Reference no: EM133813625

Question

Congress should alter § 551 of the Cable Communications Policy Act to expand safeguards for privacy to users of all the services that cable operators now offer, including phone, internet, and television. At the moment, § 551 mainly targets traditional cable services, as demonstrated by decisions such as Klimas, in which judges decided that safeguards under § 551 did not apply to internet-based data that was not specifically defined by the Act. In light of the current situation, where cable companies manage substantial volumes of personal data across numerous services, § 551 should be expanded to cover phone and internet services. No matter what kind of service they use, customers will always have consistent privacy protections thanks to such an amendment.

Alternatively, it may be even more successful to draft a general digital privacy law independent of cable-specific laws. A single digital privacy law that applies to all digital content transmission services would address problems caused by the current sector-specific regulatory framework in the United States. Because different agencies and rules apply depending on the service, this segmented approach may make it more difficult for consumers to seek remedy. On the other hand, a centralized privacy framework, like the one found in places like the European Union, would simplify regulations and give customers a simpler way to safeguard their privacy. This strategy would provide strong, uniform protections as digital technology develops further by providing transparent, legally binding standards for all digital content services.