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New ECPA Reform Legislation Introduced in the Senate

By Lauren Moxley In late July, three bipartisan bills to reform the Electronic Communications Privacy Act of 1986 (“ECPA”) were introduced in the Senate. Each of the bills propose different updates to ECPA, which governs law enforcement access to consumer information stored with service providers. As we have discussed here, here, here, and here, the … Continue Reading

A Summary of the Recently Introduced “Internet of Things (IoT) Cybersecurity Improvement Act of 2017”

On August 1, 2017, a bipartisan group of Senators introduced legislation (fact sheet) that would establish minimum cybersecurity standards for Internet of Things (“IoT”) devices sold to the U.S. Government.  As Internet-connected devices become increasingly ubiquitous and susceptible to evolving and complex cyber threats, the proposed bill attempts to safeguard the security of executive agencies’ … Continue Reading

Senate, House, and FTC Seek to Steer the Course of Self-Driving Vehicles

Members of Congress are gearing up for national laws on autonomous vehicles. Last week in the Senate, John Thune (R-S.D.), Gary Peter (D-Mich.), and Bill Nelson (D-Fla.) released a list of principles for bipartisan legislation in advance of a hearing they convened on June 14, 2017, entitled “Paving the Way for Self-Driving Vehicles.”  In the … Continue Reading

New Republican Privacy Bill Would Expand Scope of “Sensitive” Data

Representative Marsha Blackburn (R-TN) has introduced a bill, the “Balancing the Rights of Web Surfers Equally and Responsibly Act of 2017” (“BROWSER Act,” H.R. 2520) that would  create new online privacy requirements.  The BROWSER Act would require both ISPs and edge providers (essentially any service provided over the Internet) to provide users with notice of … Continue Reading

Privacy Shield Approaches 2,000 Participants; Review Scheduled for September

Nearly 2,000 organizations are now listed as self-certified to the EU-U.S. Privacy Shield on the Department of Commerce’s (“Commerce”) Privacy Shield website.  Given current developments on both sides of the Atlantic, there are likely to be significant Privacy Shield developments in the coming months. EU Justice Commissioner Věra Jourová recently concluded her visit to the … Continue Reading

Legislation Introduced in House and Senate to Establish Drone Privacy Rules

By Stephen Kiehl Continuing their focus on drone privacy issues, Senator Edward J. Markey (D-Mass.) and Rep. Peter Welch (D-Vt.) introduced legislation in the House and Senate this month that would require drone operators to create policies covering data collection and retention and require warrants for law enforcement agencies to conduct surveillance by drone. The … Continue Reading

Senators Reintroduce Cybersecurity Legislation for Cars and Planes

Senators Ed Markey (D-MA) and Richard Blumenthal (D-CT) reintroduced a pair of bills today relating to the cybersecurity of cars and aircraft, which would impose affirmative security, disclosure, and consent requirements on manufacturers and air carriers.  The Security and Privacy in Your Car (“SPY Car”) Act and Cybersecurity Standards for Aircraft to Improve Resilience (“Cyber … Continue Reading

House Democrats Propose Three Bills that Would Bolster FCC Influence over Cybersecurity

On March 2nd, Democratic members of the House Energy and Commerce Committee introduced three pieces of legislation that would expand the Federal Communications Commission’s (FCC) authority over the cybersecurity practices of communications network providers. The first bill, the “Securing IoT Act of 2017” (introduced by Rep. Jerry McNerney (D-CA)), would expand the FCC’s certification authority … Continue Reading

Senators Seek Answers from DHS on Privacy Aspects of Trump Order, Including Privacy Shield

On February 9, 2017, six Democratic senators wrote to DHS Secretary John Kelly about their concerns over a Trump executive order that would remove Privacy Act protections for non-U.S. citizens and lawful permanent residents. Senators Ed Markey (MA), Ron Wyden (OR), Jeff Merkley (OR), Al Franken (MN), Chris Coons (DE), and Mazie Hirono (HI) wrote … Continue Reading

Commerce Releases Green Paper on Approach to Supporting IoT, Seeks Public Comment

The Department of Commerce released a “green paper” earlier this month proposing steps the Department can take to advance and support the Internet of Things (“IoT”).  The report includes recommendations based on comments submitted to the Department in response to an April 2016 Request for Comment as well as feedback from a September 2016 IoT … Continue Reading

House Members Reintroduce Email Privacy Act

On January 9, 2017, Representatives Kevin Yoder (R-Kan.) and Jared Polis (D-Colo.) reintroduced the Email Privacy Act.  According to Rep. Yoder’s spokesman, the text of the bill is similar to the version the House of Representatives unanimously approved last April, but which did not pass the Senate.  As we previously reported, the proposed changes would … Continue Reading

The Commission on Enhancing National Cybersecurity Releases Its Report on Securing and Growing the Digital Economy

