CISPA is back again. (Yes, again.)

Last evening we learned that Rep. Dutch Ruppersburger (D-MD) plans to again reintroduce the controversial Cyber Intelligence Sharing and Protection Act (CISPA) at the start of the 114th Congress.  Although it's impractical to speculate on the contents of the latest proposal without seeing its legislative language, if CISPA '15 simply is a mirror-image resubmission of last year's version (as I suspect it is) my previous comments about its shortcomings and controversies still remain relevant: Read more » about CISPA is back again. (Yes, again.)

“Tool Without A Handle”: Privacy and Regulation – An Expanded Rationale

In the previous blog, I noted that the logical next step in understanding “privacy as fairness” was to examine if it is possible to identify principles that would effectively guide regulation based on "privacy as fairness." In this blog post, I observe that debate about regulations based on "privacy as fairness" should be oriented by three considerations: 1) regulations should be linked back to legitimate concerns about human emotional and physical well-being, not just abstract concepts such as "autonomy"; 2) regulations should enjoy a broad consensus as to both the harm to be addressed and the effectiveness of the proposed rule, and 3) “privacy as fairness” should not be confused with the protection of privacy as “solitude.” In this light, I note favorably regulations that are demonstrably necessary to ensure access to economic opportunity, while suggesting caution when considering official legal intervention aimed at balancing power among economic actors. Read more » about “Tool Without A Handle”: Privacy and Regulation – An Expanded Rationale


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