Jon Pincus Profile picture
1 Apr, 24 tweets, 11 min read
It's time for the Washington state House Appropriations Committee's hearing on SB 5062, the Bad Washington Privacy Act! #waleg #wpa #RealPrivacy4WA

Signins: 103 CON, only 1 PRO.

It's being streamed live at
Also available on TVW tvw.org/watch/?clientI…
Most of the speakers are testifying CON as well, with only @joejerome and @mxmahoney5 testifying PRO.

Both of their orgs endorsed the latest version of SB 5062, with a very limited private right of action and some other fixes that don't address civil rights' groups demands.
The only person signing in PRO works for Virginia Mason hospital.

The latest amended version of the Bad WPA now exempts non-profits. What a coincidence!
@joejerome of @CommonSense suggests that the fact that industry objects to allowing people to sue them means that the bill's a good "compromise".

@joejerome also notes that tech lobbyists have been even more successful in other states. That's true, but as I said in mail to legislators ...

So what?

The question at hand is how to protect Washingtonians

BTW in @joejerome's previous tweet, "limited to certain provisions and remedies" means that if you sue a company for breaking the law and win, you *don't* get any compensation for the harms they did, and they *don't* have to pay any penalties....
They have to stop doing it, and you might get your attorney's fees and costs back ... but no damages, no penalties.

It's a "compromise" that shields industry from liability.
Even @CRAdvocacy, which like @CommonSense endorsed the latest version of the Bad #WPA, says

"We would prefer a private right that would also afford consumers monetary relief."

#waleg #RealPrivacy4WA
@ConsumerReports also says the "right to cure" in the Bad #WPA is a ““get-out-of-jail-free” card” that “ties the AG’s hands and signals that a company won’t be punished for breaking the law”.

@joejerome, where is @CommonSense on the "right to cure"?
The Bad #WPA allocates a paltry $1.2 million budget allocated to the AG’s Office through 2023, *decreasing* in future years.

For comparison, Ireland -- smaller than Washington -- budgets $23 million per year.

Supporters talk about "robust enforcement". Yeah right.
The first half hour was on SB 5022, the contentious recycling bill. Now we move on to SB 5062.

Showtime!!!!
A succinct summary by House staffers. I've been consistently impressed by their work, last year and this year.

The $1.2 million the bill allocates to the @AGOWA through 2023, *decreasing* in future years, is enough for 3.6 employees and three investigations per year.
Now industry reps are testifying CON, asking to go back to the ever weaker Senate version of the Bad #WPA which as they point out represents *years* of ignoring civil rights, immigrant rights, and civil liberties groups perspectives.
A very question from a committee member to staff, clarifying that government agencies are exempt from the main provisions of the bill.
Internet Association now also objects to the bill, and so does Association of Washington Business. We're not liable anywhere else, we shouldn't be here! don't have to make privacy notices anywhere else, why should we in WA?
All the industry people are objecting to new terms being introduced without a public hearing.

Rep. Senn asks a clarifying question: is this a public hearing? It is!

So ... the lobbyists are lying!!!! #wpa #RealPrivacy4WA
Up next, Bill Block from @ACLU_WA opposes, highlighting the weakness of enforcement. He's great! But ... um ... that's what I was going to say!

Awkward!!!!
@NGreggBrown: this bill provides the appearance of strong privacy protection. Strong testimony!
Derek Lum of @interim_cda highlights the problems with opt-out and how immigrant communities are left at risk.
I said some snarky things, including using air quotes to highlight my suggestions that they take lobbyists talk of "lack of public input", "hardship" "robust enforcement", "sensible compromise" with a grain of salt.

@_thewanderunner of @WAFairTrade also with powerful criticisms of the Bad #WPA.

@mxmahoney5 of @CRAdvocacy supports, highlighting imrovements like global opt-out mechanism.

@joejerome suggests that this version's a good "compromise". Not sure how well that went over.
And with that, we're done! My take: industry is still clinging to hope they can get the latest Bad #WPA version through as a "compromise", but mostly trying to prevent amendments that would let a *good* version get through.

We shall see!
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More from @jdp23

26 Feb 20
Back in Olympia today for the House ITED Committee hearing on #SB6280, regulating law enforcement use of facial recognition. #waleg #FaceSurveillance
Here's my post on Friday's #SB6281 hearing. #waleg

medium.com/a-change-is-co…
Veena Dubal makes a great point in "SF Was Right to Ban Facial Recognition":

"Even in an imaginary future where algorithmic discrimination does not exist, facial recognition software simply cannot de-bias the practice and impact of state surveillance."

theguardian.com/commentisfree/…
Read 46 tweets
21 Feb 20
Up early today to head down to Olympia for the hearing on #SB6281, the (very bad) Washington Privacy Act. Hopefully, I'll be live-tweeting on this thread.

Here's a chart from @ACLU_WA highlighting just some of the problems with SB6281.
@ACLU_WA And if you're in Washington State, please let ask your legislators to OPPOSE SB6281 in its current form.

@SEAindivisible has an action item up, with a ample script and instructions on how to contact your legislators, at facebook.com/SeattleIndivis…
Read 49 tweets

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