Privacy and Security
- 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.
Principles on Online Privacy Sunset Review
Principles on Online Privacy The American Legislative Exchange Council acknowledges that a market environment is essential for future success of the Internet. The proposed set of policies accounts for new technologies and tools that effectively empower consumers to protect their privacy. A consumer and private-sector-driven approach via self-regulation avoids …
Municipal Telecommunications Private Industry Safeguards Act Summary The Legislature recognizes the importance of the widespread provision of telecommunications and advanced services and cable television services. For the vast majority of citizens these services are provided by private entities. In certain instances municipalities or their agents have sought to provide …
The Breach of Personal Information Notification Act Sunset Review
The Breach of Personal Information Notification Act Summary This Act will help ensure that the personal information of residents of this state is protected by providing procedures for notification of security breaches related to personal information and thereby encouraging individuals and commercial entities, as defined in the bill, to …
A Resolution Opposing Government Intervention in the Multichannel Video Programming Distribution Marketplace Through A La Carte or Tiering Requirements Sunset Review
A Resolution Opposing Government Intervention in the Multichannel Video Programming Distribution Marketplace Through A La Carte or Tiering Requirements WHEREAS, it is the mission of the American Legislative Exchange Council to advance the Jeffersonian principles of free markets, limited government, federalism and individual liberty, and WHEREAS, ALEC …
An Act Relating to Unmanned Aircraft Systems – Establishing Statewide Standards, Protecting Privacy, and Ensuring Public Safety Final
Preamble A bill to provide for the operation and regulation of unmanned aircraft systems in this state; to provide for the powers and duties of state and local governmental officers and entities; and to prohibit misconduct related to the operation of unmanned aircraft systems, to promote accountability of operators, and …
Title – Digital Contents Warrants Section 1 – Search warrant for content of electronic communications Definitions. As used in this section, unless the context otherwise requires: “Contents”, when used with respect to any electronic communication includes any information concerning the substance, purport, or meaning of that communication. “Electronic Communication” means …