Europe’s new privacy law, the General Data Protection Regulation (GDPR) will enter into force in May 2018. Understandably, given that data breaches and privacy violations have been in the headlines lately -- and given that the GDPR will reshuffle privacy protection in Europe and beyond -- many in the United States are looking to the GDPR for ideas of what to do - and what not to do. We think that it would be impractical and ineffective to copy and paste the GDPR to U.S. law -- the institutions and legal systems are just too different.
Facebook and Cambridge Analytica. By now we know the basic facts: Aleksandr Kogan, purporting to be a researcher, developed an authorized Facebook application. As was Facebook’s practice at the time, when users connected the app to their Facebook accounts, the app scooped up not only the users’ personal information, but also their friends’ personal information. In this manner, Dr. Kogan was able to amass information about 50 million Facebook users – even though only 270,000 individuals used the app. Dr. Kogan then, exceeding his authorized use of the data, funneled that information to Cambridge Analytica, a firm that purported to engage in “psychographics” to influence voters on behalf of the Trump campaign.
More than eight in ten American voters support strong net neutrality protections. So, it should be a no-brainer for Congress to act to guarantee strong open internet protections. The most straightforward way to do this would be for Members to co-sponsor and then vote for the Congressional Review Act Resolution (CRA) to restore the popular 2015 net neutrality rules. But, nothing in politics is ever that simple.
Last week, the House of Representatives approved H.R. 4986 -- a bill that, among other things, reauthorizes the Federal Communications Commission and approves the agency’s funding for fiscal years 2019 and 2020. House passage followed an announcement that the bipartisan leadership of the Senate Commerce Committee and the House Energy & Commerce Committee had reached an agreement to support the legislation -- framing the bill as reauthorizing the FCC and spurring deployment of 5G wireless networks across the nation.