It's time for the #ADPPA markup!
It's being streamed at energycommerce.house.gov/committee-acti…
Just what is a markup? @cobun has a helpful thread ...
It's being streamed at energycommerce.house.gov/committee-acti…
Just what is a markup? @cobun has a helpful thread ...
https://twitter.com/cobun/status/1539966259424534528
Here's our post from yesterday with an update on where things are with #ADPPA -- and some perspectives from our experiences from legislative battles over privacy here in Washington state
privacy.thenexus.today/the-view-from-…
privacy.thenexus.today/the-view-from-…
@SNolanCollins is livetweeting the hearing as well ...
@janschakowsky hopes we call all agree to "seize the moment". Carpe diem!
https://twitter.com/SNolanCollins/status/1539983232246157312
@janschakowsky hopes we call all agree to "seize the moment". Carpe diem!
@FrankPallone with his opening #ADPPA statement. "Privacy rights are civil rights."
This version has numerous changes from the draft. @OmerTene has a thread with highlights, and suggests they "will lead many in industry to breath a sigh of relief."
This version has numerous changes from the draft. @OmerTene has a thread with highlights, and suggests they "will lead many in industry to breath a sigh of relief."
https://twitter.com/omertene/status/1539847896081829888
@Swiftstories is livetweeting the hearing as well
https://twitter.com/Swiftstories/status/1539986777322266626
@cathymcmorris talks about the feedback they've received on ADPPA from stakeholders -- and how they'll continue to seek out input.
Discusses last week's revelation that TikTok lied and has been sharing data with China.
buzzfeednews.com/article/emilyb…
Discusses last week's revelation that TikTok lied and has been sharing data with China.
buzzfeednews.com/article/emilyb…
@cathymcmorris @FrankPallone mentioned that they're still working on the preemption sections, one of the areas Senators Cantwell and Schatz have objected to. @blakereid's perspective:
https://twitter.com/blakereid/status/1539987907452121088
@RepYvetteClarke highlights the importance of algorithmic audits. It's great to see them in ADPPA, but the language is much less specific (and IMHO weaker) than the Algorithmic Accountability Act 2022 she co-sponsored with Senators Wyden and Booker.
@RepYvetteClarke also brings up a major loophole exempting large data holders who develop systems for governmental entities. I believe this just got added in the latest draft.
@RepGusBilirakis emphasizes the progress they've made but also notes that they'll need to make further tweaks. "I know the job isn't done yet. We've heard from industry, and I'm certainly sympathetic to concerns from them."
@FrankPallone notes that the negotiators still haven't made changes to the #ADPPA draft Sections 403 (enforcement, including the private right of action) and 404 (pre-emption) ... but they will. Details TBD.
@RepFredUpton talks about privacy bills in Virginia, Colorado, Utah. @ToddFeathers and @alfredwkng looked at tech industry groups' strategy of passing weak privacy bills like these. #ADPPA
themarkup.org/privacy/2022/0…
themarkup.org/privacy/2022/0…
@KathyCastorFL asks for improvements in the kids privacy section.
https://twitter.com/SNolanCollins/status/1539996781878165504
@RepLarryBucshon is concerned about potential issues for loyalty programs, something @RepFredUpton also mentioned. Brings up concerns about preemption of other health care laws -- will this cause problems for FDA?
Rep. Dunn highlights importance of continuing to discuss with industry. Concerned that bill may cause problems for research.
@RepDLesko offers an amendment to the #ADPPA amendment! She wants to inserting "political viewpoint" into the anti-discrimination language. Cites Dem Senators pressuring Google not to show fake abortion clinics, a story we discussed in privacy.thenexus.today/three-health-c…
@RepDLesko offers to withdraw the amendment if the Chair will discuss it with her, the Chair takes her up on that, so no vote.
@RepGuthrie has concerns about the bill's impact on biomedical research. Doesn't offer an amendment yet, says it needs ongoing discussion.
As @SNolanCollins says, somebody's been doing some significant lobbying.
As @SNolanCollins says, somebody's been doing some significant lobbying.
https://twitter.com/SNolanCollins/status/1539999227899699205
@RepArmstrongND offers an amendment: remove the exceptions to #ADPPA's preemption of state law. He's concerned it's unlikely to withstand challenges. Needs to be "clear and manifest purpose of Congress," and the complex set of exceptions mean the scope isn't clearl.
"I know that preemption will continue to be part of the negotiations." @RepArmstrongND withdraws the amendment.
@cathymcmorris thanks @RepArmstrongND and cites his knowledge of the issue. "Creating a strong, pre-emptive national standard has been one of my priorities, and that hasn't changed. There are tough tradeoffs. Negotiations don't stop today." Again asks for stakeholder input.
@RepArmstrongND back with another amendment, this one on the private right of action. Currently, people have to notify FTC and state AG before taking an action, they have 60 days to review it, and prohibits a demand letter asking for monetary compensation before that. But ...
If I understand his objection correctly, the current language doesn't prohibit threatening language.
Also concerned that state AGs can proceed independently of FTC. He wants an "enforcement hierarchy." Actually, he opposes a PRA together, but this is an attempt to improve it.
Also concerned that state AGs can proceed independently of FTC. He wants an "enforcement hierarchy." Actually, he opposes a PRA together, but this is an attempt to improve it.
@RepArmstrongND withdraws the amendment.
And now @RepArmstrongND offers another #ADPPA amendment -- expanding the right to cure, which is currently (somewhat) limited. Notes that California's CCPA included a right to cure. Doesn't mention that California's new CRPA *removed* the right to cure!
Withdraws amendment.
Withdraws amendment.
No further amendments.
@janschakowsky calls the vote ...
The ayes have it! The replacement amendment is agreed to.
And now they vote on advancing the amended #ADPPA to the full committee ...
The ayes have it! And we're done!
@janschakowsky calls the vote ...
The ayes have it! The replacement amendment is agreed to.
And now they vote on advancing the amended #ADPPA to the full committee ...
The ayes have it! And we're done!
Here's @publicknowledge's statement on the markup, highlighting that the bill still needs strengthening. They also that the bill weakens the FCC's authority -- a topic that several witnesses brought up in the hearing but wasn't addressed in the markup.
publicknowledge.org/public-knowled…
publicknowledge.org/public-knowled…
@keir_lamont of @futureofprivacy has a summary thread here
https://twitter.com/keir_lamont/status/1540003904750067719
@omertene highlights a significant change in this revision of the ADPPA: a person's race, ethnicity, national origin and religion are no longer considered "sensitive data".
https://twitter.com/omertene/status/1540008651318087682
And @tatiianarice, with the key takeaway:
https://twitter.com/tatiianarice/status/1540005702961434624
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