Privacy Risks and Public Benefits of Big Data Federal Proposals Regarding Data Security and Privacy Regulation

Size: px
Start display at page:

Download "Privacy Risks and Public Benefits of Big Data Federal Proposals Regarding Data Security and Privacy Regulation"

Transcription

1 Privacy Risks and Public Benefits of Big Data Federal Proposals Regarding Data Security and Privacy Regulation Presented by: Francine E. Friedman (202) January 30, Akin Gump Strauss Hauer & Feld LLP

2 Congressional Interest in Privacy and Data Security in th Congress: Active interest in regulating the collection, use, sharing, and storage of online data. 20 pieces of legislation and numerous hearings addressed various facets of the issue: Collection of geolocation information from mobile devices Selling data on users internet activities and behavior Preventing employers from asking for login information to social networks Implementing proper safeguards to prevent data breaches A modest degree of bipartisan engagement.

3 Congress Unable to Move Legislation in Despite a string of high-profile privacy breaches, significant pressure from privacy hawks, and a degree of bipartisan engagement in Congress, no changes to privacy or data security standards were passed in the 112 th Congress. Why not? Too many cooks in the kitchen? Senate Judiciary Committee (Patrick Leahy) Subcommittee on Privacy, Technology, and the Law (Al Franken) Senate Commerce Committee (John Rockefeller) Subcommittee on Consumer Protection, Product Safety, and Insurance (Mark Pryor) Subcommittee on Communications, Technology, and the Internet (John Kerry) House Judiciary Committee (Lamar Smith) House Energy & Commerce Committee (Fred Upton) Subcommittee on Commerce, Manufacturing, and Trade (Mary Bono Mack) Too many competing bills? Lack of focus? Congressional gridlock in general? Political campaigns benefit from the ability to utilize vast amounts of voter data E.g., The official Presidential Inaugural Committee (PIC) mobile app, downloaded by tens of thousands of Obama supporters, provided users with information such as toilet locations, traffic alerts, and information on inaugural festivities. The app also allowed PIC to collect and share users data with candidates, organizations, groups or causes that we believe have similar political viewpoints, principles or objectives.

4 Administration Efforts in Light of Stalled Momentum in Congress We can t wait : Lack of congressional progress spurred Obama Administration (White House, Federal Trade Commission, Commerce Department) to look at executive branch solutions in Feb White House report ( Consumer Data Privacy in a Networked World: A Framework for Protecting Privacy and Promoting Innovation in the Global Digital Economy ) included four key elements: Consumer Privacy Bill of Rights to offer guidelines for private sector and government efforts to give users more control over how their personal information is used on the Internet and to help businesses maintain consumer trust; Multi-stakeholder process, convened by National Telecommunications and Information Administration (NTIA), to develop voluntary codes of conduct on privacy issues identified in the Consumer Privacy Bill of Rights; Strong enforcement by the FTC within its current jurisdiction; Greater interoperability between the United States privacy framework and those of our international partners.

5 Several Noteworthy Changes in the 113 th Congress Rep. Mary Bono Mack (R-CA) defeated in reelection bid. Chaired the Energy & Commerce subcommittee of jurisdiction and led efforts to find a consensus bill related to data security and breach notification. Rep. Lee Terry (R-NE) becomes new chairman of the E&C subcommittee on Commerce, Manufacturing, and Trade. Rep. Cliff Stearns (R-FL) defeated in reelection bid. One of few House Republicans to take a leading interest in privacy and data security issues. Sen. John Kerry (D-MA) nominated for Secretary of State. A proponent of strong privacy protections and a senior senator able to work well across the aisle and leverage personal friendships with Republicans. He chaired the Commerce Subcommittee on Communications, Technology, and the Internet. Rep. Ed Markey (D-MA) running for Sen. Kerry s vacant seat. A leading proponent of stricter children s privacy protections who has worked closely with Republican Joe Barton (TX) to advance legislation. Sen. John Rockefeller (D-WV) retiring at the end of Chairman of the Commerce Committee and very strong privacy advocate.

6 What to Expect From Leaders of the 113 th Congress Chairman Terry says privacy and data security won t be his subcommittee s top priority. However, he will gather a group of Committee D s and R s to begin looking at principles for a consensus-based privacy bill that can garner support from the business community and privacy advocates alike. Terry said he will also look at data security, using Bono Mack s SAFE Data Act as a starting point for the discussion this year. He sounds open to deviating from her bill, though, which stalled in the 112 th Congress. Chairman Rockefeller intends to continue playing at full-speed over the next two years, including in his effort to make the Internet more safe. Other key players (e.g., Sens. Blumenthal, Wyden, Franken, Leahy) appear poised to continue pushing privacy legislation from their committee and subcommittee perches.

7 Potential Legislation in the 113 th Congress Expired bills may be re-introduced in the 113 th Congress, for example: Sen. Wyden (D-OR) and Rep. Chaffetz (R-UT): Geolocation and Privacy Surveillance (GPS) Act Would prohibit companies from collecting or sharing geolocation information without the user s express consent. Sens. Franken (D-MN) and Blumenthal (D-CT): Location Privacy Protection Act Would require upfront notice and opt-in consent for tracking geolocation information; creates a private right of action. Sen. Leahy (D-VT): Personal Data Privacy and Security Act Would call for businesses to enact security procedures to protect sensitive data; creates a federal standard for notifying appropriate parties in the event of a breach. Sen. Blumenthal: Personal Data Protection and Breach Accountability Act Would create data breach notification/remedy/investigation standards; creates a private right of action. Sens. Rockefeller and Pryor (D-AR): Data Security and Breach Notification Act Would require businesses and not-for-profits to implement security measures and alert consumers when data has been compromised; in the event of a breach, affected individuals would be entitled to free credit monitoring services Sen. Rockefeller: Do-Not-Track Online Act Would give consumers the ability to opt out of having their online data tracked and stored; also applies to data collected from mobile devices Sens. Carper (D-DE) and Blunt (R-MO): Data Security Act Primarily focused on financial institutions; requires entities that possess sensitive information to build safeguards and implement policies for investigating security breaches and notifying consumers when a substantial risk of identity theft or account fraud exists

