First thing, I would like to direct you my first Lawfare piece on data brokers and national security. After the Supreme Court of the United States (SCOTUS) ruled unanimously against the Federal Trade Commission (FTC), the primary committee of jurisdiction in the House discussed options for a statutory fix. Twitter The FTC’s ability to act … Continue reading All Eyes on FTC’s 13(b) Powers
First, subscribe to The Wavelength, my new subscription newsletter. Get all the material you have been enjoying on my blog delivered to your inbox. The Senate Commerce, Science, and Transportation Committee held its first hearing of this Congress with the Federal Trade Commission (FTC). All four sitting commissioners testified and faced a range of diverse … Continue reading The FTC Faces Questions on “Big Tech,” Section 230, Antitrust, Privacy and Data Security
A bill that may be supported by Democrats aligned with business and industry will likely not find much support among more liberal Democrats. Twitter A centrist Democratic privacy bill is back; chances of enactment are low. Cocktail Party Representative Suzan DelBene (D-WA) has revised her data privacy bill and beat all the other sponsors of … Continue reading The Revised Information Transparency and Personal Data Control Act
Facing the end of its legislative session, Washington State House lawmakers alter a bill that passed the Senate. It is not clear if these changes will be acceptable. The Washington State House of Representatives has moved the “Washington Privacy Act” (SB 5062) through two committees, changing the bill in ways that may make it unacceptable … Continue reading Data Privacy Bill Changed As It Moves Through House In Washington State
Other Developments The Biden Administration announced it had triggered the response framework laid out in Presidential Policy Directive 41 (PPD-41) in response to the Microsoft Exchange hack that includes private sector stakeholders for the first time. In a statement, White House Press Secretary Jen Psaki stated that “the National Security Council (NSC) established a Unified … Continue reading Other Developments, Further Reading, and Coming Events (24 March 2021)
A key subcommittee turns to children online privacy issues that could be part of federal privacy legislation. As part of its examination of privacy issues and online education during the pandemic, the House Energy and Commerce’s Consumer Protection and Commerce Subcommittee will a hearing titled “Kids Online During COVID: Child Safety in an Increasingly Digital … Continue reading House Energy and Commerce Examines Online Children’s Privacy During Pandemic
The Comptroller General again finds a number of technology programs and policies to be lacking in the biennial list of risky areas. The Government Accountability Office (GAO) issued its biennial High-Risk List and a number of technology issues remained at the fore, with some having become more serious since 2019 when the GAO last named … Continue reading GAO Emphasizes Increased Cyber Risk To U.S. Government and Again Identifies Other Technology Risks
OK and WA could join CA and VA in enacting privacy bills, possibly adding to the motivation in Washington to enact a national privacy statute. In two state legislatures, one chamber sent a comprehensive privacy bill to the other, signaling the possibility the United States (U.S.) may soon have four state privacy laws companies will … Continue reading Two State Privacy Bills Advance
Further Reading “The Long Hack: How China Exploited a U.S. Tech Supplier” By Jordan Robertson and Michael Riley — Bloomberg. This piece argues that the United States (U.S.) government knew of vulnerabilities in Super Micro Computer Inc.’s products used by the People’s Republic of China (PRC) but chose to keep them secret. This article follows … Continue reading Further Reading, Other Developments, and Coming Events (22, 23, 24, and 25 February 2021)
Oklahoma legislators unveil a strong bill. Chances of enactment are unclear. Oklahoma has followed other states in beginning consideration of data privacy legislation in the absence of a comprehensive federal privacy statute. The “Oklahoma Computer Data Privacy Act” (HB 1602) is a strong data privacy bill, one that would put teeth into Oklahoma’s regulation of … Continue reading Oklahoma Committee Releases Strong Privacy Bill
Michael Kans 