Consumer Privacy Online | JMC 8416
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A Powerpoint presentation on consumer privacy law for Dr. Lipschultz's Communication Law and Policy course.
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- Privacy issues will continue to be a major concern for Congress and the upcoming elections, fueled by increased computer and internet usage. While industry self-regulation was previously preferred, there is now support for more aggressive privacy regulation, especially around financial and medical information.
- The FTC now supports new regulatory powers over companies collecting personal data online, while the Administration focuses on financial and medical privacy. Congress remains reluctant to pass comprehensive privacy laws.
- Several bills have been introduced to address privacy, including establishing a commission to study existing laws and make recommendations, and strengthening protections for financial and medical privacy data. However, opponents argue these approaches could delay needed legislation.
Privacy issues overview
- Privacy issues will continue to be a major concern for Congress and the upcoming elections in the fall. Both the widespread use of computers and the internet have fueled these privacy concerns.
- While Congress is unlikely to pass comprehensive privacy legislation this year, some lawmakers may try to attach privacy provisions to other bills moving through Congress.
- The Federal Trade Commission now supports new regulations for companies collecting personal data online, reversing its previous support for industry self-regulation. However, the Administration and Congress have been reluctant to embrace comprehensive privacy legislation.
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Statement of Michelle Richardson, Director, Privacy & Data
Center for Democracy & Technology
before the
United States Senate Committee on the Judiciary
GDPR & CCPA: Opt-ins, Consumer Control, and the Impact on Competition and Innovation
March 12, 2019
On behalf of the Center for Democracy & Technology (CDT), thank you for the
opportunity to testify about the importance of crafting a federal consumer privacy law that
provides meaningful protections for Americans and clarity for entities of all sizes and sectors.
CDT is a nonpartisan, nonprofit 501(c)(3) charitable organization dedicated to advancing the
rights of the individual in the digital world. CDT is committed to protecting privacy as a
fundamental human and civil right and as a necessity for securing other rights such as access to
justice, equal protection, and freedom of expression. CDT has offices in Washington, D.C., and
Brussels, and has a diverse funding portfolio from foundation grants, corporate donations, and
individual donations.1
The United States should be leading the way in protecting digital civil rights. This hearing
is an opportunity to learn how Congress can improve upon the privacy frameworks offered in
the European Union via the General Data Protection Regulation (GDPR) and the California
Consumer Privacy Act (CCPA) to craft a comprehensive privacy law that works for the U.S. Our
digital future should be one in which technology supports human rights and human dignity. This
future cannot be realized if people are forced to choose between protecting their personal
information and using the technologies and services that enhance our lives. This future depends
on clear and meaningful rules governing data processing; rules that do not simply provide
1 All donations over $1,000 are disclosed in our annual report and are available online at:
https://cdt.org/financials/.
2
people with notices and check boxes but actually protect them from privacy and security
abuses and data-driven discrimination; protections that cannot be signed away.
Congress should resist the narratives that innovative technologies and strong privacy
protections are fundamentally at odds, and that a privacy law would necessarily cement the
market dominance of a few large companies. Clear and focused privacy rules can help
companies of all sizes gain certainty with respect to appropriate and inappropriate uses of data.
Clear rules will also empower engineers and product managers to design for privacy on the
front end, rather than having to wait for a public privacy scandal to force the rollback of a
product or data practice.
We understand that drafting comprehensive privacy legislation is a complex endeavor.
Over the past year we have worked with partners in civil societ.
Presentation Yun Li
1. Behavioral advertising is online advertising where the type of ad selected is based on websites visited, actions taken, or user information. It allows for targeted ads but raises privacy concerns.
2. The FTC issued principles for industry self-regulation of behavioral advertising focusing on transparency, security, consent, and sensitive data use. However, the effectiveness of self-regulation alone is debated.
