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American Data Privacy and Protection Act

congress.gov

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141–150 of 313 posts

Re: American Data Privacy and Protection Act

#141

Post by unionpivo »

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?

Unless you are just emailing yourself on your server, chances are that 80% of your email is searchable between Google, Microsoft or Amazon.

I just checked on my mail (look at headers, for smtp hosts not just senders and receivers).

For me its 76% for the past 7 years, that either originated or ended in one of the big three silos.

Re: American Data Privacy and Protection Act

#142

Post by roamerz »

mdip wrote: post #135
laweijfmvo wrote: post #82

Earlier quoted context omitted.

The first thing to know about US Laws/Bills is that whatever they name it, it typically achieves the opposite

Completely, especially if it has the words "Digital", "Online" or "Data". I haven't read the bill or read about the bill but I'd wager a coffee there's also some form of entertainment/copyright industry hostility in there. I'm really trying not to be cynical here, but I started so I might as well finish. Step #2 is if it does happen to pass, the parts of the bill that are actually consumer protections will be unenfor…

You forgot the words “Inflation“, “Equality“, “Infrastructure”, “Dream”, “People”, “Save”, “Health”, Budget” or “Climate”.

Re: American Data Privacy and Protection Act

#143

Post by hatware »

matai_kolila wrote: post #43
hatware wrote: post #5

Quoted post unavailable.

I can't remember the last time I saw a non-iroinic reference to 1984. Have you read the book? It's nothing at all like how we live today, and (as far as I can tell) this would do nothing towards making our lives more like how the lives of Winston and Julia were in the novel.

> Have you read the book?

Have you...? Imagine being this far away from the truth. Yikes.

Re: American Data Privacy and Protection Act

#144

Post by rt4mn »

matai_kolila wrote: post #126
bdougherty wrote: post #103

Earlier quoted context omitted.

Telescreen, newspeak, mass surveillance, perpetual war, "officials" acting as if what they are saying now is always what they said, etc. It's almost easier to list the things that we don't have in common.

Literally none of those things are real as actually described in the novel. Keeping a diary is punishable by death (that's the premise of the entire story), it's kind of silly to compare that with our lives today.

1984 was published in 1949. It is partially science fiction. Tricorders are not literally the same as cell phones, either, but if you ignore the parrelels you are doing a disservice to the important role and lessons of good sci-fi.

The thing I tell most people is that we currently live under more surveillance then folks in 1984. "You had to live—did live, from habit that became instinct—in the assumption that every sound you made was overheard, and, except in darkness, every movement scrutinized." nowadays your movement is not safe even in darkness.

We would be even more screwed then folks living in that fictional regime if we backslide away from rights based democratic rule of law.

Re: American Data Privacy and Protection Act

#145

Post by hatware »

matai_kolila wrote: post #126
bdougherty wrote: post #103

Earlier quoted context omitted.

Telescreen, newspeak, mass surveillance, perpetual war, "officials" acting as if what they are saying now is always what they said, etc. It's almost easier to list the things that we don't have in common.

Literally none of those things are real as actually described in the novel. Keeping a diary is punishable by death (that's the premise of the entire story), it's kind of silly to compare that with our lives today.

In ~20 years you'll see how silly you are for welcoming totalitarianism. You won't care until it effects you.

And then it will be too late for you to do anything about it.

Re: American Data Privacy and Protection Act

#147

Post by ortusdux »

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.

Leaving the fee uncapped creates an incentive for business to put zero effort into making the reporting process efficient. That way, they can demonstrate that compliance requires 5 skilled hours (for example) and "reasonably" charge $250 per report.

Courts rule on the evidence provided. If a user challenges the fee, the company can easily document where every penny went, and therefore claim it is a reasonable charge. The user's only real recourse would be to prove that company is over-billing, but that would require evidence.

Pegging the cost to a set number of labor hours by law signals to companies that part of the cost of collecting this data is they must develop their internal systems in a way that they can quickly and easily comply with requests.

Re: American Data Privacy and Protection Act

#149

Post by scsh »

drstewart wrote: post #36
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."

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

EU laws can often be written in such a way and are a bit looser in their language in ways when compared to how it may be written in the US. EU courts are more experienced with dealing with interpretations of "reasonableness" for a given law when compared to the US, so it's not really a fair comparison.

Re: American Data Privacy and Protection Act

#150

Post by zeruch »

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.

The term is probably "regulatory capture"
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