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

  • Model Act for Digital Contents Warrants Draft

    Title- Digital Contents Warrants Section 1 – Search warrant for content of electronic communications (1) Definitions. As used in this section, unless the context otherwise requires: (a) “Contents”, when used with respect to any electronic communication means < {includes?}> any information concerning the substance, purport, or meaning of that communication.

  • Fantasy Sports Contests Act Draft

    Summary Rotisserie league and fantasy sports contests have been around for decades.  Now the internet allows millions of fans to compete in daily and season-long fantasy sports contests, often with entry fees and cash prizes.  Participation in daily fantasy sports contests now approaches 10 million Americans.  With the rise of this …

  • Resolution Calling on the Federal Government to Maximize Its Stimulus Support for Broadband Internet Adoption and Use Programs Final

    WHEREAS, among the approximately 95 percent of American households that have access to broadband Internet services, only about 75 percent of U.S. households subscribe[1] and WHEREAS, research shows that a “lack of interest” in broadband is one of the main reasons certain populations do not seek out broadband services[2]; and WHEREAS, research also …

  • Resolution Opposing Government Efforts to Impose a Set-Top Box Mandate and Undermine the Video Ecosystem Final

    WHEREAS, consumers are benefiting from an explosion of video content and ways to consume that content as never before; and, WHEREAS, the current video environment and ecosystem are often referred to as The Golden Age of Television; and, WHEREAS, Multichannel Video Programming Distributors (MVPDs) distribute content in a variety of …

  • 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 Final

    Section 1. {Title} This resolution may be cited as the Regulating Containers to Protect Businesses and Consumer’s Choice Resolution. Section 2. {Definitions}                                                                                                                                                                                (A) Defines “containers” as: reusable bags, disposable bags, boxes, cups, and bottles that are made of cloth, paper, plastic, extruded polystyrene, or similar materials, which are designed …

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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 …

Communications and Technology

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