This is the Cato Daily Podcast for Friday, January 4th, 2019. I'm Caleb Brown.

Given the Supreme Court's general lag in terms of recognizing privacy interests in our data, states are moving

ahead to the extent possible.

Utah is now considering a data privacy protection.

Connor Boyac is with the Libertis Institute in Utah.

We spoke this week in Dallas.

In protecting the data privacy of Americans, states can do more as they can with all other rights.

They can protect rights more vigorously than the federal government.

The feds are supposed to provide a baseline protection for rights.

So what is Utah doing with regard to data?

The point you bring up is actually really important

because so often I think Americans get into this deferential state when it comes to the US Supreme

Court and they think that that is the law of the land and that is how it must be.

What's important to recognize is they really only establish a floor below which you're not allowed to go but

that's not the ceiling in fact justice Alito a few years ago in the Riley case

said and I quote it would be very unfortunate if

privacy protection in the 21st century were left primarily to the federal courts

using the blunt instrument of the Fourth Amendment precisely what we're talking about here.

Then he continues, legislatures elected by the people are in a better position than we are to

assess and respond to the changes that have already occurred and those that almost certainly will take place in the future.

That to me is a huge signal, it's a huge opportunity.

The court itself, the Justice Alito at least has signaled and said,

...