More Buzz on Privacy, Cybersecurity and the ATTAIN Act

Last week saw two noteworthy announcements on the privacy front. First, the House Commerce Committee announced its intention to conduct a comprehensive review of data security and electronic privacy. In the statement released last week, the Committee highlighted its immediate focus on data security, but also noted that later in the year will turn to “broader electronic privacy concerns,” including mobile and web “tracking.” Chairwoman Mary Bono Mack (R-CA) will introduce draft data breach legislation in the near future, with the intention for quick Committee consideration. Additionally, deputy Federal CTO Danny Weitzner confirmed last week that the Administration’s white paper will be released “later in the summer,” proposing a safe-harbor approach based on a broad set of information privacy principles.

On the cybersecurity front, new legislation was introduced in the House by Rep. John McCaul (R-TX). McCaul, who was tapped by Speaker Boehner at the beginning of the year to take the lead on this issue, introduced H.R. 2096 on Thursday, “legislation to advance cybersecurity research, development, and technical standards.” Meanwhile, key Senate staff continue to deliberate on their draft legislation and reconcile differences with the recent administration proposal.

And on the education technology front, this Thursday SIIA expects Senator Bingaman (D-NM) to reintroduce the Achievement Through Technology and Innovation (ATTAIN) Act. The ATTAIN Act has been championed by SIIA and a coalition of education and industry groups for several years to revamp the technology grant program in the No Child Left Behind Act, which is still up for reauthorization.

Also last week, SIIA submitted comments to the Federal Reserve Boards in response to their proposed clarifications of warranties and liabilities in connection with electronically-created items (checks). In our comments, SIIA noted that efficiency-enhancing innovations rely on electronic processing of information that is only impeded by traditional requirements for paper origination and authentication.

For SIIA policy updates including upcoming events, news and analysis, subscribe to SIIA’s weekly policy email newsletter, Digital Policy Roundup.

Data security and mobile privacy are front-burner in Washington

Congress has resumed and as expected, turned significant attention to several key technology issues. Data security and mobile privacy have emerged as front-burner privacy issues, with multiple hearings expected on the topics in the next couple of weeks. On mobile privacy, the Senate Commerce and Judiciary Committees are jockeying to take a lead on what is ultimately a split-jurisdiction issue. Sen. Al Franken’s (D-MN) Judiciary Sbcmte. on Privacy Technology and the Law has its hearing scheduled for May 10, while Commerce Cmte. Chairman Jay Rockefeller (D-WV) has announced his intention to hold a hearing but has yet to confirm the date. While the makers of mobile operating systems (notably Apple and Google) have received the most attention on this issue so far, heavy focus is likely to shift to the app developers who have been collecting most of the location data.

Similar to recent focus on mobile privacy, the data breach attention is the result of a closer look at industry practices–with Sony’s recent PlayStation data breach in the spotlight. House Subcommittee on Commerce, Manufacturing and Trade Chairman Mary Bono Mack (R-CA) noted that the incident reinforced her “long-held belief that much more needs to be done to protect sensitive consumer information.” In announcing a hearing on the issue Wednesday, she also said she plans to introduce legislation soon to provide consumers with necessary additional safeguards.

Also this week, SIIA President Ken Wasch will be testifying before the U.S. China Economic Security Review Commission Hearing on IP Rights and Indigenous Innovation, and the House Judiciary Sbcmte. hearing on ICANN gTLDs. Steve Metalitz will be testifying on behalf of SIIA and other members of the Coalition for Online Accountability. And on the West Coast, the California legislature will be holding the first state hearing on proposed “Do Not Track” legislation.

As the Administration works to complete its cybersecurity review of the Federal and critical information infrastructure, SIIA sent a letter to Administration officials last week urging for a robust partnership between the government and private sector and making additional recommendations to help the government keep pace with the ever-evolving challenges of protecting the nation’s online systems, networks and data.

For SIIA policy updates including upcoming events, news and analysis, subscribe to SIIA’s weekly policy email newsletter, Digital Policy Roundup.