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Opinion

IAPP Westin Research Center

In Standoff with FTC, Wyndham Shoots Itself in the Foot

The Federal Trade Commission’s (FTC) resounding victory over Wyndham Worldwide Corporation in a U.S. District Court paves the way for increasing privacy and data security action by the agency, which over the past decade has asserted itself as the most forceful and well-respected privacy enforcement authority in the world.

More from Omer Tene

Opinion

The Global Competition Between Privacy Models

Countries around the world are struggling to decide whether to adopt data protection law based on the proposed EU Data Protection Regulation or to use a U.S. approach to privacy protection. As I observed firsthand during a recent trip to Japan, the result is competition in global data protection policy making, with the European Commission on the one side and the U.S. government on the other side, both lobbying other countries to follow their respective models.

More from Christopher Kuner

The U.S.-EU Privacy Debate: Conventional Wisdom Is Wrong

Everybody knows the conventional wisdom: United States privacy law is weak and fractured, with neither comprehensive data protection legislation nor a dedicated privacy enforcement authority. The European Union is the gold standard of global privacy regulation, with its omnibus Data Protection Directive and collective force of 28 national data protection authorities. But, In fact, far from its caricature as a beat up railcar breathlessly panting behind the EU privacy locomotive, it is the U.S. that drives privacy policymaking worldwide.

More from Omer Tene

Opinion

Is A Criminal Statute Necessary To Supplement a Federal Breach Notification Law?

A few weeks ago, Jason Weinstein introduced Privacy Perspectives readers to Sen. Patrick Leahy’s (D-VT) Personal Data Privacy and Security Act of 2014, a bill that would enact a federal security breach notification law. While Weinstein’s position is well taken and should be considered as this bill moves through Congress, I believe that there is another issue that deserves considerable debate. In addition to creating the federal breach notification law, §102 of Leahy’s bill would open the door to criminal liability for anyone who “intentionally and willfully” conceals the fact of a security breach. Adding criminal liability is not to be taken lightly, and it would be wise for the information privacy and security community to think critically about whether the bill’s criminal statute would be a prudent addition.

More from Andrew Proia

Opinion

Will Transparency Calm Concerns Over National Security Access?

Following six months of sensational stories emanating from the Snowden-leaked files from the NSA, privacy professionals are taking stock. Recently, we have heard from the president on the subject of the needed balance between privacy and security, and needed reforms. And we have seen the report of the President’s Review Group on Intelligence and Communications Technologies and the report of the Privacy and Civil Liberties Oversight Board.

More from Christopher Wolf

Opinion

Do We Need A Constitutional Amendment Restricting Private-Sector Data Collection?

In an editorial in last Sunday’s New York Times (“Madison’s Privacy Blind Spot”), Jeffrey Rosen, a leading privacy scholar and the president and chief executive of the National Constitution Center, proposed “a constitutional amendment to prohibit unreasonable searches and seizures of our persons and electronic effects, whether by the government or by private corporations like Google and AT&T.”

More from Adam Thierer

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The Supreme Court Is Scared of Technology. This Is How Privacy Pros Can Help

By Jedidiah Bracy, CIPP/US, CIPP/E

This was a big week for emerging technology—particularly the Internet of Things (IoT)—as was showcased during the annual Consumer Electronics Show in Las Vegas, NV. Cisco’s CEO made headlines after saying the IoT has the potential to become a $19 trillion market and much of mainstream media reported on all the emerging technology: smart cars, wearable sensors and digestible computers—stuff we’ve been reporting on pretty regularly in the past year.

So it seemed fitting—and concerning—that the Associated Press reported on the wariness felt by Supreme Court justices on judges weighing in on technology and privacy issues. As Justice Elena Kagan said last summer, “The justices are not necessarily the most technologically sophisticated people.”  And the court may face it’s biggest challenge yet, if, as many suspect, it eventually weighs in on the NSA’s metadata collection programs. Justice Antonin Scalia told a group of technology experts last July that elected branches of government are better equipped to grapple with security requirements and privacy protections.

More from Jedidiah Bracy