You may have heard the phrase “dark patterns” as shorthand for various user interfaces designed to influence users’ decisions. They can range from the perfectly innocent to the unethical, and even illegal. Whatever the form, dark patterns have recently drawn attention from the mainstream press. Dark patterns are coming out from the shadows. And when … Continue Reading
At a February 27, 2019 hearing on “Privacy Principles for a Federal Data Privacy Framework in the United States,” Republican and Democratic members of the Senate Commerce, Science, & Transportation Committee offered different perspectives on whether new federal privacy legislation should preempt state privacy laws.… Continue Reading
On February 26, 2019, a key House subcommittee held a hearing to explore the possible contours of new federal privacy legislation. At the hearing, Rep. Jan Schakowsky (D-IL)—who chairs the Energy & Commerce Committee’s Subcommittee on Consumer Protection and Commerce—said the hearing on “Protecting Consumer Privacy in the Era of Big Data” was only the … Continue Reading
This month, the Government Accountability Office (“GAO”) released a report recommending that Congress consider enacting a federal internet privacy law in the United States. The 56-page independent report was requested by the House Energy and Commerce Committee, which has scheduled a hearing on data privacy on February 26, during which it plans to discuss the GAO’s … Continue Reading
One week from today, Covington will host its first webinar in a series on connected and automated vehicles (“CAVs”). The webinar will take place on February 27 from 12 to 1 p.m. Eastern Time. During the webinar, Covington’s regulatory and legislative experts will cover developments in U.S. law and regulations relating to CAVs. Those topics … Continue Reading
On Tuesday, Joseph Simons was sworn in as the new Chairman of the Federal Trade Commission. The five-member Commission will soon be at full strength, as Simons is set to be joined by four other new FTC Commissioners, each of which were confirmed for seven-year terms by the Senate on April 26: Democrats Rebecca Kelly … Continue Reading
On April 24, 2018, Senators Amy Klobuchar (D-MN) and John Kennedy (R-LA) introduced the Social Media Privacy and Consumer Rights Act of 2018. The bill aims to protect consumers’ online data by increasing the transparency of data collection and tracking practices, and requiring companies to notify consumers of a privacy violation within 72 hours. “Our … Continue Reading
Last week, President Trump nominated four new commissioners to the Federal Trade Commission (“FTC”): Joseph J. Simons, an antitrust attorney, as Chairman; Noah Joshua Phillips, chief counsel for Senate Majority Whip John Cornyn (R-Texas), for the second Republican seat; Christine Wilson, an executive for Delta Air Lines, for the third Republican seat; and Rohit Chopra, … Continue Reading
On January 9, the House of Representatives passed the Cyber Vulnerability Disclosure Reporting Act by voice vote. The Act directs the Secretary of the U.S. Department of Homeland Security (“DHS”) to prepare a report describing the policies and procedures that DHS developed to coordinate the cyber vulnerability disclosures. Under the Homeland Security Act of 2002 … Continue Reading
Last week, the Advisory Committee to the Congressional Internet Caucus hosted “Hacking: What Color Is Your Hat? Vulnerability Disclosures and the Law,” a discussion on the importance of vulnerability disclosures to protect information systems and the nation’s cyber security defenses, and how private and public actors can safely encourage vulnerability reporting. Technology and security companies … Continue Reading
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
The House voted today to adopt a joint resolution to repeal the FCC’s broadband privacy rules, following the Senate’s vote to adopt the same resolution last week. President Trump is expected to sign the resolution into law, which overrules the FCC rules that were set to go into effect later this year. The mechanism for … Continue Reading
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
Following the announcement of the President’s Cybersecurity National Action Plan (CNAP), an initiative designed to “enhance cybersecurity capabilities within the Federal Government and across the country,” the White House has released a fact sheet outlining the different components of the CNAP. The announcement of the CNAP follows the President’s request for $19 billion in funding … Continue Reading
According to a recent analysis by the Congressional Research Service (“CRS”), the extent of state law preemption in recent federal legislative proposals relating to data security is unclear. Several bills introduced in the 114th Congress would impose federal data security or breach notification requirements on covered entities, similar to existing requirements in nearly every state. … Continue Reading
Although Senator Rand Paul (R-KY) may have received the most attention for his attendance at South by Southwest (“SXSW”) Interactive, many other members of Congress were represented this year. Continuing our coverage of the conference, this past weekend we attended a panel on “The Future of Privacy,” featuring congressional representatives Darrell Issa (R-CA), Suzan DelBene … Continue Reading
By Caleb Skeath Last week, Reps. Joe Barton (R-TX) and Bobby Rush (D-IL) re-introduced the Data Accountability and Trust Act (DATA Act) in the House of Representatives. The bill (H.R. 580), which has been introduced several times in previous years, would provide a nationwide data security standard, backed by FTC enforcement and civil penalties, as … Continue Reading
By Caleb Skeath Earlier this week, the Senate Committee on Homeland Security and Governmental Affairs held its first hearing of the new Congress, entitled “Protecting America from Cyber Attacks: The Importance of Information Sharing.” The hearing focused in large part on the White House’s recent information sharing proposal, which would protect private entities from civil … Continue Reading
This morning, the House Subcommittee on Commerce, Manufacturing, and Trade, chaired by Rep. Michael Burgess (R-TX), held a hearing to determine what elements should be included in federal data breach legislation. Despite the momentum for legislation created by high-profile breaches at retailers like Target and Home Depot, and most recently at Sony, ongoing efforts in … Continue Reading
Tomorrow at 10:00 a.m., the House Subcommittee on Commerce, Manufacturing, and Trade will hold a hearing to determine what elements should be included in federal data-breach legislation. The following witnesses are scheduled to testify: Elizabeth Hyman, Tech America Executive Vice President of Public Policy Jennifer Glasgow, Acxiom Chief Privacy Officer Brian Dodge, Retail Industry Leaders Association … Continue Reading
Data security and privacy concerns received special attention in President Obama’s State of the Union address last night. As expected, the President advocated his recently released data security and privacy legislative proposals, which InsidePrivacy has covered extensively. With regard to data security, President Obama urged Congress to pass legislation to guard against cyber-attacks, combat identity … Continue Reading
On Tuesday, President Obama announced his proposal for legislation that would encourage sharing of cyber threat information between the public and private sector by shielding private entities from liability for sharing information on cyber threats. The White House has since released the text of the proposed bill, which includes limitations on liability for private entities … Continue Reading
Following the Guardian’s recent exposé on Whisper’s consumer-privacy practices, alleging that the social-media app that supposedly allows people “to anonymously share [their] thoughts with the world . . . in a community built around trust and honesty,” in fact tracks the geolocation of users who opted out of such data collection, Chairman of the Senate … Continue Reading
By David Fagan, Richard Hertling, and Kate Goodloe Senate Judiciary Chairman Patrick J. Leahy introduced a new version of the Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act of 2014 (the “USA FREEDOM Act” or “Act”) in the Senate on Tuesday, more than two months House of Representatives passed … Continue Reading
