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American Data Privacy and Protection Act

congress.gov

261–270 of 313 posts

Re: American Data Privacy and Protection Act

#261

Earlier quoted context omitted.

>>Preemption would be an enormous mistake Preemption is always a mistake, i am not sure why everyone wants federal laws for everything, without even touching the fact that Data privacy is in no way even close to any of the enumerated power of the US Federal Government Federal Laws almost always favor large companies, the exact companies these laws are needed to protect the consumer from Facebook, Microsoft, etc would…

> without even touching the fact that Data privacy is in no way even close to any of the enumerated power of the US Federal Government In what way is data privacy regulation for corporations not a regulation on interstate commerce? That's like, the whole deal. That's the entire internet. If anything, Internet regulations applying at the state level is even more insane, because of the inherently cross-state nature of…

Because the original concept of "interstate commerce" was trade disputes among the states.

Wickard that expanded that to include all commerce that may touch another state even indirectly was / is one of the WORST supreme court decision ever and it is eternal dream that the Supreme Court will reverse it and instantly shrink the power of federal government by at least 75%

Re: American Data Privacy and Protection Act

#262

Earlier quoted context omitted.

>>Preemption would be an enormous mistake Preemption is always a mistake, i am not sure why everyone wants federal laws for everything, without even touching the fact that Data privacy is in no way even close to any of the enumerated power of the US Federal Government Federal Laws almost always favor large companies, the exact companies these laws are needed to protect the consumer from Facebook, Microsoft, etc would…

> i am not sure why everyone wants federal laws for everything I'm not sure why anyone wants to be held to 50+ different and conflicting privacy and data protection requirements just to have a website or provide a service online because that's what we'd be getting if we left online privacy regulation up the states.

I dont, I want to be held to the standard of my State, for which I would have more control over than the federal government's one which is often influenced more greatly by states like NY, CA, TX or FL none of which I reside in an have no desire to live under either extreme's of those states

Re: American Data Privacy and Protection Act

#263

Earlier quoted context omitted.

> i am not sure why everyone wants federal laws for everything I'm not sure why anyone wants to be held to 50+ different and conflicting privacy and data protection requirements just to have a website or provide a service online because that's what we'd be getting if we left online privacy regulation up the states.

I dont, I want to be held to the standard of my State, for which I would have more control over than the federal government's one which is often influenced more greatly by states like NY, CA, TX or FL none of which I reside in an have no desire to live under either extreme's of those states

> I dont, I want to be held to the standard of my State,

that's not possible for people who do business with people who live in other states. If I make a website in Ohio I'm responsible for following Florida's laws on how I handle data collected from Florida's citizens.

If you never create a business or service that anyone from any other state or country uses you'll never have to worry about compliance with their laws, but most of us want to build things for more than just the people in our immediate surroundings.

Re: American Data Privacy and Protection Act

#264

Earlier quoted context omitted.

> Would never clear filibuster. A filibuster by who? Neither party would support any privacy rules that placed any undue importance on privacy.

I'm mostly just projecting based on the current 48+2+50 state of the Senate where virtually everything gets held up. If the Democrats brought it forward, I would expect the Republicans to filibuster just on principle.

Slight historical aside here: for those too young to have been politically aware before the Obama era, the filibuster (a) is in the modern form a relatively recent invention (b) was rarely used prior to the Mitch McConnell era. McConnell and the Fox News generation of the Republican Party turned what was meant to be a tool for a last-resort veto into a sledgehammer continuously used to bludgeon the other side.

Re: American Data Privacy and Protection Act

#265

Earlier quoted context omitted.

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

seems like you should either make the lookup automatable or stop collecting. eu citizens wont have such a fee.

>make the lookup automatable

Yes we should. But there are a few too many systems, and we add and drop systems with such regularity that it would still be a non-stop engineering challenge.

>stop collecting

For the few records we do return as part of GDPR requests, they are usually associated to customer and billing data. I don't know how you run a business without that.

> eu citizens wont have such a fee.

They do and it's collected in the cost of higher product costs.

Re: American Data Privacy and Protection Act

#266

Earlier quoted context omitted.

I dont, I want to be held to the standard of my State, for which I would have more control over than the federal government's one which is often influenced more greatly by states like NY, CA, TX or FL none of which I reside in an have no desire to live under either extreme's of those states

> I dont, I want to be held to the standard of my State, that's not possible for people who do business with people who live in other states. If I make a website in Ohio I'm responsible for following Florida's laws on how I handle data collected from Florida's citizens. If you never create a business or service that anyone from any other state or country uses you'll never have to worry about compliance with their law…

>>If I make a website in Ohio I'm responsible for following Florida's laws on how I handle data collected from Florida's citizens.

Why? For decades in the US we have had the concept of "Nexus", and just because a person visits your website in Ohio from Florida does not you have a Nexus in FL to where you need to follow FL Law

Just like today if I put up a website, and a person from the EU visits it, I as a US Citizen with no business interests in the EU have no obligation to follow GDPR or put up cookie notices or any other EU Laws

Re: American Data Privacy and Protection Act

#267
post #199

Earlier quoted context omitted.

