tag:blogger.com,1999:blog-6974997875021040765.post7422585118835703581..comments2024-03-12T12:04:59.304+01:00Comments on Peter Fleischer: Privacy...?: We Need a Better, Simpler Narrative of US Privacy LawsAnonymoushttp://www.blogger.com/profile/09908660263905877338noreply@blogger.comBlogger8125tag:blogger.com,1999:blog-6974997875021040765.post-77982266857014093802013-04-01T18:42:07.215+01:002013-04-01T18:42:07.215+01:00Dear Peter,
What a cool article; in 1999 Royal Ban...Dear Peter,<br />What a cool article; in 1999 Royal Bank of Canada did a study monetizing privacy and finding it might be a competitive differentiator. <br />Your piece says America's lame privacy laws may now be working against us...<br />We have disjoint, fractured and simply weak privacy in the US because it is profitable to keep things this way. <br />In the 1997-99 time, when the 'opt-in/opt-out' debate about online privacy was at its height, we in the opt-in school of thinking lost. The 'rule' in America today on data and privacy seems largely to be that if you can't find 1) a law governing it, or 2) a contract covering it, then you can freely copy and monetize that data and privacy is irrelevant.<br />So, how can we improve the US Privacy Narrative? <br />Perhaps by changing our laws and enacting some coherent and broad protections for the commercialization of sensitive personal information.<br />If company X holds my DNA, HIPPA says I have rights and they have duties.<br />But if Axciom holds my entire rent and mortgage payment history but never uses it for credit (thereby escaping being tagged as a 'credit bureau' under law), you have ZERO rights to that data.<br />As a father, tech lawyer and early internet CPO, I personally know that there is gold in them there human behavioral hills....<br />I just don't like or want my life and that of my daughter's treated as raw material for someone's business with no respect for her or me as individuals or for our society.<br />And thanks for your great blog; wish I'd found it sooner.<br />Jamie PowersJamie Powershttp://www.data-rights.comnoreply@blogger.comtag:blogger.com,1999:blog-6974997875021040765.post-31703204255136113002013-04-01T16:33:35.180+01:002013-04-01T16:33:35.180+01:00don't you think the EU has done its own extens...don't you think the EU has done its own extensive analysis of US privacy laws (or lack thereof)? this is not just some anti-US marketing tactic, and it's not just a matter of the EU saying we're "inadequate" - it's because we ARE inadequate when compared against the protections afforded EU citizens. we're supposed to trust that marketing companies can self-regulate and come up with industry "rules", yet time and time again they nonchalantly, and without remorse, continue to sell, use, process, lose our personal data. but then they say that enacting a more comprehensive law would "stifle innovation" - maybe the innovation needs to be stifled so that we can deal with the privacy issues that continue to plague every technological break through. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6974997875021040765.post-33103115469273386102013-03-31T15:14:07.743+01:002013-03-31T15:14:07.743+01:00I am a US citizen, long-time Internet user, and mo...I am a US citizen, long-time Internet user, and moderately sophisticated about privacy online. <br /><br />Realistically, how do I effectively protect my privacy online? How do I know that I have done so? How do I thoughtfully and objectively protect myself against future risks, as I can attempt to do in other spheres of life through methods such as insurance? How do I thoughtfully and effectively protect individuals who the law understands as not fully responsible, such as people who are younger than 18? How do I even *know* what is being done with data about me, much less exercise any control over that? <br /><br />If you can't answer questions like this in a way that a reasonable human being outside the technology industry can understand and act upon, then your problem goes well beyond branding. <br /><br />Bill Camardanoreply@blogger.comtag:blogger.com,1999:blog-6974997875021040765.post-57630097188496315072013-03-21T17:10:47.008+01:002013-03-21T17:10:47.008+01:00Europe has a structured model, not a simple model....Europe has a structured model, not a simple model. If you observe in detail the new regulation proposed by the EU commission, you'll notice that it's incredibly complex in practice to implement. <br /><br />What US really lacks however is one big structured text that details privacy rules (or at least data privacy rules, which differ than privacy). <br /><br />T. Devergranne <br />http://www.donneespersonnelles.fr<br /><br />Anonymoushttps://www.blogger.com/profile/11465438539999549278noreply@blogger.comtag:blogger.com,1999:blog-6974997875021040765.post-16682624184531127752013-03-18T18:07:41.249+01:002013-03-18T18:07:41.249+01:00Congress could create a basic privacy law, but it ...Congress could create a basic privacy law, but it would be a floor for the states (one of the characteristics of our form of democracy), so we would still have a patchwork of state laws to address.Dochttps://www.blogger.com/profile/02834273813625658601noreply@blogger.comtag:blogger.com,1999:blog-6974997875021040765.post-37915344584271161522013-03-18T17:12:19.417+01:002013-03-18T17:12:19.417+01:00US citizens have no legal safeguards against the m...US citizens have no legal safeguards against the myriad of commercial data collection and profiling techniques employed by Google, Facebook and many others. There has been a tremendous increase in how our data is collected and used--including merging offline and online information; tracking across all platforms (web, mobile); selling cookie-based behavioural profiles of users to marketers in milliseconds (Doubleclick Ad exchange and others). The story in the US is a policy process dominated by the online ad lobby. Citizens around the world need the EU to enact a privacy law which places human rights ahead of data monetization interests.Jeff Chesterhttp://www.democraticmedia.orgnoreply@blogger.comtag:blogger.com,1999:blog-6974997875021040765.post-1070570420564176342013-03-14T15:45:42.339+01:002013-03-14T15:45:42.339+01:00"How on earth do you explain US privacy laws ..."How on earth do you explain US privacy laws to an international audience?"<br /><br />I don't think they need explaining, the speaker is right that we have no "effective" privacy laws (the key word, "effective") because of government deference to corporations and law enforcement. The "dense patchwork" is a hodge podge of outdated, analog era statutes which in many if not most cases have been rendered meaningless by technological advances. (E.g., the 1986 ECPA or the third-party doctrine enshrined by SCOTUS in the '70s.)<br /><br />IMO it's completely false to say the difference is in how the laws are "marketed." The differences are substantive and the fellow commenting on US laws IMO gave a more or less accurate assessment.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-6974997875021040765.post-29789940545314380222013-03-13T23:28:46.924+01:002013-03-13T23:28:46.924+01:00Dear Peter :
All trade agreements have to respect...Dear Peter :<br /><br />All trade agreements have to respect each country's relevant internal law and not circumvent or undermine it.<br /><br />US lacks horizontal privacy legislation +thus enforceable general privacy rules. this is a major handicap and the simple explanation why other countries follow the EU model instead. It brings legal certainty to companies and individuals can effectively exercise their rights.<br /><br />So indeed: it is simple. It makes sense. It is good for business. And it's good for people.<br /><br />But not all hope is lost : Apparently there seems to be bipartisan support for passing horizontal privacy legislation in the US. At last!<br />Anonymousnoreply@blogger.com