Latest in Privacy: Technology

Data Protection

Data Collection Standards in Privacy Legislation: Proposed Language

As a proponent of baseline federal privacy legislation, I am encouraged that proposals that would have been poison pills not long ago, such as individual rights to see, correct and delete data as well as new authority for the Federal Trade Commission, are drawing wide support now. But some crucial and difficult issues remain wide open.

Privacy: Technology

Will This New Congress be the One to Pass Data Privacy Legislation?

A Congress that begins with a government shutdown carrying over and a raft of subpoenas to the executive branch issued by incoming House committee chairs promises to be at least as polarized and partisan as its predecessor. Even so, legislators want to legislate, and will seek some opportunities for bipartisan agreement. One area where this may happen is federal legislation to protect personal information privacy.

Events

A Deeper Look at Deepfakes: Our New Article and an Event at Heritage on Thursday

Back in February, we joined forces in this post to draw attention to the wide array of dangers to individuals and to society posed by advances in “deepfake” technology (that is, the capacity to alter audio or video to make it appear, falsely, that a real person said or did something). The post generated a considerable amount of discussion, which was great, but we understood we had barely scratched the surface of the issue.

Communications Decency Act

Document: Lawsuit Argues FOSTA is Unconstitutional

The Electronic Frontier Foundation has filed a lawsuit challenging the constitutionality of the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (FOSTA), on behalf of two human rights organizations, the Internet Archive, and two individual plaintiffs. FOSTA creates a loophole in the immunity granted to internet platforms for third-party content under Section 230 of the Communications Decency Act: under FOSTA, websites can be held liable for promoting or facilitating prostitution. Plaintiffs seek to declare the law unconstitutional under the First and Fifth Amendments.

Privacy: Technology

GDPR Derogations, ePrivacy, and the Evolving European Privacy Landscape

On May 25, the European General Data Protection Regulation becomes law in all EU member states, repealing and replacing the EU Data Protection Directive. The GDPR aims to harmonize data-protection standards for digital personal data across Europe. However, while companies and regulators are scrambling to comply with the regulations by this date, this week is hardly the finish line.

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