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
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
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
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
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
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
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
By Hannah Lepow On October 20, the U.S. House of Representatives passed a bill that would expand the privacy rights of citizens of the European Union in the United States. The bill, known as the Judicial Redress Act of 2015, would allow EU citizens and citizens of other allied nations limited rights to file suit … Continue Reading
Earlier this week, an information-sharing bill and a data breach bill passed through committee votes in the House, setting the stage for potentially significant legislative action on key cybersecurity issues in the near future. On Tuesday, the House Homeland Security Committee approved the National Cybersecurity Protection Advancement Act by a unanimous voice vote, following a … Continue Reading
By Ani Gevorkian The issues of data breach notification and data security issued received a fair amount of attention in the House this week: On Wednesday, the House Energy and Commerce Subcommittee on Trade approved one data breach bill, and on Thursday, Rep. Jim Langevin (D-RI), co-chairman of the House Cybersecurity Caucus, announced the release … Continue Reading
By Ani Gevorkian The Subcommittee on Commerce, Manufacturing, and Trade of the House Energy and Commerce Committee held a hearing on Tuesday entitled, “The Internet of Things: Exploring the Next Technology Frontier.” The hearing focused on the promises Internet of Things (“IoT”) technology holds, and what role Congress should play in addresses the challenges IoT … Continue Reading
As part of our continuing coverage of the Congressional Privacy Bill, we provide below a deeper examination and explanation of Title II of the bill, the Do Not Track Kids Act of 2015. The Do Not Track Kids Act of 2015 amends the Children’s Online Privacy Protection Act (“COPPA”) by making its protections more expansive … Continue Reading
Next Tuesday, March 24 at 11 a.m., the House Energy and Commerce Committee’s Subcommittee on Commerce, Manufacturing, and Trade will host a hearing entitled “The Internet of Things: Exploring the Next Technology Frontier.” The hearing will follow an Internet of Things (“IoT”) showcase featuring Internet-connected products manufactured in members’ districts. Congress already has begun taking … 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 Lala Qadir A bipartisan data security bill was unveiled last week as part of a renewed push to create standardized requirements around data breach and security issues. Both co-sponsors of the bill, Representative Marsha Blackburn (R-TN) and Representative Peter Welch (D-VT), are members of the House Subcommittee on Commerce, Manufacturing, and Trade, and Blackburn … Continue Reading
By Caleb Skeath As we reported last this week, the Congressional Privacy Bill (S. 547/H.R. 1053) contains provisions that would establish a national data breach notice law, along with the Commercial Privacy Rights Act of 2015 and the Do Not Track Kids Act of 2015. Following our analysis of the Commercial Privacy Rights Act, we … Continue Reading
By Caleb Skeath As we reported yesterday, the Congressional Privacy Bill has been released, following the release of the White House’s proposal for a privacy bill in late February. The bill contains the Commercial Privacy Rights Act of 2015, the Congressional counterpart to the White House’s proposal, along with data breach notification provisions and the … Continue Reading
By Caleb Skeath The House and Senate versions of the Consumer Privacy Bill of Rights have been released, following the release of the White House’s legislative proposal at the end of February. We are reviewing the contents of both bills and will post an update shortly with a more in-depth analysis. Unlike the White House … Continue Reading
Just two days after disclosing publicly that it was “the target of a very sophisticated external cyber attack” in which the personal information of over 80 million customers was compromised, officials of Anthem Inc., the nation’s second largest health insurance company, are to brief staffers of the House Energy and Committee on the security breach. … Continue Reading
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
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
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
A Justice Department official told a House panel this week that Congress should modernize the Electronic Communications Privacy Act, a 1986 statute that creates rules governing access by law enforcement and other government agencies to user information stored with Internet communication service providers. In particular, the Justice Department recognizes that it no longer makes sense … Continue Reading
Last Friday, Rep. Zoe Lofgren (D-CA) introduced the ECPA 2.0 Act, H.R. 6529, which would strengthen the legal standards for law enforcement to gain access to electronic communications and location information. The Electronic Communications Privacy Act (ECPA) is more than 25 years old and is widely seen as needing modernization to address changes in digital … Continue Reading