> specifically speaking 1984 is not a reflection of current reality for Americans, and you seem to agree with that Of course 1984 is not a reflection of current reality. it was not a reflection of current reality back when it was written. Science fiction is not a fun-house mirror reflecting back a warped version of the present, its a kaleidoscope looking into the future. I have not seen anyone in this thread say "198…

> 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. > The thing I tell most people is that we currently live under more surveillance then folks in 1984. > In ~20 years you'll see how silly you are for welcoming totalitarianism. You won't care until it effects you.…

> (you're misconstruing what I wrote for rhetorical value, but if you look at what I actually claimed, these quotes fit).

Your right, I am! Aint rhetoric grand? Its such a powerful tool, and 1984 was such a sublime and impactful example of rhetoric that more then 70 years later its still being routinely invoked to create discussion just like this one.

Although I guess I would say "deliberately exaggerating" rather then "misconstruing", but that's being too nitpicky right out the gate. being nitpicky should come in the middle of the comment, like so:

> what I originally said

was "It's nothing at all like how we live today". Which would be a valid criticism in the lord of the rings example, since it is fundamentally a work of fantasy. but not so with 1984. There are a number of incredibly striking parallels, some of which you helpfully highlighted.

> You don't get to just hand select a few things from the novel and say, "Look, 1984!" in the same way you don't get to cite "well the humans in Lord of the Rings breathed air so it's the same as today!"

I do actually get to do just that, depending on what those things are. Although I would look silly if did the lord of the rings thing. Everyone knows they breathe Aether.

But as I said, the whole point of 1984 was to be a warning about the dangers of a world where totalitarianism wins. 1984 was a rhetorical tool. Taking a few things from the novel and highlighting the similarities in an effort to convince others of the potential danger of a all powerful government is pretty much exactly the function it was written to serve.

> without the critical, "or else you die" consequences of misbehavior in the 1984 novel, none of the "scary" things in the novel carry anything remotely approaching the weight or meaningfulness.

I am going to assume you dont mean this part literally and are exaggerating for effect (or maybe I'm just misunderstanding you) because I don't think you mean to say that making comparisons between 1984 and modern life would not be apt unless the US government had an active policy of killing people for dissenting speech/writing/thought-crime.

I think what you are trying to say is that the harsh brutality of 1984 is so distant from modern reality in the US, that any rhetorical arguments analogizing to it is de-facto excessive hyperbole?

I disagree, and to highlight why, let me ask two questions. first, as you say, 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.

But in Orwells time the UK (where he lived and where the novel takes place) did not punish people with death sentences and torture for writing "down with the king" in their private diaries. In your mind, would making comparisons between the status quo of the UK in 1948 when the book was published and the future world imagined by orwell have been apt?

To further clarify this question, what, In your view, would the status quo of civil rights and the rule of law need to be for a comparison to 1984 need to be to be apt? that is tosay, on the spectrum between "government punishes you with a fine, after a fair trial, for not paying taxes" and "government openly admits it kills people for thought crime" do we have to fall?

If I'm entirly off base, and you do think that making comparisons between 1984 and modern life would not be apt unless the US government had an active policy of killing people for dissenting speech/writing/thought-crime, then I would gently remind you again that the purpuse of 1984 was to serve as a rhetorical warning, and that a warning sign that you cant see until the danger is right on top of you is utterly useless.

Re: American Data Privacy and Protection Act

#268
post #132

Earlier quoted context omitted.

The ACLU also does a lot of great privacy work, so donating to them is also a good idea if you care about this stuff. National ACLU does a lot of great work, but I personally suggest giving to your local affiliate https://www.aclu.org/about/affiliates , as they are often the ones who work on local issues that are likely to directly impact you. We do privacy lobbying at the municipal and state level and our local ACLU…

You have not been paying attention to the ACLU.

I pay pretty damn close attention to the ACLU.

> We do privacy lobbying at the municipal and state level and our local ACLU affiliate has been a huge, huge ally.

I disagree with them on a whole range of issues, but when it comes to privacy and mass surveillance they are almost always spot on. Most of my disagreements in that area have to do more with political tactics and messaging then anything else.

Re: American Data Privacy and Protection Act

#269

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. > The thing I tell most people is that we currently live under more surveillance then folks in 1984. > In ~20 years you'll see how silly you are for welcoming totalitarianism. You won't care until it effects you.…

> Three examples from this thread (one by you) of folks claiming "1984 is totally real and not a work of fiction", I'm not sure that you can accuse anyone of misconstruing anything unless you can find this quote in another comment, or anything resembling it.

I'm not sure thats a fair reading of this persons argument, since I did deleberatly exaggerate their position.

Re: American Data Privacy and Protection Act

#270

Earlier quoted context omitted.

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

Patriot

"Families", or "Children"
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