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American Data Privacy and Protection Act

congress.gov

31–40 of 313 posts

Re: American Data Privacy and Protection Act

#31
post #21

Can't read legalese much, and -judging by how these things tend to go- I bet it's butchered beyond recognition before it gets to a vote (if at all). Instead, we should consider a constitutional amendment that enshrines digital privacy as a fundamental human right.

Why would a constitutional amendment be less prone to getting butchered beyond all recognition? An amendment may not have its text butchered, but there's no guarantee at all that it will be interpreted the way you hope.

Re: American Data Privacy and Protection Act

#33
post #5

Quoted post unavailable.

If it has anything about protecting children in it or it has to do with limiting encryption you are correct.

> limiting encryption

You mean stopping online crime, identity theft, and cyberbullying. Going after encryption is the goal, the stated goal is usually about more tangible, friendly concepts.

Re: American Data Privacy and Protection Act

#34

Earlier quoted context omitted.

This is normal: https://www.techrepublic.com/article/how-to-request-your-per... >Although, the ICO also notes that a firm may charge a “reasonable fee” when “a request is manifestly unfounded or excessive, particularly if it is repetitive.” Privacy request shouldn't enable mechanisms of denial of service type attacks against companies.

The problem is, "reasonable" is subjective. Things like this need to be tethered to something. "The fee may not exceed 50% of the hourly federal minimum wage."

That’s just not true. “Reasonable” is a binding term used in contracts all of the time. The court system is extremely experienced in determining what is and is not reasonable.

Re: American Data Privacy and Protection Act

#36

Earlier quoted context omitted.

This is normal: https://www.techrepublic.com/article/how-to-request-your-per... >Although, the ICO also notes that a firm may charge a “reasonable fee” when “a request is manifestly unfounded or excessive, particularly if it is repetitive.” Privacy request shouldn't enable mechanisms of denial of service type attacks against companies.

The problem is, "reasonable" is subjective. Things like this need to be tethered to something. "The fee may not exceed 50% of the hourly federal minimum wage."

GDPR is filled with "reasonableness" expectations and unspecified guidelines that aren't tethered to anything. Why the concern over this one specifically?

Re: American Data Privacy and Protection Act

#38
post #21

Can't read legalese much, and -judging by how these things tend to go- I bet it's butchered beyond recognition before it gets to a vote (if at all). Instead, we should consider a constitutional amendment that enshrines digital privacy as a fundamental human right.

For any enterprising young legal authors, I'm sure a "rewritten for laypeople" paragraph-by-paragraph blog post would garner a large volume of views and impressions to your site...
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