It has been widely reported that the Obama administration will soon announce a proposal designed to strengthen consumer privacy on the Internet. The plan, calling for new laws and a new “watchdog” position to oversee the effort, is expected to be part of an upcoming Commerce Department report.
The concern about online privacy is well founded. Few consumers realize the extent to which their information is collected, bundled and sold to Internet marketers. Most websites employ tracking technologies that gather consumers’ search and spending habits to create detailed dossiers that are then sold to Internet marketers. And there is no comprehensive U.S. law that protects consumer privacy online.
But we question whether a new law is needed. As the nation’s consumer protection agency, the Federal Trade Commission has been successfully prosecuting companies accused of violating consumer privacy both on and off the Internet for many years. The FTC’s mandate against deceptive and unfair practices is broad enough to encompass any conceivable privacy violation.
Moreover, the Obama proposal faces opposition from both privacy advocates, who claim that the plan doesn’t go far enough, and from the Republican-controlled House of Representatives, which is unlikely to support legislation that could strengthen the FTC.
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