Hacker News Board Hacker News, browsed like a classic message board
Live data from Hacker News

American Data Privacy and Protection Act

congress.gov

Post reply on HN
Print view View original

81–90 of 313 posts

Re: American Data Privacy and Protection Act

#81

Post by reeboo »

etchalon wrote: post #72
greyface- wrote: post #55

SEC. 203. INDIVIDUAL DATA OWNERSHIP AND CONTROL. (e) Verification And Exceptions.— (1) REQUIRED EXCEPTIONS.—A covered entity shall not permit an individual to exercise a right described in subsection (a), in whole or in part, if the covered entity— (C) determines that the exercise of the right would require access to or correction of another individual’s sensitive covered data; or Simple: store all your user data in…

Doubtful any court would accept that practice.

I chuckled at the thought of U.S. judges being forced to have opinions on software design principles.

Re: American Data Privacy and Protection Act

#83

Post by onlyrealcuzzo »

noasaservice wrote: post #59
guerrilla wrote: post #52

Earlier quoted context omitted.

That is a lot worse than I imagined. So basically this would be terrible or meaningless for workers/consumers?

So basically, this is a mostly toothless law, that requires small companies to follow to the extreme detriment of the large companies... which already likely do the bare minimum. I'm not sure of the term. It's like a regulatory legal barrier that keeps new companies from entering the market.

Small companies are exempt from CCPA?

Re: American Data Privacy and Protection Act

#84

Post by tempie_deleteme »

because of the "war on drugs" was supposed to be about the health of americans, which turned out to be a lie...

I think this is not about protecting the rights to data and privacy of american indivudal citizens...the other kind of american citizen, the american corporation, on the other hand, stands to gain a lot from this.

> To provide consumers with foundational data privacy rights, create strong oversight mechanisms, and establish meaningful enforcement.

ah, so corporations can well-foundedly and meaningfully consume the data of 'consumers' (an euphenism for fuel) in a way such that the historic shadow suckers of everything's energy (banks) can continue to partake on the sucking down of everybody's data/information (with real time measurements, which is a novelty in this ancient system build around trade, commerce, insurance, and power-authority concentration).

Re: American Data Privacy and Protection Act

#85

Post by jdasdf »

bin_bash wrote: post #34
ortusdux wrote: post #18

Earlier quoted context omitted.

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.

It's certainly experienced in making stuff up.

Re: American Data Privacy and Protection Act

#86

Post by rawgabbit »

lmkg wrote: post #6

For those following along at home: So far five states have passed local Data Privacy laws (CA, VA, UT, CT, MA). They are all different. This situation makes it much more likely that federal data privacy legislation will happen: while companies wish they could have 0 laws, they would still much rather prefer 1 law rather than 5 (trending towards 50) different laws that contradict each other. There's a whole buncha spe…

Is there a right, as a private individual, to sue everyone who has sent spam/fraud texts to me?

Re: American Data Privacy and Protection Act

#87

Post by candiddevmike »

donatj wrote: post #50

Now if we could just get a bill that actually limited the governments ability to collect data on its citizens. I'm not really worried about targeted ads, I'm worried about targeted assassinations. You talk to people and ask them why they are worried about companies collecting data, and a certain percentage will tell you they don't like that the government could get it with a court order. That'd be a HUGE improvement…

This poses an interesting question: if the government mandates a company to collect data, are they exempt from this? What's stopping them from using that data for commerical purposes?

Re: American Data Privacy and Protection Act

#88

Post by kevinventullo »

antonymy wrote: post #45
hallway_monitor wrote: post #20

Earlier quoted context omitted.

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

Well... >SEC. 406. COPPA. >(a) In General.—Nothing in this Act shall be construed to relieve or change any obligations that a covered entity or another person may have under the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.). >(b) Updated Regulations.—Not later than 180 days after the enactment of this Act, the Commission shall amend its rules issued pursuant to the Children’s Online Privac…

Also, my understanding is that COPPA is actually pretty well-scoped to legitimately protecting children. I say this as someone who works on a product that is affected by COPPA.

Re: American Data Privacy and Protection Act

#89

Post by Floegipoky »

HideousKojima wrote: post #68
colpabar wrote: post #53

Earlier quoted context omitted.

Does the same logic apply to FOIA requests?

Most FOIA requests involve a small fee as well for the same reason. https://www.hhs.gov/foia/faqs/what-is-the-cost-for-getting-r...

And those fees have been infamously exploited to functionally deny access to material or financially harm the requester. Perfectly illustrating why charging fees for these things is such a bad idea.

Re: American Data Privacy and Protection Act

#90

Post by pacija »

ck2 wrote: post #37

Just a reminder any email you have online that is over six months old can be read without a warrant.

Hm, I have 10 years worth of emails in my dovecot, on my metal, in my basement, online. Can you please describe how can it be read without a warrant by people who don't have my imap password or wheel ssh key to my server?
Post reply on HN