8 Legislative Proposals: Who Might be Impacted? In 112 th Congress, most bills applied to all commercial entities, regardless of size or sophistication From multinational corporations to individuals developing mobile apps in a garage Regulations based on the number of records or amount of data stored Some bills applied to not-for-profit organizations (e.g., universities, charities) S (Rockefeller-Pryor) singled out universities as covered entities H.R (Stearns) singled out 501(c)(3) organizations as covered entities Direct or indirect impact on wide range of entities Data brokers Retailers and companies that advertise online Banks and other financial services companies Mobile application developers Law enforcement agencies Web browsers and internet providers Large employers and many, many others

9 What Could Spur Congressional Action? More high-profile data breaches that re-focus public attention on the issues of privacy and data security Closer coordination among legislators Fewer bills introduced More legislative energy dedicated in support of any given bill Industry advocacy on behalf of a proposal Recognition that if consumers don t feel as if their personal information is safe online, they will be less likely to use online services Recognition that a single federal law is preferable to a patchwork of dozens of conflicting state laws. This is especially salient in the case of data security and breach notification standards, where businesses are subject to local regulations in nearly all 50 states. Threat of more Executive Orders Nothing motivates congressional Republicans like the fear of an unchecked President Obama; quick action in Congress may forestall White House involvement.

10 What to Expect from the Administration in 2013 Cybersecurity executive order expected in the very near future President Obama poised to take executive action in the wake of congressional failure in late 2012 to pass a cyber bill. The latest draft order does not mention data security, but stakeholders continue to comment and await the final version of the order. NTIA multi-stakeholder process on mobile app privacy policy transparency The multi-stakeholder group is beginning to coalesce around a mobile app transparency code of conduct, but disagreement remains over how apps should communicate the ways they leverage data collection. Also undecided is the question of whether users should have to acknowledge receipt of the privacy notice before they can download an app. Once agreement is reached by all participants, adoption of the codes of conduct will be voluntary. Any entity that agrees to opt into the voluntary regime, however, must adhere to the codes under force of penalty from the FTC.

11 Privacy Risks and Public Benefits of Big Data Federal Proposals Regarding Data Security and Privacy Regulation Presented by: Francine E. Friedman (202) January 30, Akin Gump Strauss Hauer & Feld LLP

Summary of Privacy and Data Security Bills- 112 th Congress. Prepared for September 15, 2011 CT Privacy Forum

Summary of Privacy and Data Security Bills- 112 th Congress. Prepared for September 15, 2011 CT Privacy Forum Summary of Privacy and Data Security Bills- 112 th Congress Prepared for September 15, 2011 CT Privacy Forum GEOLOCATION TRACKING The Location Privacy Protection Act of 2011 (S. 1223)- introduced by s

More information

Daily Report for Executives

Daily Report for Executives Daily Report for Executives Reproduced with permission from Daily Report for Executives, (139 DER B-1, 7/20/11), 07/20/2011. Copyright 2011 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com

More information

COMMENTARY. U.S. Congress Ready to Enact Data Security and Breach Notification Rules After Recent. Existing Data Protection and Breach JONES DAY

COMMENTARY. U.S. Congress Ready to Enact Data Security and Breach Notification Rules After Recent. Existing Data Protection and Breach JONES DAY February 2014 JONES DAY COMMENTARY U.S. Congress Ready to Enact Data Security and Breach Notification Rules After Recent Consumer Data Breaches In December 2013, a U.S. national retail store announced

More information

When Can We Expect a Federal Data Breach Notification Law?

When Can We Expect a Federal Data Breach Notification Law? When Can We Expect a Federal Data Breach Notification Law? The Trials and Tribulations of Getting a DBN Bill through Congress. Alexi Madon Director of State Government Affairs, Midwest Cybersecurity Overview

More information

Children s Privacy in the Mobile Data Environment

Children s Privacy in the Mobile Data Environment DataGuidance is the leading global data protection and privacy compliance resource tool, created with a single aim - to make data protection and privacy compliance simpler. It delivers, in one site, legal

More information

Government Focus on Cybersecurity Elevates Data Breach Legislation. by Experian Government Relations and Experian Data Breach Resolution

Government Focus on Cybersecurity Elevates Data Breach Legislation. by Experian Government Relations and Experian Data Breach Resolution Government Focus on Cybersecurity Elevates Data Breach Legislation by Experian Government Relations and Experian Data Breach Resolution Will Congress pass data breach legislation in 2015/2016? Recent high-profile

More information

MEMORANDUM MEMBERS OF THE SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

MEMORANDUM MEMBERS OF THE SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION MEMORANDUM TO: FROM: MEMBERS OF THE SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION REPUBLICAN COMMITTEE STAFF DATE: FEBRUARY 3, 2015 RE: SUBCOMMITTEE HEARING ON GETTING IT RIGHT ON DATA SECURITY

More information

CDT ISSUE BRIEF ON FEDERAL DATA BREACH NOTIFICATION LEGISLATION

CDT ISSUE BRIEF ON FEDERAL DATA BREACH NOTIFICATION LEGISLATION CDT ISSUE BRIEF ON FEDERAL DATA BREACH NOTIFICATION LEGISLATION January 27, 2015 A September 2014 Ponemon study found that 60% of U.S. companies have experienced more than one data breach in the past two

More information

114 th Congress March, 2015. Cybersecurity Legislation and Executive Branch Activity I. ADMINSTRATION S CYBERSECURITY PROPOSALS

114 th Congress March, 2015. Cybersecurity Legislation and Executive Branch Activity I. ADMINSTRATION S CYBERSECURITY PROPOSALS 114 th Congress March, 2015 Cybersecurity Legislation and Executive Branch Activity I. ADMINSTRATION S CYBERSECURITY PROPOSALS On January 13, 2015, the Administration wrote a letter to Congress urging

