Greetings from Gray, Maine!

Sitting here in my home office, looking out at a backyard that is finally fully green (well, except for the dandelions), it's hard to get too worked up about the worlds of law, business, and compliance. This winter and spring have been so hectic, so fraught with trying to check boxes and keep up to speed in supporting you members, Memorial Day was a welcome break. 

There is nothing so relaxing as letting your phone die and sitting next to a lake with a good book. 

Perhaps I should invite Marc Rotenberg and Secretary Ross up to camp for a beer or two. It was sort of strange this week to see them spar over U.S. privacy policy in a British publication, especially given that the time for objecting to the GDPR's influence on the United States is well past. As the most lobbied piece of legislation in the history of the European Union, I think the Europeans well understand the U.S. position at this point and are comfortable with any ramifications that might arise.

Rather, it would seem the ball is in the U.S. court. As Rotenberg rightly notes, it's not like the U.S. is some laggard on privacy. We have the legacy of the Privacy Act of 1974, HIPAA (which dates back to 1996, after all, and is far more strict than anything the EU has had in place until now), a long head start on breach notification, the might of the Federal Trade Commission's consent decrees, and so much more. 

Now we must make a decision. Will we "modernize" privacy law to harmonize the international digital marketplace, building on the EU's idea of a "Digital Single Market," or will we keep things generally as they are and allow businesses to make their own choices as they look to access the European marketplace from U.S. shores?

Well, enjoy the summer, because California may make the decision for all of us with their referendum this fall.

Cheers,
Sam