[Congressional Record Volume 157, Number 21 (Thursday, February 10, 2011)] [House] [Pages H681-H682] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] By Mr. RUSH: H.R. 611. Congress has the power to enact this legislation pursuant to the following: [The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes. U.S. Const., Art. I, Sec. 8, Cl. 3. More specifically, the Interstate Commerce [[Page H682]] Clause--the second of the three enumerated commerce clause powers that the Constitution confers upon Congress--serves as the constitutional basis for this legislation. Further, per the landmark U.S. Supreme Court case, Griswold v. Connecticut (1965), the Court held that the Constitution protects an individual's right to privacy, which is contained in the ``penumbras'' and ``emanations'' of other constitutional protections. Three of the concurrences to the majority Griswold opinion based the right to privacy on both the Ninth Amendment and the due process clause found in the Fourteenth Amendment. Finding such support in the Fourteenth Amendment is notable, in part, as at least ten (10) states (AL, AZ, CA, FL, HI, IL, LA, MO, SC, WA) expressly recognize a person's right to privacy in their own state constitutions. Elected federal public officials, federal and state policy makers, industry, consumer and privacy advocacy groups all agree that personal privacy of consumer information must be protected in order for e-commerce business models and businesses (in particular), which make use of Internet- and intranet-based platforms and networks to be successful and sustainable.