DATA PRIVACY PROTECTION
EXPLORING THE CALIFORNIA
CONSUMER PRIVACY ACT AND ITS
EUROPEAN COUNTERPART.
KNOWN AS GDP ARE AND I SHOULD
REMEMBER WHAT THAT STANDS FOR
BUT AT THE MOMENT IT IS ESCAPING
ME IT IS THE EUROPEAN
COUNTERPART TO OUR THE CC PA
WHICH SET THE WAY TO START
ADDRESSING THE WHOLE ISSUE OF
DATA PRIVACY.
AND HOW CRITICALLY IMPORTANT IT
IS HERE IN CALIFORNIA --
AS WELL AS I THINK THE NATION AS
THEY LOOK TO CALIFORNIA WE ARE.
OFTEN REFERRED TO AS THE STATE
THAT SHOWS WHAT IS POSSIBLE AND
HOPEFULLY IN THIS ONE WE'RE
EADING THE WAY I KNOW THERE ARE
SEVERAL OTHER STATES ACTUALLY
THAT HAVE.
IN FACT TAKEN THE MODEL AND ARE
USING IT AS A TEMPLATE. FOR
THEIR EFFORTS TO TRY TO ADDRESS
THIS PROBLEM --
THERE ARE SEVERAL MEMBERS OF OUR
COMMITTEE WHO ARE HOPING TO
ATTEND WE DO HAVE.
OUR VICE CHAIR WITH US TODAY AND
A SENATOR MONEY JUST WALKED IN
THERE SHOULD BE MORE PEOPLE
COMING -- WE
HAVE A ROBUST FOR ANY OUR
INTEREST [inaudible]
I WANT A QUICK --
BUT AN IMPORTANT TO READ CAUGHT.
DONE.
DEALING WITH THE CURRENT STATE
OF OUR DATA PRIVACY PROTECTION A
WONDERFUL COMPARISON.
OF BETWEEN THE CCPA AND THE G.
D. P. R. THAT'S AVAILABLE HERE.
IN ON THE JUDICIARY COMMITTEE
WEBSITE AND I COMMENDED TO YOU
IT'S NOT BAD TIME READING PER SE
BUT IT'S SO IMPORTANT READING
THAT WILL GIVE YOU I THINK SOME
VERY VERY HELPFUL BACKGROUND.
AND UNDERSTANDING OF THE LAWS
THAT EXISTS IN SOME OF THE
ISSUES THAT WE WILL BE.
DISCUSSING AT SOME LENGTH HERE
THIS AFTERNOON.
WELL YOU KNOW I WAS I WAS
THINKING WHO WAS HIT IN THE
CONGRESS WHO WAS THE TAX
SPECIALIST THE OF GOD HIMSELF
LITTLE TROUBLE JUMPING INTO ONE
OF THE PAWNS IN WASHINGTON SEE
MILLS.
WAS IN NAME WHO CLAIMED THAT HE
READ THE TAX CODE IN THE EVENING
BEFORE BED TIME AND THAT ALWAYS
MADE ME WONDER JUST HOW MUCH FOR
IT HE COULD READ.
OF WHEN --
SOME OF IT IS KIND OF
COMPLICATED AS THIS ISSUE IS BUT
IT'S AN IMPORTANT ISSUE AND ONE
THAT HOPEFULLY.
WE WILL BE ABLE TO ADDRESS
THOUGHTFULLY SO WITH THAT I'M A
GRATEFUL TO ALL WHO ARE HERE
TODAY AND THIS IS ALSO.
BEING PRESENTED ON LINE IS I
MENTION IT'S AN INFORMATIONAL
HEARING AND IT'S ONE THAT I
THINK WILL BE HELPFUL TO US IN
THE FUTURE IS AMANDA HERE BY THE
WAY.
OUR ONE INTRODUCE AMANDA
MATCHING SHE'S JUST RECENTLY
JOINED OUR COMMITTEE --
AS COUNSEL WELCOME AMANDA WE
LOOK FORWARD TO SOME.
OF VERY INTERESTING CHALLENGES
GOING FORWARD THIS YEAR.
AND OF WHAT I'D LIKE TO DO IS
JUST MAKE A FEW OPENING REMARKS
AND ASK OTHERS IF THEY'D LIKE TO
MAKE SOME AS WELL AND THEN GET
STARTED.
WE WILL HAVE A AS I MENTIONED
SOME ROBUST DISCUSSIONS AND THEN
WE WILL AT THE END OFFER A
PUBLIC COMMENT TWO MINUTES EACH
PLEASE WITH YOUR NAME AND
AFFILIATION.
OF BEING PROVIDED AT THE FRONT
END OF YOUR REMARKS SO WITH THAT --
I WANT TO THANK THANK THE STAFF
AGAIN FOR AN EXCELLENT --
SERIES OF DOCUMENTS THAT WILL BE
HELPFUL IN PUTTING TOGETHER WHAT
I THINK IS A VERY.
THOROUGH AN EXCITING PANEL --
THIS IS AN IMPORTANT ISSUE AND
NOT A NEW ISSUE FOR MANY OF US
PRIVACY AND CONSUMER PROTECTION
OF ALWAYS BEEN VERY IMPORTANT TO
ME -- I
THINK IT'S AFTER I READ THE BOOK.
BRAVE NEW WORLD AND THE IMAGE OF
A BIG TV SCREEN ON THE WALL IF
ANY OF YOU HAVE READ THE BOOK --
IF THERE IS BIG BROTHER WHO IS
WATCHING YOU.
RATHER THAN YOU WATCHING THE TV
AND IN MANY RESPECTS THE THIS
WHOLE ISSUE OF DATA PRIVACY
REALLY DOES HAVE.
AS PART OF ITS CONSEQUENCE WHO
IS WATCHING US AND WHAT IS THE
INFORMATION THEY'RE COLLECTING
NOW IT MAY NOT BE THE GOVERNMENT
OR IT MAY.
BUT CERTAINLY WE DO KNOW THAT
THE PRIVATE SECTOR THROUGH THE
TECHNOLOGIES THAT EXIST TODAY.
HAVE REALLY TAKEN ADVANTAGE OF
INTO OUR HOMES INTO OUR LIVES --
AND OBTAIN INFORMATION THAT MANY
OF US DON'T EVEN KNOW IS BEING
TAKEN.
AND USING IT OR SELLING IT OR
DOING THINGS WITH IT THAT WE'RE
NOT AWARE OFF AND SO PART OF I
THINK THE CHALLENGE HAS BEEN THE
PUBLIC DOESN'T REALLY KNOW.
WHAT HAPPENS WHEN YOU GO ON TO
THE INTERNET OR --
YOU BY A CERTAIN PRODUCT --
OR SOMETHING THAT IS
IDENTIFIABLE TO YOU OR PRODUCT
THE PEOPLE MIGHT AT SOME POINT
WANT TO SELL YOU OR INFORMATION
ABOUT YOUR POLITICAL
PERSPECTIVES THAT THEY MIGHT
WANNA USED TO THEIR OWN
ADVANTAGE I THINK OF CAMBRIDGE
ANALYTICA AS AN EXAMPLE WHERE
WE'VE LEARNED THAT.
IN FACT OUR OF ELECTION
DECISIONS FOR AMONG THE MOST
PERSONAL DECISIONS WE MAKE WE'RE
BEING MANIPULATED AS A RESULT OF
INFORMATION BEING OBTAINED
WITHOUT OUR KNOWLEDGE.
OR PERMISSION OR CONSENT.
SO CALIFORNIA UNLIKE MANY OTHER
PLACES IN CERTAINLY UNLIKE OUR
FEDERAL CONSTITUTION WE HAVE A
RIGHT TO PRIVACY.
THAT IS BUILT RIGHT INTO OUR
CONSTITUTION AND IT HAPPENED
IRONICALLY WE DID A LITTLE
RESEARCH ON THIS ABOUT FORTY
YEARS AGO.
THEN ASSEMBLY MEMBER THE THEN
MAYOR OF SAN FRANCISCO AND THE
VICTIM OF AN ASSASSINATION WAS
THE MAYOR GEORGE MOSCONI.
AND BACK FORTY YEARS AGO HE
REALIZED THAT THE TECHNOLOGIES
THAT WERE BEING DEVELOPED MIGHT
VERY WELL IMPACT OUR PERSONAL
PRIVACY AND AS A RESULT --
WAS THE MOVING FORCE.
ON A BALLOT INITIATIVE THAT
PASSED DO WE KNOW THE NUMBERS
HOW OVERWHELMINGLY PASSED.
WELL REGARDLESS IT PASSED THE
PEOPLE OF CALIFORNIA PASSED AN
INITIATIVE THAT PUT PRIVACY AS A
FUNDAMENTAL RIGHT.
THAT EXIST RIGHT WITHIN OUR
STATE'S CONSTITUTION.
BUT DESPITE ITS STATUS AS A
FUNDAMENTAL RIGHT FACT BEEN
UNDER ATTACK AND AS I MENTIONED
THE AND CAMBRIDGE ANALYTICA
SCANDAL AMONG OTHERS PROVE THAT.
WE HAVE LOST A LOT OF OUR
PRIVACY AND WANT TO TAKE IT BACK
AND LAST YEAR WE TOOK OUR FIRST
STEPS WITH THE CALIFORNIA
CONSUMER PRIVACY ACT AS A RESULT
OF THE COMMITMENT.
DETERMINATION AND POCKETBOOK OF
ONE ALISTAIR MCTAGGART WHO WILL
BE OUR FIRST WITNESS TODAY WHO
ALSO I THINK SHARE THAT
CONCERNED ABOUT THE THREATS TO
OUR DEMOCRATIC INSTITUTIONS AS A
RESULT OF THIS LACK OF OF THIS
LOSS OF OUR PRIVACY.
BUT THE CCPA.
WAS A GOOD FIRST STEP.
LIKELY A WITH MORE NEEDING TO BE
DONE TO BOLSTER ITS PROTECTIONS
FOR CONSUMERS AND THEIR PRIVACY
AND THERE ARE MANY OF US I THINK
THERE'S SOMETHING LIKE FORTY
BILLS THAT HAVE BEEN INTRODUCED
THIS YEAR.
ADDRESSING THE C. CPA AND OTHER
PRIVACY RIGHTS SO I THINK THERE
ARE OTHERS WHO SHARE.
MY CONCERN THAT WE NEED TO
PERHAPS DO MORE WORK BEFORE.
WE PUT THIS --
OF THE BILL BEFORE THE PUBLIC.
IN THE CA IN SO FAR AS IMPLEMENT
TATIAN PERIOD OF TWENTY TWENTY
SO THERE'S WORK WE CAN DO
BETWEEN NOW AND THEN --
AND BASICALLY --
OUR PRIVACY RIGHTS CANNOT BE
UNDERMINED IN THE NAME OF
CORPORATE PROFIT I THINK THAT IS
A CLEAR VALUE THAT MOST OF US
HAVE AND CERTAINLY ONE THAT --
TO WE'RE HOPING TO ADVANCE.
IN THE YEARS TO COME OFF THE
GREAT WORK THAT WAS DONE LAST
YEAR AND THANKS TO MR MCTAGGART
SO -- THERE
ARE WE KNOW NUMEROUS GROUPS THAT
ARE EYEING THIS EFFORT --
IT WITH AN INTEREST IN DILUTING
ITS IMPACT I THINK MANY OF US
HERE.
BELIEVE THAT WE NEED TO DO MORE
BUT WE WANT TO DO IT IN A WAY
THAT'S WORKABLE FOR OUR
BUSINESSES SO PART OF THE
DISCUSSION TODAY IS GOING TO BE --
FINDING OUT FROM PRACTITIONERS --
EXACTLY HOW THIS BILL CAN BE
IMPLEMENTED AND HOW THE GDP ARE
WHICH WAS.
PERHAPS A MORE ROBUST A EUROPEAN
MODEL I IS ALREADY BEING
IMPLEMENTED SO THE NOTION WE
CAN'T DO THIS BECAUSE IT'LL BLOW
UP THE THE BUSINESS MODEL I
THINK IS A SORT OF A FALSE
NARRATIVE AND ONE THAT I'M
HOPING WE WILL.
THE BUNK FAIRLY QUICKLY WE
REALLY AND WITH THAT --
I WILL INVITE OTHERS --
TO MAKE OPENING REMARKS IF THEY
HAVE A FEW THOUGHTS I'D LIKE TO
SHARE.
MISTER VICE CHAIR YOU'RE ALL SET
TO GO.
THANK YOU MADAM CHAIR I WASN'T
PLANNING ON IT HAVING AN OPENING
REMARK BUT I WILL SAY --
THAT.
DISAPPEARS AT FIRST BLUSH TO BE
A TERRIBLY COMPLICATED --
THE LAW --
ONE THEN I AM EXPOSING MYSELF TO
IN TRYING TO LEARN AS MUCH ABOUT --
I HAD A COMMUNITY MEETING IN MY
FORMER CAPACITY IS A COUNTY
SUPERVISOR.
WHERE WE HAD --
IT WAS ORIENTED TOWARDS SENIORS
HOW TO AVOID SENIOR SCAMS.
AND THAT KIND OF BROUGHT TO THE
FORE -- HOW
INFORMATION CAN BE?
PUT OUT IN THE PUBLIC DOMAIN IN
BY THOSE --
ULTERIOR MOTIVES CAN BE USED TO
HASSLE IN MISLEAD.
VULNERABLE PORTIONS OF OUR
COMMUNITY IN THIS CASE SENIORS.
AND THAT KIND OF GOT ME THINKING
ABOUT WHAT IS OUT THERE.
