AFFIRMATIVE-SOLVENCY-GENERAL 17

FEDERAL REGULATORY BODY WOULD SOLVE

A FEDERAL PRIVACY OVERSIGHT AGENCY COULD BE USEFUL

Suzanne M. Thompson, "The Digital Explosion Comes With a Cost: The Loss of Privacy," Journal of Technology Law and Policy, Spring 1999, 4 J. Tech. L. & Pol'y 3, EE2001-JGM, P.85

Along with any of the options for enhancing privacy explored above, a federal oversight agency may be useful. To facilitate a better understanding of fair information practices the government could create a federal privacy entity to achieve and maintain the optimal balance between the benefits and harms associated with the unrestrained flow of personal data in the information age. n227 Such an entity would oversee public and private sector data use. It would also have the responsibility for informing, coordinating, or directing government data practices in accordance with applicable law. n228 The goal of a federal privacy agency would be to implement the Privacy Principles or other articulation of fair information practices at the national level. n229 The privacy entity could take any form, such as an independent federal regulatory agency, a federal agency without regulatory authority, or a non-government advisory entity. n230 Proposals for a public federal privacy agency have been articulated beginning with the HEW's recommendations for a federal privacy agency to regulate the use of all automated personal data systems. n231 However, to date, no such action has been taken.

A US INFORMATION PRIVACY COMMISSION IS GOOD FOR BUSINESSES AND CONSUMERS

Joel R. Reidenberg, Professor of Law and Director of Graduate Program Academic Affairs, Fordham University School of Law, " Restoring Americans' Privacy in Electronic Commerce," Berkeley Technology Law Journal, Spring, 1999, 14 Berkeley Tech. L.J. 771, EE2001-JGM, P. 771

If the United States hopes to effectively protect effectively citizen privacy in electronic commerce, an independent privacy commission offers a number of attractive benefits both for citizens and businesses. The application of general privacy principles in the dynamic and complex online environment will inevitably require interpretation of the standards. Since a citizen's perspective may undervalue the interests of industry and society at large to information flows, while a corporate perspective will undervalue citizen's privacy, an independent privacy commission can offer critical guidance. In particular, such a commission can be accorded the authority to grant safe harbor protections for company practices. n94 Like a no-action letter from the Securities and Exchange Commission, a company seeking guidance and assurance that its policies are appropriate should be able to request approval from the privacy commission. Such an approval would mean that the practice conforms to the legal obligations for the fair treat [*792] ment of personal information. This safe harbor approach was recently endorsed by the Federal Trade Commission. n95

THE US NEEDS AN INFORMATION PRIVACY COMMISSION

In any case, the promotion of privacy-friendly technologies and the implementation of fair information practices in particular contexts and especially in the electronic commerce context require constant vigilance. While counterintuitive for many in the United States, a U.S. Information Privacy Commission is urgently needed. Privacy policy requires a forum with a clear mandate for independent judgment to build consensus on solutions in particular contexts and to arbitrate disputes among stakeholders. In addition, U.S. business interests need an advocate in the face of international data flows. For years, the United States has remained on the sidelines of the annual meeting of data protection commissioners from around the world because the United States has no privacy commission.

REGULATION CAN STOP THE MARCH OF PRIVACY INVASION -- IT IS NOT INEVITABLE

Robert Scheer, the editor of USC's Online Journalism Review, The San Diego Union-Tribune, July 15, 1999, SECTION: OPINION Pg. B-13: TITLE: Turning our privacy over to commercial interests // acs-EE2001

What is in store for us is a world in which your gossipy neighbor, eager car salesman, frantic long-distance carrier, spurned boyfriend and that ever- aggressive army of credit card pushers will have access to the intimate details of your life as revealed in your history of purchases, bill payments and credit profiles.

There is no stopping the brave new wired world; electronic data transmission is obviously the dominant fact of modern economic life. But for just that reason, there is a glaring need for the adoption of privacy protections to block that technology at the point where it intrudes, unwanted, into your personal life.