Congress urged to adopt privacy laws

Center for Democracy and Technology warns of future legal problems

Matt Chapman, vnunet.com 15 Mar 2007

A US pressure group has made a direct appeal to the US Congress to adopt new privacy laws to tackle spyware.

The Center for Democracy and Technology (CDT) claimed that a failure to adopt privacy laws will mean constant legal changes to keep up with spyware creators.

"We remain firmly committed to the idea that a long-term solution to spyware and other similar issues requires baseline privacy legislation," Ari Schwartz, deputy director of the CDT and coordinator of the Anti-Spyware Coalition, said during a consultation over the proposed HR 964 Spy Act.

"General privacy legislation would provide businesses with guidance as they deploy new technologies and business models that involve the collection of information.

"At the same time, a baseline law would give consumers some measure of confidence that their privacy is protected as companies roll out new ventures."

Schwartz also warned that, unless legal measures are set up correctly now, the same issues would be debated over and over again in the future.

"If we do not begin to address privacy issues more comprehensively, the same players will be back in front of this Committee in a few months to address the next emerging threat to online privacy," he told Congress.

"We hope that we can address these issues in a way that obviates the need to enact new legislation each time a new privacy threat arises."

Schwartz backed up his case using a report from the Consumer Privacy Legislative Forum in June 2006, which estimated that spyware cost US consumers $2.6bn last year and affected one in eight internet users.

He also hailed the good work since the CDT last testified on spyware before the Committee in January 2005.

The Federal Trade Commission has completed 11 spyware enforcement actions and brought 10 cases at state level during that time.

Over the past two years, the CDT has also used the Anti-Spyware Coalition to build a consensus about the best way to deal with spyware, and worked on resolving software conflicts between anti-spyware tools.

Schwartz said that the finalised "best practices" document, which was also released today, provides a critical tool to consumers and software developers by illustrating the process by which software can be identified as "unwanted".

"The best practices are the culmination of an incredible amount of effort and dedication on the part of the Anti-Spyware Coalition's diverse membership," Schwartz said.

"This document will serve as a vital tool for anti-spyware companies, consumers and software publishers worldwide."

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