“Why did California pass new privacy laws? The primary reason is the federal government is so paralyzed that it is roughly 10 years behind the times when it comes to the web. You only have to look at the recent shutdown to realize not much has been getting done at the federal level of government nor will it be moving forward.”
“To give Congress a bit of a pass, it should be noted privacy is a tricky subject when it comes to federal law. Why? Keep in mind there is still a serious debate as to whether a right to privacy exists at all under federal law.”
“There is no language regarding privacy rights in the United States Constitution. The Supreme Court, however, has ruled the right can be inferred from the Constitution pursuant to its decision in Roe v. Wade. Yes, that slightly controversial case.”
The Federal privacy conversation has been going on for a very long time and will continue until our legislators pay attention to the Internet of the 21st Century and the explosive growth of eCommerce and the vanishing economic borders between the states themselves.
Thanks to Richard A. Chapo – Internet Attorney for Online Businesses