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Re:Why Is America So Far Behind Europe on Digital Privacy? by jandrewrogers on Sunday June 09, 2019 @03:49PM (#20141454)
It is a confluence of many independent factors that cut across culture, economics, history, political structure, and geography. This applies to almost every comparison of Europe and America.

A key difference is in the default definition of what "privacy" is relative to. In America, there is a strong notion of privacy from the government but a much weaker notion of privacy from companies. In Europe, it is the other way around. In the specific case of digital privacy, you are adding economic considerations to the equation which just reinforces the existing status quo on both sides since the America's tech industry is vastly larger than Europe's and therefore has much greater skin in the game.

The political dynamics are different because (1) Americans don't trust governments and especially the Federal government, for complex historical reasons and (2) the majority of legal authority to regulate, tax, etc resides with the individual States, not the Federal government, so relatively few things can be implemented "nationally" in the US. If you model individual States as "countries" conceptually, the political dynamics make a lot more sense.

Re:Why Is America So Far Behind Europe on Digital Privacy? by anoncake on Sunday June 09, 2019 @07:27PM (#20142568)
> If you model individual States as "countries" conceptually, the political dynamics make a lot more sense.

No, not at all. US states being somewhat like countries can't put the USA behind the EU. EU states are countries.

Re:Why Is America So Far Behind Europe on Digital Privacy? by jandrewrogers on Monday June 10, 2019 @01:06AM (#20144036)
This distinction isn't nearly a bright line as you think it is, the US is essentially what happens when an EU-like structure has 200+ years to evolve. In the US, States have their own constitutions, legislatures, various legal systems, and almost complete autonomy with narrow exceptions. Around 30% of them operated autonomously as their own countries at various times. Americans have almost no contact with the Federal government, only State governments, and the nature of State governments, laws, and legal systems varies quite widely across the US because they evolved independently.

As a simple illustration, the US has no national ID because the individual States have sole authority for managing the identity of their citizens. Similarly, it is why all contracts denote the State whose legal system has jurisdiction over interpretation of the contract -- there isn't a meaningful Federal jurisdiction over such things. This is also why the US Federal government can't just "pass a law" to do things, what they can actually do is severely limited by what the States feel like allowing them to do. While the States don't flex their autonomy very often these days, almost all power in the US rests with the individual States.

Re:Why Is America So Far Behind Europe on Digital Privacy? by anoncake on Tuesday June 11, 2019 @10:36AM (#20155789)
I don't think the line is that bright. AFAIK there are quite a few areas in which the EU is more centralized than the USA. The relationship between US states and the federal government does explain certain differences to the EU, sure. But not if you simplify it to "US states are like souvereign countries" because so are EU members. EU and USA cannot be different because of something they have in common.

> This is also why the US Federal government can't just "pass a law" to do things

In a way, it can do that by changing the constitution. That requires the consent of a majority of states, but this is common in federations. The EU cannot change its "constitution" at all except with the consensus of all members.