Few issues have caused more legal consternation than the level to which individual online privacy rights should be protected. Modern equipment and software enables those who seek to violate privacy rights render a less knowledgeable citizen helpless. Traditional privacy protection is inadequate to protect a fundamental right. Neither Congress nor the courts have dealt with the issue in an effective manner like they have dealt with other areas like telephone and wireless phone communications. The online privacy dilemma is reaching a crisis point. Employers are able to monitor employees’ uses of equipment to prevent any and all personal uses of equipment. The need for an independent focused agency to deal with online privacy abuses at the hands of employers has never been greater. No current independent regulatory agency is positioned to deal with this problem.
Jack Karnes, Protecting Individual On-Line Privacy Rights: Making the Case for a Separately Dedicated, Independent Regulatory Agency, 19 J. Marshall J. Computer & Info. L. 93 (2000)