What if someone wrote new Internet privacy requirements but no one enforced them? No need for your Internet attorney to get involved yet? Here’s what’s happened…
“New European Union rules to ensure privacy have been ignored by the vast majority of E.U. member countries, according to Jonathan Todd, European Commission spokesman for Digital Agenda.” – EU Countries Ignore New Law on Internet Privacy
Just wait until the U.S. Congress weighs in with do-not-track Internet privacy legislation (there are plenty of pending bills). Will you need express consent before using installing cookies on a visitor’s computer? If the Internet browser is set to accept cookies by default, does this mean express consent has been given.
It will be interesting to see if a private cause of action will be permitted under whatever new Internet privacy laws are enacted or if enforcement will be limited to government officials.
You’ll have, at a minimum, the Federal Trade Commission (FTC) implementing rules and guidelines for enforcement. State attorneys general will jump on the bandwagon too in the interest of protecting the consumer, children, puppies, Mom, apple pie, and the American flag in time for the next round of elections.
If suits by aggrieved website visitors are permitted, expect to see numerous attempts by Internet attorneys to certify class action lawsuits against deep pocket website owners.