In light of increasing public apprehensiveness about the privacy of personal data, and lack of action by Congress, state lawmakers around the U.S. have speedily passed privacy laws regarding concerns such as email searches, cell phone tracking, and even Facebook passwords, Sominni Sengupta writes for The New York Times.
"Many lawmakers say that news reports of widespread surveillance by the National Security Agency have led to more support for the bills among constituents," Sengupta writes. More than 10 states have passed at least 24 privacy laws this year. "Congress is obviously not interested in updating those things or protecting privacy," Jonathan Stickland, a Republican state representative in Texas, said. "If they're not going to do it, states have to do it."
The new laws have prompted caution among Internet companies. "It can be counterproductive to have multiple states addressing the same issue" and that it can create "burdensome compliance," Michael D. Hintze, chief privacy counsel at Microsoft, told Sengupta.
Texas passed a bill requiring warrants for email searches, and Oklahoma made a law to protect student data. California has passed several personal information-related laws such as one that makes it a misdemeanor to publish an identifiable nude picture online without permission from the subject.
Not all information-protection efforts have come to fruition. California legislators attempted to pass a bill requiring any business that retains a customers' information to give a copy to the customer and tell the customer who else has the information, but lobbying prevented the bill from passing. "The practice of sharing customer data is central to digital advertising and to the large Internet companies that rely on advertising revenue," Sengupta notes.
"'Right to know' is an example of something that's not workable," said Jim Halpert, a lawyer with the national firm DLA Piper who leads an industry coalition including Amazon, Facebook and Verizon. "It covers such a broad range of disclosures. We advocated against it." (Read more)
Two proposals regarding personal information privacy await Congress's approval. One is a consumer privacy bill of rights, which was proposed more than a year ago. The second is an update to the Electronic Communications Privacy Act, which is 27 years old. This update would make law enforcement agencies present probable cause and get a warrant before reading emails.
"Several legislators said they felt compelled to act because Congress had not," Sengupta writes. Daniel Zolnikov, a Republican legislator in Montana, said, "They don't act in the best interest unless it's in their best interest." Montana is the first state in the U.S. this year to pass a law forcing police to get a search warrant before tracking a suspect through cellphone records.
The Pew Research Center conducted a survey in July and found that most Americans do not think existing laws are enough to protect their online privacy, and many states have responded to those concerns. "In the last couple of years, about 10 states have passed laws restricting employers from demanding access to their employees' social media accounts," Sengupta reports. However, these things take time, and some of the bills never pass.
John Pezold, a Republican representative in Georgia, said, "They're becoming increasingly wary that their lives are going to be no longer their own. We have got to protect that." (Read more)
"Many lawmakers say that news reports of widespread surveillance by the National Security Agency have led to more support for the bills among constituents," Sengupta writes. More than 10 states have passed at least 24 privacy laws this year. "Congress is obviously not interested in updating those things or protecting privacy," Jonathan Stickland, a Republican state representative in Texas, said. "If they're not going to do it, states have to do it."
The new laws have prompted caution among Internet companies. "It can be counterproductive to have multiple states addressing the same issue" and that it can create "burdensome compliance," Michael D. Hintze, chief privacy counsel at Microsoft, told Sengupta.
Texas passed a bill requiring warrants for email searches, and Oklahoma made a law to protect student data. California has passed several personal information-related laws such as one that makes it a misdemeanor to publish an identifiable nude picture online without permission from the subject.
Not all information-protection efforts have come to fruition. California legislators attempted to pass a bill requiring any business that retains a customers' information to give a copy to the customer and tell the customer who else has the information, but lobbying prevented the bill from passing. "The practice of sharing customer data is central to digital advertising and to the large Internet companies that rely on advertising revenue," Sengupta notes.
"'Right to know' is an example of something that's not workable," said Jim Halpert, a lawyer with the national firm DLA Piper who leads an industry coalition including Amazon, Facebook and Verizon. "It covers such a broad range of disclosures. We advocated against it." (Read more)
Two proposals regarding personal information privacy await Congress's approval. One is a consumer privacy bill of rights, which was proposed more than a year ago. The second is an update to the Electronic Communications Privacy Act, which is 27 years old. This update would make law enforcement agencies present probable cause and get a warrant before reading emails.
"Several legislators said they felt compelled to act because Congress had not," Sengupta writes. Daniel Zolnikov, a Republican legislator in Montana, said, "They don't act in the best interest unless it's in their best interest." Montana is the first state in the U.S. this year to pass a law forcing police to get a search warrant before tracking a suspect through cellphone records.
The Pew Research Center conducted a survey in July and found that most Americans do not think existing laws are enough to protect their online privacy, and many states have responded to those concerns. "In the last couple of years, about 10 states have passed laws restricting employers from demanding access to their employees' social media accounts," Sengupta reports. However, these things take time, and some of the bills never pass.
John Pezold, a Republican representative in Georgia, said, "They're becoming increasingly wary that their lives are going to be no longer their own. We have got to protect that." (Read more)
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