Note from the Editor:
Scott Charney failed to mention that many of his arguments, which would result in weakening privacy protections, have already been addressed and do not enjoy widespread support. While he indicates that his suggestions will “enhance” data protection for consumers, the opposite will most likely occur. They reflect a paternalistic approach to data protection that, if implemented, will weaken rather than strengthen privacy in the 21st century. The notion that privacy can only pose a negative challenge to new technological trends reflects a dated, zero-sum perspective that has been proven wrong on countless occasions.