Dylan Gilbert

As is often the case in other areas of public concern, regulatory volatility coupled with the glacial pace of legal development has created obstacles for libraries seeking to fulfill their missions. Two key challenges for libraries are (1) their ability to access (and provide access to) quality, affordable broadband, and (2) their ability to expand the traditional library practice of owning and lending out physical works into the digital world. Policymakers must pursue sensible broadband and copyright policies to help libraries further their service to the public interest.

The week of Feb 25 featured back-to-back privacy hearings on Capitol Hill to discuss principles for federal privacy legislation. Industry players that have fiercely lobbied against federal privacy legislation in years past are now suddenly calling on Congress to pass a comprehensive privacy bill. Here’s a quick look at what happened in each hearing and a few key takeaways. 

More details have emerged from the Vice investigation into carriers selling their customers’ real-time location data, including assisted GPS (“A-GPS”) data intended only for emergency services. The reports are shocking and illustrate both a brazen disregard for consumer privacy on the part of the companies involved and the disturbing, unregulated behavior of the data brokerage industry.

The paper argues that the current first-to-market approach to connected technologies -- including Internet of Things devices -- has undermined public trust in these technologies and the internet, jeopardizing both our economy and democracy. To combat this, the paper proposes the creation of a “Security Shield” label to inform purchasers that a product has followed recognized best cybersecurity practices and should be more secure than similar products without such a label.

Although consent orders sound good in theory, recent revelations about Facebook’s behavior have left consumers doubting that they work in practice. While consent orders remain an important tool in the Federal Trade Commission’s enforcement toolkit, the Commission lacks the resources to properly administer them. Further, even if consent orders were fully and consistently enforced, the FTC’s ex post facto enforcement can only address consumer privacy violations after they have occurred.