Online privacy
Consumer Privacy Before Congress This Week: What We Learned and What’s Next
The week of Feb 25 featured back-to-back privacy hearings on Capitol Hill to discuss principles for federal privacy legislation. Industry players that have fiercely lobbied against federal privacy legislation in years past are now suddenly calling on Congress to pass a comprehensive privacy bill. Here’s a quick look at what happened in each hearing and a few key takeaways.
The Role of Antitrust Law When Mergers Threaten Consumer Privacy
Where does antitrust law fit in when consumer privacy is at stake? Antitrust law promotes competition—not privacy. The courts’ interpretation of antitrust laws limits their ability to protect privacy. The slow nature of law enforcement means that protecting privacy through antitrust enforcement alone would likely still leave consumers vulnerable.
Critics say FTC's fine against app now known as TikTok doesn't go far enough
Some Federal Trade Commission officials are calling the agency's $5.7 million fine against Musical.ly (now known as TikTok) for children’s privacy violations a “big win.” But critics say it highlights how Washington regulators aren’t doing enough to keep kids safe online. “While this fine may be a historic high for a [Children's Online Privcacy Protection Act (COPPA)] violation, it is not high enough for the harm that is done to children and to deter violations of the law in the future by other companies,” Sen Ed Markey (D-MA) said.
A Federal Data Privacy Framework?
The Senate Commerce Committee held a hearing a federal data privacy law -- and displayed the same political divide that appeared in a House hearing earlier in the week. Republicans and industry witnesses warned against a "patchwork" of potentially conflicting state privacy regimes, perhaps most notably the California privacy law that takes effect in 2020. Senate Commerce Committee Chairman Roger Wicker (R-MS) and various witnesses from the telecommunications and computer industries talked throughout about needing strong federal regulation, addressing concern that stronger state regulations
Every day, Internet users interact with technologies designed to undermine their privacy. And the law says this is okay because it is mainly up to users to protect themselves—even when the odds are deliberately stacked against them. In this talk, Professor Hartzog will argue that the law should require software and hardware makers to respect privacy in the design of their products. Current legal doctrine treats technology as though it is value-neutral: only the user decides whether it functions for good or ill. But this is not so.
Largest FTC COPPA settlement requires Musical.ly to change its tune
The operators of the video social networking app Musical.ly, now known as TikTok, have agreed to pay $5.7 million to settle Federal Trade Commission allegations that the company illegally collected personal information from children. This is the largest civil penalty ever obtained by the Commission in a children’s privacy case. The Musical.ly app allowed users to create short videos lip-syncing to music and share those videos with other users.
Former FCC Chair Tom Wheeler Says The Internet Needs Regulation
A Q&A with former Federal Communications Commission Chairman Tom Wheeler.
House Privacy Hearing Shows Representatives United on Privacy, Divided on Details
The House Consumer Protection Subcommittee hearing on privacy showcased both the bipartisan call for federal legislation and the reason a bipartisan bill will be no slam dunk. Republican representatives talked about privacy, but also about the need to protect small businesses, the targeted-ad based internet economy, and talked up the wisdom of preempting state attempts to regulate privacy that veer into the feds lane.
California attorney general looks to expand new data privacy law
The California state attorney general is aiming to give more teeth to a new data privacy law before it takes effect in 2020 by expanding his and Californians’ right to sue companies for damages. Under SB561, unveiled by CA Attorney General Xavier Becerra and CA state Sen Hannah-Beth Jackson (D-Santa Barbara), consumers would be able to take a business to court for sharing or selling their personal information without permission.
Senate Commerce Republicans Seek Answers on Google Nest Undisclosed Microphones
Senate Commerce Committee Chairman Roger Wicker (R-MS), together with Consumer Protection Subcommittee Chairman Jerry Moran (R-KS) and Communications Subcommittee Chairman John Thune (R-SD), sent a letter to Google chief executive officer Sundar Pichai seeking information about recent news that Google had not disclosed the presence of a microphone in its Nest Secure home security device.