More information

Online Interest-Based Advertising: The Road Traveled and the Road Ahead

Online Interest-Based Advertising: The Road Traveled and the Road Ahead Online Interest-Based Advertising: The Road Traveled and the Road Ahead Genie Barton VP & Director, Online Interest-Based Advertising Program Advertising Self-Regulatory Council (ASRC)/ Council of Better

More information

ONLINE BEHAVIORAL ADVERTISING: Trends, Public Policy, and Consumer Reactions

ONLINE BEHAVIORAL ADVERTISING: Trends, Public Policy, and Consumer Reactions ONLINE BEHAVIORAL ADVERTISING: Trends, Public Policy, and Consumer Reactions Moderator Paul H. Luehr, Managing Director, Stroz Friedberg October 20, 2011 Copyright 2009, STROZ FRIEDBERG, All Rights Reserved

More information

How Cybersecurity Initiatives May Impact Operators. Ross A. Buntrock, Partner ross.buntrock@agg.com 202.669.0495

How Cybersecurity Initiatives May Impact Operators. Ross A. Buntrock, Partner ross.buntrock@agg.com 202.669.0495 How Cybersecurity Initiatives May Impact Operators Ross A. Buntrock, Partner ross.buntrock@agg.com 202.669.0495 Agenda! Rise in Data Breaches! Effects of Increase in Cybersecurity Threats! Cybersecurity

More information

the download In this Issue: August 2012 Heard on the Hill Senate Commerce Ponders Self-Regulation

the download In this Issue: August 2012 Heard on the Hill Senate Commerce Ponders Self-Regulation the download DEVELOPMENTS IN E-COMMERCE, PRIVACY, INTERNET ADVERTISING, MARKETING AND INFORMATION SERVICES LAW AND POLICY Winner of Chambers USA "Award of Excellence" for the top privacy practice in the

More information

Pending Federal Initiatives To Further Regulate Data Privacy and Cyber Security

Pending Federal Initiatives To Further Regulate Data Privacy and Cyber Security Pending Federal Initiatives To Further Regulate Data Privacy and Cyber Security As of September 2011 Prepared for The Advanced Cyber Security Center Launch Conference The MITRE Corporation Michele A. Whitham

More information

Cyber Legislation & Policy Developments 2014

Cyber Legislation & Policy Developments 2014 Cyber Legislation & Policy Developments 2014 SESSION ID: LAW-Fo2 Michael A. Aisenberg, Esq. Chair, ABA Information Security Committee Policy Task Force ABA Section on Science & Technology Law Principal

More information

Cybersecurity and Data Breach: Mitigating Risk and How Government Policymakers Approach These Critical Issues

Cybersecurity and Data Breach: Mitigating Risk and How Government Policymakers Approach These Critical Issues Cybersecurity and Data Breach: Mitigating Risk and How Government Policymakers Approach These Critical Issues Todd Bertoson Daniel Gibb Erin Sheppard Principal Senior Managing Associate Counsel todd.bertoson@dentons.com

More information

United States Government 101 A Refresher Course

United States Government 101 A Refresher Course United States Government 101 A Refresher Course Most of us learned the process of how a bill becomes a law in school civics classes. You don't need a PhD in political science to become involved and bring

More information

.com Registry Agreement Renewal: Changes at ICANN and Politics will Affect ICANN-Verisign Negotiations to Renew the.com Registry Agreement

.com Registry Agreement Renewal: Changes at ICANN and Politics will Affect ICANN-Verisign Negotiations to Renew the.com Registry Agreement July 7, 2015.com Registry Agreement Renewal: Changes at ICANN and Politics will Affect ICANN-Verisign Negotiations to Renew the.com Registry Agreement Changes Facing VeriSign s Negotiating Partners Creates

More information

February 2015. Introduction

February 2015. Introduction February 2015 ISSUE EDITORS: Stuart P. Ingis singis@venable.com Michael A. Signorelli masignorelli@venable.com Ariel S. Wolf awolf@venable.com ADDITIONAL CONTRIBUTORS: Emilio W. Cividanes ecividanes@venable.com

More information

The Year Ahead in Privacy and Data Security

The Year Ahead in Privacy and Data Security Contact: Timothy J. Toohey Partner 213.417.5324 ttoohey@mpplaw.com The Year Ahead in Privacy and Data Security 2014 promises to be another eventful year in the privacy and data security fields. Although

More information

LEGISLATIVE AND PUBLIC POLICY ADVISORY

LEGISLATIVE AND PUBLIC POLICY ADVISORY LEGISLATIVE AND PUBLIC POLICY ADVISORY January 10, 2006 Data Security Breach Measures Advance on Federal and State Levels INTRODUCTION Just hours before Congress recessed for the Christmas holiday, the

More information

Privacy and Data Breaches

Privacy and Data Breaches Privacy and Data Breaches A GROWING AIRPORT CONCERN Dominic Nessi Los Angeles World Airports Privacy in General There is none Google and other search engines, cookies Growth of on-line commerce Social

More information

Thank you for the opportunity to join you here today.

Thank you for the opportunity to join you here today. Ambassador Daniel A. Sepulveda Remarks on the U.S. Privacy Framework and Signals Intelligence Reforms November 3, 2015 Digital Europe Brussels, Belgium Thank you for the opportunity to join you here today.

More information

NOVEMBER/DECEMBER 2012 DEVOTED TO INT ELLECTUAL P ROPERTY LIT IGATION & ENFORCEMENT. Edited by the Law Firm of Grimes & Battersby.

