NEGATIVE COUNTERPLAN STATES/FEDERALISM 29
THE FEDERAL GOVERNMENT IS THE WRONG AGENT TO PROTECT PRIVACY
THE FEDERAL GOVERNMENT SHOULD AVOID INTERVENING IN BEHALF OF INDIVIDUAL PRIVACY RIGHTS BECAUSE IT WILL ONLY ENTRENCH BUREAUCRATIC RED TAPE AND CONSTITUTIONAL VIOLATIONS
Deron H. Brown, J.D. Candidate, Thomas Jefferson School of Law, Spring, 2000; Thomas Jefferson Law Review, "BOOK REVIEW: PRIVACY IN THE INFORMATION AGE," EE2001-hxm lxnx
The third component of Cate's proposed approach to the privacy debate centers on the role of the federal government in privacy protection. As stated above, Americans are inherently suspicious of a powerful central government; therefore, the citizens [*262] demand limited interference by the federal government. Keeping this idea in mind, Cate suggests that the government avoid taking an active role in enforcing privacy rights on behalf of individuals. n59 Additionally, Cate suggests that the federal government avoid the role of "supervisory authority" over data compilers. n60 Cate observes that both roles should be avoided because of the inherent burden of expense, bureaucratic "red-tape," and constitutional violations. n6l
FEDERAL LAW WILL NOT GO FAR ENOUGH BECAUSE OF THE INFLUENCE OF INDUSTRY LOBBYISTS
JOHN LABATE and PATTI WALDMEIR Financial Times (London) January 28, 2000, SECTION: WORLD NEWS: US & CANADA; Pg. 8 TITLE: WORLD NEWS: US & CANADA: Data privacy battle to shift to states // acs-EE2001
Marc Rotenberg, executive director of the Electronic Privacy Information Centre, a leading advocate of privacy legislation, expects some states to pass laws governing privacy in the short term but says "there is a different dynamic in Washington".
Federal legislators, heavily influenced by industry lobbyists, have largely accepted the argument that privacy can best be protected through self-regulation rather than legislation.
NO EXISTING FEDERAL AGENCY IS CAPABLE OF PROTECTING PRIVACY
Joel R. Reidenberg, Professor of Law and Director of Graduate Program Academic Affairs, Fordham University School of Law, " Restoring Americans' Privacy in Electronic Commerce," Berkeley Technology Law Journal, Spring, 1999, 14 Berkeley Tech. L.J. 771, EE2001-JGM, P. 771
FEDERALISM PROBLEMS SHOULD BE DEALT WITH BEFORE LEGISLATION IS PASSED
The Washington Post, November 18, 1999, SECTION: EDITORIAL; Pg. A40 TITLE: Privacy and the Court // acs-EE2001
The message for Congress: Lawmakers must consider federalism problems before legislating, or the court will do it for them afterward.
FEDERAL REGULATIONS WHICH ARE LESS STRINGENT THAN STATE REGULATIONS UNDERMINE THE STATE PROTECTIONS
ROBERT PEAR, The New York Times, October 30, 1999, SECTION: Section A; Page 1; TITLE: RULES ON PRIVACY OF PATIENT DATA STIR HOT DEBATE // acs-EE2001
In theory, the Federal rules do not override state laws that provide more protection for privacy.
But William B. Bruno, a lawyer for the psychiatric association, said, "Patients could lose some protections they now have. At present -- because of state laws, court decisions and canons of medical ethics -- many hospitals will not disclose medical records unless the patient gives consent. The Federal Government is now weighing in, saying that's not required. It's giving a green light for significant changes in current practice."