Law in the Internet Society

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PatricioMartinezLlompartSecondEssay 4 - 12 Feb 2017 - Main.EbenMoglen
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Privacy Federalism

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 Despite the observable limits of current attempts at state and local privacy lawmaking, in the near future, further legislative or legal innovations to protect our digital privacy are likely to stem from this subnational scene. Local public officials across the partisan spectrum have demonstrated their willingness to talk privacy and grapple with the implications of its erosion in the digital era. It’s on us to mobilize and advocate for better. A potential first step: Demanding legislation that bans the sale and requires the deletion of metrics collected through smart city infrastructure. We may not be able to opt out from our city’s surveillance apparatus, but we are still free to opt into our political process and demand action.
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It would have been useful to provide examples of the state-level legislation (in the area of biometrics, for example) so that the reader could understand both what might be undertaken, at what conceptual levels, and what the likelihood is of preemption, in the interest of what will genuinely be a growing burden on interstate commerce. Taxation will be a reasonably good guide to go by, in this area, won't it? Or why?

 
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Revision 4r4 - 12 Feb 2017 - 20:15:53 - EbenMoglen
Revision 3r3 - 13 Jan 2017 - 15:08:44 - PatricioMartinezLlompart
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