NOVEMBER/DECEMBER 2012 DEVOTED TO INT ELLECTUAL P ROPERTY LIT IGATION & ENFORCEMENT. Edited by the Law Firm of Grimes & Battersby. NOVEMBER/DECEMBER 2012 VOLUME 18 NUMBER 6 DEVOTED TO INT ELLECTUAL P ROPERTY LIT IGATION & ENFORCEMENT Edited by the Law Firm of Grimes & Battersby Litigator Online Behavioral Advertising: A User s Guide

More information

Jan Philipp Albrecht Rapporteur, Committee on Civil Liberties, Justice and Home Affairs European Parliament

Jan Philipp Albrecht Rapporteur, Committee on Civil Liberties, Justice and Home Affairs European Parliament September 5, 2012 Jan Philipp Albrecht Rapporteur, Committee on Civil Liberties, Justice and Home Affairs European Parliament Lara Comi Rapporteur, Committee on Internal market and Consumer Protection

More information

PENDING FEDERAL INITIATIVES TO FURTHER REGULATE DATA PRIVACY AND CYBER SECURITY. As of June 7, 2012

PENDING FEDERAL INITIATIVES TO FURTHER REGULATE DATA PRIVACY AND CYBER SECURITY. As of June 7, 2012 PENDING FEDERAL INITIATIVES TO FURTHER REGULATE DATA PRIVACY AND CYBER SECURITY As of Prepared for the June 14, 2012 ACSC Technical Exchange Meeting Assembled by Colin Zick and Michele Whitham czick@foleyhoag.com

More information

Data Security. Updated April, 2006. CCIM Institute 430 N. Michigan Avenue Chicago, IL 60611 (312) 321-4460

Data Security. Updated April, 2006. CCIM Institute 430 N. Michigan Avenue Chicago, IL 60611 (312) 321-4460 Data Security Updated April, 2006 CCIM Institute 430 N. Michigan Avenue Chicago, IL 60611 (312) 321-4460 Background As technology has evolved and become vital for businesses, a growing number of public

More information

White House Report May Have Long-Term Effect on Consumer Privacy and How Companies Do Business

White House Report May Have Long-Term Effect on Consumer Privacy and How Companies Do Business White House Report May Have Long-Term Effect on Consumer Privacy and How Companies Do Business April 10, 2012 Boston Brussels Chicago Düsseldorf Houston London Los Angeles Miami Milan Munich New York Orange

More information

Privacy & Cybersecurity

Privacy & Cybersecurity Privacy & Cybersecurity Update January 14, 2015 Learn More If you have any questions regarding the matters discussed in this memorandum, please contact the attorneys listed on Page 5, or your regular Skadden

More information

Re: Big Data Request for Information

Re: Big Data Request for Information March 31, 2014 Attn: Big Data Study Office of Science and Technology Policy Eisenhower Executive Office Building 1650 Pennsylvania Avenue NW Washington, D.C. 20502 Ladies and Gentlemen: Re: Big Data Request

More information

BEFORE THE SUBCOMMITTEE ON COMMERCE, MANUFACTURING AND TRADE HOUSE COMMITTEE ON ENERGY AND COMMERCE HEARING ON BALANCING PRIVACY AND INNOVATION:

BEFORE THE SUBCOMMITTEE ON COMMERCE, MANUFACTURING AND TRADE HOUSE COMMITTEE ON ENERGY AND COMMERCE HEARING ON BALANCING PRIVACY AND INNOVATION: BEFORE THE SUBCOMMITTEE ON COMMERCE, MANUFACTURING AND TRADE OF THE HOUSE COMMITTEE ON ENERGY AND COMMERCE HEARING ON BALANCING PRIVACY AND INNOVATION: DOES THE PRESIDENT'S PROPOSAL TIP THE SCALE? MARCH

More information

PREPARED STATEMENT OF THE FEDERAL TRADE COMMISSION. Protecting Personal Consumer Information from Cyber Attacks and Data Breaches.

PREPARED STATEMENT OF THE FEDERAL TRADE COMMISSION. Protecting Personal Consumer Information from Cyber Attacks and Data Breaches. PREPARED STATEMENT OF THE FEDERAL TRADE COMMISSION on Protecting Personal Consumer Information from Cyber Attacks and Data Breaches Before the COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION UNITED

More information

SUMMARY. 2. Covered information, which is the key term, is very broadly defined and includes the following with respect to an individual:

SUMMARY. 2. Covered information, which is the key term, is very broadly defined and includes the following with respect to an individual: CLIENT MEMORANDUM DRAFT FEDERAL PRIVACY BILL WOULD DRAMATICALLY AFFECT HOW A WIDE RANGE OF COMPANIES COLLECT, USE, AND DISCLOSE CERTAIN INFORMATION ABOUT INDIVIDUALS, BOTH ONLINE AND OFFLINE On May 4,

More information

US Legislative Agenda

US Legislative Agenda US Legislative Agenda Over 35 pieces of legislation have been introduced in 111th Congress, addressing Cybersecurity, addressing among other things: Organizational Responsibilities Compliance and Accountability

More information

Surviving the Era of Hack Attacks Cyber Security on a Global Scale

Surviving the Era of Hack Attacks Cyber Security on a Global Scale Surviving the Era of Hack Attacks Cyber Security on a Global Scale Dr. Adriana Sanford ASU Lincoln Professor of Global Corporate Compliance and Ethics Clinical Associate Professor of Law and Ethics This

More information

DMA COMMENTS ON STEARNS AND BOUCHER PRIVACY LEGISLATION DISCUSSION DRAFT

DMA COMMENTS ON STEARNS AND BOUCHER PRIVACY LEGISLATION DISCUSSION DRAFT DM Unplugged What's New Contact Us Login MyDMA Home Membership Advocacy Events and Education News Research Corporate Responsibility DMA Bookstore About DMA Search: click here GO! DMA COMMENTS ON STEARNS

More information

Delving Into FCC's 'Damn Important' Cybersecurity Report

Delving Into FCC's 'Damn Important' Cybersecurity Report Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Delving Into FCC's 'Damn Important' Cybersecurity

More information

Trends in Data Breach and CybersecurityRegulation, Legislation and Litigation. Part I

Trends in Data Breach and CybersecurityRegulation, Legislation and Litigation. Part I Trends in Data Breach and CybersecurityRegulation, Legislation and Litigation Part I March 20, 2014 Speakers John J. Sullivan, Partner, rejoined Mayer Brown after serving as General Counsel at the US Department

