back to article National data privacy law for the US clears first hurdle

America took a step closer to getting a federal privacy law: a bill proposing just the thing is headed to the House of Representatives to debate after clearing an early hurdle.  The House Energy and Commerce Committee on Wednesday approved the American Data Privacy and Protection Act (ADPPA), which would limit how companies …

  1. M.V. Lipvig Silver badge
    Gimp

    Wise of Congress

    to not allow states to go above and beyond on their own. California has already proven that they will take mile after mile when given an inch.

    That being said, California is right that the law needs to be stronger, and enforcement needs to have razor sharp teeth backed by the jaw of a Rottwieler. When big data slurping corps can't control themselves they need to be slapped down hard, with much pain attached. Like perhaps fines in the double digits and based on net global gross income, not profits. Or better than fines, let's see some C-suite execs in fashionable new pumpkin orange jumpsuits with numbers on the back for a few years. Corps change when they feel real pain, not when they're fined 32 seconds worth of profit.

    Icon's as close as we get to orange jumpsuits around here.

    1. LDS Silver badge

      Re: Wise of Congress

      "California has already proven that they will take mile after mile when given an inch."

      "California is right that the law needs to be stronger"

      The issue is exactly that - California often adopts stronger laws because what comes out from the Congress has been watered down by politicians from States the main product of which is politicians, and have disproportionate power especially in the Senate.

      That said too many State rules becomes just a mess - but it is also strange that in the US some politicians are very favourable to a mess of different State laws when it makes them richer (or ensure re-election), and less so in this case because it could impact those companies where a lot of money come from.

    2. Jimmy2Cows Silver badge
      Meh

      Re: Wise of Congress

      Not sure whether to downvote for the first paragraph, or upvote for the second.

      So, neither.

      Cali is doing what it feels is necessary to protect its citizens, because anything the does make it to the Senate is killed off by Senators that consistently and persistently cave to business interests rather than serving the people they were elected to serve.

      I would expect all states to take it upon themselves if the federal government is failing in its duties. This is precisely what Cali has done, and the rest of the union needs to follow suit. Senate is far too mired in self-interest to actually do anything useful here.

      1. ThatOne Silver badge
        Devil

        Re: Wise of Congress

        > cave to business interests rather than serving the people they were elected to serve

        What if those "people they were elected to serve" were specifically those business interests?...

  2. HildyJ Silver badge
    Alert

    Weak

    First, comparing it to the GDPR is like comparing the UK Data Reform Bill to the GDPR.

    The ADPPA seems weak now. It will get weaker on the House floor, and then the Senate committee, and then the Senate, and then the Conference committee (if it even gets that far without being McConneled).

    I wish something good comes out of it but, unfortunately, a bit of megacorp money in the right pockets can do wonders (for the megacorps).

    1. John Brown (no body) Silver badge

      Re: Weak

      "The ADPPA seems weak now. It will get weaker on the House floor, and then the Senate committee, and then the Senate, and then the Conference committee (if it even gets that far without being McConneled)."

      And after all that, it will be interpreted and enforced by the FTC, headed by political appointees. So expect the "interpretation" to change every time a different party President gets elected.

  3. Pascal Monett Silver badge

    "achieve a strong national standard"

    I doubt that.

    The work is already done, just copy the GDPR.

    This is watered-down Kool-Aid.

    Oh well, better than nothing, I guess.

    1. Mike 137 Silver badge

      Re: "achieve a strong national standard"

      " just copy the GDPR."

      The draft text seems to have a lot in common with the GDPR (in principle anyway - the devil is always in the detail, but some provisions - e.g. 202(b)(3) seem actually to improve on the GDPR by being more explicit).

      But while the US (which has to date been notoriously lax) is moving towards potentially robust federal protection of personal privacy, the UK is busy dismantling those protections for UK citizens. Makes one want to emigrate to Europe.

  4. Lordrobot

    The most nothing as possible!

    Best of all, it is arbitrary and capricious crap. The US Supreme Court just knocked down the EPA for establishing crazy rules on its own and here we see almost the identical delegation of this arbitrary and capricious crap.

    It is up to every citizen to protect themselves from this endless invasion of privacy by gov. Want my data... Mr Company ... THEN NEGOTIATE TO BUY IT FROM ME!

    1. ThatOne Silver badge
      Stop

      Re: The most nothing as possible!

      > THEN NEGOTIATE TO BUY IT FROM ME!

      Why would I? I'll just take it, without as much as a thank you. What are you gonna do, all alone against my army of lawyers and lobbyists, not to mention the sheriff?

      Seriously, "every citizen for himself" is pretty much helpless: Remember "divide and conquer"? The smaller the unit, the more impotent it is.

      1. John Brown (no body) Silver badge
        Coat

        Re: The most nothing as possible!

        Maybe it's time for "a well armed and regulated militia"?

        1. ThatOne Silver badge
          Devil

          Re: The most nothing as possible!

          > Maybe it's time for "a well armed and regulated militia"?

          I'm ready to bet the first thing this "well armed militia" would do is fight among themselves over minor points of disagreement, and eventually collaborate with the former adversary to better waste their former comrades now-mortal-enemies...

        2. A random security guy

          Re: The most nothing as possible!

          A well armed militia in a battle of brains that are remotely located? Well, go ahead and shoot your monitor.

    2. EnviableOne Silver badge

      Re: The most nothing as possible!

      That's because as part of the Executive branch the EPA was overreaching the remit given to them by the Legislative branch.

      There is no restriction on the Legislative branch legislating.

      Facebook and google don't negotiate, you want to use our services, we already have your data, click to agree.

      no options nothing.

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