Federal Privacy Legislation & Book Recommendations | PrivacyNews.TV
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Federal Privacy Legislation & Book Recommendations | PrivacyNews.TV


Hi folks! I’ve been on vacation, so you
haven’t had too much Privacy TV, so you’ve gotten all kinds of other
interesting social media consumption and work done. But I’m back, so just a couple of
quick things. Today I am busy all day with meetings from different groups that
are working on privacy legislation. And in one way it’s really exciting because
for those of us who generally supported the notion of federal comprehensive privacy
legislation because we think state-by-state efforts make no sense in a
global world or who occasionally see targeted efforts to regulate one
particular sector; the notion that we recognize that we need a national scale.
A piece of legislation has certainly been something on my radar screen, but it- so it seemed like there wasn’t industry consensus, there wasn’t government
consensus. I don’t know if there is, but in part because of the reaction to the new
California legislation where at least some set of industry looks at that and
says “are we now gonna see 50 different versions of that, the way data
breach laws all in some way replicated with different nuances and create a lot
of complication?” So there’s an outpouring of groups who traditionally are very
concerned about too much regulation. The United States Chamber of Commerce
announced that they’re working on privacy principles with possibly that
effort leading to legislation, the Information Technology Industry held a
big convening, CEOs of Salesforce, Workday, Tim Cook at Apple. As a result, we’re
seeing a lot of outreach. Folks on the hill who certainly reached out to us and
a lot of others saying “what do you think? Where do you start? Do you start with GDPR? Do you start with the FTC framework? Do you take some version of California and make
some changes, add some pieces to it?”. Lots of interest; the White House, the department of
commerce, different trade groups. So it’s taken up a lot of my time, and we’re starting
to give some thought ourselves to is there consensus, are we on a path, is
there a political will, what are the kinds of ideas that are a big part of this.
So it’s interesting; it all could come to nothing because indeed Congress has got
a lot of stuff on its plate, they’ll be fighting over the latest Supreme Court
nomination, they’ll be battling over the Trump agenda, so it’s not clear that
there’s an easy path, but it’s perhaps the beginning of a process. So stay tuned,
you’ll be hearing a lot more from everybody on this and certainly from us
here at FPF. The other less weighty news- but I do a lot of reading, or at least
over vacation and on the weekends I try to catch up on a lot of longer-form reading,
and it might be interesting to occasionally share some of the books that
I’m reading. We used to actually have in Washington, a number of us privacy folks,
a privacy book club because, you know, you got a bunch of books like I do probably
piled up on your bed stand and you’re not getting to them because there’s lighter
fare or there’s Netflix to go through. And well, if you know you have to read it
because some of your colleagues are gonna be having a discussion, so once
every month or two months, 15 or 20 of us would get together,
oh maybe 10 or 12 would show up, and we’d have some snacks and drink some beer and
talk about some of the interesting books. Over time it became too hard to schedule;
maybe we’ll try to do it again, but I’m still doing some of the reading. And so
let me share with you two books. Here’s one which I just read on the Metro on
the way into work today. A really short book- well I read 110 pages, there’s a little bit more. It’s called
The Zero Dollar Car. We have a big mobility project, Lauren Smith on our
team runs a connected car work. You know, in the future you talk to any of the auto
companies, they’ll tell you they’re not in the auto-business, they’re in the
mobility business. Drones, autonomous, right?
You saw Uber and Lyft both buying bicycle companies, scooter companies, so
public transportation. We were just in Tel Aviv, the deputy mayor there talked
to us about- at one of the events we were running- about how the future
transportation comes to you or combines a Metro, a bus, a taxi, a scooter. In any event,
this book which I came across called The Zero Dollar Car. So this guy, John Ellis,
was the global technologist a number of years ago at Ford and had spent his
career before that at Motorola and was very sensitive to developer’s
platforms, you know, the notion that third parties, you know, build value on top of
platforms. He claims that there is so much data
because of all the sensors that are available, that just like today you get
access to free Facebook, you get access to free Google, free apps because
your data is subsidizing that value. His argument is that there is huge value
from the data about you in cars: where you’re going, what you’re doing, so that
in the end of days we will actually have free cars
subsidized by your data. Now I didn’t keep taking it to an extreme. When I’ve
looked at the economics at Facebook and Google, they make a lot of money because
they have so many users, but they don’t make a huge amount of money from each
individual users. You know, if we divided up Facebook’s revenue per user,
I think globally it ends up being $7, 20 or 30 more, you know,
in the US, other places like that. But you know, it’s not thousands and thousands.
