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Chapter 13. PRIVACY AND THE LAW: 2001 > If We've Got All These Laws, Why Would ...

If We've Got All These Laws, Why Would We Need More? (The Regulatory Climate: 2001)

Here we are again at divided opinion. Some people think we have plenty of federal laws addressing digital privacy and security needs. Their stance is that what is needed is fair and efficient enforcement of the laws we already have. These are generally (but not always) people from the business community or people who believe that fewer regulations are better than more. Others think that additional laws are necessary. These are generally the privacy and consumer advocate community and people who believe that more regulations are better than fewer. As usual, both arguments have valid points.

The Information Technology Association of America, a trade association that addresses the needs of information technology companies like computer manufacturers, telecommunications companies, Internet service providers, and companies that provide professional services developed a list of challenges that privacy laws must address. This list is like a checklist of points to be considered in developing new laws. The challenges would need to be addressed no matter what jurisdiction (within the United States) the law is intended for. Mark Uncapher, ITAA's Vice President and General Counsel, intended the list of problems to provoke thoughtful consideration of a law's attributes. ITAA's interest is in making sure that information technology is well placed should a law be passed:


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