Online privacy is a complex and ever-evolving issue. In the digital age, where our personal information is constantly collected, bought, and sold, the ability to control what data is publicly available is a growing concern. This WIRED article dives deep into a groundbreaking legal battle taking place in New Jersey, with the potential to reshape online privacy for everyone.
A Brutal Murder Sparks Change
The story begins with tragedy. In July 2020, US district judge Esther Salas lost her son, Daniel Anderl, in a targeted attack at their home. The murderer, enraged by a case Salas was handling, found her address online. This horrific event sparked a movement for change. Judge Salas publicly called for action, demanding a way for judges and their families to keep their home addresses private.
New Jersey Responds with Daniel's Law
New Jersey lawmakers reacted swiftly, enacting Daniel's Law in November 2020. This legislation grants "covered persons" – judges, law enforcement officers, prosecutors, child protective investigators, and their immediate family members – the right to have their home addresses and unpublished phone numbers withheld from government records in the state. It goes a step further by allowing them to demand the removal of this data from any website, including popular people search tools.
Companies Face Financial Penalties for Non-Compliance
Daniel's Law has teeth. Companies that fail to comply with takedown requests within 10 business days face a penalty of at least $1,000. This financial incentive makes New Jersey's law unique in the US, offering a guaranteed payout for those whose privacy rights are violated.
Matt Adkisson: Serial Entrepreneur Turned Privacy Crusader
Enter Matt Adkisson, a serial entrepreneur with a surprising turn of heart. After witnessing the challenges of data privacy firsthand, he shifted his focus from building businesses to protecting people's online identities. Fueled by a desire to make online privacy a reality, Adkisson set his sights on helping law enforcement personnel.
Atlas Data Privacy: Taking on the Data Broker Industry
Adkisson founded Atlas Data Privacy, a tech startup dedicated to empowering individuals to remove their personal information from the internet. Recognizing the limitations of California's privacy law, he targeted New Jersey's Daniel's Law as a potential national precedent.
Building Alliances: Law Enforcement and Legal Muscle
Adkisson understood the importance of partnerships. He secured the support of the New Jersey State Policemen's Benevolent Association, the state's largest police union. This collaboration provided Atlas with a significant user base and the backing of a powerful advocacy group.
Legal Hurdles: First Amendment Challenges
The road to reform wasn't smooth. Atlas faced resistance from data brokers who argued that Daniel's Law violated their First Amendment right to freedom of speech. Previous court decisions upholding the publication of personal information, like lawmakers' contact details, cast doubt on the legal standing of Daniel's Law.
Legislative Amendments Strengthen Daniel's Law
Adkisson and the police union didn't back down. They lobbied for amendments to Daniel's Law, strengthening its legal teeth. These amendments empowered individuals to sue for non-compliance, simplified litigation procedures, and mandated judges to impose financial penalties on non-compliant websites.
A Nationwide Impact?
The outcome of the legal battle in New Jersey could have far-reaching consequences. If Atlas and its users prevail, Daniel's Law could set a precedent for stricter national privacy regulations. This would fundamentally change the way data brokers operate, potentially forcing them to remove sensitive data from all individuals, not just those covered by Daniel's Law.
Beyond Law Enforcement: A Broader Call for Privacy
While the initial focus is on law enforcement, the implications extend beyond this group. A victory for Daniel's Law could pave the way for broader online privacy protections for everyone. Individuals across professions and backgrounds could potentially have the right to remove personal information from data broker websites.
Unresolved Questions and Ongoing Battles
The legal battle continues. Data brokers argue that Daniel's Law is overly punitive and unfairly targets their industry. They question the validity of some takedown requests and raise concerns about companies removing too much data due to fear of penalties. Atlas counters these arguments by emphasizing the real-world safety concerns faced by law enforcement personnel and the need for robust privacy protections.
The Future of Online Privacy: A Work in Progress
The legal battle in New Jersey is a significant development, but it's just one piece of the puzzle. As technology evolves and data collection practices become more sophisticated, the need for comprehensive privacy regulations will continue to grow. The outcome of this case will be closely watched by policymakers, privacy advocates, and individuals concerned about their online privacy.
A Call for Action: Protecting Our Digital Footprints
While we await the resolution of the legal battles, there are steps individuals can take to protect their online privacy:
Be Mindful of Data Sharing:
- Carefully review privacy policies before sharing personal information with websites and apps.
- Limit the amount of personal data you disclose online.
- Be cautious about using social media platforms and consider adjusting privacy settings.
Use Strong Passwords:
- Create unique, complex passwords for each online account.
- Avoid using easily guessable information like birthdays or pet names.
- Consider using a password manager to securely store1 and manage your passwords.
Enable Two-Factor Authentication:
- Add an extra layer of security to your accounts by enabling two-factor authentication (2FA).
- This typically involves entering a code sent to your phone or email in addition to your password.
Be Wary of Phishing Attacks:
- Be cautious of suspicious emails, texts, or phone calls that ask for personal information.
- Never click on links or download attachments from unknown sources.
- Verify the sender's identity before responding to any communication.
Use Privacy-Focused Browsers and Search Engines:
- Consider using privacy-focused browsers like Firefox or Brave, which have built-in privacy features.
- Use privacy-oriented search engines like DuckDuckGo to avoid personalized search results.
Consider Using a VPN:
- A Virtual Private Network (VPN) encrypts your internet traffic, making it more difficult for others to track your online activity.
- This is especially useful when using public Wi-Fi networks or accessing sensitive information online.
Stay Informed and Advocate for Stronger Privacy Laws:
- Stay updated on the latest privacy news and trends.
- Support organizations that advocate for stronger privacy laws and regulations.
- Contact your elected officials to express your concerns about online privacy and urge them to take action.
By taking these steps, individuals can take control of their online privacy and protect themselves from potential harm. As technology continues to advance, it's crucial to stay vigilant and adapt to the evolving landscape of online privacy.
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