The Supreme Court should dismiss U.S. v. Microsoft as moot because the Clarifying Lawful Overseas Use of Data Act answers questions about police access to data abroad, DOJ filed Friday (see 1802270052). With inclusion of the Cloud Act (see 1802140062) in the omnibus spending bill, Microsoft no longer has any basis to suggest a warrant is impermissibly extraterritorial, DOJ argued. The agency applied for a new warrant under the law, which a magistrate judge issued Friday. The government is now “unquestionably entitled” to require Microsoft to disclose foreign-stored data under the Stored Communications Act, DOJ argued.
Karl Herchenroeder
Karl Herchenroeder, Associate Editor, is a technology policy journalist for publications including Communications Daily. Born in Rockville, Maryland, he joined the Warren Communications News staff in 2018. He began his journalism career in 2012 at the Aspen Times in Aspen, Colorado, where he covered city government. After that, he covered the nuclear industry for ExchangeMonitor in Washington. You can follow Herchenroeder on Twitter: @karlherk
Policymakers should collaborate internationally to develop universal IoT standards to address privacy and cybersecurity concerns, panelists said Friday at an event hosted by American University’s Internet Governance Lab. Open Internet of Things Certification Mark Coordinator Alexandra Deschamps-Sonsino’s organization is pushing for a global, consumer-facing certification program for internet-connected products. Sen. Ed Markey, D-Mass., and Rep. Ted Lieu, D-Calif., made a similar effort with the Cyber Shield Act (S-2020/HR-4163), which would establish a voluntary certification program to ensure internet-connected devices meet “industry-leading” standards on cyber and data security (see 1802150034).
Privacy groups, lawmakers and former employees are urging the Senate to swiftly fill the Privacy and Civil Liberties Oversight Board (PCLOB), a key intelligence advisory group that has been without quorum since January 2017.
Consumer Watchdog and other privacy groups said Facebook should end campaign contributions and “electioneering,” and hire an independent auditor to monitor the platform’s use of personal data in relation to election advertisements (see 1803270043). Facebook should be barred from election efforts, given the platform’s influence over the U.S. electorate, said Consumer Watchdog President Jamie Court during a conference call Wednesday. “This is all about stealing America,” Court said, accusing Facebook of allowing the personal data of 50 million Americans to improperly fall into the hands of Cambridge Analytica, which he described as electioneers.
A source at Facebook said Tuesday the company is in touch with lawmakers but wouldn't confirm that CEO Mark Zuckerberg agreed to testify before Congress, as reported by multiple outlets after the Cambridge Analytica controversy.
The FTC has opened a nonpublic investigation into potential privacy practice violations at Facebook, following allegations that Cambridge Analytica misused personal data of 50 million Americans for political purposes (see 1803200047), acting Director of the FTC Bureau of Consumer Protection Tom Pahl said Monday. Pahl said the FTC enforces against failures to comply with the Privacy Shield, the FTC Act and data security requirements, among other areas of consumer privacy concern. “The FTC takes very seriously recent press reports raising substantial concerns about the privacy practices of Facebook,” Pahl said. The National Association of Attorneys General on Monday sent a letter to Facebook CEO Mark Zuckerberg asking for answers about the company’s user privacy policies and practices. The group of 37 state and territory AGs also asked Zuckerberg how the company is making it easier for users to control their privacy. “These revelations raise many serious questions concerning Facebook’s policies and practices, and the processes in place to ensure they are followed,” the group wrote.
The Facebook-Cambridge Analytica scandal is further evidence that Congress needs to tighten scrutiny surrounding online political ads, Sens. Amy Klobuchar, D-Minn., and Mark Warner, D-Va., argued last week (see 1803220052).
If the autonomous vehicle that recently struck and killed a pedestrian in Arizona is found to be at fault (see 1803200064), it further underscores the need for swift legislative action, Sen. John Thune, R-S.D., told us. “That is one of the arguments of why we need to get a bill that creates a policy framework and some guardrails around everything’s that’s happened.” Thune is lead sponsor of the American Vision for Safer Transportation Through Advancement of Revolutionary Technologies Act (S-1885).
Privacy groups warned against a surge in human rights abuses after inclusion of the Clarifying Lawful Overseas Use of Data Act (Cloud) (S-2383/HR-4943) in the omnibus spending bill (see 1803210068 and 1803220048). Some within industry praised it as a vital step in freeing tech companies stuck between conflicting, outdated international laws. A congressional opponent told us he won't back down, while a supporter said it would have been better to have regular debate on the bill.
The Senate passed anti-sex trafficking legislation in a 97-2 vote Wednesday, paving the way for the signature of President Donald Trump, who signaled support for the measure (see 1803150039 and 1803080039). The House passed its version of the SESTA-FOSTA (the Stop Enabling Sex Traffickers-Allow States and Victims to Fight Online Sex Trafficking) package in February on a 388-25 vote.