Internet privacy bill rises from the dead at California capitol

24 June 2018 by Steve Blum
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California lawmakers have another shot at creating strong data privacy rules. Assembly bill 375, authored by assemblyman Ed Chau (D – Monterey Park), was originally aimed at Internet service providers. It would have reinstated ISP privacy rules that were scrapped by the republican majority on the Federal Communications Commission. It died last year after legislative leaders bowed to back door pressure and “dirty tricks” from ISPs, like AT&T and Comcast, and Silicon Valley’s big online players, like Google and Facebook.… More

U.S. supreme court rules on digital privacy, but the real issue is digital property

When most of the data you collect, create, buy or simply passively generate is stored on someone else’s server, what belongs to you and what belongs to the company storing it? What is your property?

That’s the question that the U.S. supreme court wrestled with in yesterday’s decision limiting police use of mobile phone tracking data. Every time a phone communicates with a cell site – which is pretty much all of the time – that contact is recorded by the mobile carrier.… More

Police surveillance tech disclosure considered by California legislature

21 April 2018 by Steve Blum
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If a police department in California wants to use facial recognition software, or scrape social media platforms looking for evidence of criminal behavior, it would need to disclose the practice and, where practicable, get advance permission from its city council, if a bill working its way through the legislature makes it into law. Senate bill 1186, introduced by senator Jerry Hill (D – San Bruno), would require cities to decide on and publish policies for using “surveillance technology”, which it defines as…

Any electronic device or system with the capacity to monitor and collect audio, visual, locational, thermal, or similar information on any individual or group.

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Silicon Valley joined with telcos, cable to defeat California privacy law, says EFF

27 October 2017 by Steve Blum
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An unholy alliance between big tech interests and big telecoms companies succeeded in spiking an Internet privacy bill in Sacramento this year, according to the Electronic Freedom Foundation. In a blog post, the EFF’s Ernesto Falcon says that “Google and Facebook locked arms with AT&T, Verizon, and Comcast to oppose” assembly bill 375…

How do we know? Because we were on the ground in Sacramento in September to witness every last-minute dirty trick to stop A.B.

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Californian ISP privacy rules wounded, but still twitching

14 September 2017 by Steve Blum
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One last try at baking Internet privacy rules into California law is underway. Assembly bill 375 was amended on Tuesday, just ahead of a new 72-hour deadline for posting the final version of proposed legislation – the California legislature’s current session clocks out tomorrow night.

Arguably, the changes are an improvement. Specific security and disclosure requirements were cut out, along with references to telephone service, with the result that the bill focuses on the core issue: what can Internet service providers do with information about and provided by their customers?… More

California Internet privacy bill trimmed, but not gutted

27 August 2017 by Steve Blum
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Whose choice is it?

A bill establishing strong Internet privacy rules in California has been watered down a bit, but still has teeth . Assembly bill 375, carried by Ed Chau (D – Monterey Park), would reinstate restrictions on use of customer information by Internet service providers that were scrapped at the federal level.

Originally, it required opt-in consent – an affirmative grant of permission in advance – from subscribers for any disclosure of personal information to third parties.… More

California lawmakers revive Internet privacy rules dumped by Trump administration

19 July 2017 by Steve Blum
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California is stepping into the privacy vacuum created by federal policy makers when they scrapped consumer protection rules adopted last year. Assembly bill 375 was approved by the senate’s energy, utilities and communications committee yesterday. It would put sharp restrictions on what Internet service providers can do with their customers’ information…

An Internet service provider may use, disclose, sell, or permit access to customer personal information if the customer gives the Internet service provider prior opt-in consent, which may be revoked by the customer at any time.

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Your ISP now owns your information.

29 March 2017 by Steve Blum
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Congress opened your kimono.

Privacy rules for Internet service providers are heading straight from limbo into oblivion. Last year, the Federal Communications Commission adopted rules that put strict limits on what ISPs can do with the data that customers transmit on their networks, significantly stricter than the restrictions on what most online businesses can do with consumer data.

Earlier this month, a much different FCC voted to put those rules on hold. Now, the U.S.… More

FCC is still the privacy police, even without common carrier rules

9 March 2017 by Steve Blum
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Ajit Pai steered away from discussing the plans, or at least the intent, he has to roll back the Federal Communications Commission’s classification of broadband as a common carrier service during his first congressional appearance as chairman yesterday. But he did indicate that the FCC might not be washing its hands of all responsibility for regulating what Internet service providers do with private customer information.

His appearance in front of the U.S. senate’s commerce, science, and transportation committee came two days after he met with Donald Trump and a day after the news broke that the president had re-appointed him to another five year term on the commission.… More

FCC scraps consumer privacy rules for ISPs

3 March 2017 by Steve Blum
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Internet service providers won’t be held to a higher privacy standard. In a two to one party line vote, the Federal Communications Commission put consumer privacy rules it adopted in October on indefinite hold, and passed the buck over to the Federal Trade Commission. The new rules would have, for example, required ISPs to get affirmative, opt-in permission from customers before selling sensitive personal data, such as web browsing history.

In a joint statement, FCC chair Ajit Pai and (temporary) FTC chair Maureen Ohlhausen said consumer protection rules shouldn’t be in the FCC’s domain…

We still believe that jurisdiction over broadband providers’ privacy and data security practices should be returned to the FTC, the nation’s expert agency with respect to these important subjects.

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