It's time for the #ADPPA markup!

It's being streamed at…

Just what is a markup? @cobun has a helpful thread ...
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…
@SNolanCollins is livetweeting the hearing as well ...

@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."
@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.…
@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:

@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…
@KathyCastorFL asks for improvements in the kids privacy section.

@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…
@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.

@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.
@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.
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!
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.…
@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".

@threadreaderapp please unroll

• • •

Missing some Tweet in this thread? You can try to force a refresh

Keep Current with The Nexus of Privacy

The Nexus of Privacy Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!


Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @PrivacyNexus

Jun 21
Health care privacy and more -- today's #privacy news roundup.…
@geoffreyfowler looks at software that thousands of clinics and hospitals across the United States use to check people into appointments ... which harvests the information people provide and uses it to target ads.

That's bad!

How can they do that? There's a paragraph authorizing this in the consent form people sign when they're checking in. Most people don't bother to read it, so consent to sharing without even thinking about it.

It's a great example of the limitations of "notice and consent".
Read 11 tweets
Jun 14
Time for some hot #privacy action! The House Subcommittee on Consumer Protection and Commerce hearing on the American Data Privacy and Protection Act (#ADPPA) starts at 10:30 am Eastern!

Here's the livestream and list of witnesses:…
This morning's post on The Nexus of Privacy has background.…
#ADPPA has bi-partisan sponsorship - House Energy and Commerce Chair @FrankPallone and Ranking Member @cathymcmorris, Senate Commerce Committee Ranking Member @SenatorWicker.

Conspicuous by her absence: Senate Commerce Chair @SenatorCantwell, who's working on her own bill.
Read 151 tweets

Did Thread Reader help you today?

Support us! We are indie developers!

This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Don't want to be a Premium member but still want to support us?

Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!


0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy


3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us on Twitter!