I'D LIKE TO MAKE CERTAIN THAT
THERE IS IN IMPLEMENTATION THAT
IS BALANCED AS YOU MENTION MADAM
CHAIR --
THAT IS --
THAT IS LOOKING AFTER ARE
CONSTITUTIONALLY PROTECTED
RIGHTS OF BASED ON PERSONAL
INFORMATION WHILE ALSO MAKING
CERTAIN THAT --
WE DO NOT.
SO SILO OUR ECONOMY INFORMATION
ECONOMY --
THAT HURTS IS COMPETITIVELY SO I
THINK LIKE ANYTHING ELSE IS THE
BALANCE I AND I THINK THAT
APPROACH IS ALWAYS A HEALTHY --
ONE BUT I WOULD --
WHEN I FIRST CAME TO GO AND I
HAD A WIKIPEDIA PAGE?
AND MUCH TO MY CHAGRIN MY
BIRTHDAY WAS ON THERE I THOUGHT
AT SOME POINT TIME THERE WERE
CERTAIN INFORMATION THAT WAS
SACROSANCT --
SO SECURITY NUMBERS BIRTH DATES
TRULY.
HALLMARK IDENTIFYING PIECE OF
INFORMATION --
AND APPARENTLY IT WAS OUT THERE
AND I HAD TO GO THROUGH THE
LABORIOUS PROCESS OF GETTING IT
REMOVED.
IT CAN BE DONE BUT THE ONUS
CERTAINLY WAS ON ME SO IT WAS A
LEARNING EXPERIENCE I'M LOOKING
FORWARD TO SEEING HOW THE CCPA
PLAYS ITSELF OUT IN OUR ROLE IN
THIS PROCESS.
ANY OTHERCOMMENTS THE OPENING
REMARKS SENATOR ALLEN.
JUST BECAUSE YOU GOT TO REMOVE
HIS NAME WHEN I WAS CAN'T FIND
IT WITHIN A MINUTE.
BECAUSE OF THIS BECAUSE YOU GOT
TO REMOVE DOESN'T MEAN WHEN ONE
OF US CAN'T FIND IT WITHIN A
MINUTE OR TWO BECAUSE ONCE IT'S
UP IT'S ALWAYS UP.
THANK YOU SENATOR MONEY.
THANK YOU MADAM CHAIR I'M SORRY
MISS SOME OF THE OPENING
COMMENTS OF OTHERS.
I JUST WANT TO AGAIN THANK YOUR
STAFF FOR WHAT I THINK WAS
REALLY HELPFUL.
BRIEFING --
BACKGROUND --
I FOUND IT VERY USEFUL I WANT TO
THANK MR MCTAGGART NOW THE
WITNESSES WHO ARE HERE TODAY AND
FOR BACK TO THE CHAIR THANK YOU.
THEY'RE A CASCADE IN INCOME
ANSWERED WITH A ROCK AND ROLL.
I DO WANT TO TELL YOU JUST A BIT
OF IRONY MY MY HUSBAND WHO IS A
RETIRED JUDGE IS LISTENING FROM
HOME AND SENT ME A TEXT THAT
SAID THE NAME I WAS THINKING OF
WAS WILBUR MILLS.
SO TECHNOLOGY DOES HAVE A
CONGRESSMAN WILBUR MILLS --
PRODUCT LINE BY BY THAT.
AND THAT MAY BE SOMEWHAT
PROBLEMATIC.
ALL RIGHT VERY GOOD THANK YOU --
AGAIN.
MR MAKE THAGARD REALLY REALLY
APPRECIATE.
YOUR EFFORT THE WORK THAT YOU
HAVE DONE ON BEHALF OF
CALIFORNIA'S CONSUMERS AND THE
FLOOR IS OURS TO GIVE US AN
OVERVIEW.
OF ON THE CALIFORNIA CONSUMER
PRIVACY ACT.
GREAT WELL THANK YOU SO MUCH A
MEASURE VICE CHAIR MEMBERS OF
THE COMMITTEE FOR THIS
OPPORTUNITY --
I REALLY AM GRATEFUL FOR THIS
FOR THIS TIME IT'S A PRIVILEGE
AND AN HONOR TO BE HERE SO THANK
YOU VERY MUCH.
BUT WHEN WE DO TODAY IS JUST
TALK A LITTLE BIT ABOUT THE
HISTORY --
BRIEFLY AND THEN ADDRESS SOME OF
THE MORE COMMONLY.
BERKELEY MYTHS ABOUT IT --
AND ADDRESS.
BUT I'VE COME TO LEARN IT'S
CALLED FLOOD THE FEAR
UNCERTAINTY AND DOUBT THAT IS
BEING.
THROWN AROUND THIS --
AROUND THIS ACT AND THEN TEXT OF
A CPA.
THE JUSTICE A GOOD REMINDER FOR
ALL OF US TO THINK ABOUT SOME OF
THE TECHNOLOGIES THAT.
ARE ELICITING SO MUCH PASSION
RIGHT NOW --
REALLY QUICKLY GEO FENCING YOU
CAN DRAW AN INVISIBLE LINE
AROUND ANY BUILDING ANY LOCATION
IN THE COUNTRY.
AND TRACK EVERY SINGLE
SMARTPHONE GOING IN AND OUT KEEP
TRACK OF THEM.
OSTENSIBLY TO ADVERTISE IN HOME
DEVICES KNOW EVERYTHING THAT'S
GOING ON IN YOUR HOME --
INCLUDE IF THEY TELL YOU WHETHER
THAT MICROPHONE IN THEM OR NOT
FOR THE RECORDING YOU'RE NOT --
APPS WE JUST SAW TWO WEEKS AGO
AT IN ARTICLE THE WALL STREET
JOURNAL WHERE WOMEN TRYING TO
GET PREGNANT ARE.
PUTTING THEIR MOST INTIMATE
DETAILS OF OF THEIR LIFE INTO
THIS APP AND WITHIN SECONDS OF
THEM PUTTING IN THE INFORMATION
IS THE OP.
THE INFORMATION IS BEING
TRANSMITTED TO FACEBOOK ON
MIDDLE TO THEM THEY DIDN'T EVEN
UP TO A FACEBOOK ACCOUNT FOR
THAT -- THE
POTENTIAL VOTING MANIPULATION IS
IS IS HI.
YOUR CAR'S ARE ESSENTIALLY DID A
YOU KNOW GATHERING MACHINES ON
WHEELS NOW THE NO VIEW THE GYM
IF YOU ARE A FAST FOOD
RESTAURANT IF YOU.
WHAT TIME YOU TO WORK WHAT TIME
YOU LEAVE UP AND AS IT YOU KNOW
THIS INFORMATION HAS A
TREMENDOUS AMOUNT OF VALUE?
AS I LIKE TO SAY YOU KNOW A
HUNDRED YEARS AGO STANDARD AWAY
WITH THE MOST POWERFUL
CORPORATION ON THE PLANET BUT
STANDARD OIL TO KNOW EVERYTHING
ABOUT YOU.
SO WHAT WITH THE TIME LINE I GOT
THIS IDEA AROUND THE END OF
TWENTY FIFTEEN I SPENT TWO YEARS.
RESEARCHING IT TALKING TO AS
MANY EXPERTS --
IN ACADEMIA ADVOCATES IN
BUSINESSES LIKE COULD --
THAT RESULTED IN FILING THE
INITIATIVE --
IN NOVEMBER OF TWENTY SEVENTEEN
AND CERTAIN TO GATHER SIGNATURES
AT THE BEGINNING OF LAW.
THROUGH APRIL IN JUNE I START
HAVE NEGOTIATIONS WITH THIS BODY.
PRIMARILY WITH SENATOR HERTZBERG
AN ASSEMBLY MEMBER CHAO.
THOUGH EVENTUALLY.
YOU KNOW IT TOOK A LOT OF PEOPLE
AND IT IT TOOK A LOT OF
ASSISTANCE THAT WOULD HAVE.
HAPPENED I THINK IF OF IF THE
CHAIR HAD NOT BEEN GRACIOUS
ENOUGH TO PUT HER WEIGHT BEHIND
IT AS WELL --
YOU KNOW AS I THINK ABOUT IT
IT'S YOU KNOW WHAT ONE OF THE
THINGS TO THINK ABOUT IS WHEN WE
WERE GATHERED SIGNATURES WE
ENDED UP COLLECTING MORE
SIGNATURES THAN PEOPLE LIVE IN
EITHER VERMONT OR WYOMING THIS
IS A VERY POPULAR.
ISSUE WE NEVER PULLED BELOW 80%
CALIFORNIA'S REALLY CARE ABOUT
THEIR PRIVACY.
THERE WAS THE OPPOSITION
COMMITTEE FORMED AND I JUST PUT
THIS UP TO STE I DO THINK IT'S
AN AMAZING AMERICAN STORY YOU
KNOW THE AMOUNT OF MONEY RAISED
TO GET AGAINST US BETWEEN THE
THE COMPANIES THAT CONTRIBUTED
DIRECTLY. TO US THE DAY GET TO
THE COMMITTEE AGAINST US.
AND REPRESENTING THE THE
ASSOCIATION SERVES OVER SIX
TRILLION MARKET CAP ARRAYED
AGAINST ESSENTIALLY ONE
INDIVIDUAL WHICH IS A REALLY
THROW TRIBUTE TO AMERICA --
CALIFORNIA --
BUT IT WORKED AND MANY OF YOU
WERE THERE.
THAT DAY WAS TODAY WON'T SOON
FORGET THAT YOU'RE PROVIDING
MANAGER AND THE FACT IT WAS
BIPARTISAN.
AND UNANIMOUS --
TO ME IS A REAL INDICATION OF OF
OF WHERE.
THE STATE IS THAT --
SO WHAT DID WE ACTUALLY DO.
WE THE THREE MAIN ELEMENTS OF
THE CPA. ONE IS THE RIGHT TO
KNOW WHAT INFORMATION HAS BEEN
COLLECTED ABOUT YOU.
LET'S GO WITH ALL OF THE RIGHT
TO KNOW.
THE SECOND IS THE RIGHT TO SAY
NO TO THE SALE OF THAT
INFORMATION. TO HUNDREDS OF
COMPANIES YOU'VE NEVER HEARD OF
THAT'S RIGHT AS AN OPT OUT RIGHT.
THEN THE THIRD IS THE RIGHT TO
HAVE YOUR INFORMATION KEPT SAFE
IN A IN AN ERA OF IDENTITY THEFT
THAT'S A REALLY IMPORTANT RIGHT.
STILL IT'S DRESS SOME OF THE
MYTHS ONE OF THESE MYTHS IS THAT
IT CAME TOGETHER IN A WEEK AND
YOU KNOW WHO THE HECK IS ALSO
RETIRED TO THE KIDS A PRIVACY
EXPERTISE IT'S BEEN TWENTY YEARS
WORKING IN THE SPACE.
WELL IN FACT I DID TAKE TO REACH
YOUR TO RESEARCH TO TRY TO TALK
TO AS MANY PEOPLE AS I COULD BUT
THE OTHER THING IS.
WE BUILT IN MANY WAYS ON THE
WORK OF EXPERTS THAT A COME
BEFORE US SO YES I HADN'T SPENT
TWENTY YEARS RESEARCHING IT BUT
I CAN READ.
AND THERE WERE A LOT OF GREAT
IDEAS OUT THERE SO I'M GONNA
GIVE YOU ONE LITTLE CASE STUDY
OF OF OF ONE NIGHT ONE VERY
CENTRAL PART OF OUR LAW.
THERE IS THIS --
EFFORT CALLED DO NOT TRACK JIM
EFFORT AND START ABOUT TEN YEARS
AGO.
W. THREE C. STANDS FOR THE WORLD
WIDE WEB CONSORTIUM.
AND THEY TOOK A GROUP OF TRUE
COMPUTER COMPUTER EXPERTS AT THE
INTERSECTION OF PRIVACY IN
TECHNOLOGY.
WHO CAME UP WITH THIS IDEA THAT
YOUR BROWSER KATE? TO COMPANIES
WHETHER YOU WANT TO BE TRACTOR
NOT.
THERE WAS A GOOD IDEA WORK
TECHNICALLY THE PROBLEM WAS IT
WAS BASED ON INVOLUNTARY.
IT'S OF SOME COMPANIES AUTHORED
AT SOME DID NOT THE ADVERTISING
INDUSTRY GENERALLY RESISTED IT.
BUT AS A RESULT IT KIND OF ENDED
UP FILLING.
BUT NATIONAL EXPERTS HAD WORKED
ON THIS FOR ALMOST A DECADE THIS
IS THE ANTI TO ATTRACT.
AND HERE'S THE HERE'S A LIST I
THINK IT'S A PARTIAL LIST OF
SOME OF THE YOU KNOW FOR PEOPLE
IN THIS BUSINESS THESE ARE
COUPLED FACE NAMES WITH RESPECT.
TO THE PEOPLE AT THE
INTERSECTION OF PRIVACY IN
TECHNOLOGY.
FULL DISCLOSURE I GOT THIS OFF
THE INTERNET SO IF PEOPLE ARE ON
IT WHO DON'T WANT TO BE I
APOLOGIZE TO PEOPLE WHO AREN'T
ON IT THINK THEY SHOULD AGAIN I
APOLOGIZE.
NOW THE NEXT SLIDE I WANT TO
BRING UP IS DON'T READ IT
BECAUSE IT'S TOO HARD TO READ
ALL THE WORDS BUT WHAT I WANT TO
SHOW YOU WAS AT THE BOLD
UNDERLINE PARTS THIS IS FROM OUR
DEFINITION OF BUSINESS PURPOSES.
ARE ALL DRAWN DIRECTLY FROM DO
NOT TRACK SO AGAIN WE WERE
BUILDING ON THE WORK OF EXPERTS
THAT I'M WORKING ON THIS PROBLEM
FOR A DECADE.
OUR DEFINITION OF THIRD PARTY
AGAIN VERY CENTRAL TO OUR LAW.
