Among the key provisions of the trillion-dollar Infrastructure Investment and Jobs Act (aka the Bipartisan Infrastructure Deal) signed into law by President Joe Biden on Monday, Nov. 15, is $65 billion that will be dedicated to improving access to reliable high-speed Internet. This will include both increased availability of broadband to more than 30 million Americans who do not have minimally acceptable broadband speeds, and assistance in lowering prices for Internet services so that more households can afford better Internet service.
This new law aimed at closing the digital divide also should be used to close the digital privacy divide – the gap between more personal information being stored and shared and the level of privacy protection for online users that is provided to them.
Continue reading “Invest in Better Digital Privacy Protection Along With Faster Broadband Speeds”
The First Amendment is one of the cornerstone principles that define this nation. There is no such thing as freedom if we cannot speak freely.
Today, however, our nation seems less interested in protecting free speech than at any time I can recall. Major advocates of free speech like the ACLU are wavering in their support of our First Amendment, and lawmakers on both sides of the aisle are fighting for the government to censor online speech.
Continue reading “Attacking Free Speech Doesn’t Just Hurt Tech: America Must Stay True to Its First Amendment Principles”
The use of facial recognition systems powered by algorithms and software continues to raise controversy given their potential use by law enforcement and other government agencies. For over a decade, the Department of Commerce’s National Institute for Standards and Technology (NIST) has evaluated facial recognition to identify and report gaps in its capabilities. Its most recent report in 2019 quantified the effect of age, race, and sex on facial recognition accuracy.
The greatest discrepancies that NIST measured were higher false-positive rates in women, African Americans, and particularly African American women. It noted, “False positives might present a security concern to the system owner, as they may allow access to impostors. False positives also might present privacy and civil rights and civil liberties concerns such as when matches result in additional questioning, surveillance, errors in benefit adjudication, or loss of liberty.”
Continue reading “A Third-Way Approach to Regulating Facial Recognition Systems”
Our nation’s momentum toward accelerated COVID-19 vaccine distribution is fully apparent. President Joe Biden has publicly urged state governments to make every adult in the U.S. eligible for a vaccine by May 1.
With this fast-track schedule, increasing attention now should be focused on how Americans will be able to digitally verify their vaccine completion status, not only for travel abroad but possibly even to get into local sporting events, theaters, hotels, or cruise ships.
Continue reading “Digital COVID Vaccine Passports Should Be Antitrust-Exempt”
One of the major unresolved issues in crafting comprehensive federal digital privacy legislation has carried over from last year to the current 117th Congress. This regards whether current or future state privacy laws should be preempted so that there only will be one uniform national set of enforceable rules regarding the collection, storage, and transmission of personally identifiable information.
A one-size-fits-all approach makes intuitive sense since online services and social media are not confined to traditional geographic boundaries. And absent a fully federal approach, there is the possibility that digital companies will be faced with a crazy-quilt pattern of regulatory compliance, increasing both their potential legal liability and the cost of doing business. In short, this is a scenario for Plan A.
With COVID-19 and economic recovery at the top of the policy agenda for the Biden Administration and the new Congress, it may take awhile until serious attention is devoted to enacting national digital privacy legislation. This continues to put states in a leadership position to craft their own approaches. Florida, Minnesota, New York, North Dakota, Oklahoma, and Washington are among the states that are in the process of developing their own bills for timely legislative approval.
And Virginia’s pending Consumer Data Protection Act is poised to be signed into law by Gov. Ralph Northam, after receiving very strong bipartisan support in both the Virginia House and the state Senate.
Continue reading “Digital Privacy Laws Should Reflect Our Work-From-Home Pandemic Lives”
As 2021 begins, one source of optimism from Congress was the recent enactment of much-needed legislation to expand broadband network availability into rural and tribal areas.
The new emergency stimulus funding includes $300 million to be made available as Broadband Infrastructure Deployment Grants to target unserved areas for network infrastructure construction that prioritizes funds for counties, cities, or towns with less than 50,000 inhabitants.
Continue reading “A Better Way To Close the Digital Divide”
One can scarcely remember the time, only a few short decades ago, when life moved along without the array of personal digital devices that have come to define today’s culture. All of that changed, of course, with the advent of the Internet and the ability to access a burgeoning number of websites (which themselves were rapidly evolving).
Personal desktop computers, portable laptops, tablets, cell phones, and “smart phones” would fuel the tech revolution. Who could imagine that someday one’s phone, tablet, and computers would all be synchronized into a seamless whole. Or that millions of Americans would spend vast amounts of time engaging each other via something called “social media.”
Continue reading “The Role of Targeted Advertising In Supporting First Amendment Principles”
The Federal Trade Commission (FTC) hosted its fifth annual PrivacyCon on July 21, 2020. This was the first time the one-day conference was fully remote, rather than in person at the FTC’s Bureau of Consumer Protection in Washington, D.C.
PrivacyCon should not be confused with Comic-Con, the annual pop culture extravaganza that began the following day with over 350 virtual panels extending over nearly a week. Perhaps the thousands who show up there each year in San Diego with colorful costumes will not miss a beat as they turn on their Zoom cameras to participate in a way never imagined when this year’s Comic-Con was organized.
Hyper partisan politics and our divided nation make it easier than ever to vilify anyone, any time, in any way. In the words of Michael Corleone, “If anything in this life is certain, if history has taught us anything, it is that you can kill anyone.”
Used figuratively here, of course, but that is what cancel culture has wrought in today’s society.
While cancellation may seek to stifle speech, it causes social and economic destruction as well. It projects permanence and public shame for its targets whether deserved or not. And it promotes a kind of techno tyranny against which we all should be vigilant.
Continue reading “Cancel Culture Is Techno Tyranny”