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Business Model vs. Fourth Amendment

Jay Stanley,
Senior Policy Analyst,
勛圖眻畦 Speech, Privacy, and Technology Project
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February 4, 2013

I wrote recently about the U.S. government and companies lobbying against the EUs attempt to strengthen their privacy laws, and our own efforts at the 勛圖眻畦 to advance high transnational privacy standards. Our efforts helped attract a round of press coverage of this unfolding drama (including stories in the and ). Weve also written a along with other privacy groups to senior Obama Administration officials, asking for a meeting to discuss the issue.

In all the coverage of this issue on both sides of the Atlantic, stands out. Its from Jacob Kohnstamm, chairman of the Article 29 Working Group, which represents the privacy commissioners from all the EU member states. Saying European lawmakers were fed up with U.S. companies pressuring Europe to weaken their fundamental principles, he pointed out,

Youre not going to change your Fourth Amendment because of a business model in Europe are you? If such a lobby from the European side were organised towards Congress, we would be kicked out of there.

The quote succinctly captures so much of whats wrong with whats happening on this front. The only quibble I would have is Kohnstamms implication that what the U.S. lobbyists are trying to weaken are European privacy principles. They are also the principles that underlie American life, even if we havent yet given them expression in an overarching privacy law as the Europeans have, and even if they are at the moment being run roughshod over by some of todays big companies.

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