Tag Archives: Congress

Senate Subcommittee Examines Online Advertising and Security

Yesterday, the U.S. Senate Permanent Subcommittee on Investigations held a hearing on “Online Advertising and Hidden Hazards to Consumer Security and Data Privacy.”  The hearing was based on a year-long investigation into a broader set of issues related to consumer privacy and security on the Internet, which narrowed over time to focus specifically on the … Continue Reading

Senate Commerce Committee Discusses Data Breaches

On Wednesday, the Senate Commerce Committee held a hearing on “Protecting Personal Consumer Information from Cyber Attacks and Data Breaches.”  With recent high-profile breaches, and White House officials just this week telling industry executives that federal authorities notified more than 3,000 companies of cyber attacks last year, data security continues to attract the attention of … Continue Reading

Obama Administration and House Intelligence Committee Announce Proposals to Reform NSA Bulk Collection Program

After months of debating how to reform the National Security Agency’s bulk telephony metadata program, the Obama administration confirmed on Tuesday that it will ask Congress to pass legislation that restructures the program and ends the government’s practice of retaining bulk phone records. Under the proposal, as described in media reports, the NSA would end … Continue Reading

Comparison of Five Data-Breach Bills Currently Pending in the Senate

Data security continues to be a hot issue on Capitol Hill, and just yesterday Attorney General Eric Holder urged Congress to create a “strong, national standard” for quickly reporting data breaches to consumers.  Democratic and Republican senators have been busy drafting legislation that would establish national requirements for data security and breach notice.  The following … Continue Reading

Senate Democrats Introduce Data Security and Breach Notification Act of 2014

In the wake of the high profile retailer data breaches involving Target and Neiman Marcus, among others, Capitol Hill is re-engaging on data security breach legislation.  Among other activity in Congress, Senators John D. Rockefeller IV (D-West Virginia), Dianne Feinstein (D-California), Bill Nelson (D-Florida), and Mark Pryor (D-Arkansas) recently introduced the Data Security and Breach … Continue Reading

Senate Bill Would Create ‘Stringent’ Penalties to Deter Data Breaches

Data collection and security was a big topic on the Hill last week, where five congressional committees examined the issue over several days.  On the topic of data breaches specifically, the Senate Judiciary Committee held a hearing on “Privacy in the Digital Age: Preventing Data Breaches and Combating Cybercrime” and the House Energy and Commerce … Continue Reading

Retailers Testify on Data Security at Senate Judiciary Committee Hearing, Express Support for Chip-and-PIN Technology

Last Tuesday, February 4, the Senate Committee on the Judiciary held a hearing on “Privacy in the Digital Age.” Among the panelists were Executive Vice President and Chief Financial Officer of Target, John Mulligan, and Senior Vice President and Chief Information Officer of the Neiman Marcus Group, Michael Kingston. Federal Trade Commission (“FTC”) Chairwoman Edith … Continue Reading

Congress to Hold Data Breach Hearings in Early February

On January 15, both the Senate Judiciary Committee and the House Commerce, Manufacturing, and Trade Subcommittee announced plans to hold data breach hearings in the first week of February. The Senate Judiciary Committee is set to hold its hearing on “privacy in the digital age” on February 4. The hearing will include topics such as … Continue Reading

Privacy Working Group Created in U.S. House of Representatives

On August 1, Representatives Lee Terry (R- Neb.) and Jan Schakowsky (D-Ill.) announced the creation of a bipartisan Privacy Working Group in the U.S. House of Representatives that will seek to “examine online privacy concerns and issues…with a balanced approach that recognizes the need to protect personal information online in a manner that preserves growth … Continue Reading

Senators, Justice Department Voice Support for Expanding Journalists’ Protections

A group of senators announced on Wednesday that they would renew their push for federal legislation to limit the ability of federal authorities to compel journalists to reveal information about or obtained from confidential sources, after the U.S. Department of Justice announced it would tighten its own standards for when to seek such information. The … Continue Reading

GAO to Review CFPB Data Collection Initiative

Last week, the Government Accountability Office (GAO) agreed to review the Consumer Financial Protection Bureau’s (CFPB) collection and analysis of consumer credit records in response to a request from Senator Mike Crapo (R-ID).  In a letter to the GAO Comptroller General, Sen. Crapo requested that the GAO investigate “CFPB’s data collection to determine its purpose, scope … Continue Reading

CFPB Rulemaking Agenda Includes Potential Changes to GLBA Annual Privacy Notice Requirement

Earlier this month, the Consumer Financial Protection Bureau (CFPB) posted its semi-annual update of its rulemaking agenda for the coming 12-month regulatory cycle, including recently-completed rulemakings.  The rulemaking agenda is part of a broader initiative led by the Office of Management and Budget (OMB) to publish a Unified Agenda of federal regulatory and deregulatory actions across … Continue Reading

