And here's our ADPPA update from yesterday's Nexus of Privacy newsletter, including a couple of recent articles from @jduballreports as well as @CalPrivacy (CPPA) board chair Jennifer Urban and others.
Pallone: ADPPA tries to minimize use of data by big tech companies. "Limit how they use their data -- only with your permission." Contrasts with notice and consent. (???)
McMorris Rodgers: "most robust privacy protections that's been proposed ever in the US." Er, um, not really. Contrast it with the Peoples Privacy Act -- or Massachusetts' MIPA, described here by @hartzog
McMorris Rodgers talks about the arrow private right of action. Pallone says most people won't want to do that, but you can call up the company and correct how they're using your data.
McMorris Rodgers: puts individuals in charge of their data, gives Americans the right to know what data has been collected, lets people opt out of ads, can say info won't want their data shared or sold.
[Those last two are consent btw]
McMorris Rodgers: kids privacy is very important. We need a national standard for businesses.
Pallone: today, Targeting ads to kids under 17 is totally prohibited.
McMorris Rodgers would stop big tech from storing videos and voice messages without your permission (er um not really -- they're sensitive data but they can still use them for lots of purposes without permission).
Pelosi says it can't override California's law. What does that mean?
Pallone: we're talking, their is time -- we still have 3 months. I believe ADPPA's stronger, CA doesn't minimize the data. And we allow states to have their own laws (???)
Pallone: it's a matter of convincing CA that ADPPA is stronger. Maybe have to be some changes, we're not opposed to that, need to be bipartisan and a strong national standard or it won't pass.
McMorris Rodgers: advocacy groups agree that this is stronger than any local state laws. We gained the support of several members of CA's delegation on the committee. "We've done the hard work necessary to legislate." One state shouldn't be dictating to the rest of the country.
If Pelosi doesn't bring this up, and R's take control of the House next year, has McCarthy committee to bring this up?
McMorris Rodgers: one of the pillars in holding big tech accountable is privacy protection. It's a priority for everyone!
McMorris Rodgers: I'm hopeful, we're going to continue working with the speaker.
Caldwell quotes Cantwell as saying there are major enforcement problems.
Pallone says she wants to pass the bill, and it's got strong enforcement (by the FTC, state AGs, and a private right of action). "We have a supporter in Sen. Cantwell."
A viewer question: what kinds of data would be afforded greater protection -- all data, or carveouts?
McMorris Rodgers talks about browsing history, other sensitive data like credit card info. [Leaves out that other data has lower protection.]
Pallone: big tech doesn't want to be regulated. And big tech is very into notice and consent, that's ineffective.
[Hahaha ... @jenhab reported "The legislation is widely supported by the tech industry".]
The topic shifts to discussing the midterms. Ooh they're discussing abortion! Pallone says people care about reproductive rights. McMorris Rodgers says the Democrats have the extreme position, allowing pregnant people to have rights.
It's potentially a perfect segue to the ADPPA question I suggested to @PostLive ... but dollars to donuts that they don't mention the elephant.
Indeed, the last question is whether the government's likely to shut down. Pallone: of course not. Across the aisle, everybody wants the government to stay open. Which is true, but as usual the elephant goes unmentioned.
And they're done. No news really, but still very interesting to hear how they frame it.
As @jilliancyork said in 2021 when she coined the term "White Man's Gambit", every few weeks or so some white dude ignores years of research and commentary and suggests a "real names" policy.
@jilliancyork's article has a great reference list on "real names" too. For example, here's her 2011 "A Case for Pseudonym's" post for @EFFeff.org/deeplinks/2011…
Congress is working in several privacy bills, including Fourth Amendment Is Not For Sale Act and ADPPA (consumer privacy). The House is back in session Tuesday, but there's not a lot of legislating time left this year. (1/6)
ADPPA has bipartisan sponsorship, but has been criticized for not protecting pregnant people and LGBTAIQ2S+ people, allowing FB to self-regulate its algorithms, and preempting state and local laws (including CA),
How likely is ADPPA to pass this session? (2/6)
If ADPPA doesn't pass, how far will it get?
- no House (H) floor vote?
- H passes, but no Senate (S) action?
- progress in S but dies before floor vote?
- S amends, but dies in cross-chamber reconciliation?
Josephine Liu of agency staff highlights 3 important questions: 1) Which practices are used to surveil consumers? 7) How should the FTC identify and evaluate commercial surveillance harms or potential harms? 8) which areas or kinds of harms has the FTC failed to address?
Encourages people to submit comments via regulations.gov, and notes that comments from individuals are very valuable
Inspired by @aprincealbert3's "Hiding OUT: A Case for Queer Experiences Informing Data Privacy Laws", I looked at how ADPPA responds to the harsh and worsening realities of queer experiences
I looked at how ADPPA responds to seven of the tests @aprincealbert3 discusses in the "Queering Ya Privacy" section, and a few additional ones that focus on hot spots in the ADPPA debate so far. This isn't meant to be definitive -- there are lots of other potential tests!