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Colorado and Virginia Lead In Consumer Privacy Legislation, Still Need Federal Law, Conference Hears

Both states join California as the only ones with comprehensive privacy laws, but experts say a federal bill should fill the regulatory void.

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Stacey Gray, senior counsel at the Future of Privacy Forum.

WASHINGTON, November 30, 2021 – Amid the lack of comprehensive privacy law at the federal level, states across the nation join California to take privacy matters into their own hands.

California was the first state to adopt privacy legislation with its California Consumer Privacy Act (CCPA) in 2018, followed by the California Privacy Rights Act of 2020 (CPRA). In 2021, Virginia and Colorado enacted their own privacy laws, which will go into effect in 2023.

At the Federal Communications Bar Association’s annual privacy symposium on November 16, privacy experts celebrated Colorado’s and Virginia’s progress amid an industry-wide push for a comprehensive federal privacy law.

Virginia’s and Colorado’s privacy laws align with California’s CPRA by applying many of CPRA’s concepts: the scope of data covered by the law is the same, and all states impose data use restrictions that limit a company’s ability to analyze and share consumers’ personal information.

Further, all states impose affirmative duties on data processing entities. Colorado’s privacy law, however, sets itself apart by using a heightened standard for businesses to obtain a customer’s agreement to process their personal data. Colorado’s attorney general also has broad policy-making authority in the bill, making Colorado’s attorney general an effective state enforcement regime.

Drawbacks to piecemeal legislation

Despite the relative uniformity between the three states’ legislation, privacy experts agree that widely differing privacy frameworks sets the industry up for a messy regulatory compliance landscape.

Stacey Gray, senior counsel at the Future of Privacy Forum, said a lack of interoperability makes compliance across multiple states more difficult. “This is a huge issue with three states with different frameworks,” she said. “Lawmakers are getting a big push not to regulate differently or creating direct conflict with different states. That’s why [the] other proposals have similar basic language and features.”

Gray also pointed to differing frameworks for service opt-in and opt-out models as another point of tension. “We should explore what Colorado and California have done, which is include a global opt-out for browsers or internet plug-ins that communicates [opting out] to every company in the ecosystem of a person’s data,” she added.

Although Gray said she believes that a federal privacy bill is the best way to develop a national standard, she sees growing state interest as an inevitable product of growing data harms affecting consumers.

“It really started in the past few years and is snowballing,” she said. “Between the passage of the European Union’s General Data Protection Regulation, the Cambridge Analytica scandal, California’s law in 2018, some federal momentum, and the role of the media…there’s been an increasing state interest in these issues. There’s a motivation to protection residents in their own states.”

Federal privacy law is still best

Consumer privacy bills were considered in 26 states this year, and only Colorado and Virginia made it past the finish line. As lawmakers are getting ready for sessions in early 2022, stakeholders are preparing to push for greater privacy legislation across the nation regardless of any federal action. ‘’

Gray argues that a federal law would be the best authority for a nationwide privacy standard. “The federal standard would be ideal,” Gray said. If there is no action on the federal level and we’re left with the states, then states should continue enacting privacy laws, she said. “But we should tackle this at the federal level to get a standard that applies nationwide. We already have hundreds of privacy laws in various sectors that supplement HIPAA, students and privacy, and even long-standing narrow laws like paparazzi and school records,” so more state laws could be hard for businesses and entities to navigate and comply.

Still, there may be benefits to testing privacy laws on the state level before enforcing the legislation nationwide. “States are the laboratory for democracy,” said Ryan Kriger, assistant attorney general in Vermont’s attorney general public protection division.

“We have three laws in the books now to look at,” Kriger added. “It’s a huge benefit for states to test things out and see how things work, as well as finding ways to make an existing law better by applying it to the states.”

Reporter Justin Perkins is graduate of Howard University School of Law, with a focus on telecommunications and technology. He has in-house experience at the Federal Communications Commission, Comcast and NBC. He brings curiosity and insight to broadband news.

Cybersecurity

Biden On Lookout for Cyberattacks with Russia Massing on Border of Ukraine

The president says that, in the past, Russia has taken covert military actions.

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Photo of President Joe Biden on Thursday

WASHINGTON, January 20, 2022 – President Joe Biden said Thursday that the administration will be on the lookout for Russian cyberattacks in Ukraine as Russia’s President Vladimir Putin may be edging closer to invading Ukrainian territory.