FTC Official Highlights FCRA Enforcement as a High Priority

Earlier this month, Maneesha Mithal, Associate Director of the Federal Trade Commission’s Division of Privacy and Identity Protection, testified before the U.S. Senate Subcommittee on Consumer Protection, Product Safety, and Insurance regarding consumer report accuracy and the FTC’s efforts to improve accuracy through education and enforcement.  Her testimony emphasized the impact that consumer report errors may … Continue Reading

Cyber Theft Bill Introduced by Bipartisan Group of Senators

On Tuesday, Senators Carl Levin (D-MI), John McCain (R-AZ), Jay Rockefeller (D-WV), and Tom Coburn (R-OK) introduced the “Deter Cyber Theft Act.” The Act would require the Director of National Intelligence (“DNI”) to provide relevant congressional committees with an annual report on “foreign economic and industrial espionage in cyberspace.”  The report would require the DNI … Continue Reading

Cyber Intelligence Sharing and Protection Act Passes House Intelligence Committee

In a vote Wednesday afternoon, the House Permanent Select Committee on Intelligence passed the Cyber Intelligence Sharing and Protection Act (“CISPA”).  Eighteen Representatives voted in favor of the bill, and two–Rep. Adam Schiff (D-CA) and Rep. Jan Schakowsky (D-IL)–voted against. The Committee adopted amendments that Chairman Mike Rogers (R-MI) and Ranking Member Dutch Ruppersberger (D-MD) … Continue Reading

Amendments Expected for Cyber Intelligence Sharing and Protection Act

By David N. Fagan and Kristen E. Eichensehr  In a call with reporters Monday, Representatives Mike Rogers (R-MI) and Dutch Ruppersberger (D-MD), respectively the Chairman and Ranking Member of the House Permanent Select Committee on Intelligence (“HPSCI”), announced several planned amendments to the Cyber Intelligence Sharing and Protection Act (“CISPA”).  The bill is expected to … Continue Reading

Do Not Track Online Act Reintroduced in Senate

By Emily Borgen Legislation was reintroduced in the Senate last week that would allow Internet users to opt out of certain forms of online tracking.  The bill [PDF] was previously introduced in 2011. The “Do-Not-Track Online Act of 2013,” introduced on February 27 by Senators Rockefeller (D-W.Va.) and Blumenthal (D-Conn.), would require the Federal Trade Commission … Continue Reading

Rep. Johnson Releases Discussion Draft of Mobile App Privacy Bill Following NTIA’s 8th Meeting Concerning a Voluntary Code of Conduct

On Friday, Rep. Hank Johnson (D-Ga.) released a discussion draft of a bill for mobile privacy. Named the Application Privacy, Protection and Security Act of 2013 (“APPS Act”), the bill would obligate app developers to disclose to users the terms and conditions around the collection, use, storage, and sharing of user data. Additionally, the bill … Continue Reading

Senate Passes VPPA Amendment; Bill Heads to President Obama

Last night, the Senate passed an amendment to the Video Privacy Protection Act, 18 U.S.C. § 2710, designed to make it easier for users to share their online video viewing activities.   (We’ve discussed the amendment’s content here and here.)  President Obama is expected to sign the bill into law.  Netflix, the most prominent backer of … Continue Reading

House Passes Updated VPPA Amendment

Continuing the flurry of activity around privacy legislation that we have seen over the past few weeks, the House today passed an amendment to the Video Privacy Protection Act (“VPPA”), 18 U.S.C. § 2710.  The bill would amend the VPPA by clarifying that a consumer may consent to the disclosure of her video viewing information … Continue Reading

FTC to Study Data Broker Industry’s Collection and Use of Consumer Data

Less than a week after the Bi-Partisan Congressional Caucus’s briefing on data brokers and privacy, the Federal Trade Commission has issued orders requiring nine data brokerage companies to provide the agency with information about how they collect and use data about consumers. The nine data brokers receiving orders from the FTC were:  Acxiom, Corelogic, Datalogix, … Continue Reading

FTC Announces Amended Rule on Identity Theft “Red Flags”

On Friday, November 30, the Federal Trade Commission (FTC) issued an Interim Final Rule to amend its Red Flags Rule, which requires certain financial institutions and creditors to establish programs to detect, prevent and mitigate identity theft in connection with consumer accounts.  The Interim Final Rule narrows the definition of “creditor” in response to legislation … Continue Reading

Senate Judiciary Committee Passes Amendment to ECPA, VPPA

Today, the Senate Judiciary Committee passed the much-discussed update to the Electronic Communications Privacy Act of 1986 and the Video Privacy Protection of 1988 (“VPPA”).  The Committee adopted Senator Leahy’s manager’s amendment (which we discussed here), with a minor modification proposed by Senators Cornyn and Lee.  Senator Feinstein also offered an amendment to the VPPA … Continue Reading
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