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Trump Administration Drawing Blueprint for Internet Privacy Rules

According to a Washington Post report, the Trump administration has been in contact with Google, Facebook, Internet service providers (ISPs), such as AT&T and Comcast, as well as consumer groups to discuss a proposal for new online privacy rules.

The White House is reportedly aiming to create a “balance” between Internet users' privacy needs and U.S. companies' "prosperity."

White House's Blueprint for Congress

The U.S. president is not responsible for creating new laws, but the Washington Post said that the Trump Administration wants to create a “blueprint” that Congress can follow when writing the new privacy law.

According to the Washington Post, technology and telecom companies may see this as an opportunity to pass a federal privacy law that isn’t as strict and pro-consumer as some states have started to consider. California already implemented new privacy rules in June, and companies may fear that other states could follow in its footsteps.

Tech companies, such as Facebook, also know that Congress isn’t much on their side following the Cambridge Analytica privacy scandal. Many members of Congress have already made that clear in hearings with Facebook CEO Mark Zuckerberg looking to prevent such scandals from happening in the future. In those hearings, Zuckerberg himself admitted that some regulation may be needed.

However, despite all of these endorsements for a privacy law, a draft of the White House proposal seems to suggest that the new law would prevent states from passing their own additional privacy rules. It would also remove some liabilities from companies that mishandle user data.

U.S. Privacy Groups Are Cautiously Optimistic

The President of the Electronic Privacy Information Center (EPIC), Mark Rotenberg, said that limiting states from passing their own privacy rules could be a “non-starter for consumer organizations.”

Back when the Obama administration wrote its own draft for stronger privacy rules at the federal level, technology and advertising companies, such as Google and Facebook, were successful in killing that initiative through lobbying efforts.

However, consumer rights groups now believe that after Cambridge Analytica and other privacy scandals, it should be easier to convince Congress of the need to pass stronger privacy legislation.

EU's Influence

The U.S. privacy groups also believe that the European Union (EU) has shown the way for how to write privacy legislation with the General Data Protection Regulation (GDPR) that went into effect earlier this year.

In the U.S., Senator Ed Markey has already introduced legislation that’s somewhat similar called the CONSENT Act. However, the bill only applies to “edge providers,” such as Google and Facebook, and not ISPs.

Another issue that may prompt Congress to adopt stronger privacy laws this time around is that either the EU Parliament or its top court (whichever gets to it first) may soon invalidate the U.S.-EU data transferring agreement. 

Under the EU Charter of Fundamental Rights, companies that transfer EU citizens’ data outside of the union must offer “essentially equivalent protection.” The EU and Japan signed a trade deal this month in which Japan agreed to honor that requirement when dealing with EU citizens’ data. That’s still not the case in the U.S., especially as government agencies keep getting new powers and more access to American companies’ data.

  • Onus
    This does actually appear to be a matter for Federal law, since it is 4A of the Constitution that recognizes (does not grant) the right of the people to be secure in their persons, places, and effects against unreasonable search and seizure.
    The preceding was fact.
    What follows is my opinion.
    Advertisers, and their agents and assigns have absolutely no right to know anything about me that I do not expressly tell them. The spamming and telemarketing that result from the dissemination of my contact information, not being an accident or a "crime of passion" but Willful Wrongdoing, should be punishable by Death. If that seems harsh (and I agree that it is), then DON'T DO IT.
    Reply
  • techy1966
    Not really sure how I fell about this on the one hand you have Them consulting with tech companies and broadcast companies & on the other hand you have Mr Trump which is a business person and business comes first for a person like him. So the US people will either get screwed over or this could actually be a good thing and make things some what better. My own thoughts are the people will be getting the shaft for sure but that's just my own opinion on this. Either way I do not live in the states so which ever way it turns out does not affect me or my family.
    Reply
  • derekullo
    21181208 said:
    Not really sure how I fell about this on the one hand you have Them consulting with tech companies and broadcast companies & on the other hand you have Mr Trump which is a business person and business comes first for a person like him. So the US people will either get screwed over or this could actually be a good thing and make things some what better. My own thoughts are the people will be getting the shaft for sure but that's just my own opinion on this. Either way I do not live in the states so which ever way it turns out does not affect me or my family.

    Just because you don't live in the states doesn't mean you are immune to the consequences of whatever they decide.

    Even if you live in Russia your information may end up on a Facebook server in the US.
    Reply
  • stdragon
    21181035 said:
    This does actually appear to be a matter for Federal law, since it is 4A of the Constitution that recognizes (does not grant) the right of the people to be secure in their persons, places, and effects against unreasonable search and seizure againt a private citizen.
    The preceding was fact.
    What follows is my opinion.
    Advertisers, and their agents and assigns have absolutely no right to know anything about me that I do not expressly tell them. The spamming and telemarketing that result from the dissemination of my contact information, not being an accident or a "crime of passion" but Willful Wrongdoing, should be punishable by Death. If that seems harsh (and I agree that it is), then DON'T DO IT.

    The 4th only applies to the Government, not the private individual. Meaning, the Feds can't conduct unreasonable search and seizure upon a citizen. However, that doesn't stop a private entity from doing the same. Unless of course existing state or federal law says otherwise.

    That all said, yes, Congress can, and does, legislate new laws to take place where there's no conflict with the US Constitution.

    Reply
  • hotaru251
    TBH the US Gov. doesnt care what the "law" states unless it benefits them.

    nearly every part of the Gov has been caught breaking the law atleast once in soem way or another...no punishment happens. People forget about it. and Gov just get sneakier and still do it.


    I wouldnt mind ISP charging me more than currently.....but they damn best improve the speeds as they are the laughing stock of the developed nations in net speed to price...
    Reply
  • rwinches
    I just hope they spend as much time on this as they did on their meeting protecting the electoral system you know a whole 30 minutes.
    Reply
  • alan_rave
    Google vs consumer groups - I guess the first one will win.
    Reply