Daniel Solove writes:
These days, there seems to be a lot of energy around a federal comprehensive privacy law in the United States. When the US Congress started passing privacy laws in the 1970s, 80s, and 90s, it eschewed the route of passing a comprehensive privacy law, opting instead for the sectoral approach — passing a series of narrow industry-specific laws. Then, in the late 1990s and early 2000s, there was a brief debate in the US about passing a comprehensive privacy law, when a few companies suggested it. But most companies shot down the idea. They liked the sectoral approach. They were okay with being regulated by a patchwork of various federal and state privacy laws.
But of course, that was then, and this is now, and everyone will just pull together to help Congress pass a good comprehensive law that doesn’t pre-empt stronger state laws, right?
Of course not. Have you learned nothing about the current Congress?
Dan and I do not agree on everything, of course, but we do share some pessimism about this Congress’s likelihood of passing a good comprehensive privacy law.
So Dan proposes an alternative approach that is pragmatic and workable, although clearly not ideal. Read his article to find out what he thinks might be effective.