It adds up to billions because there are two billion of us or however many, you
know, on Facebook, so it becomes a huge business, but it’s not a huge amount of
money such that Facebook would give me a free computer. You know, even Chromebooks,
where obviously there is a built-in relationship with Google, these are not
free. So the idea that you’ll get a free vehicle in return to your data seems a bit
far-fetched. I mean, nobody has ever offered me a big discount on my car if I
put bumper stickers, you know, or digital bumper stickers. Maybe that’ll change.
Again, I was just in Israel, there are five hundred mobility startups in Israel,
at least. Behind you know, Mobileye, the company that Intel
bought for $17 billion, but huge tail of other companies. And we held a
roundtable with 30 or 40 elite and startups to talk about data issues, and one guy
there showed me a digital license plate where the license plate carries
information and can update. And right now it’s only useful information, you know,
like that, but you can see, you know, advertising. I’m a little skeptical. Again,
if- there’s already a lot of data being collected, and I don’t see anybody
offering me big incentives, but it is true that people are buying cars because
of the fact that they’re told that it will work well with their iPhone or work
well with their Android. And so you’re making a $30,000 decision, you know, based
on how it pairs well, you know, with your 7- $600-$700 phone. So
anyway, he maybe overstates it, but it really makes an interesting read to
understand the amount of data and the way innovators in this area are starting
to think about the future, so it kind of provoked me a little bit, but I think a
good interesting read. The Zero Dollar Car: How the Revolution in Big Data Will Change
Your Life. We’ll post a link to it. The second one, a little more serious. This
one is free; it costs some money if you want it printed and mailed to you, but
it’s available as an e-book from the Human Rights Agency- the European Union
Agency for Fundamental Rights. They put out previously a handbook on European
data protection law, they updated it now to include GDPR as well as recent court
cases. So the reason I point to this- there’s a lot of books you can get to
learn more about the GDPR, but what these folks did- and again, these aren’t the data
regulators or the Commission, you know, these are the folks who oversee the
enforcement of fundamental rights, including human rights, including privacy
in Europe, so they’re, you know, they’re effective and authoritative, but
they weave in the European Union law created by the Court of Justice, created
by the Court of Human Rights. I see lots of GDPR consultants or
even, you know, lawyers that are new to privacy, you know, pining and debating
because they’re reading the text of the GDPR, and the reality is the GDPR exists
in a court system, in a European-wide court system, and although some of the
language is new, much of the language in GDPR has existed in previous state law, previous member state law. And provisions of those laws have been
challenged, have gone up to the top courts, and so absolutely where there are
decisions about scope, about personal information, about processor, about
controller, you know, some of these cases are well-known, right? The Costeja
Google case about the right to be forgotten, you know, which has important
conclusions about who is a controller, what is public information. So I
recommend this; get it for free. Again, we’ll post a link, you can just download
the e-book; I like having things in paper so I can read it over the weekend when I’m
off the grid for the Sabbath, but not so off the grid that I don’t mind peeking at some
good reading. So as they go through European data protection law, certainly a
lot of it is about the GDPR, but it’s not solely about GDPR, it’s about European
data protection law, so other relevant European-wide law in context that
matters is included, but the court cases that are relevant are covered at the
right locations, so really, really useful. I’ve been finding it a good reference
and I’m gonna try to sit and read through the entire thing maybe next weekend. Anyway, I
hope that’s useful, be back soon and enjoy the summer!

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