Bipartisan Bill Would Make Platforms Liable for Fake Products

In a rare bipartisan move, Democratic and Republican legislators joined forces to propose the Shop Safe Act, which would make e-commerce companies responsible for counterfeit products from China and other countries sold on their websites. The bill would focus on trademark liability for those fake products that impact consumer health and safety, such as pharmaceuticals and medical products, and would force e-tailers to more closely vet sellers and remove those who repeatedly sell counterfeits. Continue reading Bipartisan Bill Would Make Platforms Liable for Fake Products

Law Could Stoke Battle Between Congress and Silicon Valley

Senate Judiciary Committee chair Lindsey Graham and senator Richard Blumenthal plan to introduce a law that could interfere with Big Tech’s ability to provide end-to-end encryption. The Eliminating Abuse and Rampant Neglect of Interactive Technologies Act of 2019 (EARN IT Act) targets the distribution of child sexual abuse material on platforms such as Facebook and Google, making them liable for state prosecution and civil lawsuits for user-posted content currently protected by Section 230. Continue reading Law Could Stoke Battle Between Congress and Silicon Valley

Big Tech Firms Call For Regulation, Lobby Specific Policies

At the World Economic Forum in Davos, major tech players such as Alphabet, Apple, Facebook and Microsoft asked lawmakers for regulations they once fought. Facing antitrust probes and pushback on AI, privacy and encryption among other issues, these companies believe laws are inevitable and want to have a role in creating them. They also fear a patchwork quilt of global laws. Most recently, the Justice Department sparred with Apple over its request for help to unlock the iPhones of the Saudi Arabian naval trainee who killed three people in Florida. Continue reading Big Tech Firms Call For Regulation, Lobby Specific Policies

White House Cracks Down on Counterfeit Goods Sold Online

The Trump administration is cracking down on counterfeit products sold over the Internet, warning warehouse operators and e-commerce platforms such as Amazon that they will pay fines if they don’t help identify such products. The Department of Homeland Security released a report on the problem, and the White House in concert with U.S. Customs and Border Protection is leading the initiative. The recent trade agreement with China requires that country to curb counterfeiters or risk potential new tariffs. Continue reading White House Cracks Down on Counterfeit Goods Sold Online

Bipartisan Law Regulating Facial Recognition Being Planned

The U.S. House Committee on Oversight and Reform held its third hearing in less than a year on facial recognition, planning to introduce legislation to regulate its use by the federal government, law enforcement and the private sector. Committee chair Carolyn Maloney (D-New York) stated the draft legislation will appear in the “very near future” and noted the need to “explore” the privacy protections already in place. Facial recognition is already in use with smartphones, job interviews and in airports. Continue reading Bipartisan Law Regulating Facial Recognition Being Planned

CES 2020: The High-Wire Tension of Innovation and Privacy

CTA director of regulatory affairs Rachel Nemeth, who moderated a CES panel on innovation and privacy, asked Baker Botts co-chair, antitrust group Maureen Ohlhausen to put the topic in historic context. “The Congressional debate on the Fair Credit Reporting Act (1970) brought forward many of the same issues we’re discussing today,” said Ohlhausen, who also served as a commissioner and acting chair of the FTC. “People were worried about computers and the use of their data. The FTC has long enforced privacy statutes, and began to apply them to the Internet once it became consumer-oriented.” Continue reading CES 2020: The High-Wire Tension of Innovation and Privacy

CES 2020: A Fireside Chat With FTC Chair Joseph Simons

CTA chair/chief executive Gary Shapiro held court with two high-level government leaders: FTC chair Joseph Simons and FCC chair Ajit Pai, in two separate, 30-minute CES sessions. Simons first took the stage and described the Federal Trade Commission’s mission as two-fold: competition and consumer protection. “As we get further into the digital age, privacy concerns are becoming more important,” he said, noting that the FTC Act governing these concerns is 100 years old. “It’s time for Congress to adopt something more modern.” Continue reading CES 2020: A Fireside Chat With FTC Chair Joseph Simons

