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American Data Privacy and Protection Act

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Re: American Data Privacy and Protection Act

#91

Post by uni_rule »

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…

That is incredibly shortsighted considering one of the prime ways the US Government skirts protections against domestic data collection is by simply buying it from private entities.

Re: American Data Privacy and Protection Act

#92

Post by cvoss »

gigel82 wrote: 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.

> Instead

No way. The threshold of consensus required to put a constitutional amendment through is far higher than that of passing a bill (maybe too high, but that's another conversation). The fact that such an ammendment would consist of terse, high-level, abstract statements rather than pages and pages concrete specifics would also make it harder to achieve consensus because too many people would be afraid of it getting read by SCOTUS in a way they didn't want.

We need to work on federal laws here and not wait for a pie-in-the-sky constitutional ammendment. (State-by-state laws don't make a whole lot of sense on this topic. Glad CA has been test-driving some, but we need a unified approach.).

Re: American Data Privacy and Protection Act

#93

Post by bdougherty »

Spivak wrote: post #17
cyral wrote: post #3

I see they are also annoyed at cookie banners: > SEC. 210. UNIFIED OPT-OUT MECHANISMS. For the rights established under sections 204(b) and (c), and section 206(c)(3)(D) not later than 18 months after the date of enactment of this Act, the Commission shall establish one or more acceptable privacy protective, centralized mechanisms, including global privacy signals such as browser or device privacy settings, for indiv…

halle-fuckin-lujah please don't make it some bullshit centralized service where you have to have a specific cookie from a random website to actually use it. please just expand DNT.

More likely it will be GPC (https://globalprivacycontrol.org).

Re: American Data Privacy and Protection Act

#94

Post by arrosenberg »

tomatotomato37 wrote: post #79
encryptluks2 wrote: post #10

Earlier quoted context omitted.

Partial preemption leads to supreme court decisions that lead to near total preemption.

Only if it's not a highly contentious issue. Otherwise the bigger states just go "We control X amount of the American population/economy, and thus we are going to enforce our own law anyway " Granted they would be in the wrong since this is clearly and unambiguously interstate commerce, but that hasn't stopped them before

Its not unambiguous. Google is based in CA, I am based in CA. Packets may go across state lines, but the commercial transaction (a search query) has occurred between two CA entities and should fall under state law.

Re: American Data Privacy and Protection Act

#95

Post by lmkg »

candiddevmike wrote: post #87
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?

Section 101 part b "Permissible Purposes," defines when data is allowed to be collected. The sixth such purpose: "To comply with a legal obligation imposed by Federal, Tribal, Local, or State law..."

A close reading of the wording implies this only covers requests backed by a law, i.e. it does not cover "polite requests" from a government agency. However that is a theoretic protection, practice could be different.

Re: American Data Privacy and Protection Act

#96

Post by criddell »

pacija wrote: post #90
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?

Do you ever send email to other servers? If so, there are copies out there.

Re: American Data Privacy and Protection Act

#98

Post by lmkg »

rawgabbit wrote: post #86
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?

Spam email, yes, due to the CAN-SPAM Act explicitly authorizing it. I believe that at least one individual has literally made a living out of pursuing such lawsuits.

Texts, nope.

Re: American Data Privacy and Protection Act

#99

Post by ck2 »

pacija wrote: post #90
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?

Well that's the "proper" version of the clinton email server in the basement.

But I meant the major services all must give access to virtually any federal government entity on request, warrantless. I think they even have portals, imagine how that is abused by anyone and everyone.

Not sure how it would be enforced but I would guess if the feds wanted access to your server, even without a warrant, you'd be forced to give it to them.

https://www.wired.com/2010/04/emailprivacy/

https://en.wikipedia.org/wiki/Electronic_Communications_Priv...

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