Online privacy

The information pings around the world at the speed of a click, becoming a kind of borderless currency that underpins the digital economy. Largely unregulated, the flow of bits and bytes helped fuel the rise of transnational megacompanies like Google and Amazon and reshaped global communications, commerce, entertainment and media. Now the era of open borders for data is ending.

Federal Trade Commission Chair Lina M. Khan announced that an open meeting of the Commission will be held virtually on Thursday, May 19, 2022. The following items will be on the tentative agenda:

Shopping for something online, streaming a video, or scrolling through an article all pose severe risks to personal privacy, as websites, platforms, apps, and tech companies collect massive amounts of data on their users. Just getting online in the first place, however, poses a great risk as well. Internet service providers (ISPs) are uniquely positioned to take advantage of personal data, as they have near-total access to all traffic flowing over their networks. Broadband providers routinely collect data on users’ locations, web browsing, app usage history, and more.

The Federal Bureau of Investigation performed potentially millions of searches of American electronic data in 2021 without a warrant, US intelligence officials said April 29, a revelation likely to stoke longstanding concerns in Congress about government surveillance and privacy.

In just the last few years, Europe has seen a landmark law for online privacy take effect, approved sweeping regulations to curb the dominance of the tech giants and is nearing a deal on new legislation to protect its citizens from harmful online content. For those keeping score, that’s Europe: three.

Canada, Japan, the Republic of Korea, the Philippines, Singapore, Chinese Taipei, and the United States of America are establishing a Global Cross-Border Privacy Rules (CBPR) Forum to promote interoperability and help bridge different regulatory approaches to data protection and privacy.  The objectives of the Global CBPR Forum are to:

Federal Communications Commissioner Brendan Carr called publicly for the Federal Trade Commission to open an investigation into the nonprofit Crisis Text Line (CTL) over the suicide hotline’s former data-sharing practices with for-profit spinoff Loris.ai.

The United States and the European Commission have committed to a new Trans-Atlantic Data Privacy Framework, which will foster trans-Atlantic data flows and address the concerns raised by the Court of Justice of the European Union when it struck down in 2020 the Commission’s adequacy decision underlying the EU-US Privacy Shield framework. By ensuring a durable and reliable legal basis for data flows, the new framework will underpin an inclusive and competitive digital economy and lay the foundation for further economic cooperation. Through the framework, the US makes commitments to:

The tech industry is lobbying statehouses across the country to pass privacy bills that critics call weak. Most tech firms would prefer a nationwide law, but since Congress hasn't budged on the issue, the industry now seeks to preempt states from approving tougher privacy rules like California's. Utah lawmakers considered and passed a state privacy bill in less than two weeks, and it's now awaiting the governor's signature. Utah would become the fourth state with a privacy law, following Colorado, Virginia and California.

Rep. Lori Trahan (D-MA-03), a member of the House Commerce Committee’s Consumer Protection and Commerce Subcommittee, unveiled the Digital Services Oversight and Safety Act (DSOSA), comprehensive transparency legislation to establish a Bureau of Digital Services Oversight and Safety at the Federal Trade Commission that would have the authority and resources necessary to hold powerful online companies accountable for the promises they make to users, parents, advertisers, and enforcers.