THE BOLD UNDERLINE PARTS ARE
DRAWN DIRECTLY FROM DO NOT TRACK
SO AGAIN ONE OF THE MESSAGES
HERE IS THAT THE THING DIDN'T
COME TOGETHER IN A WEEK IT TOOK
ME TWO YEARS AND BY THE WAY.
WE RELIED ON EXPERT TO A GONE
BEFORE.
NOW.
ANOTHER AREAS GOTTEN SOME
ATTENTION IS YOU KNOW WHO'S
COVERED --
BITE BY THE CPA.
SO WE ONLY COVER BUSINESS NOT
NONPROFITS NOT GOVERNMENT.
AND BARS ARE IDEAL WAS LET'S GO
WHERE THE PROBLEM IS WITH THE
PROBLEMS WITH BIG BUSINESS AND
IT A BROKER'S.
SO WE HAVE THESE THREE
THRESHOLDS TWENTY FIVE MILLION
IN REVENUE FOR COMPANY --
OR COPY THE COLLECTS FIFTY
THOUSAND PIECE OF INFORMATION A
YEAR. FOR DATA BROKERS TO GET
OVER HALF OF THEIR REVENUE.
FROM SELLING INFORMATION.
NOW THE FIFTY THOUSAND PIECES.
OF INFORMATION HAS GOTTEN SOME
ATTENTION GOT SOME CRITICISM
BECAUSE PEOPLE SAY WELL IF YOU
HAVE A SMALL LITTLE BLOG.
IN YOUR COLLECTING ONLY A
HUNDRED THIRTY SEVEN PIECES YOU
KNOW VISITORS A DAY YOU COULD
HIT THAT FIFTY THOUSAND
THRESHOLD.
AND OUR ANSWER IS.
OKAY BUT IT DEPENDS WHAT YOU'RE
COLLECTING FROM PEOPLE.
IF YOU'RE JUST COLLECTING AN I.
P. ADDRESS.
YOU CAN ACTUALLY IDENTIFY THE
PERSON VISITING BECAUSE MULTIPLE
PEOPLE CAN HAVE ONE I. P.
ADDRESS.
SO IN OUR LAW WE SAY LOOK A
BUSINESS ISN'T OBLIGATED. TO
PROVIDE THAT INFORMATION BACK IF
YOU CAN IDENTIFY THE PERSON WITH
CERTAINTY SO AN I. P. ADDRESS
ALONE WOULD NOT BE PERSONAL
INFORMATION.
THAT SAID IF YOU'RE COLLECTING
FIFTY THOUSAND PEOPLES CREDIT
CARDS AND FINANCIAL INFORMATION
THEN INDEED THAT IS.
PERSONAL INFORMATION UNDER THE
LAW.
NOW WHETHER THAT'S THE RIGHT.
NUMBER OR NOT IN THE NATION WE
HAD A HIGHER THRESHOLD WE HAD A
HUNDRED THOUSAND AN INITIATIVE
WE HAD IT JUST IF YOU WERE
SELLING INFORMATION IN THE LAW.
THE LEGISLATURE IN ITS WISDOM
REDUCED IT TO FIFTY THOUSAND AND
AND ITS COLLECTION BUT NEVER
LESS THAT THE THAT THE BOB.
A QUESTION FOR THIS COMMITTEE
BUT BUT THE POINT IS YOU'RE
DOING WITH THE INFORMATION.
NOW LET'S TURN TO OPT IN VERSUS
OPT OUT AND THIS IS A PRETTY --
CENTRAL PART OF OF THIS OF THE
LAW SO.
LET'S THINK ABOUT THE E. U.
CHAIR REFERENCE GPR.
WHICH CAME INTO EFFECT LAST MAY.
SO.
GPR IS OPT IN IT'S BASED ON
WHAT'S CALLED NOTICE AND CONSENT
IF YOU'VE BEEN A EUROPEAN
WEBSITE YOU'VE SEEN THE LITTLE
POP UP HOW BOUT NOW CAN BE
COLLECTED AS A COOKIE HAVE I NOW
HAVE A NOW.
WE THINK THERE'S SOME PROBLEMS
WITH UP WITH DOCTOR IN THERE SO
OPERATIONAL ISSUES ONE IS SORT
OF THIS CONTENT FATIGUE IT'S A
KIND OF A CLOCK EXPERIENCE YOU
GET THESE.
POP UP ALL THE TIME THINK ABOUT
NOW THE REST.
THE SECOND IS THERE'S A THERE IS
AN ELEMENT OF TAKE IT OR LEAVE
IT YOU KNOW IF YOU NEED TO USE
OVER WE WERE NEEDS TO KNOW YOUR
CREDIT CARD IT NEEDS NO WE'RE
GOING HE'S COLLECTOR INFORMATION.
THE SORT OF THIS SORT OF LIKE
WILL I WANNA USE UBER BUT THEY
NEED TO BE ABLE TO CLICK MY
INFORMATION SO THE FACT THAT --
AND ASK IF THEY CAN CLICK MY
INFORMATION MAY NOT MEAN AS MUCH.
I KNOW THERE'S A LOT OF EFFORTS
UNDER WAY IN AND IN YOUR WE
DON'T THINK IT'S SO MUCH
CONTROLLED THE CUSTOMER.
AND THEN THERE'S THIS INNOVATION
CHILL ASPECT WHERE YOU'RE MORE
LIKELY TO GIVE CONSENT TO
ACCOMPANY FIRST OF THE COLLECTOR
INFORMATION AND WHEN YOU'VE
NEVER HEARD OF STILL BAND NEW
COMPANY.
IN EUROPE DOESN'T HAVE ARTS FOR
TWENTY FIVE MILLION OUR
THRESHOLD MIGHT HAVE A PROBLEM
SO WITH OTHER SOME OPERATIONAL
ISSUES TO OPTED.
IN ADDITION WHEN WE WERE DOING
THE RESEARCH I WAS TALKING AS
MANY APHRODITE AS I COULD AND
SOME EXPERTS ADVISE ME HEY LOOK.
IF YOU COULD OPT IN YOU YOU
MIGHT HAVE THIS PROBLEM WITH THE
AMERICAN LEGAL SYSTEM AND FIRST
AMENDMENT RIGHTS OF CORPORATIONS.
AND BECAUSE THIS IS THE
JUDICIARY COMMITTEE I THINK ITS
PURPOSE I'M A LITTLE DETAIL HERE
BUT ESSENTIALLY.
THERE'S A CASE --
BUT I WAS ADVISED ABOUT CULTURAL --
FOR SINUS HEALTH AT THE VERMONT
DATA ABOUT CASE WHERE. FOR MY
PASSED A LAW RESTRICTING
PHARMACIES ABILITY. TO SELL.
BOB PRESCRIBER IDENTIFYING
INFORMATION. TWO DRUG MARKETING
COMPANIES.
THE DRUG WORKING COMPANIES TO
GET TO THE SUPREME COURT AND AND
ACTUALLY ONE AND THE LAW WAS
THROWN OUT.
AND WHAT'S REALLY INTERESTING
HERE IS THE AYE AYE SHE'S
COMPOSED LANGUAGE FROM THE
DECISION.
BUT A RESTRICTION ON DISCLOSURE
IS A REGULATION SPEECH THE SALE
OF INFORMATION IS DISCLOSURE FOR
PROFIT.
AND IF THE ACT TO DISCLOSING
PUBLIC INFORMATION DON'T COST IS
BEACH IS HARD TO MEASURE WHAT
DOES.
SO THE ADVICE I GOT WAS YOU KNOW
IT'S NOT DISPOSITIVE IS NOT A
100% BUT YOU KNOW YOU PUT A
BLANKET RESTRICTION ON THE
RIGHTS OF CORPORATIONS TO
COLLECT INFORMATION YOU MAY BE
RUNNING INTO THIS.
ISSUE WHERE YOU HAVE A
RESTRICTION OF THE FIRST MOMENT
RIGHT TO CORPORATIONS NOW
CONTRAST THAT WITH.
AT THE DO NOT CALL FRAMEWORK.
BUT DO NOT CALL.
WITH ALL TO THE SUBJECT MONTH
MULTIPLE LOSSES IN YOUR MEMBER
YOU COULD PUT YOUR NAME ON A
LIST AND SAY I DON'T WANT TO BE
CONTACTED BY TELEMARKETERS
ANYMORE.
THIS WAS ALSO CHALLENGED.
THIS WEEK ENDED UP BEING A TENTH
CIRCUIT DECISION THAT ACTUALLY
APPEAL TO THE SUPREME COURT THE
SUPREME COURT DIDN'T.
BOB AGREE TO HEAR AN AND THIS
DECISION BASICALLY ENDED UP
SAYING LOOK IF YOU'RE GIVING
CONSUMERS ARE RIGHT.
THAT'S FORMALLY DIFFERENT IT'S
NOT TRAMPLING ON THE FIRST
MEMBER RIGHT TO CORPORATIONS
BECAUSE YOU'RE GIVING THE
CONSUMER RIGHT TO GO DO
SOMETHING WITH RESPECT TO A
CORPORATION.
SO THAT'S ANOTHER REASON WHY OPT
OUT SEEM TO A SAFER BET IN
ALWAYS GONNA SPEND ALL THIS
MONEY I DIDN'T WANT TO SPEND ALL
THIS MONEY IN AN UP.
IN A COURT FIGHT AND AND LOSE.
AND THEN THE FINAL REASON WHY WE
THINK OPT OUT.
REALLY MAKES SENSE IS BECAUSE
HOW WHAT'S THE EXPERIENCE GOING
TO BE LIKE FOR THE CONSUMER
[inaudible]
SO.
YOU WANT TO BE ABLE TO TELL
CORPORATION NOT TO SELL YOUR
INFORMATION.
HOW DO YOU DO THAT WE REQUIRE
THAT COMPANIES PUT A DO NOT SELL
MY INFORMATION BUTTON YOU CAN
CLICK?
BUT YOU CAN KIND OF IMAGINE THAT
MIGHT BE A LITTLE BIT CLUNKY
ALWAYS HAVE TO CLICK THAT AS
WELL [inaudible]
SO.
WHAT WE REQUIRE IS THAT
COMPANIES HAVE TO HONOR A THIRD
PARTY OPT OUT REQUEST AND WHAT
IS THAT MEAN IN REAL LIFE?
IN REAL LIFE I'M GONNA TALK TO
THE BROWSER COMPANIES.
AND THEY SAID LOOK WE WERE DOING
THIS FOR DO NOT TRACK OF COURSE
IF IT'S A LAW WILL DO THIS WE
WOULD WE WOULD PUT A BROWSER
EXTENSION INTO EVERYBODY'S
BROWSER.
ALLOW YOU TO SAID IT ONCE AND
FORGET.
EVERY VISIT TO EVERY WEBSITE YOU
MAKE THE BROWSER FOR YOU WILL
JUST INDICATE TO THAT WEBSITE
DON'T SELL MY INFORMATION.
SO WHAT WE'VE DONE WE'VE
ACHIEVED DO NOT TRACK THROUGH
LEGISLATION ALL THAT WORK THAT
DOES EXPERTS DID FOR OVER A
DECADE WE'VE ESSENTIALLY
ACHIEVED DO NOT TRACK BY ANOTHER
ROUTE.
AND WE THINK IT'S A REALLY
MOMENTOUS STEP FOR THIS LAW.
WE THINK THAT THAT IS.
THE END OF THE LARGE COMPANIES
TRACKING ACROSS THE WEB AND WHAT
I REALLY LIKE ABOUT IT AS A
BUSINESS PERSON IS I THINK IT'S
SIMPLE FOR CONSUMERS YOU DON'T
TO DO VERY MUCH.
WANTS YOU TO SET THAT IN YOUR
BROWSER.
AND FORGET IT.
BUT THE MOVE TO ADVERTISING
WHICH ALSO HAS BEEN A LITTLE BIT
CONTENTIOUS IN THE SENSE THAT.
WE PERMIT ADVERTISING.
THE LAW PERMITS ADVERTISING AND
YOU KNOW.
THERE HAVE BEEN PEOPLE WHO'VE
BEEN CONCERNED ABOUT THAT
BECAUSE THEY SAY WELL THEY CAN
TRACK YOU THROUGH ADS AND AND
WHAT YOU'RE DOING YOU HAVEN'T
REALLY DONE MUCH.
AND THE POINT IS WELL IF WE
DON'T PRMIT ADVERTISING WE KIND
OF DO WRECKED INTERNET SO YOU'VE
GOT.
TO HAVE SOME KIND OF BOUNCE BUT
TO GO BACK TO POINT IS WHERE IS
THE BALANCE.
THE ONE WHERE WE DREW THE LINE
IS WE SAID OKAY YOU CAN DO THE
ADS BUT YOU CAN'T RESELL THE
INFORMATION SO LITTLE QUICK
TUTORIAL.
WHEN YOU SEE AN AD ONLINE THAT
MEANS YOUR PERSONAL INFORMATION
HAS BEEN ABOUT MOMENT AUCTIONED
OFF IN OUR WITH COLOR REAL TIME
DID?
THE HUNDREDS OR THOUSANDS OF
COMPANIES.
EVERY TIME YOU SEE THAT WHEN YOU
CLICK ON IT OR NOT.
AND IN MANY CASES WITH SOME AS
MOST CASES THAT INFORMATION IS
RETAINED BY THE WINNING BIDDER
AND THE LOSING BIDDERS.
WHICH IS HOW YOUR INFORMATION
JUST GETS PROPAGATED JUST BY
JUST BEING ON THE INTERNET.
SO.
WHAT ARE LAW WOULD SAY IS SURE
YOU CAN STILL CONDUCT THE
AUCTION?
BUT THE INFORMATION IS ACTUALLY
STOP THE DIES AT THE BY THE
RECIPIENT.
