Consumers need a 21st-century solution to this emergent threat. Congress, awash in tech money, is mired in an outdated legal paradigm: "disclosure" of privacy policies and "consent" via a click. No one pretends that these industrial age contract law concepts will do anything to curb data larceny, let alone regulate or bar secret surveillance scores.
We petitioned the Federal Trade Commission to investigate and regulate surveillance scoring. The commission's response? A blog post urging the firms that develop and apply scores to regulate themselves.
This is only the latest example of Washington's capitulation to the tech industry, whose continuous loop of privacy violations, abject apologies and payment of inconsequential penalties confirms that consumers cannot rely on the federal government for protection.