Key Points
  • ECPA standards must be clarified, providing stronger privacy protections for communications and associated data in response to changes in technology and new services and usage patterns, while preserving the legal tools necessary for government agencies to enforce the laws, respond to emergency circumstances and protect the public.
  • Federal privacy law must be reconciled with requests by fiduciaries and executors for access to digital assets of deceased person, resolving serious conflict of law and preemption questions for the states and privacy questions for users of online services. Policy must balance the interests of estate administrators, with the privacy of users with whom and about whom they have communicated.
  • State Departments of Education should make publicly available an inventory and index of all data elements with definitions of individual student data fields currently in the statewide longitudinal data system, create a data security plan, and ensure compliance with federal and state data privacy laws and policies.
  • Effective cybersecurity measures will build upon public-private partnerships, existing initiatives, and resources, emphasize risk management, focus directly on threats and bad actors and be capable of responding and rapidly adapting to new technologies, consumer preferences, business models, and emerging threats.

A market environment is essential for future success of the Internet. A consumer and private-sector-driven approach to privacy via self-regulation avoids undue regulatory burden that would threaten a thriving electronic marketplace.

The Internet has flourished due in large part to the unregulated environment in which it has developed and grown. Self-regulation, industry-driven standards, individual empowerment and a market environment generally promise greater future success than intrusive governmental regulation.  In order to secure the economic growth and vitality of the electronic marketplace, the private sector must continue to lead through self-regulation. Innovation, expanded services, broader participation, and lower prices will arise in a market-driven arena, not in an environment burdened by over-regulation.

The market has responded favorably and swiftly to consumer concerns regarding the collection and use of personal information.  Innovators have crafted tools that let users block cookies, advertising, the tracking of Internet surfing behavior, and third party sharing of information. The market is responding to consumer concerns, without burdensome government regulation. The most effective privacy policies provide notice, choice, security, and access. Online sites and services should be encouraged to offer more options along these lines and individuals should be free to select the policy that best fits their needs and take responsibility for their online activities.

Effective cybersecurity is essential for the proper function of government and continued growth of the economy in cyberspace.  However, cyber challenges could pose an existential threat to the U.S. economy, our national security apparatus and public health and safety.

Cyberspace’s owners include all who use it: consumers, businesses, governments, and infrastructure owners and operators. Cybersecurity measures must help these stakeholders to be aware of the risks to their assets, property, reputations, operations, and sometimes businesses, and better understand their important role in helping to address these risks. Industry should lead the way in sharing information with the appropriate government entities following an attack and collaborating with others in the private sector to share best practices.

Partnerships between government and industry have provided leadership, resources, innovation, and stewardship in every aspect of cybersecurity since the origin of the Internet. Cybersecurity efforts are most effective when leveraging and building upon these existing initiatives, investments, and partnerships.

Publications

  • 2013-03-20 Abuse-and-Misuse-of-Personal-Info-Final cover

    Abuse and Misuse of Personal Information

    Executive Summary: Advances in technology provide a number of useful products and services that can either enhance or threaten personal privacy, …
+ All Privacy and Security Publications

Model Policies

  • Resolution Regarding Traffic Pumping Final

    WHEREAS, Traffic Pumping (Access Stimulation) is defined as the artificial stimulation of switched access traffic as a result of revenue sharing or “kick-back” arrangements partnering with third parties such as free calling service companies offering “free” conference calls, adult and pornographic chat, and international calling; WHEREAS, these LECs collect switched access …

  • Regulating Containers to Protect Business and Consumer Choice

    Summary The municipal level of government often is the best place to address matters of importance to local residents. In order to protect economic choices for consumers and merchants; local budgets being strained already, the cost of regulation, inspection, and enforcement should not be borne by local families, merchants, and …

  • Resolution Opposing State and Local Mandates Requiring Warning Labels on Wireless Devices and Packaging

    Summary For the purpose of opposing state and local legislation and regulations that would require either health-related warning labeling, including but not limited to specific absorption rate levels, on wireless devices and packaging, or mandate disclosure of any health-related information about wireless devices at the point-of-sale. Model Resolution WHEREAS the …

  • Wireless Communications Tower Siting Act

    Model Policy BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF _____ Legislative Intent: These laws are enacted for the purpose of: ensuring (1) the safe and efficient integration of facilities necessary for the provision of broadband and other advanced wireless communications services throughout the community and (2) …

  • A Resolution Supporting the Development of an Updated National Spectrum Policy That Expands Unlicensed Access to Spectrum in the 5GHZ Band to Meet Increased Demand for Wireless Broadband Technologies

    A Resolution Supporting the Development of an Updated National Spectrum Policy That Expands Unlicensed Access to Spectrum in the 5GHZ Band to Meet Increased Demand for Wireless Broadband Technologies WHEREAS, the rapid deployment of Wi-Fi offers significant benefits to the public; and WHEREAS, every day we see remarkable …

  • Local Investment Made Easy (LIME) Act

    Local Investment Made Easy (LIME) Act Summary Investment crowdfunding—raising money through small contributions from a large number of investors—provides start-ups and smaller enterprises with access to the capital they need to start new business ventures. It also provides the public with the opportunity to invest in ideas, …

+ All Privacy and Security Model Policies

Task Forces

Commerce, Insurance and Economic Development

Members of the Commerce, Insurance and Economic Development Task Force believe that economic freedom is the cornerstone of prosperity. The …

Health and Human Services

There is no sector of our economy where the hand of government is more evident than in health care. Half …

Education and Workforce Development

The mission of the ALEC Education and Workforce Development Task Force is to promote excellence in the nation’s educational system, …

Communications and Technology

With nearly 200 members representing all parts of the country and every segment of industry, the Communications and Technology Task …