On December 1, 2016, the Commission on Enhancing National Cybersecurity released its Report on Securing and Growing the Digital Economy. In its Report, the Commission, established in February 2016 by President Obama, provided detailed short- and long-term recommendations to strengthen cybersecurity in the public and private sectors. The Commission took a multi-stakeholder approach, emphasizing the … Continue Reading

Bill Criminalizing “Revenge Porn” Introduced in Congress

Today, Rep. Jackie Speier (D-Calif.) introduced legislation that would criminalize the non-consensual distribution of sexually explicit images, commonly referred to as “revenge porn.” The Internet Privacy Protection Act would make it a federal crime for individuals to knowingly distribute sexually explicit images or video of a person without or with a “reckless disregard” for their … Continue Reading

NTIA Multistakeholder Group Reaches Consensus on Best Practices for Commercial Use of Facial Recognition Technology

Last week, the multistakeholder group convened by the National Telecommunications and Information Administration (“NTIA”) to create set of voluntary best practices for the commercial use of facial recognition technology finalized its guidelines.  While the three-page code of conduct was praised by industry groups, including the Software & Information Industry Association and Consumer Technology Association, many … Continue Reading

House Unanimously Passes Email Privacy Act

On April 27, the House of Representative unanimously passed the Email Privacy Act.  As previously reported, the proposed changes would strengthen the privacy protections for email and other cloud-storage services by closing a loophole that allowed law enforcement to access older data without obtaining a warrant. However, while there is widespread support to require warrants … Continue Reading

Senate Panel Passes “Internet of Things” Bill

Yesterday, the Senate Commerce Committee passed a bill meant to increase government involvement in the development of the “Internet of Things” (IoT). By a voice vote, the committee approved the Developing Innovation and Growing the Internet of Things (DIGIT) Act, sponsored by Sen. Deb Fischer (R-Neb.), Sen. Kelly Ayotte (R-N.H.), Sen. Cory Booker (D-N.J.), and … Continue Reading

House Judiciary Committee Approves Email Privacy Act

In a unanimous vote, the House Judiciary Committee approved the Email Privacy Act, a long-awaited update to the 30-year-old Electronic Communications Privacy Act (ECPA).  The proposed changes would strengthen the privacy protections for email and other cloud-storage services by closing a loophole that allowed law enforcement to access older data without obtaining a warrant.  The … Continue Reading

NTIA Release Requests for Comments on IoT Issues

Yesterday, the National Telecommunications and Information Administration (NTIA), part of the U.S. Department of Commerce, issued a Request For Public Comment (RFC) seeking comment on the benefits, challenges, and potential roles for the government in fostering the advancement of the Internet of Things (IoT). NTIA issued the RFC as part of the Commerce Department’s Digital … Continue Reading

EU-U.S. Privacy Shield Package Released

By Monika Kuschewsky and Vera Coughlan Today, the European Commission published the text of the new EU-U.S. Privacy Shield (see the Commission’s press release here), which consists of: a draft adequacy decision; the EU-U.S. Privacy Shield Framework Principles issued by the U.S. Department of Commerce; and the official representations and commitments contained in separate letters … Continue Reading

Commerce Releases Fact Sheet on the EU-U.S. Privacy Shield

As we reported yesterday, the United States and the European Commission have reached a political agreement on a new framework for transatlantic data flows, referred to as the EU-U.S. Privacy Shield.  The U.S. Department of Commerce (“Commerce”) released a fact sheet yesterday to coincide with the announcement of the agreement. The fact sheet includes a … Continue Reading

Agreement Reached on New EU-U.S. Safe Harbor: the EU-U.S. Privacy Shield

By Dan Cooper, Phil Bradley-Schmieg and Joseph Jones Today (February 2nd, 2016), the European Commission and U.S. Government reached political agreement on the new framework for transatlantic data flows.  The new framework – the EU-U.S. Privacy Shield – succeeds the EU-U.S. Safe Harbor framework (for more on the Court of Justice of the European Union … Continue Reading

Senate Committee Passes Judicial Redress Act, May Assist Safe Harbor Negotiations

The Senate Judiciary Committee today successfully reported H.R. 1428, the Judicial Redress Act of 2015.  However, the bill included an amendment to the House-passed version that has the potential to influence current negotiations between the United States and the European Union to reach a new Safe Harbor agreement. As we previously reported, the Judicial Redress … Continue Reading

Senators Introduce Bill Requiring Cybersecurity Expertise Reports to SEC

On December 17, 2015, Senators Reed (D-RI) and Collins (R-ME) introduced the Cybersecurity Disclosure Act of 2015 (S. 2410), which has been referred to the Committee on Banking, Housing, and Urban Affairs.  According to the press release accompanying the bill, it “seeks to strengthen and prioritize cybersecurity at publicly traded companies by encouraging the disclosure … Continue Reading
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