THE LOSING BIDDERS CAN'T RETAIN
IT CAN'T REUSE IT CAN'T RESELLER.
AND SO.
AGAIN WE WERE TRYING TO STRIKE
THIS BALANCE THAT YOU WERE
TALKING TO LINDA EARLIER HOW DO
YOU PERMIT COMMERCE.
BUT ACTUALLY PUT SOME REASONABLE
LIMITS ON WHAT CAN HAPPEN TO THE
INFORMATION.
ADDITIONAL RIGHTS UNDER THE CPA.
WE GIVE THE CONSUMER THE RIGHT
TO DELETE INFORMATION IS POSTED
THAT'S OF HAVE TO WORK WITH THE
FIRST AMENDMENT SO THERE'S NOT A
EUROPEAN RIGHT TO BE FORGOTTEN
BECAUSE THAT WILL WORK IN THIS
COUNTRY.
WE INCREASED PROTECTION FOR
CHILDREN OF THE OFF THE AGE OF
OFTEN IS INCREASED FROM.
THIRTEEN TO SIXTEEN HAVING TO
SPEND ALL THAT TIME AN OPT OUT
YOU MIGHT BE SAYING WHAT'S UP
WITH ABOUT BUT IT IS BECAUSE
CHILDREN ARE TREATED DIFFERENTLY
SENATOR MORE PROTECTED CLASS.
AND THEN COMPANIES WE SAID THE
COMPANIES CAN'T DISCRIMINATE
AGAINST YOU IF YOU SAY NO TO THE
SALE OF YOUR DATA --
SO YOU CAN'T ALL OF A SUDDEN SAY
NO YOUR CELL PHONE COMPANIES OF
SOME I DID AND GET A THREE
HUNDRED DOLLAR A MONTH CHARGE.
YOU KNOW --
ON YOUR ON YOUR CELL PHONE WHICH
WOULD ESSENTIALLY COURSE
EVERYBODY INTO INTO SAYING YES
TO THE SALE THIRD.
ENFORCEMENT HAS BEEN A HOT
BUTTON.
EIJI ENFORCES BY THE ACT.
WE HAVE A PRIVATE RIGHT OF
ACTION SO CONSUMERS CAN SUE FOR
NEGLIGENT DATA BREACHES AND WHAT
THOSE ARE ARE.
THERE THREE SAFE HARBORS IF THE
COMPANY IS ENCRYPTED THE DATA.
IF THEY REDACTED THE MEANS TO
CURE NAME OUT OF THE DATA SAID.
FOR IF THERE WERE REASONABLE
SECURITY PROCEDURES IN PLACE TO
PROTECT THE DATA THEN THERE.
VENDOR BUT THAT THEY'RE SAFE
HARBORS FROM THE PRIVATE RIGHT
OF ACTION OTHERWISE IS A PART
RIGHT OF ACTION FOR DATA BREACH.
ESSENTIALLY THE REASON FOR THAT
IS I DIDN'T WANT HAVE A
SITUATION WHERE A COMPANIES
DOING ITS LEVEL BEST TO COMPLY
AND THE RUSSIAN GOVERNMENT OF
THE NORTH KOREANS.
YOU KNOW HACK INTO THE COMPANY --
SOME LIABILITIES AS LONG AS
YOU'RE DOING YOUR BEST EVEN
CREEK THAT YOU'RE FINE WITH YOU
SHOULD BE DOING ANYWAY FOR
COLLECTING PEOPLE'S INFORMATION.
WITH RESPECT AGING FORSMAN THAT
IT'S GOT A LITTLE ATTENTION
RECENTLY.
WHAT I WOULD SAY IS THIS WAS
PART OF THE?
THE SENT TO DEAL THAT CAME
TOGETHER IN OUR INITIATIVE WE
HAD A PRIOR RIGHT OF ACTION FOR
EVERYTHING.
AND WE REDUCED IT TO JUST THE
NEGATIVE DATA BREACH.
BUT WE GOT A LOT IN RETURN WE
GOT.
THE RIGHT TO SEE ACTUAL
INFORMATION INITIATIVE A JUST
HAVE THE RIGHT TO SEE CATEGORIES.
BUT WE GOT THE RIGHT TO DELETE
WE GOT OFTEN AGE INCREASE IT WAS
JUST IT WITH THE DEAL.
WE WE DID A DEAL BETWEEN --
WE REDUCE THE SCOPE OF THE PRIME
RATE ACTION AND GOT BETTER
PROTECTION FOR KIDS.
I'VE FOR FOR FOR CONSUMERS I
WOULD DO IT AGAIN I THINK IT WAS
THE RIGHT THING TO DO AT THE
TIME I STILL THINK IT'S READY TO
DO.
WITH RESPECT TO CHANGES PEOPLE
BASS ABOUT CHANGES AND YOU KNOW
THIS IS THIS IS THE COMMITTEE
THAT WILL DECIDE --
I IT YOU KNOW --
I'M I'M I'M JUST A THIS.
INDIVIDUAL AND AND SO.
MANY OF ASK ME NOR MY WORRIED
ABOUT WE'RE LAW NOW TIME FOR
BUSINESS TO COME BACK IN AND GOT
IT AND DID YOU FEEL LIKE A FOOL
AND WHAT I SAY IS.
ABSOLUTELY ON THE ON THE TOTALLY
ON THE OPPOSITE --
IN MY TRAVELS.
HAVE YOU MET THE PEOPLE WHO THE
LOS MINIMUM IN WHOSE HANDS Là
REST NOW.
I FEEL EVEN BETTER ABOUT HAVING
DONE AND I WOULD DO IT AGAIN IN
A HEARTBEAT BECAUSE I I FEEL
LIKE.
THE THE PEOPLE I'VE I'VE ABOUT
ENCOUNTERED REALLY WANT TO MAKE
THIS THE BEST LAW FOR FOR THE
STATE GOING FORWARD --
AND OF COURSE THEY'RE GOING TO
CHANGES AND I'M NOT.
SOME YOU KNOW --
DIE HARD IS IS IS YOU KNOW THIS
THESE THESE THINGS CAME DOWN
FROM OUTSIDE AB YOU KNOW I'M I'M
BY MILITANT.
IF ANYBODY WANTS MY PIN AND
WILLING TO GIVE IT --
SO I'M GONNA CLOSE HERE WITH.
WHERE I FIND OUT WHERE I THINK
TB IS IN A HISTORICAL CONTEXT?
IF YOU THINK ABOUT THE RISE THE
AUTO SAFETY MOVEMENT IN THE
NINETEEN FIFTIES.
YEAH BUT APPOINT CARDS HAVE BEEN
MASS PRODUCED FOR FORTY YEARS ON
A PER ON ON PRODUCTION LINES AND
SAFETY REALLY HADN'T.
GONE ANYWHERE UNTIL.
THE UNSAFE AT ANY SPEED NADER
AND ALL OF A SUDDEN PEOPLE WERE
LIKE OH MAYBE WE SHOULD PAY
ATTENTION TO SAFETY.
IF YOU THINK OF THE RISE OF
TOBACCO AND ANTI SMOKING.
EFFORTS IN THE SIXTIES.
YOU KNOW CIGARETTE TO MASS
PRODUCE FOR EIGHTY YEARS BY THAT.
THIS IS THIS AN ESTABLISHED
TECHNOLOGY.
IF YOU THINK ABOUT YOU KNOW AUTO
EMISSIONS AND TRYING TO GET
CLEANER AIR IN THE SEVENTIES
THIS STATE OBVIOUSLY TOOK THE
LEAD.
RETIRED NOT BE ABLE TO LOG
ACROSS LOS ANGELES.
AND IF YOU THINK ABOUT ALL THREE
OF THOSE EXAMPLES IN ALL THREE
OF THOSE EXAMPLES.
WE THE PEOPLE.
ACTING THROUGH OUR
REPRESENTATIVES.
SAID HEY YOU KNOW THIS IS AN
ACCEPTABLE ANYMORE THIS IS AN
ESTABLISHED TECHNOLOGY.
BUT YOU INDUSTRY CAN AND SHOULD
DO BETTER.
YOU NEED TO DO BETTER.
AT FIRST INDUSTRY RESISTED IN
ALL THOSE CASES YOU KNOW WITH
THE FIRSTLY.
BUT NOW DESTROYED IMAGINE
SELLING A CAR WITH A SEAT BELTS
ARE WITH AN AIRBAG.
YOU KNOW IT'S IMPOSSIBLE TO
IMAGINE AND GUESS WHAT.
BUSINESS MADE PLENTY OF MONEY
ALONG THE WAY.
AND IT'S SURVIVED AND THRIVED.
AND I THINK WE'RE IN SUCH A
SITUATION RIGHT NOW WTH RESPECT
TO PRIVACY I THINK THAT --
CALIFORNIA IS NOW.
A WORLDWIDE LEADER IN PRIVACY.
THE FEDS MAY OR MAY NOT DO
SOMETHING THEY MAY OR MAY NOT
PREEMPT OTHER STATES MAY OR MAY
NOT PASS BUT TODAY ONE IN EIGHT
AMERICANS IS COVERED BY THIS LAW
WHICH GOES INTO EFFECT NEXT YEAR.
AND I THINK IS A AWESOME
RESPONSIBILITY IN THIS ROOM IN
YOUR HANDS.
BECAUSE WE ARE AT THE WE'RE
WE'RE THE STATE IS SO OFTEN WERE
IN THE VANGUARD OF REALLY
IMPORTANT A SOCIETAL.
CHANGES INACTION THIS FRANKLY
INTERNATIONAL WE WORK WE'RE A
COUNTRY WERE THE FIFTH LARGEST
COMING THE WORLD.
IS ENTIRELY APPROPRIATE THAT
WERE HERE.
THERE'S A TREMENDOUS AMOUNT OF
TECHNICAL TALENT AND AND AND AND
POLITICAL TELL AROUND THE ROOM
AND I'M I'M.
I'M HUMBLED TO BE PART OF THIS
AND I WANT TO SAY AGAIN THANK
YOU SO MUCH FOR YOUR TIME.
THANK YOU AGAIN FOR OF YOUR WORK
IN THIS EFFORT IT REALLY WAS IT
ONE PERSON KIND OF STEPPING UP.
AND AN ISSUE THAT MANY OF US
HAVE.
FOUND TO BE WITH THE MORE WE'VE
KNOWN --
FRUSTRATING AND I WANT --
TO OF THE INCIDENT THAT IT THAT
YOU JUST REFERENCE TWO WEEKS AGO
WE LEARNED THAT.
OF WOMEN WHO WERE --
TRYING -- TO
PERHAPS GET PREGNANT AND PUTTING
INFORMATION INTOTHEIR FITBIT'S.
OF THE DESCRIBED AS THEIR
MENSTRUAL CYCLE SO THAT THEY
KNOW WHEN THEY'RE OVULATING.
THAT FACEBOOK WOULD GET THAT
INFORMATION WITHOUT ANYONE'S
KNOWLEDGE OR PERMISSION IS QUITE
EXTRAORDINARY AND I THINK AN
EXAMPLE OF A SOME OF THE MORE.
OUTRAGEOUS BUT STILL EXISTING --
POTENTIALS I MEAN I I THINK
ABOUT IT YOU DON'T WANT YOUR
MOTHER TO KNOW YOU'RE TRYING TO
GET PREGNANT YOU CERTAINLY DON'T
WANT SOMEBODY.
WHO'S A COMPLETE STRANGER TO
HAVE THAT INFORMATION EITHER.
AND THIS IS THE KIND OF THING
THAT WE ARE SEEING SO --
YOUR EFFORTS REALLY HAVE I THINK
MADE AN EXTRAORDINARY DIFFERENCE
AND I WANT TO THANK YOU PUBLICLY
FOR YOUR FOR DOING THAT --
I DO HAVE ONE QUESTION --
AND I I REALIZE THAT THIS WAS A
A WHITE KNUCKLE OR AND BOTH A A
KNUCKLE IN WHITE KNUCKLE EFFORT
BECAUSE TO GET THOSE INDUSTRIES
THE SIX TRILLION DOLLARS WORTH
OF OPPOSITION TO COME TO THE
TABLE AND TO RESOLVE THIS WAS AT
BEFORE THE INITIATIVE WAS QUITE
AN EFFORT.
BUT I WONDER IF YOU COULD SHARE
WITH US --
WHAT MORE IT NEEDS TO BE DONE TO
EFFECTUATE YOUR INTENT?
RECOGNIZING THEIR COMPROMISES
MADE BUT IF YOU WERE AS I OFTEN
ASK THE MASTER OF THE UNIVERSE
WHAT WOULD YOU DO MORE. TO
EFFECTUATE YOUR INTENT.
YOU KNOW I THINK I THINK --
THE THE THE PART THAT WAS FOR
THE MOST PAINFUL FOR ME GIVING
UP.
WAS THE WHISTLEBLOWER --
WE ARE WITH THE BOAT BLOWER
PROVISION IN THAT --
AND THAT WAS HARD BECAUSE I FELT
LIKE SOMETIMES DEEP IN THE
BOWELS THESE COMPANIES YOU'RE
YOU IT COULD BE HARD TO FIGURE
OUT WHAT'S GOING ON AND IF
YOU'RE GONNA NEED SOMEONE
SOPHISTICATED --
TO TAKE A CHANCE SO THAT'S KIND
OF AN AREA I THINK --
I THINK THAT THERE ARE --
SOME CLARIFICATIONS THAT COULD
BE MADE LIKE FOR EXAMPLE --
I KNOW.
HOUSEHOLDS GOTTEN A LOT OF PRESS
BECAUSE HOUSEHOLD WAS PUT IN AT
THE LAST MINUTE WASN'T IN OUR
INITIATIVE --
THERE'S SOME REAL --
REASONS THAT EIGHTY EIGHT THE
NEED TO BE ADDRESSED AT THE SAME
TIME IT DOES THE DEFINITION SO
THERE THERE'S THINGS LIKE THAT
SO I THINK TO SOME CLARIFYING LE.
