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The EU Starts Looking At Tough Online Privacy Protections
U.S. Government, Ad/Software/Content/Telecom Industries Immediately Whine
by Karl Bode Thursday 26-Jan-2012 tags: legal · business · privacy · world · consumers
Here in the United States the press and politicians pay a lot of lip service to caring about privacy, but given that the modern zeitgeist is that all-regulation-is-evil-no-matter-what -- lawmakers on both sides of the aisle have refused to actually implement privacy protections for the modern age. The result has been an avalanche of new barrier-pushing tracking technology with absolutely no consumer protection lines drawn. The result? AT&T works for the NSA, ISPs lie about the sale of clickstream data, supercookies are undeletable, and both your location and interests are tracked constantly -- down to the second -- without you really having much of a say about it.

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EULAs only cryptically inform users of what's tracked and sold, and opt-out mechanisms may or may not work -- if they even exist. Good consumer protection laws would at least give some power back to consumers in terms of what data is collected, how long, and who it gets sold to. Instead, we've seen a total government logjam on this front punctuated by hollow lip service, courtesy of the lobbying muscle of the telecom, advertising/marketing, and content industries.

Interestingly in the UK the government has managed to stand up to this lobbying onslaught and is now considering new privacy protection rules that would give some power back to the consumer. According to a European Commission statement, a new overhaul to 1995 privacy rules would give consumers a slew of additional rights, including the "right to be forgotten" (having your collected data deleted) and making data collection opt in.

As you might expect, editorials galore sponsored by the content, software and marketing industries (some clearly disclosed, some not) are popping up Internet wide arguing that any privacy rules that actually work would "chill innovation and digital progress." The United States government (of the people?) meanwhile is threatening Europe on industry's behalf, arguing that protecting the privacy of consumers might actually cost some money.

There's no doubt the initial EU proposal has problems when it comes to nailing down moving targets, holes will be punched through the rules at the behest of intelligence organizations, and the very idea you can fully delete online activity is likely naieve. Getting privacy protection modernized in the age of deep packet inspection certainly won't be easy.

While the industries impacted are arguing that they'd like to "have serious conversations" on the "right" kinds of rules, these claims have proven repeatedly disingenuous. The "conversation" so far has consisted of lobbyists battling tirelessly to derail any real privacy law creation. All of the industries impacted have made it abundantly clear they do not want real protections of any kind hampering the billions to be made from new ad technologies -- particularly if the rules are of the opt in variety.

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Kearnstd
Elf Wizard
Premium
join:2002-01-22
Mullica Hill, NJ

Why the US is lax on privacy..

I think the title of a well known rap song pretty much covers why we will never have strict privacy laws in the US... "Its all about the Benjamins"
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PapaMidnight

join:2009-01-13
Baltimore, MD

Re: Why the US is lax on privacy..

»www.youtube.com/watch?v=jkwoQO_hDbk

Romney2012
Defeat Obama 2012-Chg we can believe in
Premium
join:2002-03-03
USA
kudos:4
It is lax because the US Constitution neglected to enumerate a Right to Privacy. It is merely implied and is based on specific cases decided by Supreme Court and is not generally provided for by Constitution or by law.

»www.law.cornell.edu/wex/right_to_privacy

DEFINITION FROM NOLO’S PLAIN-ENGLISH LAW DICTIONARY

1) The right not to have one's personal matters disclosed or publicized; the right to be left alone. 2) The right against undue government intrusion into fundamental personal issues and decisions. Although the U.S. Constitution does not explicitly state that there is a right to privacy, Supreme Court decisions have found an implicit constitutional right to privacy in striking down laws that criminalize sodomy, the use of contraceptives, and abortion.


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The nine most terrifying words in the English language are, I'm from the government and I'm here to help.
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IowaCowboy
Premium
join:2010-10-16
Indian Orchard, MA
Reviews:
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At least we have HIPAA

At least our medical records/issues have to be kept private. One of the clinics I go to has signs all over the place reminding staff about HIPAA rules. One of them says "Keep Patients OUT Of Your Social Network". I also know an IT administrator that works in a hospital and the HIPAA rules are very strict and the fines are steep. Something as simple as a nurse leaving a computer unattended with confidential patient information on the screen can cost the facility $15,000 in fines. One hospital I've been to has sensors on the computers that lock the workstation when the user steps away.

I just wish we had the same protection of our consumer information.
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jjeffeory

join:2002-12-04
USA

Re: At least we have HIPAA

HIPPA only works for us regular people. Governments can get access to that information without any problem.

IowaCowboy
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Indian Orchard, MA
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Re: At least we have HIPAA

said by jjeffeory:

HIPPA only works for us regular people. Governments can get access to that information without any problem.

Especially when they bill government programs such as Medicare (which is the primary insurance for most people over 65 and certain people with disabilities or anyone of any age with end stage renal failure). My grandma would not be alive today if it was not for the Medicare program.
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n2jtx

join:2001-01-13
Glen Head, NY
Reviews:
·Optimum Online
said by jjeffeory:

HIPPA only works for us regular people. Governments can get access to that information without any problem.

Not to mention insurance companies too. However, that comes under the clause that whoever is paying the bill gets to see the records. If you want complete and total medical record privacy, pay your medical bills in cash and do not involve the government or an insurance company in any payments.
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I support the right to keep and arm bears.

Nsane_iceman
Premium
join:2001-02-26
North Richland Hills, TX
Very very true. This coming from a desktop support guy at a pediatric hospital.

If it can't do AES-512 and be FIPS 140-2, it doesn't join the network and access EMR/EHR.
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mlcarson

join:2001-09-20
Las Cruces, NM

Re: At least we have HIPAA

I'm all for the Internet privacy laws but the HIPAA rules are ridiculous. The whole thing passed because of the AIDS epidemic and the stigma attached to it.

KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK

Go EU!

... lead us out of the wilderness.

Spike
Premium
join:2008-05-16
Toronto, ON

Re: Go EU!

We'll see if they will this summer if they ratify ACTA or not.

Van
Premium
join:2009-07-08
New Orleans, LA

Companies spend millions for a reason

and the people will never, ever win when they don't have that same backing

Ever

ctceo
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South Bend, IN
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Disagree

"but given that the modern zeitgeist is that all-regulation-is-evil-no-matter-what"

I disagree with this statement. The problem is there is already so much regulation in place that it's making things so inefficient that it's detrimental to everyone. The only things left to regulate are the things you shouldn't have to regulate. It's bad enough we're already slaves to the 1%. It's kinda like when a child forces you into making only distasteful choices after having screwed up from inexperience. But in many ways the emergence of society is very similar to a growing child and right now your hearing it cry and throw a tantrum.
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