Internet Rulings, Laws, and Regulations

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Table of Contents

Introduction
Discussion
Conclusion
References

Introduction

The Internet is a singular invention that allows people to connect and communicate with each other from any place in the world. As the Internet quickly became an integral part of human society, it required governance by law to protect the general safety and well-being of users. Today, numerous rulings, laws, and regulations aim to strengthen the privacy and security of online communication. This paper will consider the rulings in the Google Gmail litigation and Bartnicki v. Vopper cases as well as the Consumer Privacy Bill of Rights. In addition, potential alterations to improve the online user experience will be proposed.

Discussion

The contemporary use of various websites and platforms is almost impossible without an email address, with Google offering users Gmail addresses that allow easy access to various services. In 2013, a consolidated complaint was filed against Google, claiming the company’s operation of the email service violated the Electronic Communications Privacy Act (ECPA) by scanning email messages of Gmail and non-Gmail users (Rustad, 2015). Although the company argued that email scanning was part of normal operations, the court ruled that the company violated the Wiretap Act (Rustad, 2015). This ruling has a considerable effect on internet use, prompting more caution as it highlights that users are often left unaware of the extent to which technology companies have access to private information. Nevertheless, considering the Wiretap Act itself, the ruling had the opportunity to better protect against email interception. In particular, access to emails in storage and automatically generated non-content information, including IP address, should be considered unlawful interception (Mulligan & Linebaugh, 2019). Thus, users could benefit from specific amendments concerning electronic communication to the Wiretap Act.

Another lawsuit highlighting the lack of privacy online is the Bartnicki v. Vopper case. Vopper, a radio journalist, played an illegally taped phone conversation of Bartnicki that was intercepted by a third party (Rustad, 2015). As the interception happened “contemporaneously with the transmission of the communication,” the recording was found to be unlawful as it violated the Wiretap Act (Mulligan & Linebaugh, 2019, p. 26). However, Vopper, who was not involved in the interception but reproduced it, was found not violating privacy laws. According to Rustad (2015), this ruling substantially impacted Internet Law due to implications that the republication of unlawfully accessed information is not illegal. The decision can impact Internet use, as more careful consideration of reposted materials is needed. The ruling could be more comprehensive and changed to consider dissemination of unlawfully obtained communication an illegal act as the defendant failed to ascertain the source of information.

Legislation aimed to protect the privacy of online consumers was proposed in 2012 by the Obama Administration. Thus, the Consumer Privacy Bill of Rights “set forth individual rights and corresponding obligations of companies in connection with personal data” (Colton, 2020, p. 444). However, the legislation failed to pass due to the proposition of establishing a separate data protection agency instead of the Federal Trade Commission (FTC) (Colton, 2020). The bill is thorough and is based on principles of individual control and transparency, implying that consumers have the right to decide what information is collected by companies and be thoroughly informed on privacy practices (Rustad, 2015). If passed, the bill will affect internet use as it will provide more assurance of privacy and security, in particular, when personal information is disclosed. The bill can be amended to allow the FTC to act as the primary data protection agency.

Conclusion

In summary, privacy on the Internet remains a pressing issue as the current laws and regulations fail to ensure the total security and confidentiality of online communications. Numerous court rulings and bills aim to enhance privacy; however, addressing all privacy concerns in a single legislation is unfeasible. The Google Gmail litigation and Bartnicki v. Vopper cases have the potential to further improve on the existing Wiretap Act, while the Consumer Privacy Bill of Rights can bind businesses to be more transparent about personal data collection.

References

Colton, A. L. (2020). Watt to Know about Smart Data Privacy: A comparative analysis of how to best regulate and ensure consumer privacy protection. Journal of High Technology Law, 20(2), 415–458. Web.

Mulligan, S. P., & Linebaugh, C. D. (2019). Data Protection Law: An overview (R45631). Congressional Research Service. Web.

Rustad, M. L. (2015). Global Internet law in a nutshell (3rd ed.). West Academic Publishing.

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Internet Rulings, Laws, and Regulations

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