Update online privacy laws now
11/11/2009
Read CCIA's Blog Post for The Hill's Congress Blog
CCIA's Comments to FTC on consumer online privacy issues
Congress and the Federal Trade Commission are gathering information to
consider rules to protect consumer privacy on-line from potential
commercial abuse. Efforts at reform are missing the mark if they don’t
address the very real privacy concerns raised by government
surveillance and other law enforcement demands for bulk data collection
and access to information.
There is broad agreement that
Internet users need to know what information is being collected about
them and have privacy policy information delivered in ways they can
easily understand. Thus, businesses are focusing on crafting
pro-consumer practices that are transparent and provide consumers with
more meaningful choices. Internet sites know they are a click away from
a customer leaving if they don’t like the privacy policy. But privacy
becomes a more critical issue where there is little competition and few
choices, as we see with Internet Access Providers, or just one choice,
as with government agency services on-line.
Current privacy laws have created an inconsistent patchwork of
variations in protection that can be difficult for consumers and
businesses to understand. As technology has continued to rapidly
evolve, this leads to many unanswered questions about how the laws
apply to emerging technologies such as cloud computing and advancements
in mobile technology.
As regulators and legislators begin to
respond to these emerging issues, they should remember that consumers
want real protection for their personal data whether it is gathered and
stored by a hospital, a bank, a website, or the government and whether
it is stored electronically or in a paper file. The more power the
holder has to misuse the data, the greater the need for safeguards.
Base-line privacy rules will be a start and those protections should
apply to data gathered and used by both the public and private sectors.
As
tech companies continue to develop best practices for consumer
protection, their efforts can be undermined if the government tries to
deputize companies to gather information on consumers. It's tempting
to yield to requests to filter Internet traffic to prohibit specific
unsavory or criminal activities, such as inhibiting terrorism and child
pornography. But any general filtering of Internet traffic is prior
restraint, overly broad, and a violation of user privacy. The net
impact is an erosion of crucial protections that have been key to
innovation, free speech, and growth on the Internet.
Innovative
e-commerce services can advance economic growth, but the Internet's
essential freedom is in danger of dying a death by a thousand cuts if
we allow political demands to trump privacy protections.
U.S.
companies face even greater challenges when dealing with censors,
regulators and law enforcement abroad. The U.S. government needs to
lead the world in safeguarding civil liberties, but such leadership
will fall flat if our own surveillance is only minimally less
pervasive. A failure to act now will only weaken the hand of U.S.
companies operating abroad.