AREAS -- BUT
HONESTLY I MEAN I I WILL SAY
THAT THE THE ODD CIRCUMSTANCE OF
THE HAVING THAT INITIATIVE AND
HAVING.
SOMETHING WHERE THE COMPANY'S
UNDERSTOOD THAT THIS IS PULLING
80%.
AND THEY UNDERSTOOD THAT. TO GET
EIGHTY DOWN A FIFTY WAS GONNA
COST A A TREMENDOUS AMOUNT OF
MONEY BUT BE WAS GONNA REQUIRED
THEM TO BE SPENDING MONEY
AGAINST THEIR OWN CUSTOMERS SOME
OF THEIR CUSTOMERS CARE ABOUT
THE NEW THAT WAS KIND OF
UNTENABLE SO THAT WAS A IT WAS
AN ODD DYNAMIC.
WHICH I DON'T THINK WOULD EXIST --
INITIAL SITUATIONS AND SO WE DID
HAVE QUITE A LOT OF POWER TO TO
SORT OF SAY THIS IS THE WAY IT'S
GOING TO BE IN AND WE END UP I
THINK WITH A GREAT LAW.
THANK YOU I WILL START WITH
MISTER VICE CHAIR AND THEN A
SENATOR MONEY.
THANK YOU MADAM CHAIR.
KIND OF WANT TO ASK YOU A
QUESTION IS.
YOUR INFORMATION FROM A LEGAL
STANDPOINT AS FAR AS YOU'RE
AWARE.
WHO OWNS YOUR INFORMATION IS
THAT A PRIVATE?
OWNERSHIP IS A PROPRIETARY OR AT
WHAT POINT DOES BECOME PUBLIC
DOMAIN.
ARE THERE ARE YOU FAMILIAR WITH
ANY CASE LAW THAT.
ARTICULATES WHEN YOUR
INFORMATION IS YOUR OWN AND
TRANSFER IN OUR SHIP TRANSFERS
UPON A SERIES OF EVENTS.
I'M GONNA INSTEAD I'M A LOOK
BACK AT MY LORD IS TO MAKE SURE --
TEAMS SINCE YOUR VIEW WHAT
COMMITMENTS AS WELL BUT IN THE
MEANTIME IF YOU ADDED THAT THE
CHAIR FOR IT WAS OKAY IF HE CAME
UP NO PROBLEM.
MISTER HARRISON.
HARRISON BUT WITH ALL ANSWERED
FOR NOW IS YOU KNOW ONE OF THE
ISSUES.
THAT WE WE WE ENCOUNTERED IS --
WHEN WE TALKED ABOUT ONE OF OUR
DID WAS TO MAKE IT A PROPERTY
RIGHT [inaudible]
AND THE ISSUE THERE'S WE RAN
INTO ADVOCATES WHO SAID WOULD
YOU CAN'T MAKE IT PROPER RIGHT
BECAUSE YOU CAN ALIENATE A
PROPERTY RIGHT AND THE SHOULD BE
SOMETHING AKIN TO A CIVIL RIGHT
THAT YOU CAN'T ALIENATE RIGHT.
BUT MY UNDERSTANDING IS AT THIS
POINT THAT.
THE COMPANIES ON YOUR DATA WHICH
FEELS WEIRD DOESN'T LIKE IT
FEELS WEIRD THAT YOU WOULD GIVE
ALL THAT INFORMATION TO THEM AND
THEN THEY OWN IT.
IF YOU CAN MAKE A FLORA AND I'M
I'M NOT FAMILIAR WITH ANY CASE
LAW ONE OF THE CHALLENGES WE
ENCOUNTERED IN CRAFTING THE
MEASURE IS HOW TO DEAL WITH.
INFORMATION SOME OF WHICH IS
VOLUNTARILY POSTED SOMETIMES
WITH RESTRICTIONS SUCH AS IF YOU
LIMIT YOUR FACEBOOK SETTINGS TO
STIR FRIENDS SOMETIMES WITHOUT
ANY RESTRICTIONS AT ALL AND ONCE
INFORMATION ENTERS THE PUBLIC
DOMAIN IT'S VERY.
DIFFICULT TO ATTACH ANY SORT OF
PROPERTY RIGHT TO IT WAS CLEAR
THIS IS THE WILD WEST --
AREA OF OF THE LOGS WOULD NOT
GET LEADERS AS I'M AWARE OF IT.
NOW GOING BACK TO THE DO NOT
CALL LIST WAS AT A NATIONAL
CLEARINGHOUSE OR WAS THAT A
STATE WHAT WAS.
THAT WHAT IT MY UNDERSTANDING A
AND THE STATE'S --
DID AND THEN I THINK EVENTUALLY
THERE WASN'T A NATIONAL --
BUT IT READ IT IT IT IT IT
STARTED WITH THE STATE'S AND I
AS I BELIEVE THAT MR MARKETING
WAS A STATE --
CASE.
SO IN YOUR ODYSSEY.
OF PURSUING THIS DID YOU
CONTEMPLATE THAT MAY BE A
CLEARING HOUSE STYLE AT THE
STATE LEVEL.
WOULD TAKE AWAY --
ALL THE UNCERTAINTIES FOR THOSE
THAT DON'T WANT TO PARTICIPATE.
IN IN THE INFORMATION EXCHANGING
TECHNOLOGY.
I CAN TO A DO NOT CALL LIST.
WE DID IN ON IT FRANKLY ONE OF
THE THINGS WE WERE DOING WAS
WHEN WE'RE DOING INITIATIVE WE
WERE TRYING TO CRAFT SOMETHING
THAT WOULD SURVIVE.
WITHOUT ANY OBVIOUS ATTACK.
VECTORS OF ATTACK AGAINST IT AND
SO THE IDEA OF CREATING UP LIKE
AN AGENCY OR SOMETHING WAS GOING.
TO THEIR HOUSE TAKE TAKE SOME
MONEY.
AND WE KNEW THAT THAT WOULD BE
SOMETHING FOR THE OPPONENTS TO
BE LIKE OH YOU'RE JUST TRYING TO
BUILD AN AGENCY SO THEY COULD
MAYBE ATTACK US ON THAT.
SO WE WERE TRYING TO GET SOME OF
THE ESSENTIALLY CARDS ON WEIGHT --
SO THAT'S ON IS WHAT WE DIDN'T
PURSUE THAT ROUTE.
COM WOULD YOU DO ME A FAVOR
WOULD YOU IDENTIFY YOURSELF FOR
US I'M SORRY RECORD I'M JAMES
HARRISON FROM RANCHO JOHANNSON
PURCELL.
THANK YOU THANK YOU M. M. MY
LACK LAST QUESTION ARE YOU A
QUICK EXAMPLE.
YOU'VE HEARD OF ALEXA THE SO WE
HAVE ALEXIS SPEAKER MYHOUSE
WILL MIGHT MY KIDS NAME HAPPENS
TO BE A LACK OF YOU CAN IMAGINE
THE PROBLEMS THAT WE HAVE WHEN
I'M KILLING AT MY KID IN ALEXIS
SAYS.
SOMETHING IN RESPONSE. TO MAKE
FOR SOME INTERESTING --
DIALOGUE IN THE IN THE IN THE IN
THE HOUSE BUT IN TERMS OF
JURISDICTION.
GIVEN THAT WE HAVE ESSENTIALLY
INTERSTATE COMMERCE --
SITUATIONS HERE WHERE ENTITIES
ARE LOCATED --
IN DIFFERENT PARTS OF THE NATION
OR OR BROAD.
TRANSACTIONS ARE COMPLETED IN
THE UNITED STATES.
HOW DOES THE JURISDICTIONAL
AUTHORITY --
ISSUE PLAY OUT IF THERE IS A OPT
OUT OR EVEN AN OFTEN WITH
ENTITIES THAT ARE LOCATED
OUTSIDE OR EVENINTERNATIONALLY.
HOW WOULD THAT WOULD THEY JUST
SIMPLY BE IN VIOLATION OF
CALIFORNIA LAW?
A LED TEAMS TALK TO MORE THE
DETAILS BUT ESSENTIALLY SINCE WE
GIVE CALIFORNIA CONSUMER RIGHTS.
THAT'S ANYBODY DOING BUSINESS IN
CALIFORNIA HAS TO HAVE TO GIVE
THE CALIFORNIA CONSUMER RIGHTS.
YOUR MOTHER IN THEIR RIGHTS IN A
LET YOU TALK ABOUT --
INTERSTATE COMMERCE RIGHT TO TO
TO ADDRESS THAT ISSUE --
THE LAW INCLUDES AN EXCEPTION.
TO ENSURE THAT IF A XIN OCCURS
ENTIRELY OUTSIDE OF CALIFORNIA
EVEN IF INVOLVED A CALIFORNIA
RESIDENT SO THAT THE BUSINESS
THAT OBTAINS THE CALIFORNIA
RESIDENTS INFORMATION.
OBTAINS IT WHEN THAT RESIDENT AS
OUT OF STATE.
SELLS IT IN A TRANSACTION TO
ANOTHER COMPANY THAT'S ALSO OUT
OF STATE THAT IS EXPRESSLY
EXCLUDED FROM THE SCOPE OF THIS
LAW TO AVOID A COMMERCE BECAUSE
CHALLENGE THANK.
THANK YOU SENATOR MONNING.
THANK YOU MADAM CHAIR --
IN ANA THINK MR MCTAGGART FOR
YOUR WORK ON THIS PARTICULARLY.
YEAR COLLABORATION WITH THE
LEGISLATURE TO ACHIEVE WHAT YOU
OUTLINED IN IS NOW.
LAW OR HER SOON TO BE LINE
CALIFORNIA --
ON THIS LAST POINT.
IS IS THERE ANY WAY.
TO PROTECT THE CALIFORNIA.
RESIDENT CONSUMER USING THEIR
COMPUTER OUT OF STATE YOU YOU
RAISE THE CONCERN OF THE
COMMERCE.
CLAUSE [inaudible]
WORKING.
MOVING FORWARD IS THERE
SOMEWHERE WE COULD LOOK AT THAT.
BUTTRESS THE RATE OF A TRAVELING
CALIFORNIA RESIDENT.
IT IT'S CERTAINLY SOMETHING THAT
COULD BE PURSUED FURTHER I THINK
IN MOST INSTANCES THERE WILL BE
SOME CONTACT WITH THE STATE OF
CALIFORNIA I THINK IT WOULD BE
UNLIKELY THAT YOU WOULD.
HAVE TOO MANY INSTANCES IN WHICH
THE ENTIRE TRANSACTION TAKES
PLACE OUT OF THE STATE OF
CALIFORNIAAND THERE'S NO
CONTACT BETWEEN.
THAT BUSINESS AND THE STATE OF
CALIFORNIA BUT IT'S IT'S
SOMETHING THAT THE COMMITTEE
COULD CERTAINLY PURSUE FURTHER.
THANK YOU.
SO IN THE AREA OF AUTO EMISSIONS
MISTER MAKE TAG OR SHOW TO SOME
OF OUR LEGAL GOVERNMENT CONSUMER
PROTECTION ADVANCES THROUGH THE
DECADES. ONE THING THAT WE'VE
DONE WITH OUR AIR STANDARDS IS
AUTO MANUFACTURERS NOW BUILD
THEIR CARS TO THE HIGHEST
STANDARDS SO WE SET THE PACE IN
VEHICLES SOLD IN OKLAHOMA
KENTUCKY.
HAS THE SAME PROTECTIONS BECAUSE
THEY'RE NOT GONNA MANUFACTURE
DIFFERENT CARS.
IS THERE ANY.
MOVEMENT TOWARDS OTHER STATES
ADOPTING WHAT WE'VE DONE AND OR
MORE.
WHERE WE OUT WITH FEDERAL
GOVERNMENT LOOKING AT THIS?
SO I'VE BEEN --
TO WASHING A COUPLE TIMES TO
TALK TO VARIOUS MEMBERS ABOUT IT
I THINK IT'S NOT LOST ON ANYONE
THAT 20% OF THE HOUSE MAJORITY
IS FROM THE STATE --
INCLUDING SOME IMPORTANT
COMMITTEE CHAIRS --
AND WHAT I'VE HEARD FROM
EVERYBODY'S THUS FAR THERE IS
THAT -- A
BILL TO PREEMPT CALIFORNIA WITH
A WEAKER STANDARD WON'T HAPPEN --
THEY WILL LET US.
YOU KNOW I THINK IS PLENTY OF
NATIONAL EXAMPLE FOR EXAMPLE
HIPPA THE HEALTH LAW AND SHE'LL
BE A GRAMM LEACH BLILEY THE
FINANCIAL LAW.
ARE BOTH WITH THE CALL FLOORS
NOT CEILINGS THE SET NATIONAL
STANDARDS.
BUT THEY LET THE STATE'S GO
BEYOND I THINK THAT THE
APPROPRIATE THING TO DO HERE.
MY FINAL POINT ON THIS IS THE
THERE I THINK TECH IS TRYING TO
SELL THIS.
WORRY THAT --
FIFTY DIFFERENT STANDARDS WE
CAN'T APPLY AND MY ANSWER TO
THAT IS TO TWO POINT YOU JUST
RAISED.
I THINK IT'S GOING TO BE
ABSOLUTELY UNTENABLE FOR
CONSUMER FACING COMPANY.
ON JANUARY SECOND NEXT YEAR TO
SAY THE RESIDENTS OF NEW YORK.
