Tag Archives: Congress

Obama Administration Considering Electronic Surveillance Proposal to Address “Going Dark” Problem

The Obama Administration is in the process of finalizing its review of a statutory electronic surveillance proposal initially developed by the FBI, and is expected to support the introduction of a modified version as legislation. The proposal addresses concerns raised by law enforcement and national security agencies regarding the widening gap between their legal authority to intercept real-time electronic communications pursuant to a court order, and the practical difficulties associated with actually intercepting those communications. According to the government, this gap increasingly prevents the agencies from collecting Internet-based phone calls, emails, chats, text messages and other communications of terrorists, spies, organized crime groups, child pornography distributors and other dangerous actors. The FBI refers to this as the “going dark” problem.

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Tags: Congress, Cybersecurity, Federal Communications Commission, Foreign Intelligence Surveillance Act, Information Security, Obama, Online Privacy, Paul Tiao, Telecommunications, Wiretap

Obama Administration Threatens to Veto CISPA

On April 16, 2013, the Office of the President issued a Statement of Administration Policy that includes a threat to veto the U.S. House of Representatives’ Cyber Intelligence Sharing and Protection Act (“CISPA” or H.R. 624) if further changes are not made to the bill’s privacy protections. Specifically, the Obama Administration recommends that the bill require private entities to remove personal information when sharing cybersecurity information with the government or other private entities.

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Tags: CISPA, Congress, Cybersecurity, Information Security, Legislation, Obama, U.S. Federal Law

Supreme Court Finds Lack of Standing to Challenge Foreign Intelligence Surveillance Act

On February 26, 2013, the United States Supreme Court decided in Clapper v. Amnesty International that U.S. persons who engage in communications with individuals who may be potential targets of surveillance under the Foreign Intelligence Surveillance Act (“FISA”) lack standing to challenge the statute’s constitutionality. The Supreme Court determined that the plaintiffs’ alleged injuries were not “certainly impending” and that the measures they claimed to have taken to avoid surveillance were not “fairly traceable” to the challenged statute. Although this 5-4 decision would not be considered a “privacy” or “data breach” case, the Court’s analysis will have a significant impact on such cases going forward, and may thwart the ability of individuals affected by data breaches to assert standing based on possible future harm.

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Tags: Congress, Foreign Intelligence Surveillance Act, Identity Theft, Information Security, Security Breach, Supreme Court, Wiretap

Hunton Webinar Examines Obama Cybersecurity Executive Order

On February 20, 2013, Hunton & Williams LLP hosted a webinar on cybersecurity risks and the Obama Administration’s recently-issued Executive Order on cybersecurity issues related to critical infrastructure. The webinar, entitled “The Cybersecurity Executive Order: Understanding Its Impact on Your Business,” covered issues such as the current threat landscape, U.S. and EU regulatory initiatives related to cybersecurity, and guidelines to help businesses prevent and manage cyber events.

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Tags: Congress, Cybersecurity, European Union, Information Security, International, John Delionado, Lisa Sotto, Obama, Security Breach

Outlook for Data Privacy Issues in Congress

On February 8, 2013, during the Centre for Information Policy Leadership’s First Friday call, Hunton & Williams partner Frederick Eames offered insights on how key U.S. government players are likely to approach privacy and data security initiatives this session. Eames discussed upcoming privacy legislation and outlined his predictions regarding how several Congressional committees, including the House of Representatives Energy & Commerce Committee and the Senate Committee on Commerce, Science, & Transportation, will address privacy-related issues.

Listen to the full audio recording.

Tags: Centre for Information Policy Leadership, Congress, Events, Legislation, Obama

FTC Study Reports on Inaccuracies in Consumer Credit Reports

On February 11, 2013, the Federal Trade Commission announced that a congressionally-mandated study of the U.S. credit reporting industry found that 26 percent of consumers identified at least one error that might affect their credit score. The study reported that 5 percent of consumers had errors on their credit reports that could result in less favorable terms for loans and insurance.

