Time for another round of #privacypolls!

ADPPA still hasn't hit the House floor, and Speaker Pelosi is still opposed to preempting California. Rep. Pallone says there's still time to pass something, and expresses optimism.

How likely is ADPPA to pass this session? (1/5)
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?
ADPPA currently preempts most stronger state and local privacy laws. California and AGs from other states want this removed so ADPPA is "a floor not a ceiling".
Compromise proposals include giving CA a waiver or adding a 5- or 10-year sunset.

How will this get resolved? (3/6)
Suppose preemption is resolved. Lobbyists have been successfully pressing to weaken ADPPA in other ways; privacy and civil rights groups are pushing for improvements.

If the House advances an amended version of ADPPA, how will it compare to the current version? (4/5)
The Fourth Amendment is Not For Sale Act prohibits gov't from purchasing data w/o warrant. It has broad bipartisan support, and had a great hearing in House Judiciary. techpolicy.press/bipartisan-sup…

Will Congress pass the Fourth Amendment is Not for Sale Act this session? (5/5)
Representatives @tedlieu @JacksonLeeTX18 @RepYvetteClarke and @RepJimmyGomez have just introduced the Facial Recognition Act.

How far will the Facial Recognition Act get this session? (6/5, oops)

techcrunch.com/2022/09/29/hou…
@RepSaraJacobs' My Body My Data Act (cosponsored by @RonWyden and @maziehirono) provides strong protection for reproductive health data, but hasn't yet gotten a hearing. (7/n)

Will My Body My Data get.a hearing before the end of the year?
The Health and Location Data Privacy Act (sponsored by @SenWarren @RonWyden @PattyMurray @SenWhitehouse and @BernieSanders) prohibits data brokers from selling health and location data - but it also hasn't gotten a hearing.

Will HLDPA get.a hearing before the end of the year?

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More from @NexusOfPrivacy

Oct 7
The Executive Order to Try to Implement the European Union-U.S. Data Privacy Framework has been announced. Will the third time be a charm? @astepanovich, who's followed the issue for years, has a good thread.
@ACLU says the EO doesn't go far enough.

"It fails to adequately protect the privacy of Americans and Europeans, and it fails to ensure that people whose privacy is violated will have their claims resolved by a wholly independent decision-maker,”

aclu.org/press-releases…
@PrivaSense notes that the mutual recognition clause "shifts the power balance over international data transfers in favour of the US" (h/t @NSQE)

"This is the Whitehouse grabbing the (CJ)EU by the throat, while Putin is threatening to start WWIII"
linkedin.com/posts/jeroente…
Read 5 tweets
Oct 3
"White Man's Gambit": yet another 'pundit' suggests a "real names" policy -- today's Nexus of Privacy newsletter!

privacy.thenexus.today/white-mans-gam…
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.com/2021/01/14/eve…
@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 @EFF eff.org/deeplinks/2011…
Read 18 tweets
Sep 29
Starting in just a few minutes: ADPPA co-sponsors @RepPallone and @cathymcmorris on WaPo's "Across the Aisle" with @LACaldwellDC.

Here's @jduballreports' preview. As he says, it'll probably be more a sales pitch than debate. Still interesting!

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.

thenexusofprivacy.net/federal-privac…
Read 22 tweets
Sep 10
Hey #privacytwitter, time for some #privacypolls!

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?

(3/6)
Read 6 tweets
Sep 8
The FTC #ANPRforum on Commercial Surveillance and Data Security is live!

Streaming at kvgo.com/ftc/commercial…

More about the rulemaking: ftc.gov/legal-library/… Image
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

Also, including evidence is helpful!
Read 105 tweets
Sep 7
Stress-testing ADPPA with a queer lens.

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

thenexusofprivacy.net/adppa-with-a-q…
Here's @aprincealbert3's "Hiding OUT: A Case for Queer Experiences Informing Data Privacy Laws." If you haven't read it yet, you should!

publicknowledge.org/hiding-out-a-c…
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! green check: yes! ADPPA pas...
Read 9 tweets

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