More information

1851 (d) RULE OF CONSTRUCTION. Nothing in this section shall be construed to (1) require a State to report data under subsection

1851 (d) RULE OF CONSTRUCTION. Nothing in this section shall be construed to (1) require a State to report data under subsection U:\REPT\OMNI\FinalOmni\CPRT--HPRT-RU00-SAHR-AMNT.xml 0 (d) RULE OF CONSTRUCTION. Nothing in this section shall be construed to () require a State to report data under subsection (a); or () require a non-federal

More information

Legislative & Regulatory Update 2 nd Quarter 2013

Legislative & Regulatory Update 2 nd Quarter 2013 Legislative & Regulatory Update 2 nd Quarter 2013 FEDERAL LEGISLATIVE AND REGULATORY ACTIONS Consumer Protection Consumer Financial Protection Bureau 2013-06-26: CFPB releases procedural rule on notifying

More information

TESTIMONY OF TIM PAWLENTY. Chief Executive Officer, The Financial Services Roundtable. Committee on Homeland Security and Government Affairs

TESTIMONY OF TIM PAWLENTY. Chief Executive Officer, The Financial Services Roundtable. Committee on Homeland Security and Government Affairs TESTIMONY OF TIM PAWLENTY Chief Executive Officer, The Financial Services Roundtable Committee on Homeland Security and Government Affairs Hearing entitled Data Breach on the Rise: Protecting Personal

More information

NSA Data Collection and its Impact on Cloud and Outsourcing and Recent Privacy and Security Developments on Capitol Hill

NSA Data Collection and its Impact on Cloud and Outsourcing and Recent Privacy and Security Developments on Capitol Hill NSA Data Collection and its Impact on Cloud and Outsourcing and Recent Privacy and Security Developments on Capitol Hill Marcus Christian Partner +1 202 263 3731 mchristian@mayerbrown.com Howard W. Waltzman

More information

PRIVACY & DATA PROTECTION ANNUAL REPORT

PRIVACY & DATA PROTECTION ANNUAL REPORT 2012 2013 PRIVACY & DATA PROTECTION ANNUAL REPORT CONTENTS 2 Leading the Way 4 A Strong Privacy Advocate 7 Protecting Our Customers 16 The Mobile Revolution PREFACE by Dr. Larry Ponemon Chairman & Founder,

More information

Testimony. of Jonathan Zuck President The Association for Competitive Technology

Testimony. of Jonathan Zuck President The Association for Competitive Technology Testimony of Jonathan Zuck President The Association for Competitive Technology before the Committee on Energy and Commerce The Subcommittee on Commerce, Manufacturing, and Trade on Balancing Privacy and

More information

WRITTEN TESTIMONY OF JENNIFER BARRETT-GLASGOW GLOBAL PRIVACY OFFICER ACXIOM CORPORATION

WRITTEN TESTIMONY OF JENNIFER BARRETT-GLASGOW GLOBAL PRIVACY OFFICER ACXIOM CORPORATION WRITTEN TESTIMONY OF JENNIFER BARRETT-GLASGOW GLOBAL PRIVACY OFFICER ACXIOM CORPORATION BEFORE THE UNITED STATES HOUSE COMMITTEE ON ENERGY AND COMMERCE SUBCOMMITTEE ON COMMERCE, MANUFACTURING AND TRADE

More information

Data, Privacy, Cookies and the FTC in 2013. Kevin Stark - ExactTarget Maltie Maraj - ExactTarget Nicholas Merker - Ice Miller

Data, Privacy, Cookies and the FTC in 2013. Kevin Stark - ExactTarget Maltie Maraj - ExactTarget Nicholas Merker - Ice Miller Data, Privacy, Cookies and the FTC in 2013 Kevin Stark - ExactTarget Maltie Maraj - ExactTarget Nicholas Merker - Ice Miller BIOS Kevin Stark: Product Manager at ExactTarget. Focused on data security,

More information

HIPAA Privacy and Security Changes in the American Recovery and Reinvestment Act

HIPAA Privacy and Security Changes in the American Recovery and Reinvestment Act International Life Sciences Arbitration Health Industry Alert If you have questions or would like additional information on the material covered in this Alert, please contact the author: Brad M. Rostolsky

More information

Senate Subcommittee Hearing and Report Regarding Online Advertising and Hidden Hazards to Consumer Security and Data Privacy

Senate Subcommittee Hearing and Report Regarding Online Advertising and Hidden Hazards to Consumer Security and Data Privacy MORRISON & FOERSTER LLP MEMORANDUM TO: FROM: ESPC Reed Freeman Patrick Bernhardt DATE: May 16, 2014 RE: Senate Subcommittee Hearing and Report Regarding Online Advertising and Hidden Hazards to Consumer

More information

The SEC s Initial Involvement: Encouraging Disclosures. From Comment Letters to Enforcement

The SEC s Initial Involvement: Encouraging Disclosures. From Comment Letters to Enforcement SEC ENFORCEMENT The SEC s Two Primary Theories in Cybersecurity Enforcement Actions By Daniel F. Schubert, Jonathan G. Cedarbaum and Leah Schloss WilmerHale Cyber attacks are increasingly common and affect

More information

Privacy Legislation And Regulation To Watch In 2015

Privacy Legislation And Regulation To Watch In 2015 Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Privacy Legislation And Regulation To Watch In 2015

More information

Legislative Proposals for the Maryland Commission on Cyber Security Innovation and Excellence

Legislative Proposals for the Maryland Commission on Cyber Security Innovation and Excellence Legislative Proposals for the Maryland Commission on Cyber Security Innovation and Excellence December 6, 2012 Michael Greenberger Professor of Law Founder and Director, CHHS Legislative Proposals Maryland

More information

RE: Federal Election Commission (FEC) and State Regulation of Online Political Advertising

