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 to Oppose Imposing Intermediary Liability on the Internet under State Laws Sunset Review

    WHEREAS, the State of [insert state name here] believes in the principles of free markets and limited government, and WHEREAS, those principles have allowed the Internet to flourish, transforming all aspects of our economy, society and politics, and WHEREAS, federalism in the digital era means that, while states have a …

  • Facilitating Business Rapid Response to State Declared Disaster Act Sunset Review

    Facilitating Business Rapid Response to State Declared Disaster Act Summary An Act to amend the public services law, state law and tax law, in relation to thresholds for establishing presence, residency or doing business in the state for out-of-state employees and businesses including affiliates of in-state businesses that temporarily provide resources …

  • Advanced Voice Services Availability Act of 2007 Sunset Review

    Advanced Voice Services Availability Act of 2007 Summary The purpose of this legislation is to promote the availability of competitive advanced voice services, such as Voice over Internet Protocol (VoIP) services, to all consumers and businesses in [state] by establishing a common-sense regulatory framework that promotes choice and competition.

  • Statement of Principles on Online Free Speech Draft

    The private sector should continue to lead the way. Private companies have built the online platforms that empower individuals to express themselves. Gone are the days when three broadcast networks both controlled access to news and shaped public opinion. Technology has given every American the opportunity to express their own …

  • A Resolution on Network Neutrality Sunset Review

    A Resolution on Network Neutrality WHEREAS, it is the mission of the American Legislative Exchange Council (ALEC) to advance the Jeffersonian principles of free markets, limited government, federalism and individual liberty, and WHEREAS, ALEC recognizes the unprecedented advances a free and open Internet has fostered across all aspects of …

  • Computer Protection Act Final

    Computer Protection Act Summary Prohibits a person from using specified protected computers to relay or retransmit commercial electronic mail messages with the intent to deceive or mislead recipients or an electronic mail service provider under specified circumstances; prohibits a person from materially falsifying header information in commercial electronic mail …

+ 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 …

Communications and Technology

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