Can anyone offer some insight or point me to some good resources so I can understand the Federal Government’s (including the court’s) ability to dictate the terms of private contracts? Currently I am writing a paper exploring the Obama’s administration’s Consumer Privacy Bill of Rights (CPBR). The administration wishes to use the CPBR as a framework for legislation to dictate how private companies use private data. I cannot understand how the government has any jurisdiction in the matter. (The only way in my mind is through a broad interpretation of the commerce clause). Besides this, how can the government have any claim into a private contract between two entities. Where or how does the government have any authority in private contracts? The constitution itself has alot to say about privacy via the limited nature of powers granted to the government bolstered and reinforce by the Bill of rights (Forth Amendment). The amendment, however, is a clause out of the constitution which is essentially a contract between the States and the Federal Government that it formed. How can this contract between these parties claim authority into private contracts? In other words, the forth amendment only applies to the government, not to private entities; the constitution does not apply to private contracts.
Appreciate any insight.