RE: Federal Election Commission (FEC) and State Regulation of Online Political Advertising MEMO RE: Federal Election Commission (FEC) and State Regulation of Online Political Advertising Date: Winter 2012 FEC Background: The Federal Election Commission (FEC) is an independent regulatory agency

More information

Testimony of Cameron F. Kerry General Counsel U.S. Department of Commerce

Testimony of Cameron F. Kerry General Counsel U.S. Department of Commerce Testimony of Cameron F. Kerry General Counsel U.S. Department of Commerce Hearing on The Need for Privacy Protections: Perspectives from the Administration and the Federal Trade Commission Committee on

More information

US House Energy and Commerce Committee. Commerce, Manufacturing, and Trade Subcommittee

US House Energy and Commerce Committee. Commerce, Manufacturing, and Trade Subcommittee US House Energy and Commerce Committee Commerce, Manufacturing, and Trade Subcommittee Protecting Consumer Information: Can Data Braches Be Prevented? February 5, 2014 Congressmen in Attendance: Rep. Lee

More information

RECOMMENDED CHARTER FOR THE IDENTITY ECOSYSTEM STEERING GROUP

RECOMMENDED CHARTER FOR THE IDENTITY ECOSYSTEM STEERING GROUP RECOMMENDED CHARTER FOR THE IDENTITY ECOSYSTEM STEERING GROUP 1. Identity Ecosystem Steering Group Charter The National Strategy for Trusted Identities in Cyberspace (NSTIC or Strategy), signed by President

More information

Shipman & Goodwin LLP. HIPAA Alert STIMULUS PACKAGE SIGNIFICANTLY EXPANDS HIPAA REQUIREMENTS

Shipman & Goodwin LLP. HIPAA Alert STIMULUS PACKAGE SIGNIFICANTLY EXPANDS HIPAA REQUIREMENTS Shipman & Goodwin LLP HIPAA Alert March 2009 STIMULUS PACKAGE SIGNIFICANTLY EXPANDS HIPAA REQUIREMENTS The economic stimulus package, officially named the American Recovery and Reinvestment Act of 2009

More information

Eight Important Online Retail (and Marketing) Policy Issues

Eight Important Online Retail (and Marketing) Policy Issues Eight Important Online Retail (and Marketing) Policy Issues Tuesday, April 29 Online Marketing Update @ Darden Scott Silverman Executive Director, Shop.org NRF s Digital Division US ecommerce sales, 2007

More information

KEY LEGAL ISSUES IN TODAY S MOBILE MARKETING:

KEY LEGAL ISSUES IN TODAY S MOBILE MARKETING: KEY LEGAL ISSUES IN TODAY S MOBILE MARKETING: Emerging Trends in Mobile Technology, Location-Based Services, and Mobile Commerce Mark Bisard, American Express Nate Hole, Loeb & Loeb LLP Brian Nixon, Loeb

More information

I. INTRODUCTION. Voluntary Best Practices for UAS Privacy, Transparency, and Accountability

I. INTRODUCTION. Voluntary Best Practices for UAS Privacy, Transparency, and Accountability I. INTRODUCTION The benefits of commercial and private unmanned aircraft systems (UAS) are substantial. Technology has moved forward rapidly, and what used to be considered toys are quickly becoming powerful

More information

Dean C. Garfield President & CEO, Information Technology Industry Council (ITI) Committee on Energy and Commerce

Dean C. Garfield President & CEO, Information Technology Industry Council (ITI) Committee on Energy and Commerce Written Testimony of Dean C. Garfield President & CEO, Information Technology Industry Council (ITI) Before the Committee on Energy and Commerce Subcommittee on Communications and Technology U.S. House

More information

Cybersecurity Information Sharing Legislation Protecting Cyber Networks Act (PCNA) National Cybersecurity Protection Advancement (NCPA) Act

Cybersecurity Information Sharing Legislation Protecting Cyber Networks Act (PCNA) National Cybersecurity Protection Advancement (NCPA) Act In a flurry of activity, the U.S. House of Representatives last week passed two cybersecurity information sharing bills. Both the House Intelligence Committee and the House Homeland Security Committee

More information

Around the Financial Services World in 90 Minutes

Around the Financial Services World in 90 Minutes Around the Financial Services World in 90 Minutes By Lynn A. Goldstein L. Richard Fischer Russell W. Schrader Melanie Shillito March 8, 2013 1 U.S. Privacy and Data Security 2 WHITE HOUSE PRIVACY FRAMEWORK

More information

Before the. Committee on Energy and Commerce Subcommittee on Communications and Technology United States House of Representatives

Before the. Committee on Energy and Commerce Subcommittee on Communications and Technology United States House of Representatives Testimony of Fiona M. Alexander Associate Administrator, Office of International Affairs National Telecommunications and Information Administration United States Department of Commerce Before the Committee

More information

Online Behavioral Advertising: Trends and Developments

Online Behavioral Advertising: Trends and Developments Online Behavioral Advertising: Trends and Developments D. Reed Freeman, Julie O'Neill and Nicholas Datlowe, Morrison & Foerster LLP Online behavioral advertising programs, which target consumers based

More information

To: CHIME Members From: CHIME Public Policy Staff Re: Summary - Interoperability Section (Sec. 3001) of the 21 st Century Cures Legislation

To: CHIME Members From: CHIME Public Policy Staff Re: Summary - Interoperability Section (Sec. 3001) of the 21 st Century Cures Legislation To: CHIME Members From: CHIME Public Policy Staff Re: Summary - Interoperability Section (Sec. 3001) of the 21 st Century Cures Legislation Purpose: Below is an overview of the section of the 21 st Century

More information

FTC Consumer Protection Priorities In 2015

FTC Consumer Protection Priorities In 2015 Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com FTC Consumer Protection Priorities In 2015 Law360,

More information

Cybersecurity and Corporate America: Finding Opportunities in the New Executive Order

Cybersecurity and Corporate America: Finding Opportunities in the New Executive Order Executive Order: In the President s State of the Union Address on February 12, 2013, he announced an Executive Order Improving Critical Infrastructure Cybersecurity (EO) to strengthen US cyber defenses