Republicans Issue Draft of Federal Data Privacy Legislation

Senate Commerce Committee chair Roger Wicker (R-Mississippi) proposed draft legislation that he said will support tough protections for consumer data and address the concerns of Democrats. Last week, Senator Maria Cantwell (D-Washington), the Committee’s top Democrat, proposed a data privacy law. The idea, Wicker continued, is to create a national privacy law that will override state privacy laws passed by California and other states. He and others believe state laws will create an unwieldy patchwork. Continue reading Republicans Issue Draft of Federal Data Privacy Legislation

Democrats Introduce New Online Privacy Rights Legislation

The Consumer Online Privacy Rights Act (COPRA) is a stalled bipartisan effort to protect consumers’ rights to privacy and prevent companies from hiding what they are doing with user data. To reinvigorate the debate, a group of Democrats, led by Senator Maria Cantwell (D-Washington), top Democrat in the Senate Commerce Committee, introduced their version of the federal privacy law. “[Privacy rights] should be like your Miranda rights — clear as a bell as to what they are and what constitutes a violation,” she said. Continue reading Democrats Introduce New Online Privacy Rights Legislation

Senate Bill Calls For Search Engines to Divulge Algorithms

For search engines such as Alphabet’s Google, their algorithms are the secret sauce that they claim gives the best results. Not all consumers agree with that, arguing that these algorithms filter their searches in a way that is tantamount to censorship. Now, a bipartisan group of legislators proposed the Filter Bubble Transparency Act, a law that would require search engines and platforms to provide an optional unfiltered search and force them to disclose the algorithms they use to rank searches. Continue reading Senate Bill Calls For Search Engines to Divulge Algorithms

Libra Is Challenged by European Commission, U.S. Senators

Facebook’s cryptocurrency Libra has faced another setback, this time in the European Union, which plans to introduce legislation to prevent it from competing with Europe’s single currency. European Commission vice president Valdis Dombrovskis, in charge of regulation, said Libra is a systemic risk to the Euro, “both from the perspective of financial stability and the protection of financial investors.” In the U.S., two Democratic senators urged Mastercard, Visa and Stripe to reconsider their support of Libra. Continue reading Libra Is Challenged by European Commission, U.S. Senators

Incoming EU Commissioners Plan Tax for Digital Companies

Impatient with the slow pace of overhauling corporate taxation to better represent the real profits of international digital companies, European Union commissioners propose that the EU agree on a tax if no global decision is reached by end of 2020. Up until now, individual countries have crafted different approaches to taxation. In France, former digital affairs minister Mounir Mahjoubi said he may file an amendment to a budget bill forcing these same Internet behemoths to reveal how much profit they make in the country. Continue reading Incoming EU Commissioners Plan Tax for Digital Companies

Gig Economy Companies Responding to New California Law

On Wednesday, California Governor Gavin Newsom signed Assembly Bill 5 (AB5), a law that will classify some independent contractors as employees and takes effect January 1. Companies such as Lyft and Uber Technologies, whose employees are among those that might be reclassified, redoubled both their resistance to the law and plans to negotiate again with relevant labor unions. At the same time, these companies are making noise about initiating a ballot-measure campaign to rewrite the standards for independent contractors. Continue reading Gig Economy Companies Responding to New California Law

California Considers Law That Would Reclassify Gig Workers

The California Assembly introduced a law that would require Amazon Flex, Postmates, Uber and other similar companies to treat their gig economy contractors as employees, with the wages and benefits of that classification. The bill, which was approved 53 to 11, comes only a few weeks after Uber’s IPO was met with a brief strike by ride-hail drivers around the world protesting their low pay and contractor status. The bill now heads to the Democratic-controlled state senate where it is likely to be signed into law. Continue reading California Considers Law That Would Reclassify Gig Workers

Canada, New York Rebuke Facebook For Privacy Violations

In Canada, privacy commissioners stated that Facebook’s “superficial and ineffective safeguards and consent mechanisms” violated local and national laws in allowing third parties to access users’ personal data — and that the company has refused to fix the problems. The New York State attorney general plans to investigate Facebook’s “unauthorized collection” of 1.5+ million users’ email address books. Facebook just banned “personality quiz” apps similar to the one behind the Cambridge Analytica scandal, to improve security. Continue reading Canada, New York Rebuke Facebook For Privacy Violations

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