Back in September, I posted here about Senate Commerce Committee Chairman John D. Rockefeller’s (D-WV) letters to all FORTUNE 500 companies inquiring about business opposition to cybersecurity legislation. This morning, Rockefeller released a report by his staff summarizing the gist of the roughly 300 responses he’s received to date. The report does not mention any … Continue Reading
While continuing congressional inaction on the fiscal cliff is getting most of the ink/pixels in news headlines over the last couple weeks, several privacy bills have advanced in the House and Senate. Though only one is likely to become law before the 112th Congress ends in a few days, they embody what will be the … Continue Reading
In a briefing convened by the Congressional Bi-Partisan Privacy Caucus December 13, 2012, co-chairs Ed Markey (D-MA) and Joe Barton (R-TX) tried to advance their agenda of enhancing children’s online privacy in the context of exploring the scope and practices of “data-brokers.” Panelists included credit bureaus, marketing companies, FTC Commissioners, and privacy advocates. Markey kicked … Continue Reading
Monday, on a call with reporters to discuss the findings of its second survey of kids mobile device applications, attorneys with the Federal Trade Commission (1) called on industry – app developers, app stores, and third party recipients of collected data – to improve privacy disclosures; (2) said it is developing consumer education material in … Continue Reading
Yesterday evening, the Senate again failed to move forward on the Cybersecurity Act of 2012, voting 51-47 not to end debate on the measure (60 votes required). Opponents picked up one additional ‘no’ vote by Sen. Rubio (R-FL), who did not vote on it in August. Majority Leader Reid faulted the minority and the Chamber … Continue Reading
As I last reported in August, just before Congress recessed to campaign for reelection, the Senate failed to end debate and take up the Cybersecurity Act of 2012, S. 3414 by eight votes (really only seven, as Majority Leader Reid switched his vote so as to be able to bring it up again in the … Continue Reading
On October 30, California Attorney General Kamala Harris announced that her office is notifying up to 100 companies and mobile application developers that they are not in compliance with the state’s Online Privacy Protection Act (“CalOPPA”). According to Harris’ sample letter, the problem is that the offending apps downloadable through the Apple App Store and … Continue Reading
Earlier this week, Maureen Olhausen, the Federal Trade Commission’s newest commissioner, shared her perspective on “The Federal Role in Privacy: Getting It Right” in a discussion at the Hudson Institute, a conservative-leaning think tank in Washington, DC. Her straightforward comments indicated she intends to take a cautious and holistic approach toward any expansion of the … Continue Reading
Senate Commerce Committee Chairman John D. Rockefeller (D-WV) yesterday blanketed the entire FORTUNE 500 list of companies with a pointed letter inquiring about business opposition to cybersecurity issues and seeking a response by October 19. (Press release here) The letter asks for information on companies’ cybersecurity practices and companies’ concerns about the federal government’s role … Continue Reading
Last week, Rep. Ed Markey (D-MA), co-chair of the Congressional Privacy Caucus, introduced broad legislation to require multiple actors in the mobile communications ecosystem to disclose and obtain express prior consent for the installation of “monitoring software” and to adopt and disclose detailed information security requirements to be promulgated by the FTC. The bill grew … Continue Reading
This morning, the Senate failed to conclude debate on the cybersecurity bill by a vote of 52 to 46 (60 votes required), likely sounding the death knell for the legislation this year. Five Republicans voted in favor of moving ahead, while five Democrats voted against, but the vote otherwise followed party lines. In other words, … Continue Reading
Yesterday we asked: Can National Security Trump Politics This Close to the Election? The answer is looking more and more like “no”. Having failed to reach agreement with his Republican counterpart on limiting debate and consideration of amendments (of which there are now 167) to the bill, last night Majority Leader Harry Reid (D-NV) filed … Continue Reading
That is the $64,000 question. This being Washington, DC, it’s more likely a multi-million dollar question, and the answer is unclear. The Senate voted 84-11 last Thursday to end debate on a procedural motion that allows a revised bill, S. 3414, sponsored by Homeland Security and Government Affairs Committee Chairman Joe Lieberman (D-CT) to be … Continue Reading
The rumors of the death (or at least “dearth” — of activity) of the 112th Congress are somewhat exaggerated, to morph a phrase from Mark Twain; at least regarding the last couple weeks prior to the Independence Day recess. Not only did Congress pass major legislation related to the FDA, transportation programs and student loans … Continue Reading
Opening markets and removing barriers to trade are touted by many in Washington, DC and well beyond as a cornerstone of economic expansion. In the information age, ensuring the free flow of data across borders, and not simply goods and services, is increasingly important. But just as problems can arise with differing foreign laws on … Continue Reading
Congress is back from a two week Easter recess and despite lingering concerns from privacy groups, House leaders plan to bring to the floor for votes one or more cybersecurity bills designed to protect the nation’s critical infrastructure – from power plants to financial markets – by encouraging information sharing about cyber threats between the … Continue Reading
Last week in Washington, DC, officials from the U.S. Federal Trade Commission, the Department of Commerce, major trade associations and key stakeholders from around the world gathered at a global privacy summit convened by the International Association of Privacy Professionals. During the two day conference, panels covered a broad range of topics from mobile device … Continue Reading
Today eight Republican Senators – all Ranking Members of various committees – introduced the SECURE IT Act, S. 2151, their alternative cybersecurity bill to the bipartisan Cybersecurity Act, S. 2105, introduced two weeks ago. In remarks on the Senate floor this afternoon, Sen. Kay Bailey Hutchison, Ranking Member of the Senate Committee on Commerce, Science, and Transportation, … Continue Reading
The Cybersecurity Act of 2012, S. 2105, was introduced yesterday by Senators Joe Lieberman (I-VT), Susan Collins (R-ME), Diane Feinstein (D-CA), and John Rockefeller (D-WV). Here are links to the: Bill Summary of the Cybersecurity Act of 2012 Section-by-Section Description of the Cybersecurity Act of 2012 It immediately drew opposition from seven Republican Ranking Members, who … Continue Reading
Odds are good that legislation to address online threats to the nation’s critical infrastructure assets will finally be released this week, but real action on it won’t take place until March: The Homeland Security and Government Affairs Committee, chaired by Joe Lieberman (I-CT), has scheduled a hearing on the ‘Cybersecurity Act of 2012’ for Thursday … Continue Reading
The takeaway from a Senate Judiciary Subcommittee hearing yesterday: A House-passed bill to update the 1988 Video Privacy Protection Act (VPPA) raises privacy concerns and will get scrutinized in the Senate. Senator Al Franken (D-MN), Chairman of the Senate Judiciary Subcommittee on Privacy, Technology, and the Law, and Ranking Republican Tom Coburn (R-OK), both expressed … Continue Reading
Earlier this week, U.S. Senate Judiciary Committee Chairman Patrick Leahy (D-VT) expressed support for Senate action on “comprehensive data privacy legislation that will better protect Americans’ sensitive personal data and reduce the risk of data security breaches.” Leahy’s Personal Data Privacy and Security Act, S. 1151, was approved by the Committee last September, but with … Continue Reading
With the return of the Congress to Washington this week and high-profile data breaches continuing to be announced, it’s worth taking stock of what 2012 holds for data security and online privacy legislation. As we described on December 28, several bills were introduced in the House and Senate last year on data security and breach … Continue Reading
