Tag Archives for " US "

A Tale of Two Poorly Designed Cross-Border Data Access Regimes

On Tuesday, the European Commission published two legislative proposals that could further cement an unfortunate trend towards privacy erosion in cross-border state investigati­ons.

Building on a foundation first established by the recently enacted U.S. CLOUD Act , these proposals compel tech companies and service providers to ignore critical privacy obligations in order to facilitate easy access when facing data requests from foreign governments.

Source: A Tale of Two Poorly Designed Cross-Border Data Access Regimes

Cops Around the Country Can Now Unlock iPhones, Records Show

A Motherboard investigation has found that law enforcement agencies across the country have purchased GrayKey, a relatively cheap tool for bypassing the encryption on iPhones, while the FBI pushes again for encryption backdoors.

Source: Cops Around the Country Can Now Unlock iPhones, Records Show – Motherboard

How does California’s Erasure Law stack up against the EU’s right to be forgotten

While most are familiar with the European Union’s right to be forgotten, many fewer are aware that in 2015, California enacted the Online Eraser Law, which many are touting as the “Right To Be Forgotten Lite” as it allows minors to “erase” their content online.

But, is California’s law actually RTBF Lite? Here’s how it stacks up against the European Union’s right to be forgotten.

Source: How does California’s Erasure Law stack up against the EU’s right to be forgotten

Senators introduce privacy “bill of rights” to protect consumer data

The CONSENT Act would require edge providers to comply with FTC-regulated data protection rules.

Earlier this month, U.S. senators Edward J. Markey (D-Mass.) and Richard Blumenthal (D-Conn.) introduced a privacy “bill of rights” to protect American consumers’ personal data. The Customer Online Notification for Stopping Edge-provider Network Transgressions (CONSENT) Act would require the Federal Trade Commission (FTC) to establish privacy protections for customers of online edge providers like Facebook and Google.

Source: Senators introduce privacy “bill of rights” to protect consumer data – Marketing Land

Democrats plan to push privacy rules after Facebook hearings

House Democrats plan to use this week’s Facebook hearings as the starting point for an aggressive push for privacy legislation, which sets them up to move a bill forward if the House flips in November.

Democrats on the Energy & Commerce Committee, which has jurisdiction over tech issues, will introduce proposals in the near term. That gives Democrats the opportunity to point to their efforts even if Republicans fail to make good on their regulatory threats.

Source: Democrats plan to push privacy rules after Facebook hearings – Axios

The 11 key considerations in Schrems II, in laymen’s terms

The lengthy Schrems II case decided by the Irish High Court in October 2017 left open which questions would be referred to the Court of Justice of the European Union.

Those 11 questions have now been published by the court, with a slight possibility of revision after reviewing further submissions by defendant Facebook.

Source: The 11 key considerations in Schrems II, in laymen’s terms

Is All Personal Data Equal Under The Law?

Until very recently, most ad tech companies based their entire privacy programs on the notion that they don’t collect personal data.

That premise has started to deflate for several reasons. First, EU policymakers began digging in their heels around a more expansive definition of personal data that includes pseudonymous identifiers, such as IP address, cookie ID and mobile advertising identifiers, including Apple’s IDFA.

And then the Federal Communications Commission (FCC) announced its Notice of Proposed Privacy Rules, which also includes a broad definition of personal data.

Source: Is All Personal Data Equal Under The Law? | AdExchanger

Facebook Will No Longer Oppose A Consumer Privacy Measure in California

The tech company spent $200,000 to oppose the measure, but reversed course on Wednesday following CEO Mark Zuckerberg’s congressional testimony on the Cambridge Analytica data breach.

Called The Consumer Right to Privacy Act of 2018, the California ballot measure would allow consumers to learn about the types of personal information businesses are collecting, selling and disclosing on them – in addition to whom that information is being sold or shared.

Source: Facebook Will No Longer Oppose A Consumer Privacy Measure in California : The Two-Way : NPR

Protecting Your Privacy Beyond Facebook

Safeguarding information about what you do online goes far beyond trying to lower your profile on one internet service. Legally, you are largely responsible for your own online privacy in the United States.

Although the most recent Facebook scandal has been described as a “breach” or “hack,” it’s important to note that University of Cambridge professor Aleksandr Kogan was not gaining unauthorized access when he gathered user data and sold it to Cambridge Analytica. At the time it was totally legal and within Facebook’s terms of service for Kogan to gather such data.

Source: Protecting Your Privacy Beyond Facebook | The California Report | KQED News

Privacy Goes Global: An Interview With Tim Harty

In the United States, we’ve been talking about privacy for at least a century. In December 1890, the Harvard Law Review published The Right to Privacy, by Samuel Warren and Louis Brandeis (who later became Justice Brandeis of the U.S. Supreme Court).

The pathbreaking article, rightly described as “one of the most influential essays in the history of American law,” is generally regarded as the first American publication to advocate a right to privacy, described by the authors as a “right to be let alone.”

Source: Privacy Goes Global: An Interview With Tim Harty | Above the Law

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