the law.
88 It is important to note that the CAN-SPAM Act does not create a private
right of action for consumers; instead the primary responsibility for enforcement of
the Act falls within the FTC’s jurisdiction.
89 A host of federal and state agencies,
along with internet service providers (ISPs) also possess the ability to enforce
provisions of the Act.
90
From the perspective of privacy rights advocates, the FTC has failed to adequately protect consumers’ privacy rights with respect to the collection of consumer
information and the use of Big Data.
91 Rather than draft rules to would govern how
corporations collect consumer data, the agency has chosen a less adversarial strategy
that seeks to raise awareness about the issues that companies should consider when
collecting data.
92 In stark contrast to the rights enjoyed by European consumers,
American consumers do not possess “a right to be forgotten.
93 Nor is there a single
federal notification law that mandates notification in case of a data breach.
94 While
U.S. officials and industry representatives maintain that America’s sector-specific
approach to data regulation is more nimble than Europe’s blanket protections of
privacy, some European legislators charge that the U.S. approach protects commerce
at the expense of consumers.
95 Rather than impose strong regulations with respect to
the collection of consumer data, the FTC has drafted Behavioral Advertising Principles.
96 These principles suggest that website operators that collect and/or
store consumer data for behavioral advertising should provide reasonable data
security.
97
2.3 Children’s Online Privacy Protection Act of 1998
(COPPA)
COPPA regulates the collection and use of information collected from children
under the age of 13 by internet websites and mobile apps. Congress has assigned
the principle enforcement responsibility to the FTC and has given the agency the
power to promulgate rules to guide the interpretation and enforcement of the Act. In
2000, the FTC first promulgated the Children’s Online Privacy Protection Rule. That
Rule detailed regulations governing the collection and use of personal information
88 Id.
89 Brennan (2016).
90 Brennan (2016).
91 Lazarus (2016).
92 Id.
93 Id.
94 Id.
95 Singer (2013).
96 See, infra, Sect. 1.5.
97 Jolly (2016), Sect. 7.
420
S. M. Boyne
88 It is important to note that the CAN-SPAM Act does not create a private
right of action for consumers; instead the primary responsibility for enforcement of
the Act falls within the FTC’s jurisdiction.
89 A host of federal and state agencies,
along with internet service providers (ISPs) also possess the ability to enforce
provisions of the Act.
90
From the perspective of privacy rights advocates, the FTC has failed to adequately protect consumers’ privacy rights with respect to the collection of consumer
information and the use of Big Data.
91 Rather than draft rules to would govern how
corporations collect consumer data, the agency has chosen a less adversarial strategy
that seeks to raise awareness about the issues that companies should consider when
collecting data.
92 In stark contrast to the rights enjoyed by European consumers,
American consumers do not possess “a right to be forgotten.
93 Nor is there a single
federal notification law that mandates notification in case of a data breach.
94 While
U.S. officials and industry representatives maintain that America’s sector-specific
approach to data regulation is more nimble than Europe’s blanket protections of
privacy, some European legislators charge that the U.S. approach protects commerce
at the expense of consumers.
95 Rather than impose strong regulations with respect to
the collection of consumer data, the FTC has drafted Behavioral Advertising Principles.
96 These principles suggest that website operators that collect and/or
store consumer data for behavioral advertising should provide reasonable data
security.
97
2.3 Children’s Online Privacy Protection Act of 1998
(COPPA)
COPPA regulates the collection and use of information collected from children
under the age of 13 by internet websites and mobile apps. Congress has assigned
the principle enforcement responsibility to the FTC and has given the agency the
power to promulgate rules to guide the interpretation and enforcement of the Act. In
2000, the FTC first promulgated the Children’s Online Privacy Protection Rule. That
Rule detailed regulations governing the collection and use of personal information
88 Id.
89 Brennan (2016).
90 Brennan (2016).
91 Lazarus (2016).
92 Id.
93 Id.
94 Id.
95 Singer (2013).
96 See, infra, Sect. 1.5.
97 Jolly (2016), Sect. 7.
420
S. M. Boyne