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American Data Privacy and Protection Act

congress.gov

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Re: American Data Privacy and Protection Act

#151
post #27

You can also see which companies sent lobbyists to work on this bill. https://www.opensecrets.org/federal-lobbying/bills/summary?c...

There's been some good reporting on the lobbying on ADPPA

What Microsoft, IBM and others won as the privacy bill evolved - https://www.protocol.com/newsletters/policy/cloud-enterprise...

Privacy bill triggers lobbying surge by data brokers - Privacy bill triggers lobbying surge by data brokers

Re: American Data Privacy and Protection Act

#153
post #152

Maybe I'm too romantic, but I'd like to see an american GDPR (not saying that the eu name or the bill itself is better), and then an Asian and so on till we have one global GDPR protecting all consumer data.

GDPR is a horrible horrible solution and only helps the big corporations who can afford all the extra work to ensure that users who actually end up agreeing to the terms are locked in.

It helps no one besides politicians who now have create more work for them selves, and is an abomination just like the cookie policy.

Re: American Data Privacy and Protection Act

#155
post #131
post #48

It's not clear that ADPPA will move forward. The current version preempts California's CCPA/CPRA legislation, and (big surprise) California doesn't like that. But, that's far from the only issue with it. Here's an update from a couple of weeks ago which discusses some of the problems, as well as potential next steps. https://thenexusofprivacy.net/adppa-new-compromise/ And, here's EFF's position: " Americans Deserve M…

Preemption would be an enormous mistake. Federal legislation moves at a glacial pace. In a field like privacy, you may only get to pass one substantial bill every 10 or 15 years. Technology moves too quickly for lawmakers at the Federal level to keep up. States can move much faster. Justice Brandeis popularized the phrase that "[the] states are the laboratories of democracy" and digital privacy law is a text book cas…

Yep, I personally only want federal pre-emption for restrictions on government. Shall not infringe type stuff.

Re: American Data Privacy and Protection Act

#156

Earlier quoted context omitted.

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.

It doesn't work like that. Once Congress enacts something then it can be preempted by federal law. Just because the activity took place in a single state doesn't mean that the Federal courts don't have jurisdiction. Erisa is a good example.

I wasn't arguing that, I was saying that it's not an unambiguous case of interstate commerce. Congress shouldn't be pre-empting the laws of California insofar as they apply to intrastate commerce. You can set a federal minimum and let each state enhance laws as they see fit.

Re: American Data Privacy and Protection Act

#157
post #135

Earlier quoted context omitted.

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”.

Patriot

Re: American Data Privacy and Protection Act

#158
One of the logistical issues with a law like this, and with the CCPA, is verification of the user requesting things such as account deletion. How are people supposed to do that without providing KYC-level details to every service provider?

Re: American Data Privacy and Protection Act

#159
The ADPPA seems like a great example of regulatory capture and gridlock of the federal government by rich corporations and individuals and how federalism (state's rights) is a crucial and increasingly fragile element in holding our economy and our society together. Privacy is a particularly fraught area. SCOTUS says it's not a constitutional right at all (unless it's your money, in which case it's speech), which means states will have to define not data privacy and the limits of the surveillance economy but abortion and marriage and contraception too.

Re: American Data Privacy and Protection Act

#160

Earlier quoted context omitted.

I mean, at our company, GDPR requests have to cost at least $50 a pop. It goes to a human team to review and process with a dedicated legal representative.

Not my problem. You're the one collecting the data. You pay for the costs. Can't afford to collect my data? Go out of business then.

We have to process the request regardless of whether we actually have your data or not.
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