OR ILLINOIS OR OR TEXAS HEY BY
THE WAY ALL YOUR GOAL TO BE YOU
KNOW WHEN YOUR FRIENDS AND
RELATIVES IN CALIFORNIA NOW
RIGHT THAT YOU DON'T HAVE I JUST
I DON'T SEE THAT THAT'S GOING TO
HAPPEN.
SO I AM NOT PARTICULAR WORD BY
THE FIFTY STATES THING AND EVEN
IF THERE WERE FIFTY STATES
LIQUOR FIFTY DIFFERENT DATA RICH
LAWS AND YOU KNOW WHAT.
BUSINESS KEEPS ON GOING.
SO A FEW YEARS AGO I CARRIED
LEGISLATION UNSUCCESSFULLY
LOOKING AT THE AUTO INDUSTRY.
WE NOW HAVE COMPUTERS ON WHEELS.
NEW BY THE VEHICLE IT'S YOURS
YOU OWN IT.
BUT IT CONTINUALLY IS GENERATING
DATA -- THAT
IS USED BY INSURANCE COMPANIES
SOLD TO INSURANCE COMPANIES --
THE CONTRACT YOUR ROOTS AND KNOW
THAT YOU GO BY THIS DENNY'S
RESTAURANT EVERY DAY AND THEN
YOU START GETTING.
EMAIL SIR FACEBOOK POSTINGS
ABOUT DENNY'S RESTAURANT IN
SANTA ANA OR WHATEVER MAYBE.
SO.
I OWN THE VEHICLE.
I ON THE COMPUTER.
BUT I DON'T ON THE RIGHT. TO OPT
IN OR OPT OUT OR CONTROL YOU
KNOW THIS THIS.
LARA PROTECT DATA THAT'S BEING
GENERATED FROM OUR VEHICLES.
YES WHAT WOULD WHAT WOULD YOU BE
ABLE TO SELL THE THAT THE
COMPANIES DON'T SELL MY
INFORMATION.
THAT THEY CAN STILL COLLECTED --
FOR SPECIFIED PURPOSES LIKE FOR
WARRANTY FOR THAT KIND OF THING
FOR FOR MAINTENANCE FOR BE FOR
SAFETY.
BUT THEY COULDN'T AND BY THE WAY
ON THAT WE THE AUTO INDUSTRY WHO
SAID YOU KNOW HOW OFTEN YOU YOU
BUY A NEW CAR YOU LEASE NEW CAR
AND THEY SAY OH BE PART OF THAT
ONSTAR SOMETHING WILL.
AND THEN AFTER THE THREE MONTHS
IS A NOW WOULD LIKE TO START
CHARGING.
WHAT THEY STARTED DOING NOW IS
IF YOU SAY NO THEY STILL KEEP IT
ON YOU KNOW WHY BECAUSE THE DATA
IS SO MUCH MORE VALUABLE FOR
THEM TO COLLECT?
IN YOUR MONTHLY FOR YOUR MONTHLY
FREE LIKE OFFERED YOU FOR FREE
THANK AND MY FINAL QUESTION
MADAM CHAIR IT RELATES TO YOUR
COMMENT ABOUT THE BIT SOME.
DEVICE THE APPLICATION THAT CAN
ALLOW THE OWNER. TO TO TRACK
CERTAIN HEALTH DATA.
BUT BUILT INTO THAT IS A
CONNECTION TO A FACEBOOK --
APPLICATION BUT THAT'S DOESN'T
APPEAR ANYWHERE ON THE PEACE HOW
DOES THIS LAW.
PROTECT THE CONSUMER FROM THAT
SCENARIO OR DOES IT.
WELL IF YOU TOLD --
FITBIT IN THIS CASE NOT TO SELL
YOUR INFORMATION AGAIN WE DO
HAVE THESE OPERATIONAL WILL
BECOME BUSINESS PURPOSES WHERE
THAT DATA CAN BE TRANSFERRED.
BUT IN THAT CASE IF IF IT WAS
RELYING ON A BUSINESS PURPOSE
EXCEPTION TO TRANSFER THE DATA
BETWEEN FITBIT SAN FACEBOOK.
FACEBOOK WOULDN'T BE ABLE.
TO COMBINED THAT DATA WITH
EVERYTHING ELSE TO KNOW ABOUT
YOU SO IT ONLY REALLY BE ABLE TO
USE THAT DATA IN CONTEXT WITH IN
THE CONTACTED FITBIT.
AND SO WHEN WE THINK ABOUT THAT
IF YOU GO TO THE LA TIMES.
FACEBOOK IN ABOUT YOU WHILE
YOU'RE ON THE LA TIMES YOU GO TO
THE CHRONICLE FACEBOOK IN --
BUT YOU ON THE CHRONICLE BUT I
CAN'T COMBINE AT SO CAN'T TRACK
YOU FOR THE CONSUMER WHO OP SO
THEY CAN TRACK YOU.
ACROSS EVERY PAGE YOU VISIT ON
THE WEB AND COMBINE ALL THAT
INTO ONE GIANT DATABASE SO IN AN
ACCENT WAS MY FINAL QUESTION BUT
ACTIONS ARE ON MORE WILL GIVE
YOU ONE MORE.
MOVING FORWARD.
WHEN THIS LAW BECOMES IN EFFECT
WHAT ABOUT DATA THAT'S ALREADY
BEEN COLLECTED CAN WE GO
RETROACTIVELY AND SAY WHATEVER
DATA YOU COLLECTED OF MINE --
UP TO JANUARY OF I'M
[inaudible] TWENTY TWENTY
TWENTY AIRED WHENEVER IT GOES
INTO EFFECT --
DO WE HAVE A THE ABILITY TO
REACH BACK TO PROTECT DATA THAT
THEY MAY ALREADY.
POSSESS NO WE WE WE WANT TO DRAW
A LINE THE SENTENCE WERE.
GIVEN TO STAY STANDING START AND
SO -- IT'S
IT'S MOVING FORWARD FROM THAT.
THANK YOU THANK YOU MADAM CHAIR.
THANK YOUS A CENTER WHITE HOUSE
CAN I GET SEVEN QUESTION AND
YOUR COMMENT ON THE RIGHT TO
DELETE I'M SURE IT CONSUMERS
LIKE THAT THE EXCELLENT STAFF
REPORT TALKS ABOUT SOME BROAD
EXCEPTIONS THERE'S NO SECURITY.
THE DETECTION MAKES SENSE TE
BUGGING YOU KNOW --
PUBLIC INTEREST INFORMATION THEN
WE HAVE THIS RATHER LARGE --
THE BUSINESSES.
AND ALL I CAN THINK OF IS SAID
BAKER BUT THE WEDDING CAKE IN --
EXERTING THEIR RIDE AND I WANTED
TO GET YOUR TAKE ON THAT IS IT
TO MAKE IT MEANINGFUL FOR THAT
THE RIVER THE WHAT I EXPECT I
THINK SOME CONSUMERS OF THE
RIGHT TO DELETE.
MY PERSONAL INFORMATION
[inaudible]
SO.
YOU KNOW WE LIVE IN THAT COUNTRY
WAS STRONG FIRST MATTER RIGHTS --
AND ONE OF THE BY NOT TO NOT AT
YOUR QUESTION BOWED TO ANSWER A
DIFFERENT WAY ONE OF THE WAYS TO
THINK ABOUT THIS BILL AS WE GIVE
THE EIGHT A TURNING GENERAL
TREMENDOUS ABILITY OR POWER. TO
ISSUE REGULATIONS IN FURTHERANCE
OF THE ACT.
AND SO MIGHT INTENTION WAS NOT
TO SET SOME IN STONE AND SAY
THAT'S A FOREVER THING BECAUSE I
THINK THIS IS MOVING WITH THE
TIMES AND SO THAT'S THE KIND OF
THING WHERE YOU COULD SAY OKAY
THIS IS WHAT THE REGULATION
MEANS AND THEN TO THE EXTENT
THAT YOU.
FIND IS BEING ABUSED.
OR THE NEEDS FIXING YOU COULD
PROBABLY FIX THAT WITH THE
REGULATION FROM THE ATTORNEY
GENERAL ENFORCING SO IS MY IS MY
HOPE.
THAT THE I THINK THE REASON WE
PUT IT IN THERE IS BECAUSE I WAS
TOLD THAT THAT WAS SOMETHING YOU-NEEDED. TO PUT IN IN TERMS OF
BEING ABLE.
TO NOT TRAMPLE ON FIRST MEMORIZE
FOR THE THE THE WAY THE BOUNCING
BALL WOULD WORK AS THEY HAVE MY
PERSONAL INFORMATION I ASK HIM
TO TAKE IT OUT.
THEY SAY NO THIS IS A FREE
SPEECH EXPRESSION THAT I ASKED
THE ATTORNEY GENERAL TO SUE FOR
ME.
YEAH I THINK WHAT WOULD PROBABLY
HAPPEN IS IS MULTIPLE PEOPLE TO
HEY LOOK THIS IS LOCAL COMPANIES
DURING THE USE THIS IS A
LOOPHOLE THEY'RE SAYING IT'S ALL
FIRST MEMORIZE BUT NO ONE'S
ACTUALLY DELETE YOUR INFORMATION
AND THEN THAT WOULD BECOME A
THING.
AND I THINK THAT THAT THE
ATTORNEY GENERAL WOULD STEP IN
THE EVENING.
YEAH.
WITCHES SO AS YOU KNOW PUTTING
QUITE A BURDEN ON THE ATTORNEY
GENERAL.
THERE IS SAID AS WELL ANY OTHER
QUESTIONS.
ALL RIGHT OF THANK YOU SENATOR I
JUST WANT TO CORRECT SOMETHING
SORRY ALL RIGHT WAS WRONG PLEASE.
ONE PERFECT CATION --
THAT THE TEXT OF THE MEASURE
APPLIED ONLY TO INFORMATION
COLLECTED AFTER TO AFFECTED DATE
THAT PROVISION IS NOT IN THE C.
C. P. ENACTED BY THE LEGISLATURE.
RIGHT SO WHAT ARE THE CONTENTS
WHAT WOULD THE CONSEQUENCES OF
THAT BE WOULD THAT MEAN THAT WE
COULD GO BACK AT RETROACTIVELY
JANUARY WILL BE ABLE TO GO BACK
AT THE YEAR.
IT'S IT'S A YEAR IN IN IN IN IN --
IN.
YOU LOOK BACK HERE.
HI THAT'S VERY HELPFUL AS WELL.
THANK YOU SO MUCH REALLY
APPRECIATE YOUR TESTIMONY AND TO
ALL THE HARD WORK YOU'VE DONE
AND I KNOW YOUR DAUGHTERS
SITTING HERE --
YOUR DADDY ROCKS [inaudible]
ALL RIGHT.
AND I DIDN'T GET PAID TO SAY
THAT AGAIN THANK YOU SO MUCH
ELSE.
OUR NEXT PANEL --
IS TALKING.
WE'RE GOING TO COMPARE THE CCPA.
WITH ITS COUNTERPARTS AND TAKE A
LOOK AT COMPLIANCE WITH --
ARE -- THREE
WITNESSES PLEASE FIFTEEN MINUTES
EACH AND THEN WE WILL AFTER THEY
OF ALL PROVIDED THEIR TESTIMONY
OPEN IT UP FOR QUESTIONS SO WE
HAVE.
A FIRST WITH US LYDIA DILATORY
WHO IS THE PROFESSOR AND CO
DIRECTOR.
OF THE DATA PRIVACY CERTIFICATE
PROGRAM AT SANTA CLARA LAW
SCHOOL.
OF FOLLOW BY JESSICA B. LEE WHO
IS A PARTNER IN THE CULTURE OF
THE PRIVACY SECURITY AND DATA
INNOVATIONS --
DEPARTMENT AT LAW OPEN LOW.
L. L. P..
AND THEN OUR THIRD.
AND FINAL --
MEMBER OF THIS PANEL THIS ARIAL
FARC'S JOHNSON WHO IS SENIOR
COUNSEL FOR THE POLICY AND
PRIVACY --
ASPECT TO THE COMMON SENSE MEDIA
KIDS ACTION GROUP WHICH HAS BEEN.
A VERY ACTIVE IN THE PRIVACY
ARENA AS WELL SO WITH THAT.
IT'S BUT I HAVE TO SAY IT'S
ALWAYS SO NICE I HAVE A PANEL OF
THREE OUTSTANDING WOMEN.
AND HI I WANTED TO GO TO GO WELL
NOTE IT ALL OF YOU BEING HERE
AND WE'LL START WITH A PROFESSOR
DILATORY.
THANK YOU SENATOR JACKSON THE
MEMBERS OF THESE COMMITEE FOR
GIVING ME THE OPPORTUNITY TO
PARTICIPATE.
MY NAME IS LEAH AND I THOUGHT IT
AND I AM THE PRIVACY FELL
LAWCENTER KINDA LAW SCHOOL.
WHAT I CALL THE RACK THE PRIVACY
PROGRAM AND TEACH COMPARATIVE
PRIVACY LAW?
I AM LICENSE TO PRACTICE LAW
BOTH THING IS BEING DONE IN
CALIFORNIA.
I'M BRIAN PRIOR TO JOINING SUN
BACK DATA.
I WORKED IN THE PRIVATE SECTOR
BOTH AS AN OUTSIDE COUNSEL.
ON AS AN IN HOUSE PRIVACY
ATTORNEY.
I HAVE BEEN ASKED TO USE MY TIME
TO PROVIDE A GENERAL OVERVIEW.
OF WHAT IS THE GT B. R..
GDP ARE A STANDS.
FOR GENERAL DATA PROTECTION
REGULATION.
AND HE'S ONE OF THE THREE LAWS
THAT IMPLEMENTED THE RIGHT TO
DATE THE PROTECTION IN THE E. U..
THE OTHER.
TWO ARE RARELY DISCUSSED IN THE
US BECAUSE THE ARE DIRECTED TO
THE PUBLIC SECTOR AND THEREFORE.
