Friday, January 28, 2011

Privacy Laws Are Obsolete? What Then?


In the Internet world, the year 2011 begins with a big bang! There is a heated debate over the Electronics Communications Privacy Act (ECPA) of 1986 and its provisions. Apparently, there is a need to balance the focus of law implementation on national security and individual privacy. Much has been said by several groups about it, being old and outdated. Critics propose a more updated version of privacy laws which would guarantee individual privacy. Twitter, together with other companies that collect personal data called for an immediate reform the law. This move was done to give emphasis on the company’s concern for enhanced privacy protection.

Twitter has expressed dismay over government’s action to insist on letting it submit its user data to authorities. This prompted the company to air its call for revision of privacy laws. It said the applicability of existing laws is very limited, giving rise to controversies and conflicts. It added further that the situation in 1986 is much different from what is here today.

On the US government side, some officials also gave the same stand on the issue. They said that reforms need to be made and implemented soon. Fine tuning of pertinent privacy protection legislations should be a priority. It had to be made sure that the revamp is complete and thorough. The details of the proposed changes have not been laid yet. But even so, there is no doubt that appropriate action has to be made immediately. As a whole, all actions should be focused at solving whatever problems are there in order to maintain privacy of individuals.

There is one argument that points to the inadequacy of the present privacy laws. With the present setup, it would be easier to access the email accounts from server database than to access similar files stacked in the cabinet. Concerned companies expect of stricter laws that would put forward the confidentiality of such data.

The issue seems so urgent that AT&T, Microsoft and Google have set aside competition to make way for the revision call. Normally, these giants would always find means to outdo one another, but not at this time. By this, the government should accept the challenge and do whatever it could for good.

The objective is to strike a balance between national security and individual privacy. The government cannot choose between the two. Both are its responsibilities, neither should be set aside. Giving too much weight on national security would deprive citizens their privacy rights. This leads us to the conclusion that unless privacy laws need to be repealed. This is the best way to meet both objectives for the best interest of all.

Image courtesy of: http://www.freedigitalphotos.net/images/agree-terms.php?pid=25259&photogname=jscreationzs&photogid=1152

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