Biden warned that, in the past, Russia has launched aggressive computer attacks that, while perhaps falling short of overt military action, have been daunting cyber-offensives of “military” officials not wearing Russian uniforms.

The comments came at the beginning of Thursday’s meeting of Biden’s Infrastructure Implementation Task Force. Biden briefly addressed rising tensions surrounding Ukraine.

Many critics of Russia, including Biden, have said that they Putin will pounce.

During his remarks, Biden said Moscow would “pay a heavy price” should it move any Russian troops across the Ukrainian border.

Following his foreign policy comments, Biden turned his attention to the planned task force talks on implementing the Infrastructure Investment and Jobs Act signed on November 15, 2022.

He turned to former New Orleans Mayor Mitch Landrieu, the administration’s unofficial “infrastructure czar,” to offer comments on the administration’s progress to press.

Biden specifically addressed the law’s implications for ongoing supply chain issues.

Since the back half of 2021, the world has faced historic shipping delays on a variety of commercial goods as global manufacturing systems continue struggling to grapple with the coronavirus pandemic and workforce shortages exacerbated by it.

Specifically, the tech industry has faced chronic shortages of semiconductor chips, perhaps worse than most other commodities. The shortages have crippled many digital industry supply chains. products.

Biden said that with the infrastructure law investment in physical infrastructure, including additional highways to alleviate traffic on the nation’s roads, will allow goods to be transported faster through existing supply chains.

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Cybersecurity

Telework Here to Stay, But Devices Need Beefed Up Security

The future of teleworking will need upgraded security.

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Allen McNaughton, sales director at Infoblox

WASHINGTON, January 19, 2022 – Remote work is here to stay, but that means getting up to speed on securing websites is critical, said a director at an information technology security company Wednesday.

At a Business of Federal Technology event, which posed the question “is hybrid forever?,” Kiran Ahuja, director of the U.S. Office of Personnel Management, said “hybrid remote work and telework policies are clearly helping not only federal agencies, but literally every single office, company, and organization in this country.”

But while Allen McNaughton, sales director at security company Infoblox, agreed that telehealth is “here to stay, no doubt about it,” he also made clear that the reality of hybrid work is not effective without protected technology.

“When you have telework, when you have people that can work anywhere in the world, the world is now your attack surface,” says McNaughton. McNaughton noted that there is now a greater opportunity for hackers to install malware on unsecure devices.

The country has already been gripped by high-profile cyberattacks, including on software company SolarWinds, oil transport company Colonial Pipeline, and meat producer JBS USA.

Some of the attackers simply gained access because devices had simple default passwords, raising concern among security experts about how prepared people are for full-time remote work and school.

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Privacy

Federal Communications Commissioner Starks Seeks to Encourage Democratic Principles Online

The commissioner noted the peril democracy and citizen privacy finds themselves in around the world.

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Federal Communications Commissioner Geoffrey Starks

WASHINGTON, January 14, 2021 – Speaking at an event hosted by Bridge for Innovation on Tuesday, Federal Communications Commissioner Geoffrey Starks says the private sector must lead in the fight to promote democracy and digital privacy rights online.

With increasing challenges to democracy around the world and citizen surveillance efforts by several international governments, as well as domestic concerns over privacy on social media platforms, Starks says private sector entities should work to set standards which promote democratic principles and privacy for citizens.

Just this month, Facebook faced a lawsuit – which it won – over access of third-party companies such as Cambridge Analytica, the British political consulting firm made famous when it was investigated in connection with alleged Russian interference and collusion in the 2016 United States presidential election, to users’ personal data.

Starks also emphasized that international diplomatic and regulatory bodies play a key role in upholding these norms.

He stated that China is looking to step up its role in these international bodies in attempts to influence policy to gain greater control over its citizens’ political activities and limit their privacy rights online.

At the beginning of November, President Joe Biden’s administration announced an initiative with several international allies to share information on surveillance programs of authoritarian regimes, with key focus landing on actions of the Chinese government.

Additionally, Biden said he would take action to limit U.S. exports to China of technology that  China uses for surveillance efforts.

U.S. technologies are on record being used in China for citizen surveillance, military modernization and persecution of Muslim Uyghurs in Xinjiang.

Looking to domestic broadband expansion efforts following the enactment of the bipartisan Infrastructure Investment and Jobs Act, Starks said the FCC will soon be collecting and posting pricing information from internet service providers which participate in the Affordable Connectivity Program.

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