DO NOT AFFECT US ORGANIZATIONS.
IN THE YOU THE RIGHT TO THE THE
PROTECTION IS A FUNDAMENTAL RYAN.
ENNISRIDE IN ARTICLE EIGHT OF
THE CHARTER WHICH IS THE U.
FUNCTIONAL EQUIVALENT TO THE US
BILL OF RIGHTS.
IN ADDITION THE CONSTITUTIONS OF
SOME YOU COUNTRIES PROVIDE FOR
THE RIGHT TO THE THE PROTECTION.
FOR EXAMPLE ARTICLE EIGHTEEN FOR
OF THE CONSTITUTION OFFICE BEING
GRANTS IS FINE YOURSELF RIGHT TO
THE THE PROTECTION.
IN ADDITION TO HAVING A RIGHT TO
THE THE PROTECTION.
EUROPEANS ALSO HAVE A RIGHT TO
PRIVACY.
THE RIGHT TO PRIVACY IS PROVIDED
IS PROTECTED UNDER ARTICLE SEVEN
OF THE CHARTER UNEASE RECOGNIZED
BY OST IF NOT FULL MEMBERS
STATE CONSTITUTIONS.
THE ONLY AREA OF PRIVACY
REGULATED IN THE U. LED BY THE
U. LEVEL IS COMMUNICATIONS
PRIVACY.
IN TWO THOUSAND AND TWO THE
PRIVACY THAT ACTIVE IMPOSE
RESTRICTIONS ON COLLECTION AXES
AND USE OF COMMUNICATIONS THEY
EITHER.
ON MONDAY THE CERTIFIED SECURITY
MEASURES.
IT ALSO ESTABLISHED THE RULES OF
CONSENT FOR DIRECT MARKETING
UNEASE THERE.
FOR THE U. COUNTERPART TO THE US
CAN SPAM ACT.
THE PRIVACY THAT EXIT WAS
NICKNAMED THE COOKIE THAT ACTIVE
BECAUSE IT IS THE REASON WHY THE
SO CALLED COOKIE WALLS WERE
IMPLEMENTED IN YOU WEBSITE. ONE
HELPFUL ANALOGY TO UNDERSTAND
THE RIGHT THE DATA PROTECTION IN
EUROPE IS THIS.
IN THE SAME WAY THE US CITIZENS
HAVE A CONSTITUTIONAL RIGHT TO
BEAR ARMS WHICH IS THE FRIEND
AND THIS THING FROM.
BY CONNECTED WITH THE RIGHT TO
EUROPEAN SUFFERED RIGHT THE DATA
PROTECTION WHICH IS DIFFERENT
AND DISTINCT FROM.
JACK CONNECTED WITH THE RIGHT TO
PRIVACY.
THE ORIGIN OF THE RIGHT TO THE
TO PROTECTION CAN BE TRACEDBACK
TO THE RIGHTS OF FOR THE MEDIA
DATA PROCESSING IN THE SIXTIES
AND SEVENTIES.
AT THE TIME THE BEER CUES AND
RISKS OF WHAT WE NOW CALL
COMPUTERS WERE DEBATED ON BOTH
SIDES OF THE ATLANTIC.
IN THE US THE CONSENSUS WAS.
THE NO OVER ARCHING NEW
REVELATION WAS NEEDED.
EUROPEANS CAME TO THE OPPOSITE
CONCLUSION AND DECIDED TO ENACT
A NEW TYPE OF LOS.
THESE NEW LAWS SET OUT TO
REGULATE.
HOW COMPUTER SAID ALLOWED TO
THINK ABOUT HUMANS?
THE ORIGINAL NAME GIVEN TO THESE
NEW LEGAL FEEL LESS.
PROTECTION OF INDIVIDUALS
[inaudible]
WITH REGARDS --
AUTOMATED PROCESSING OF PERSONAL
DATA.
THESE NAME WAS CERTAINLY TOO
LONG AND WAS EVENTUALLY
SHORTENED TO THE THE PROTECTION
LAW.
THE COUNCIL OF EUROPE AN
INTERNATIONAL ORGANIZATION TO
WHICH ALL THE U. COUNTRIES WILL
LONG.
PLAY A KEY ROLE.
IN THE DEVELOPMENT OF THE THE
PROTECTION LAW.
IN NINETEEN SEVENTY THREE AND
SEVENTY FOUR IF YOU SHOULD TO
INFERENTIAL RESOLUTIONS THE LAID
DOWN THE THE THE PROTECTION
PROCESSING PRINCIPLES.
EMBEDDED TO THE IN GDP ARE ON
JANUARY TWENTY EIGHTH OF
NINETEEN EIGHTY ONE THE COUNCIL
OPENED FOR SIGNATURE.
THE CONVENTION FOR THE
PROTECTION OF INDIVIDUALS WITH
REGARD TO AUTOMATED PROCESSING
OF PERSONAL DATA.
NO NUYS CONVENTION ONE AWAIT.
THIS CONVENTION IS THE SEED FROM
WHICH THE RIGHT TO THE THE
PROTECTION IS PROUD DID A NEW
REMAINS TO THIS DAY THE ONLY
INTERNATIONAL BINDING AGREEMENT.
IN THE FIELD OF THE THE
PROTECTION LAW.
INCIDENTALLY IT IS ALSO THE
REASON WHY EUROPEAN CELEBRATE
THE THE PROTECTION THE ANNUALLY
ON JANUARY TWENTY EIGHTH.
THE FIRST PAN EUROPEAN DATA
PROTECTION LAW WAS ENACTED IN.
NINETEEN NINETY FIVE AND REMAIN
IN EFFECT UNTIL HE WAS THEIR
GATED BY GDP ARE IN TWO THOUSAND
AND SIXTEEN IS FRAMEWORK WAS
BUILDING FOR COURT TENANTS.
THAT HAVE PROVEN STRONG ENOUGH
TO THE REF EFFECTIVE COMPLIANCE
YET FLEXIBLE ENOUGH TO ADAPT TO
THE EVER CHANGING NATURE OF
TECHNOLOGY.
THIS TENANTS WERE NOT CHANGED BY
GDP ARE.
I WILL BRIEFLY DISCUSS THEM I
KNOW FOR CORRELATIONS TO CC BE
ABLE.
THEIR FIRST AND THEN IS THAT
TECHNOLOGY MUST BE BUILT TO
SERVE HUMANKIND.
IN THE WORST OF APPLE CEO BIG NO
NO HE'S CAPABLE OF DOING GREAT
THINGS.
BUT HE DOESN'T WANT TO DO GREAT
THINGS.
IT DOESN'T WANT ANYTHING.
THAT PART SIX ALL OF US.
THE OVER ARCHING GOAL OF THE THE
PROTECTION LAW AS DESCRIBED IN
RECITAL FOR OF GDP ARE.
USED TO ENSURE THAT TECHNOLOGY
IS ASSIGNED TO SERVE MANKIND. TO
PREVENT AN ETHICAL USES OF
TECHNOLOGY THAT THE PROTECTION
DISTINGUISH BETWEEN PERMISSIBLE.
I NON PERMISSIBLE PURPOSES.
YOU'LL DATA PROTECTION LAW.
IDENTIFY SIX CATEGORIES OF FOR
PURPOSES COLO FOOD BASES.
THAT CONSTITUTE THE UNIVERSE OF
WHAT IS PERMISSIBLE AND I'LL
CLOSE THE USE OF THE UTILIZED
PERSONAL DATA FOR ANY PURPOSE IS
THE FULL OUTSIDE.
OF THOSE SIX CATEGORIES.
IT COULD BE SAID.
THAT THE GENERAL RULE UNDER GPR
IS THAT YOUR WHO THEN CALLED
GUILTY OF UNLAWFUL PROCESSING
UNTIL YOU CAN PROVE YOUR
INNOCENCE BY IDENTIFYING A
LAWFUL BASE.
PERHAPS THE HISTORY OF EUROPE IS
THIS PLEASE THESE RESTRICTIVE
APPROACH.
ALTHOUGH THE POTENTIAL FOR GOOD
THE NEW TECHNOLOGIES WHO REALLY
DID NOT ESCAPE EUROPEAN
LAWMAKERS.
THE QUESTION OF HOW THE
HOLOCAUST WILL HAVE LUKE IF A
DATABASE CAPABLE OF TRACKING
THEIR WHEREABOUTS AND RELIGION A
FULL EUROPEAN CITIZENS ASSISTED
AT THE TIME.
WAS LIKELY NOT FAR FROM THEIR
MINDS EITHER. FIFTY FIFTY EIGHT
DOES NOT ADOPTED GTRS
RESTRICTIVE GENERAL RULE.
BUT THE DUSTING COOPERATE THE
IDEA OF SPECIFICALLY THE CPA
SUBJECTS THE SALE OF PERSONAL
INFORMATION FOR CERTAIN PURPOSES
WAS THE CPA GOALS COMMERCIAL
PURPOSES.
WHAT I TO OPT OUT FOR THOSE I
TRY TO OF THE IN FOR MINORS?
IN CONTRAST TO THE GT B. R.
WHICH DOES NOT DEFINE THE CONDO
THAT THE THREE ST STE THE CITY
PA DEFIES THE CONDUCT.
OF THE TO SELL THAT THE THE
RESTRICT.
THE SECOND TENANT.
ISTHAT FACTUAL CONTROL SHOULD
EQUAL ACCOUNTABILITY.
UNDER YOU THE THE PROTECTION LAW
ACCOUNTABILITY FOR THE TO
HANDLING IS DIRECTLY
PROPORTIONAL TO FACTUAL CONTROL.
ANY ENTITY THAT ALONE ARE
JOINING WITH OTHERS THAT THE
ROOMS THE PURPOSES SOME MEANS OF
THE PROCESSING OF PERSONALITY
DAYS QUINCY THERE ARE
[inaudible]
CONTROL --
INDEED THE SET ACT ON BEHALF OF
CONTROLLERS ARE CONSIDER PROCES
SOURCE.
BECAUSE EUROPEAN CD THE
PROTECTION A FUNDAMENTAL RIGHT
VERY FEW ORGANIZATIONS ARE
EXEMPTED FROM G. B. R..
BY LIMITING THE EXCEPTIONS AND
HE QUIT THE ARMY WAITING CONTROL
AND ACCOUNTABILITY.
GDP ARE EFFECTIVELY TODAY'S A
NUMBER A COUPLE CHAIN OF CUSTODY
OF YOUR PERSONAL DATA. FIFTY BE
A PRICE CONTROL TO
ACCOUNTABILITY BY INCORPORATING
THE CONCEPT OF CONTROLLER TO IS
THE PHOENICIAN OF BUSINESS.
ON THE CONCEPT OF PROCESSOR TO
ITS DEFINITION OF SERVICE
PROVIDER.
HOWEVER THE CPA ONLY APPLIES TO
ENTITIES THAT MEET CERTAIN
THRESHOLDS.
WHICH IN PRACTICE MEANS THAT
SIGNIFICANT AMOUNTS OF PERSONAL
INFORMATION WITH THE PROCESS.
OUTSIDE OF THE SCOPE OF THIS THE
CPA.
THEREFORE IT COULD BE SAID THAT
THE CHAIN OF CUSTODY OVER DATA
AND THEIR CCPA CAN BE
INTERRUPTED.
BACK.
WHO'S THE CPA QUITS CONTROL TO
ACCOUNTABILITY CHAIN WILL NOT
BREAK.
AS THE THE CHANGES HANDS
WHENEVER AN ENTITY THAT MEANS
THE CITY BE A THRESHOLD THAT
FORCE EFFECTIVE CONTROL OVER.
THEIR DATA MANAGEMENT PRACTICES
AND THOSE OF THEIR SERVICE
PROVIDERS WILL HAVE TO COMPLY
WITH THE CPA. FOR EXAMPLE OF THE
THE BROKER THAT MEANS THE
THRESHOLDS WOULD BE SUBJECT TO
SEE CPA EVEN IF IT THIS GREW
SIMPLY COLLECTS DATA FROM
SOURCES THAT ARE NOT SUBJECT TO
SEE TO BE A A HAS NO DIRECT
RELATIONSHIP WITH THE
INDIVIDUALS TO HOME DID THE THAT
RELATES.
THE THIRD TENANTS OF THE THE
PROTECTION KNOWING YOUR OF IS
THE ACTED YOU FOR REGULATORS
WHICH SHE'S.
IF YOU YOU CAN CONNECT THEN WE
WILL REGULATED.
THE LINE BETWEEN PRIVATE AND
SENSITIVE AND PUBLIC A HARMLESS
IS VERY TO THE THEN THE LOGICAL
ADVANCES ENABLE THE
IDENTIFICATION OF INDIVIDUALS
BASED ON THE THAT THAT.
AT FIRST GLANCE.
SEEMS RANDOM I MAKE IT POSSIBLE
TO THAT I'VE SENSITIVE
INFORMATION FROM RELATIVELY
MUNDANE DATASETS. FOR EXAMPLE
RESEARCHERS HAVE FOUND 95% OF
CELL PHONE USERS.
CAN BE UNIQUELY IDENTIFIED BY
USING ONLY FORTY SPATIOTEMPORAL
POINTS.
THE OC THOSE ARE FOUR POINTS
IDENTIFYING THERE WERE
APPROXIMATELY WHAT ABOUT AN
APPROXIMATE TIME.
AND THESE FLUIDITY HASLAM STRONG
LEGAL FRAMERS THE LIMIT THEIR
SCOPE. TO THE DEAD AT THE SCENE
CURRENTLY PRIVATE OR SENSITIVE.
YOU MEAN THE THE PROTECTION LAWS
RESTRICTED THE RESTRICTS THE
PROCESSING OF PERSONAL DATA AND
DEFINES THE TERM TO MEAN.