More information

THE WHITE HOUSE Office of the Press Secretary

THE WHITE HOUSE Office of the Press Secretary FOR IMMEDIATE RELEASE February 13, 2015 THE WHITE HOUSE Office of the Press Secretary FACT SHEET: White House Summit on Cybersecurity and Consumer Protection As a nation, the United States has become highly

More information

Technological Evolution

Technological Evolution Technological Evolution The Impact of Social Media, Big Data and Privacy on Business Government Regulation, Enforcement and Legislation on Privacy, Cyber Security and Social Media Jeff Brueggeman Vice

More information

OUTREACH. July 8, 2014 Vol. 2 Issue 20 GOING FORWARD

OUTREACH. July 8, 2014 Vol. 2 Issue 20 GOING FORWARD July 8, 2014 Vol. 2 Issue 20 GOING FORWARD OUTREACH Florida House Education Appropriations Budget Chief Allyce Heflin Visits FAU s Boca Campus On June 9, 2014, Allyce Heflin, the Florida House Education

More information

3/17/2015. Overview HIPAA. Who s Covered? Who s Not Covered? PRIVACY & SECURITY. Regulatory Patchwork: Mobile Health

3/17/2015. Overview HIPAA. Who s Covered? Who s Not Covered? PRIVACY & SECURITY. Regulatory Patchwork: Mobile Health PRIVACY & SECURITY Regulatory Patchwork: Mobile Health Anna Watterson, Davis Wright Tremaine, LLP Overview When HIPAA applies to mobile apps When FTC has jurisdiction over mobile apps Other considerations:

More information

H&R Block Digital Tax Preparation, Online, and Mobile Application Privacy Practices and Principles

H&R Block Digital Tax Preparation, Online, and Mobile Application Privacy Practices and Principles Privacy Notice H&R Block Digital Tax Preparation, Online, and Mobile Application Privacy Practices and Principles Protecting your information is important to us. The following guidelines set forth our

More information

The Structure and Function of the Legislative Branch Notes. Section 1: The Senate and the House of Representatives

The Structure and Function of the Legislative Branch Notes. Section 1: The Senate and the House of Representatives Attachment A The Structure and Function of the Legislative Branch Notes Section 1: The Senate and the House of Representatives The Role of Congress Congress is the lawmaking or legislative body of our

More information

BEFORE THE HEARING ON DECEMBER 18, 2013 TESTIMONY OF JERRY CERASALE

BEFORE THE HEARING ON DECEMBER 18, 2013 TESTIMONY OF JERRY CERASALE BEFORE THE SENATE COMMITTEEON COMMERCE, SCIENCE, & TRANSPORTATION HEARING ON WHATINFORMATION DO DATA BROKERS HAVE ON CONSUMERS, AND HOW DO THEY USE IT? DECEMBER 18, 2013 TESTIMONY OF JERRY CERASALE SENIOR

More information

H. R. 5005 11 SEC. 201. DIRECTORATE FOR INFORMATION ANALYSIS AND INFRA STRUCTURE PROTECTION.

H. R. 5005 11 SEC. 201. DIRECTORATE FOR INFORMATION ANALYSIS AND INFRA STRUCTURE PROTECTION. H. R. 5005 11 (d) OTHER OFFICERS. To assist the Secretary in the performance of the Secretary s functions, there are the following officers, appointed by the President: (1) A Director of the Secret Service.

More information

Industrial Loan Companies After The Moratorium

Industrial Loan Companies After The Moratorium Portfolio Media, Inc. 648 Broadway, Suite 200 New York, NY 10012 www.law360.com Phone: +1 212 537 6331 Fax: +1 212 537 6371 customerservice@portfoliomedia.com Industrial Loan Companies After The Moratorium

More information

CELL PHONE UNLOCKING: A LEGAL PRIMER. of the Librarian of Congress not to allow consumers to unlock their cell phones to access

CELL PHONE UNLOCKING: A LEGAL PRIMER. of the Librarian of Congress not to allow consumers to unlock their cell phones to access Jonathan Band jband@policybandwidth.com On March 4, 2012, the White House announced that it disagreed with the decision of the Librarian of Congress not to allow consumers to unlock their cell phones to

More information

Testimony of. Hearing Entitled Should the Department of Commerce Relinquish Direct Oversight Over ICANN? April 10, 2014

Testimony of. Hearing Entitled Should the Department of Commerce Relinquish Direct Oversight Over ICANN? April 10, 2014 Testimony of The Honorable Lawrence E. Strickling Assistant Secretary for Communications and Information National Telecommunications and Information Administration United States Department of Commerce

More information

BIG DATA AND INSURANCE SYMPOSIUM

BIG DATA AND INSURANCE SYMPOSIUM BIG DATA AND INSURANCE SYMPOSIUM ATTORNEY GENERAL GEORGE JEPSEN UNIVERSITY OF CONNECTICUT SCHOOL OF LAW APRIL 3, 2014 (REVISED FOR PUBLICATION) *** This Article reproduces the keynote address delivered

More information

Delaware Cyber Security Workshop September 29, 2015. William R. Denny, Esquire Potter Anderson & Corroon LLP

Delaware Cyber Security Workshop September 29, 2015. William R. Denny, Esquire Potter Anderson & Corroon LLP Changing Legal Landscape in Cybersecurity: Implications for Business Delaware Cyber Security Workshop September 29, 2015 William R. Denny, Esquire Potter Anderson & Corroon LLP Agenda Growing Cyber Threats

More information

The FTC Proposed Principles are focused around four core issues. 6

The FTC Proposed Principles are focused around four core issues. 6 FEDERAL TRADE COMMISSION PROPOSES PRINCIPLES children online, 4 and numerous enforcement actions regarding a wide variety of deceptive practices online, including those related to the failure to adequately

