Thread by @NexusOfPrivacy

ADPPA Advances. But what about the elephant?

Federal privacy legislation update, July 26

privacy.thenexus.today/what-about-the…

Last week, the House Energy & Commerce Committee advanced the American Data Protection and Privacy Act (ADPPA).

It's the first time this century a consumer privacy protection bill has made it out of committee in Congress, so congrats to all involved!

ADPPA's next step is a vote by the full House, probably not until September. This discussion between @AttorneyNora of @freepress, @JustinBrookman of @ConsumerReports, and @justinhendrix has some good perspectives on the bill's prospects.
techpolicy.press/the-sunday-sho…

But even though the bill has strong bipartisan support, it's still far from a sure thing. The intense debate about whether ADPPA will preempt state laws has gotten most of the attention. @DanielSolove discusses this "Faustian bargain" at teachprivacy.com/a-faustian-bar…

That's far from the only contentious issue though. On @CyberScoopNews, @TonyaJoRiley quotes @RepAnnaEshoo's concerns about "a major loophole that could allow law enforcement to access private data to go after women".

cyberscoop.com/privacy-data-b…

And @Legal_Voice's Kim Clark make the point even more bluntly in @orionds's article in the @SpokesmanReview:

“This bill, at least from the perspective of pregnant people, it really doesn’t do much”

spokesman.com/stories/2022/j…

As @SLThomas of @UltraViolet says in the same article, it's an opportunity for Democrats to recognize the threats in a post-Roe world, and use their leverage to improve the ADPPA. But will they?

spokesman.com/stories/2022/j…

The risk is that contentious topics like preemption take up so much energy that legislators don't talk about the elephant in the room -- and so don't realize that (as Kim Clark says) the bill really doesn't do much to protect pregnant people.

privacy.thenexus.today/what-about-the…

Today's newsletter also discusses industry negotiating tactics and the changes the committee made to the ADPPA. It's a long list, but certainly worth looking at. Some strengthen it, some weaken it, and as usual the devil is in the details.

Enjoy!

privacy.thenexus.today/what-about-the…

In the Washington Post, @viaCristiano has a 23-page story on the ADPPA ... that doesn't mention the elephant!

And if you scroll down, you'll find his summary of @orionds' @SpokesmanReview story ... where he ignores all the elephant-related quotes.

washingtonpost.com/politics/2022/…

@ACLU_NorCal suggests there's a reason Big Tech supports ADPPA. "And it’s not because they care about our rights."

https://twitter.com/ACLU_NorCal/status/1552059006625034241

@ACLU_NorCal @CalPrivacy announces a meeting Thursday morning to discuss #ADPPA and similar legislation.

https://twitter.com/CalPrivacy/status/1551945758873595907

🍿🍿🍿

@CalPrivacy's bill analysis this morning talked about a change in the latest version of the bill that sabotages the "global opt out" mechanism.

@jason_kint has a good explanation here.

https://twitter.com/jason_kint/status/1551991427558694915