“Paper” Hearing on COVID-19 and Big Data

On April 9, the Senate Commerce, Science, and Transportation Committee held a virtual hearing of sorts as all the proceedings would occur through the written word with the chair, ranking member, and witnesses all submitting statements. Then all the members were to submit written questions to the witnesses who will have 96 business hours to … Continue reading “Paper” Hearing on COVID-19 and Big Data

Moran Releases Long Awaited Privacy Bill Without Blumenthal

Senator Jerry Moran (R-KS) has released his long-awaited privacy and data security bill, the “Consumer Data Privacy and Security Act of 2020” (S.3456) that is not cosponsored by Senator Richard Blumenthal (D-CT) even though the two Senators have been in talks since late 2018 along with other Senators to draft a bipartisan bill. Of course, … Continue reading Moran Releases Long Awaited Privacy Bill Without Blumenthal

Senate Demurs on House-Passed FISA Reauthorization; Sends House A Clean Extension

First things first, if you would like to receive my Technology Policy Update, email me. You can find some of these Updates from 2019 here. Even though the House passed the “USA FREEDOM Reauthorization Act of 2020” (H.R. 6172) to reauthorize three expiring Foreign Intelligence Surveillance Act (FISA) provisions, the Senate declined to act immediately … Continue reading Senate Demurs on House-Passed FISA Reauthorization; Sends House A Clean Extension

Democrat Proposes Creating Data Protection Authority To Address Privacy

Another Senate Democrat has introduced a privacy and data security bill. Senator Kirsten Gillibrand's "Data Protection Act of 2020" (S. 3300) would create a federal data protection authority along the lines of the agencies each European Union member nation has. This new agency would be the primary federal regulator of privacy laws, including a number … Continue reading Democrat Proposes Creating Data Protection Authority To Address Privacy

Senate Commerce Revisits Privacy In Light of Legislative Proposals

On December 4, the Senate Commerce, Science, and Transportation Committee held a hearing titled ”Examining Legislative Proposals to Protect Consumer Data Privacy” a week after two competing proposals were released: the “United States Consumer Data Privacy Act of 2019“ (CDPA) and the “Consumer Online Privacy Rights Act“ (COPRA) (S.2968). Chair Roger Wicker (R-MS) stated “[f]or … Continue reading Senate Commerce Revisits Privacy In Light of Legislative Proposals

Privacy Bill A Week: United States Consumer Data Privacy Act of 2019

The majority staff of the Senate Commerce Committee circulated the “United States Consumer Data Privacy Act of 2019” (CDPA), a draft data privacy bill days after Ranking Member Maria Cantwell (D-WA) and her cosponsors released the “Consumer Online Privacy Rights Act“ (COPRA) (S.2968) (See here for more analysis). Of course, these competing proposals came before … Continue reading Privacy Bill A Week: United States Consumer Data Privacy Act of 2019

Privacy Bill A Week: Consumer Online Privacy Rights Act

Yesterday, we posted the political backdrop for the introduction of the “Consumer Online Privacy Rights Act“ (COPRA). Today, let's turn to the substance of the bill. Under COPRA, entities covered by the new requirements is a broad class simply defined as those already subject to the FTC Act and “process[] or transfer[] covered data.” The … Continue reading Privacy Bill A Week: Consumer Online Privacy Rights Act

Senate Commerce Democrats Unveil Privacy Bill

The last bill we examined on privacy and data security was Representatives Anna Eshoo (D-CA) and Zoe Lofgren’s (D-CA) the “Online Privacy Act of 2019” (H.R. 4978), a long, comprehensive bill that has little chance of being enacted as it is. Another such bill has been introduced by Senate Democratic stakeholders that takes a comprehensive … Continue reading Senate Commerce Democrats Unveil Privacy Bill

Senate Democrats Release Privacy Principles

The ranking members of four Senate Committees have released their principles for any privacy legislation, many of which are likely to be rejected by Republicans and many industry stakeholders (e.g. no preemptions of the “California Consumer Privacy Act” (AB 375) and a private right of action for consumers). Nonetheless, Senators Maria Cantwell (D-WA), Dianne Feinstein … Continue reading Senate Democrats Release Privacy Principles

Second Volume of Senate Intelligence Committee Report On Election Interference, Part III

Recently, the Senate Intelligence Committee released the second of five planned volumes detailing its findings and recommendations arising from Russia’s actions during the 2016 U.S. election. The committee made a number of recommendations with this preface: This challenge requires an integrated approach that brings together the public and private sectors. This approach must be rooted … Continue reading Second Volume of Senate Intelligence Committee Report On Election Interference, Part III