brad, a
name predominantly given to white babies, produced an ad with the word
"arrest" 62 percent to 65 percent of the time. Sweeney found that ads
appear regardless of whether the name has an arrest record attached to
it.
Blacks make up about 13 percent of the U.S. population
but account for 28 percent of the arrests listed on the FBI's most
recent annual crime statistics.
Internet advertising based on millions of name pairs
has only existed in recent years, so targeting ads along racial lines
raises new legal questions. Experts say the Federal Trade Commission,
which this year assessed an $800,000 penalty against personal data site
Spokeo.com for different reasons (related to the use of data for
job-vetting purposes), would be the institution best placed to review
Instant Checkmate's practices.
The FTC enforces regulations against unfair or
deceptive business practices. A deceptive claim that would be more
likely to get people to purchase a product than they would otherwise
would be a typical reason the FTC might act against a company, said one
FTC official who did not want to be identified. For example, authorities
could take action against a firm that makes misleading claims
suggesting a product such as records exist when they do not.
"It's disturbing," Julie Brill, an FTC commissioner,
said of Instant Checkmate's advertising. "I don't know if it's illegal
... It's something that we'd need to study to see if any enforcement
action is needed."
Instant Checkmate's Kibak, who is in his late 20s,
works out of a San Diego office near the Pacific Ocean. The son of a
California biology professor, he did not respond to repeated phone calls
and emails seeking comment about his business.
"We would consider the answers to most of your
questions trade secrets and therefore would not be comfortable
disclosing that information," Joey Rocco, Kibak's partner according to
the firm's Nevada state registration, said in an email.
Instant Checkmate LLC maintains its official corporate
headquarters at an address in an industrial zone across the highway from
the Las Vegas strip. At the back of a long parking lot, the company
shares a warehouse building with an auto repair shop. At one end, a
large roll-up garage-style door opens to the company's call center.
Workers face a gray cinder-block wall, their backs to the entrance.
Staff declined to answer questions.
DATA FIRMS PROLIFERATE
Professor Sweeney's analysis found that some
instantcheckmate.com ads hint at arrest records when the firm's database
has no record of any arrest for that name, as is the case with her own
name. In other cases, such as that of Latisha Smith, the company does
have arrest records for some people by that name, although not for the
doctor of hypobaric medicine in Washington State.
Laura Beatty, an Internet Marketing Inc expert in
helping companies achieve prominent placement in Web searches, said
instantcheckmate.com appeared to choose its ads based on combinations of
thousands of different first and last names and then segment them based
on the first names.
"There does look like there is some definite profiling
going on here," she said. "In the searches that I looked at, it seemed
like the more Midwestern- and WASP-sounding the name was, the less
likely it was to have either any advertisement at all or to have
something that was more geared around the arrest or criminal
background."
Internet firms selling criminal records and personal
data to the public have proliferated in recent years, as low-cost
computing enables even modest operations to maintain large databases on
millions of Americans. Such sites sell access to users for a one-time
fee - $29.95 in the case of instantcheckmate.com - or via monthly
subscription plans.
Instant Checkmate, first registered in Nevada in 2010,
said in a recent press release posted online that the firm had attracted
more than 570,000 customers since its start and counted more than
200,000 subscribers.
According to alexa.com, an Amazon.Com Inc site
analyzing website traffic, instantcheckmate.com has ranged roughly
between the 500th and 600th most visited U.S. site in recent weeks,
making it an increasingly major player in this area.
The company is able to target its ads on an individual
name basis through a program called Google AdWords. Instantcheckmate.com
and others companies like it use Google AdWords to bid to place small
text advertisements alongside search results on major websites triggered
by the names in their data base. Such ads typically cost a company far
less than a dollar, sometimes just a few pennies, each time they're
clicked.
Google says it does not control what names appear in
AdWords. "Advertisers select all of their keywords, and ads are
triggered when someone searches for that name. We don't have any role in
the advertiser's selection of unique proper names," said a Google
spokesman.
Some in Congress have raised concerns about
developments in the use of personal data. In October, Senator John
Rockefeller IV, a Democrat from West Virginia and chairman of the Senate
Committee on Commerce, Science and Transportation, opened a probe into
leading data brokers. "Collecting, storing and selling information about
Americans raises all types of questions that require careful scrutiny,"
he said.