BriefsSubject: US Congress expected to enact Online Privacy Law From Infoworld.com (11/30/00); Marsan, Duffy via ACM The outcome of the presidential election will not interfere with Congress's intention to introduce privacy legislation next session, privacy advocates say. FTC Chairman Robert Pitofsky says that privacy protections are needed to help the Internet reach its full potential because the free market and self-regulation have failed to get the job done. Jerry Berman, executive director for the Center for Democracy and Technology, says that privacy legislation is a priority in Congress and enjoys bipartisan support in both houses. Former FTC Commissioner Christine Varney agrees. "We have a two-year Congress that is very committed to getting itself re-elected," Varney says. "Privacy legislation will happen." Analysts predict that any federal privacy legislation that is passed will not include a clause to preempt state laws and will not give Web site operators immunity from class action lawsuits. Privacy advocates must be willing to settle for a moderate privacy law, as Congress may not pass a perfect one, Berman says. IBM's new chief privacy officer, Harriet Pearson, says that businesses must be careful about consumer privacy even if Congress fails to pass a privacy law. "This is not a choice between regulation and self-regulation," says Pearson. "This is about business being responsible and doing the right thing." see Inforworld See also "U.S. Expected to bring privacy law" National Post Online (11/21/00); Akin, David The federal government is expected to introduce online privacy legislation next year because the Internet industry has failed in its attempts at self regulation, according to privacy experts who recently attended a privacy conference in Montebello, Quebec. Canada and countries in Europe have already taken a legislative approach to online privacy, but thus far U.S. lawmakers have been hesitant to take a similar stand on the issue. That appears likely to change. "We need some tools to get at those places that self-regulation isn't going to reach," said FTC Commissioner Mozelle Thompson. "We are very supportive of self-regulation models and any legislative model would allow those proposals to stand," Thompson said. Any federal privacy legislation should incorporate the four elements of notice, choice, access, and security, the FTC has said. If Congress introduces a privacy bill, it is expected to incorporate language from several existing privacy bills and would be broad in scope, much like Canada's Bill C-6, which goes into effect with the start of the new year. Full story at National Post |
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