Venable Partner Stu Ingis was quoted in a December 16 AdvertisingAge article discussing the possible formation of a standing "Privacy Policy Office" that would help create "a privacy bill of rights" for U.S. consumers online. According to the article, the Obama administration outlined its proposals with regard to online privacy in a new report discussing digital privacy issues, including advertising.
With regard to the FTC's proposed "Do Not Track" mechanism and new codes of conduct that could be implemented, Ingis said, "The codes have to be laid out by the industry. Commerce and the FTC are both at some level uniquely situated to further industry efforts and keep industry's feet to the fire."
He added, "But to the extent that you need government approval for an industry code, that is another way of having de facto regulation, and I don't think that's going to be effective."
With regard to the FTC's proposed "Do Not Track" mechanism and new codes of conduct that could be implemented, Ingis said, "The codes have to be laid out by the industry. Commerce and the FTC are both at some level uniquely situated to further industry efforts and keep industry's feet to the fire."
He added, "But to the extent that you need government approval for an industry code, that is another way of having de facto regulation, and I don't think that's going to be effective."