The move mirrors
"What's emerging is what some call 'the perfect privacy storm,' where laws and public relations disasters are intersecting at an accelerating pace and companies are looking for help," said Dave Steer of Truste, a nonprofit advocacy organization that issues a so-called privacy seal of approval for online businesses.
For PwC and several others, a privacy seal of approval is a part of their offerings.
"All the Big Five are moving in this direction pretty fast," said Larry Poneman, who heads the privacy practice at PwC. "Companies are asking for privacy audits, and all of the firms are saying it's not a difficult stretch."
The services are big business, too. PwC charges $15,000 for its privacy seal and up to millions of dollars for an audit, depending on the size of the business, Poneman said. Companies such as E-Loan, Mastercard and DoubleClick are PwC clients.
"Disclosure isn't the full monty; the full monty is ensuring the company is doing what they say they do. That's why an audit is valuable," Poneman said.
Many industry experts say that while many of the programs are well-intentioned, they lack teeth.
Truste, a first-mover in online privacy seals, has gotten a tarnished reputation in the industry for turning a blind eye on alleged violations. Last year, Truste sponsor and member RealNetworks was criticized for snooping on consumers through its RealJukebox software. But Truste didn't take action against the company because it said the matter was out of the area it governs, which was the Web site itself.
"The irony is that many of these seal programs are turning into the Internet version of the old-boy network," said Ira Rothken, an attorney specializing in Internet law. "If they're being paid by the organization that they're supposed to monitor, the questions framed to them may not be the questions that privacy advocates would ask."
"But the watchers cannot be paid by the people being watched; otherwise, they (have an economic incentive) to turn a blind eye," Nathan said.
Some question the integrity of a relationship between a company and a paid auditor as well. "Many times the hard questions aren't asked," Rothken said.
But the auditors beg to differ.
"We start out with the regulatory and legal components that affect that company in its industry; we look at industry standards and privacy codes; we look at their stated privacy practices; we look at their competitors; and we look at the highest bar on consumer expectations," said Brian Tretick, a principal with Ernst & Young.
"We don't just placate them and tell them how lovely they are," he said.
Many more industry groups are likely to create privacy regulations and seal programs, industry watchers say. In addition, consumers will increasingly buy from brands they already trust on the Web.
"It's a competitive differentiation," said Expedia spokeswoman Suzi Levine. "What's important to us is more than our words being good but that our product lives up to what we say."
Navigating the delicate waters of online privacy issues has become a daily challenge for Internet businesses because many are not in compliance with emerging regulations.
Expedia's announcement comes at a time when former parent company Microsoft faces criticism for its tracking practices across the MSN network of sites, including Expedia.
Such attention on these matters will most likely mean added business for the likes of PwC and its competitors.
"Amazon tried to do all the right things, to announce the realities of its practices, and they got a lot of negative attention. Something like this happens, it affects everyone else; it's a reactionary world right now," said Ernst & Young's Tretick.