3. While industry opponents argue legislation could harm innovation, supporters believe laws are needed to ensure transparency and privacy protections, as self-regulation requires monitoring and evidence of compliance with principles.
Presentation Y U N L I
1. Behavioral advertising is online advertising where the type of ad selected is based on websites visited, actions taken, or user information. It allows for targeted ads but raises privacy concerns.
2. The FTC issued principles for industry self-regulation of behavioral advertising focusing on transparency, security, consent, and sensitive data use. However, some argue self-regulation alone is not sufficient and legislation may be needed to monitor compliance.
3. There is debate around whether additional legislation is needed to regulate behavioral advertising and limit data collection, or if this would be harmful. Monitoring industry compliance with principles could help address these issues.
Presentation Yun Li
1. Behavioral advertising is a form of online advertising where ads are selected based on websites visited, actions taken, or user information to target users.
2. There is debate around whether behavioral advertising violates privacy laws and if self-regulation is sufficient given consumers' growing awareness of privacy issues related to targeted ads.
3. While industry argues that legislation could harm innovation, privacy advocates and lawmakers support regulations to increase transparency around data collection and use for behavioral advertising. Monitoring and evidence are needed to ensure self-regulatory principles are followed.
Presentation Yun Li
1. Behavioral advertising is a form of online advertising where ads are selected based on websites visited, actions taken, or user information to target users.
2. Consumers have become more aware of privacy issues related to behavioral advertising and are concerned about being targeted with ads based on their browsing history.
3. There is debate around whether behavioral advertising violates privacy laws and whether self-regulation or legislation is needed to protect consumer privacy and provide transparency in online advertising practices.
SECTOR-SPECIFIC-REGULATIONS-AND-A-FEW-HICCUPS-MORE-U.S.A-AND-ITS-PRIVACY-LAWS...
This document summarizes the key issues and shortcomings with privacy laws in the United States. It notes that unlike the European Union's GDPR, the US takes a sectoral approach with different federal and state statutes governing specific areas. This creates a complex patchwork of laws that are uneven and sometimes incompatible. The document calls for a unified federal privacy law that establishes consistent standards and gives individuals private rights of action for violations. It also recommends principles like data minimization, opt-in consent for data sharing, and non-discrimination in privacy rights.
Chap 4 (1)
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Consumer Privacy Online | JMC 8416
- 1. CONSUMER PRIVACY ONLINE SAM PETTO | JMC 8416
- 2. A BRIEF HISTORY Defined legal protection for consumer privacy since the Fair Credit Reporting Act (1970). U.S. Supreme Court first explored informational privacy in a digital context in Whalen v. Roe (1977). From 1998-2012, the Federal Trade Commission made reports to Congress regarding consumers’ privacy online. Today, informational privacy is largely a contractual matter.
- 3. STATUTE LAW Senate Resolution 34 (2017) allows ISPs to sell internet browsing history, app usage. FTC, FCC signaling move to ‘harms- based’ approach. Strongest new protection coming from state laws, such as California’s Online Privacy Protection Act (2013).
- 4. RECENT CASE LAW Spokeo, Inc. v. Robins (2016) Sorrel v. IMS Health, Inc. (2011) "The implications of Sorrel - that commercial speech potentially can be considered nothing more than a protected viewpoint, rather than part of a contractual offering between seller and buyer - along with the holding that the government may not burden the expression of such viewpoints when non-commercial speakers are not similarly burdened, appear to be potentially expansive" (Kerr, 2017, p. 156). Citizens United v. Federal Election Commission (2010)
- 5. LAW REVIEW ANALYSIS Common themes: a need for more clarity and consumer protection. The types of data that can be collected and methods by which it can be used should be limited. Examples: health apps, dynamic pricing Support for modified U.S. version of European Union’s right to be forgotten.
- 6. CONCLUSION Despite public support for increased protection, federal action not likely in the near future. Most significant advances will come on the state level. Impact of international policies and laws remains to be seen.