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Tags: Congress, Consumer Protection, Credit Report, FCRA, Federal Trade Commission, Financial Privacy, Obama

Obama Administration Releases Highly Anticipated Cybersecurity Executive Order

Today, the Obama Administration released an executive order, Improving Critical Infrastructure Cybersecurity (the “Executive Order”), which is focused primarily on government actions to support critical infrastructure owners and operators in protecting their systems and networks from cyber threats. The Executive Order requires administrative agencies with cybersecurity responsibilities to (1) share information in the near-term with the private sector within the scope of their current authority and to develop processes to address cyber risks; and (2) review and report to the President on the sufficiency of their current cyber authorities. The requirements to review and report to the President likely will serve to pressure Congress to pass more comprehensive legislation that should, inter alia, address issues that an executive order cannot, such as the provision of liability protection, incentives for compliance, and regulatory authority to compel compliance.

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Tags: Congress, Cybersecurity, Department of Homeland Security, Information Security, Legislation, Obama, Online Privacy

Congress Approves VPPA Consent Requirement Changes

On December 18, 2012, the U.S. House of Representatives passed H.R. 6671, a bill that would amend the Video Privacy Protection Act (“VPPA”) consent requirements for disclosing consumers’ viewing information. The Senate approved the bill without changes on December 20, 2012. The bill would make it easier for companies to develop innovative technologies for the sharing of consumers’ video viewing habits. The current version of the VPPA requires certain video providers to obtain a consumer’s consent each time they wish to share the consumer’s viewing information, with few exceptions. The amendment would allow video providers to obtain consumers’ consent by electronic means “in advance for a set period of time, not to exceed 2 years” to share their viewing information. The video providers also must allow consumers to withdraw their consent on a case-by-case basis. President Obama is expected to sign the bill into law.

Netflix, the most prominent supporter of the bill, applauded its passage. Netflix previously had backed similar proposals to amend the VPPA.

Update: On January 10, 2013, President Obama signed the Video Privacy Protection Act Amendments Act of 2012 into law.

Tags: Congress, Consent, Consumer Protection, Netflix, Obama, Online Privacy, Personally Identifiable Information, U.S. Federal Law, Video Privacy Protection Act

FTC Requests Information About Data Brokerage Companies’ Collection and Use of Personal Data

On December 18, 2012, the Federal Trade Commission issued Orders to File Special Report (the “Orders”) to nine data brokerage companies, seeking information about how these companies collect and use personal data about consumers. In the Orders, the FTC requests detailed information about the data brokers’ privacy practices, including:

  • the data brokerage companies’ online and offline products and services that use personal data;
  • the sources and types of personal data the data brokerage companies collect;
  • whether, and how, the companies acquire consumer consent before obtaining, collecting, generating, deriving, disseminating or storing the personal data;
  • whether, and how, the personal data is aggregated, anonymized or de-identified;
  • how the companies monitor, audit or evaluate the accuracy of the personal data they obtain;
  • if, and how, consumers are able to access, correct, delete or opt out of the collection, use or sharing of the personal data the data brokerage companies maintain about the consumers;
  • how the data brokerage companies provide notice to consumers about their data privacy practices;
  • the advertisements or promotional materials the companies use to describe their products and services; and
  • information about any complaints or disputes, or governmental or regulatory inquiries or actions, related to the companies’ data privacy practices.

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Tags: Advertisement, Anonymization, Behavioral Advertising, Congress, Consent, Consumer Protection, FCRA, Federal Trade Commission, Financial Privacy, Information Security, Marketing, Online Privacy, U.S. Federal Law

Election Results: Key Developments for Federal Privacy and Data Security Legislation

Reporting from Washington, D.C., Hunton & Williams partner Frederick Eames writes:

Elections have consequences. What are the consequences of the 2012 election on U.S. federal privacy, data security and breach notice legislation? We outline some key developments in the U.S. House of Representatives and Senate and explain how these developments might affect legislative priorities and prospects for the 113th Congress beginning in 2013.

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Tags: Behavioral Advertising, Cliff Stearns, Congress, Consumer Protection, Department of Commerce, Dodd-Frank Act, Federal Trade Commission, Jay Rockefeller, John Kerry, Legislation, Obama, Online Privacy, Patrick Leahy, Security Breach, Senate, U.S. Federal Law