When one thinks about security regulations on the internet, individuals often ask, "What can I do to keep myself safe." This instinct is of individual blame, and thus, seeking an individual solution is understandable, given that we live under Western Philosophy's idea of individualism. Nevertheless, the road toward effective security regulation is not one of individualist change but rather one of ecological change.
The Ecology of Privacy
One cannot think of privacy concerns as issues of individual action and responsibility. This perspective misses the reality that issues of privacy deal with multiple interconnected biological and non-biological actors. Take one neighborhood, for example. Let's say that House A and House B both have access to a mechanism that will protect them from any privacy concerns. Nevertheless, it is up to each house to sign up or accept the security, creating a system where not every house in the neighborhood is protected. This regulation is ineffective because it is akin to using an umbrella with holes during the rain; some water is bound to get through, and you will ultimately end up wet. It works similarly when private consumer data protection differs from state to state. Just like water, the internet doesn't stop at state lines.
Regulating Online Privacy like Water
Our drinking water is regulated under the Safe Drinking Water Act ("SDWA"). According to the Environmental Protection Agency ("EPA"), "under the SDWA, EPA sets standards for drinking water quality and oversees the states, localities, and water suppliers who implement those standards." Even though different actors might have different needs in various contexts, there is still a uniform set of federal standards for drinking water across the United States. In the water regulatory scheme, it is not up to each individual whether they receive lead-poisoned water; it's up to the government actors to do their jobs and set uniform standards across the country. Similarly, the onus of securing online privacy should not be on citizens but on government actors whose job is setting standards and regulations.
Imagining an Online Privacy Regulatory Commission
Like the EPA or the Nuclear Regulatory Commission, the Online Privacy Regulatory Commission would be an independent agency, thus insulated from presidential control. |