More information

CLIENT UPDATE CRITICAL INFRASTRUCTURE CYBERSECURITY: U.S. GOVERNMENT RESPONSE AND IMPLICATIONS

CLIENT UPDATE CRITICAL INFRASTRUCTURE CYBERSECURITY: U.S. GOVERNMENT RESPONSE AND IMPLICATIONS CLIENT UPDATE CRITICAL INFRASTRUCTURE CYBERSECURITY: U.S. GOVERNMENT RESPONSE AND IMPLICATIONS NEW YORK Jeremy Feigelson jfeigelson@debevoise.com WASHINGTON, D.C. Satish M. Kini smkini@debevoise.com Renee

More information

Building Privacy Into Advertising and Marketing: The Intersection of Advertising and Privacy. June 2, 2011

Building Privacy Into Advertising and Marketing: The Intersection of Advertising and Privacy. June 2, 2011 Building Privacy Into Advertising and Marketing: The Intersection of Advertising and Privacy Sheila A. Millar Partner Keller and Heckman LLP 1001 G Street, N.W. Washington, DC 20001 202-434-4143 millar@khlaw.com

More information

A Privacy and Data Security Checklist for All

A Privacy and Data Security Checklist for All July 2015 Many companies know they have to follow privacy and data security rules. Companies in the health care industry know about Health Insurance Portability and Accountability Act (HIPAA). Financial

More information

Before the NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE Washington, DC 20230

Before the NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE Washington, DC 20230 Before the NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE Washington, DC 20230 COMMENTS of the DIRECT MARKETING ASSOCIATION, INC. on the Multistakeholder Process

More information

The HITECH Act: Implications to HIPAA Covered Entities and Business Associates. Linn F. Freedman, Esq.

The HITECH Act: Implications to HIPAA Covered Entities and Business Associates. Linn F. Freedman, Esq. The HITECH Act: Implications to HIPAA Covered Entities and Business Associates Linn F. Freedman, Esq. Introduction and Overview On February 17, 2009, President Obama signed P.L. 111-05, the American Recovery

More information

Perspectives on Cyber Security & Digital Issues

Perspectives on Cyber Security & Digital Issues Perspectives on Cyber Security & Digital Issues Gary R. Bronstein June 12, 2014 2014 Kilpatrick Townsend Background Cyber security and prevention of data breaches are increasing in importance in the wake

More information

Cybersecurity: Authoritative Reports and Resources

Cybersecurity: Authoritative Reports and Resources Cybersecurity: Authoritative Reports and Resources Rita Tehan Information Research Specialist July 18, 2013 CRS Report for Congress Prepared for Members and Committees of Congress Congressional Research

More information

CRS Report for Congress

CRS Report for Congress Order Code RL33612 CRS Report for Congress Received through the CRS Web Department of Veterans Affairs: Information Security and Information Technology Management Reorganization August 14, 2006 Sidath

More information

Testimony of. Doug Johnson. New York Bankers Association. New York State Senate Joint Public Hearing:

Testimony of. Doug Johnson. New York Bankers Association. New York State Senate Joint Public Hearing: Testimony of Doug Johnson On behalf of the New York Bankers Association before the New York State Senate Joint Public Hearing: Cybersecurity: Defending New York from Cyber Attacks November 18, 2013 Testimony

More information

I. Personal data and its use in the business to business environment.

I. Personal data and its use in the business to business environment. RESPONSE FROM THE DIRECT MARKETING ASSOCIATION (UK) LTD. TO THE EUROPEAN COMMISSION'S CONSULTATION ON THE IMPLEMENTATION OF DIRECTIVE 95/46 EC ON THE PROTECTION OF INDIVIDUALS WITH REGARD TO THE PROCESSING

More information

Tape Vaulting Audit And Encryption Usage Analysis

Tape Vaulting Audit And Encryption Usage Analysis Tape Vaulting Audit And Encryption Usage Analysis Prepared for Public Presentation (includes SB 1386, Gramm Leach Bliley, and Personal Data Protection and Security Act of 2005 Customer Information Protection

More information

Senate Committee on Commerce, Science, and Transportation March 19, 2015, Hearing Examining the Evolving Cyber Insurance Marketplace

Senate Committee on Commerce, Science, and Transportation March 19, 2015, Hearing Examining the Evolving Cyber Insurance Marketplace Senate Committee on Commerce, Science, and Transportation March 19, 2015, Hearing Examining the Evolving Cyber Insurance Marketplace Testimony of Ben Beeson Vice President, Cyber Security and Privacy Lockton

More information

Spyware: Background and Policy Issues for Congress

Spyware: Background and Policy Issues for Congress Spyware: Background and Policy Issues for Congress Patricia Moloney Figliola Specialist in Internet and Telecommunications Policy January 12, 2011 Congressional Research Service CRS Report for Congress

More information

Tax legislative outlook

Tax legislative outlook Tax legislative outlook Fall 2010 and beyond Tax policy group November 2010 Agenda Election results Unfinished business Outlook for lame duck Challenges ahead Mid-term election results House 183 Democrats

More information

PATIENT SAFETY AND QUALITY IMPROVEMENT ACT OF 2005

PATIENT SAFETY AND QUALITY IMPROVEMENT ACT OF 2005 PUBLIC LAW 109 41 JULY 29, 2005 PATIENT SAFETY AND QUALITY IMPROVEMENT ACT OF 2005 VerDate 14-DEC-2004 11:17 Aug 05, 2005 Jkt 039139 PO 00041 Frm 00001 Fmt 6579 Sfmt 6579 E:\PUBLAW\PUBL041.109 APPS10 PsN:

More information

The 112 th Congress: The Good, The Bad, The Ugly

The 112 th Congress: The Good, The Bad, The Ugly The 112 th Congress: The Good, The Bad, The Ugly With the end of the 112 th Congress, it is time to take stock of how Congress performed on issues of concern to CREW. Much has been written already about

More information

A Closer Look. The Super Committee:

A Closer Look. The Super Committee: A Closer Look The Super Committee: Where They Stand on,, and The Affordable Care Act Families USA August 2011 Introduction As part of the deal to raise the debt ceiling and avoid a U.S. default on our

More information