INFORMATION RELATING TO AND
IDENTIFY PERSON.
THESE THE PHOENICIAN IS RATHER
SHORT.
BUT IS THIS GOAL AS INTERPRETED
BY EUROPEAN COURTS AND DATA
PROTECTION AUTHORITIES IS
EXTREMELY BROWN.
INFORMATION NEED NOT BE PRIVATE
OR CONFIDENTIAL TO BE SUBJECT TO
THE G. THE PR.
IN FACT SOME OF THE MOST PUBLIC
THINGS ABOUT US.
INCLUDING OUR NAME ARE ALSO
UNQUESTIONABLY PERSONAL.
PROOF OF A SPECIAL INTERESTS TO
BE BANNED DISSEMINATION ARMIES
UC'S NOT NEEDED.
AND ESTABLISHING A REASONABLE
EXPECTATION OF PRIVACY IS NOT
REQUIRED.
THEREFORE PUBLICLY AVAILABLE
DATA IS SUBJECT TO GDP ARE SO
LONG I SEE THESE PERSONAL IN
NATURE.
IN THE SAME WAY INFORMATION NEED
NOT BE SENSITIVE TO BE SUBJECT
TO GDP ARE.
ARTICLE NINE OF THE GDP ARE
PLACES ADDITIONAL RESTRICTIONS
ON THE PROCESSING OF INFORMATION
THAT HISTORICALLY HAS BEEN A
VECTOR. FOR DISCRIMINATION SUCH
AS RACE.
RELIGION POLITICAL AFFILIATION
OR SEXUAL ORIENTATION.
THE CIRCLE SPECIAL CATEGORIES.
HOWEVER THERE IS NO MINIMUM
THRESHOLD OF SENSITIVITY.
BELOW WHICH YOU THE P. R. THAT'S
NOT APPLY.
THE DEFINITION OF PERSONAL
INFORMATION UNDER CC BA IS MORE
COMPREHENSIVE THAN ANY EXISTING
DEFINITION UNDER CALIFORNIA LAW.
THESE DEFINITION INCLUDES IN ITS
THE SCOPE THE THE ELEMENTS THAT
ENOUGH THEMSELVES ARE NEITHER
PRIVATE NOR SENSITIVE.
SOME HAVE ARGUED THAT CCPA WOULD
REGULATE THAT THAT DATE ANOTHER
REGULATED UNDER GPR.
I PERSONALLY CANNOT IMAGINE HOW
AN INTERPRETATION OF CCPA COULD
RESULT IN THAT OUTCOME.
SPECIALLY WHEN CBS GROUP STATE
ANOTHER SCREW THE FRIEND YOU THE
PR SUCH AS ANONYMIZED.
ON AGGREGATED THE THEM.
THE FOURTH TEN AND OF THE THE
PROTECTION LAW IS THE
TRANSPARENCY IS THE ONLY PASSED
THE FAIRNESS.
A KEY GOAL OF THE THE PROTECTION
LAW HAS ALWAYS BEEN TO ENHANCE
THE TRANSPARENCY OF THE THE
PROCESSING.
TRANSPARENCY SEEN AS A
PREREQUISITE FOR FAIRNESS
BECAUSE IN MANY WAYS.
COMPLIANCE WITH THE THE
PROTECTION ALWAYS.
FROM GRANTING THE WHEELS ARE
RIGHT TO BE INFORMED.
I NEVER RIGHT TO ACCESS. TO
REQUIRE INTEGRATION
IMPLEMENTATION OF DATA
MANAGEMENT POLICIES IMPORTANT
RECORDKEEPING OBLIGATIONS MONDAY
THEN THE APPOINTMENT OF THE THE
PROTECTION OFFICERS.
ON ENABLING UPGRADE WITH RIDE
THE FACTION.
MANY PROVISIONS IN GDP ARE ARE
DESIGNED TO ENSURE TRANSPARENCY.
THIS IS CPA GOES FARTHER THAN
ANY EXISTING US FEDERAL OR STATE
LOW BY INCLUDING TRANSPARENCY
ENHANCING PROVISIONS.
AND MOST NOTABLY IT GIVES
CALIFORNIANS OF RIGHT TO ACCESS
THEIR PERSONAL INFORMATION.
HOWEVER.
IT DOES NOT GO AS FAR AS THE GDP
ARE.
THAT'S THE FINAL POINT.
IN MY EXPERIENCE THE PROTECTION
OF PERSONAL DATA REQUIRES THE
APPOINTMENT OF INDEPENDENT AND
WOOD TRAINED PROFESSIONALS TO
MANAGE.
THE MANAGERIAL POSITIONS ON A
SCHEME THAT EFFECTIVELY PROTECTS
THEM INDEED REYES EASES
INTERNALLY.
MISSISSIPPI THAT'S ANOTHER
SPECIFICALLY REQUIRED
APPOINTMENT OF INDIVIDUALS
RESPONSIBLE FOR COMPLIANCE.
I'M CALIFORNIA LOSS TO THE FOR
NO MEANINGFUL PROTECTIONS TO
PRIVACY PROFESSIONALS DESPITE
THE FACT THAT THE OFTEN FUNCTION
ASSEMBLY THE REGULATORY
ENFORCERS.
AND NOT ALWAYS IN FRIENDLY
TERRITORY.
IT IS MY BELIEVE THAT EMPOWER
ENOUGH PROTECTING PRIVACY
PROFESSIONALS WILL GO A LONG WAY.
TO WAS INSURING EFFECTIVE
PRIVACY PROTECTIONS FOR
CALIFORNIA RESIDENTS
[inaudible]
IN CONCLUSION.
IN ADDITION TO HAVING THE RIGHT
TO PRIVACY EUROPEAN SUFFER RIGHT
TO THE TO PROTECTION THE GDP ARE
IS ONE OF THE THREE THE THE
PROTECTION LAWS OF THE EUROPEAN
UNION.
IT'S A STATE THAT THE GOAL IS TO
ENSURE TECHNOLOGIES BILL TO
SERVE MANKIND AND TO THE SAY AND
IT ALLOWS THE USE OF PERSONAL OF
THE THE ONLY FOR PURPOSES THE
ETHICAL.
GREETS UNBREAKABLE CHAIN OF
CUSTODY OVER THE THE BY EQUATING
ACCOUNTABILITY TO FACTUAL
CONTROL.
AND INCLUDES MANY TRANSPARENCY
ENHANCING PROVISIONS.
THIS IS THE BE A REPRESENTS AN
INNOVATIVE APPROACH TO ENFORCING
PRIVACY PROTECTIONS IN
CALIFORNIA AND ALTHOUGH IT IS
NOT MODELED AFTER THE GDP ARE.
IT DOESN'T COOPERATE IN TWO
WEEKS MAY KIND COMPLIANCE
STRUCTURE OF EUROPEAN DATA
PROTECTION LAW SINCE.
NINETEEN NINETY FIVE I AGAIN
WOULD LIKE TO THANK THE CHAIRMAN
FORTY SO PATERNITY TO
PARTICIPATE.
AND LOOK FORWARD TO YOUR
QUESTIONS.
THANK YOU VERY MUCH.
AND NOW WE WILL ASK --
JESSICA LEAD.
TO TALK TO US ABOUT SOME OF THE
WORK ABILITY ISSUES CLEARLY THE
TWO SYSTEMS ARE A LITTLE BIT
DIFFERENT --
SOME OF THE REQUIREMENTS UNDER
GDP ARE ARE MORE STRINGENT --
BUT FOCUSING ON HOW DOES ONE GO
ABOUT --
ADVISING CLIENTS ABOUT CCPA ARE
THERE THINGS.
THAT WE COULD.
CLARIFY OR THE THINGS THAT MAKE
IT DIFFICULT TO BE ABLE TO GIVE
THAT ADVICE TO CLIENTS JUST.
HOW AS A PRACTITIONER DO YOU GO
ABOUT ADVISE YOUR COMMENTS ON
HOW TO COMPLY?
OR AND I'M GOING TO READ MY
PREPARED STATEMENT I WILL SAY I
HAVE A I HAVE A LIST.
I WON'T GET THROUGH EVERYTHING
IN THE FIFTEEN MINUTES BUT I'LL
COVER THE HIGHLIGHTS AND HAPPY
TO ANSWER QUESTIONS AND IF YOU
COULD MOVE THAT CLOSER TO YOU SO
THAT WE CAN [inaudible]
ALL.
BE ABLE TO PAY ATTENTION THANK
YOU YEAH.
SOME TEAR JACKSON COMMITTEE
MEMBERS MY NAME IS JESSICA LEE I
CO CHAIR THE PRIVACY SECURITY
INDEED INNOVATIONS PRACTICE
GROUP AT LOGAN LOBE.
IN THIS CAPACITY ADVISE CLIENTS
ACROSS ON A COMPLIANCE ACROSS
THE RIGHT OF PRIVACY REGULATIONS
INCLUDING WITH THE IS GENERAL
DATA PROTECTION REGULATION AND
MORE RECENTLY THE CALIFORNIA
CONSUMER PRIVACY ACT.
I APPRECIATE THE OPPORTUNITY TO
BE HERE TODAY.
I BRASS TO SPEAK ABOUT MY
EXPERIENCE HELPING CLIENTS
PREPARE FOR THE G. P. ARE.
THE STEPS NEEDED --
TO TAKE TO ADDRESS THE CCPA APPS
AND WHERE THEIR OVERLAPS L. AND
BY OFFERING SOME SUGGESTIONS OF
CLARIFICATIONS TO THE CZ PA A TO
HELP GUIDE COMPLIANCE AND BETTER
ACHIEVE THE GOALS OF THIS LAW.
PLEASE NOTE THAT MY COMMENTS
REPRESENT MY OWN VIEWS AND MY
OBSERVATIONS AND I'M NOT
SPEAKING ON BEHALF OF ANY CLIENT
OF LOGAN LOW.
THE BEFORE BEGIN I THINK IT'S
IMPORTANT TO QUICKLY HIGHLIGHTS
THE FUNDAMENTAL DIFFERENCES
BETWEEN REGULATION IN THE US AND
REGULATION IO.
THE G. P. R. AND THE PRIVACY
DIRECTIVE THAT PRECEDED IT
ATTEMPTS TO CODIFY A BASELINE OF
PRINCIPLES DESIGNED TO PROTECT
THE RIGHTS AND FREEDOMS OF
INDIVIDUALS.
AS THEY RELATE TO THE USE OF
THEIR PERSONAL DATA.
THE G. P. R. DOESN'T TELL YOU
EXACTLY HOW TO MEET ITS GOALS
ALTHOUGH PROVIDE SOME DETAILS
WITH RESPECT TO ITS EXPECTATIONS.
INSTEAD OF PLACES A BURDEN ON
COMPANIES TO BE ACCOUNTABLE FOR
THEIR OWN PRACTICES.
WELL GUIDANCE AND ENFORCEMENT
PROVIDE SOME CLARITY THE
REGULATION ITSELF HAS MANY GRAY
AREAS AND ROOM FOR
INTERPRETATION.
COUNTING CLIENTS PARTICULARLY US
BASED COMPANIES A COMPLIANCE
WITH THIS LAW IS A CHALLENGE.
IN THE US OUR LAWS ARE VERY
PRESCRIPTIVE WE DON'T JUST TELL
YOU WHAT TO DO --
HOPING I WOULD TELL YOU WE
DICTATED T. WE TEND TO BE VERY
SPECIFIC.
AND THEIR PLUSES AND MINUSES
WITH THIS APPROACH.
IN THE PLUS COLUMN IT GIVES
CLARITY TO BUSINESS THEY CAN SAY
THEY HAVE CHECKED THE BOXES THEY
ARE COMPLIANT AND THEY CAN MOVE
ON WITH PERIODIC COMPLIANCE
AUDITS.
IN THE MINUS COLUMN IT MEANS
THAT SOME U. S. LAWS MAY BE OVER
BROUGHT IN SOME CASES OR REJECT.
I WAS THE LAW IN THE US HAS
TRADITIONALLY BEEN SECTOR
SPECIFIC.
WE HAVE LOST TO ADDRESS HEALTH
DATA FINANCIAL DATA AND
CHILDREN'S DATA AS EXAMPLES.
AND DRAFTING PRESCRIPTIVE LAWS
AND SUCH NARROWLY TAILORED
CONTACTS ARE LESS LIKELY TO GIVE
RISE TO UNINTENDED CONSEQUENCES.
THE US IS NOT HOWEVER HAD A
GENERAL PRIVACY LAW THAT APPLIED
ACROSS ALL INDUSTRIES IN PART
BECAUSE IT'S DIFFICULT TO CRAFT
A REGULATION THAT IS BOTH
SPECIFIC AND THEN OPERATIONALLY
MANAGEABLE.
ACROSS MULTIPLE INDUSTRIES AND
COMPANIES OF VARYING SIZE AND
RESOURCES.
THE GPR ALTHOUGH FRUSTRATING FOR
THOSE USED TO HAVING A VERY
SPECIFIC ROADMAP TO COMPLIANCE
ALLOWED COMPANIES FLEXIBILITY TO
CREATE THEIR OWN ROADMAP WITHIN
THE PARAMETERS SET OUT BY
REGULATORS.
BY EXAMINING THEIR DATA USE
PRACTICES AND THEN TAILING A
COMPLIANCE PROGRAM AND A MATTER
THAT BALANCE THEIR BUSINESS
PRACTICES WITH THEIR PRIVACY
OBLIGATIONS.
THIS DOESN'T MEAN THAT COMPANIES
WERE JUST LEFT TO THEIR PASSED --
AND THE ENFORCEMENT ACTIONS OVER
THE PAST FEW MONTHS MAKE THAT
CLEAR BUT IT DOES MEAN THAT
STRONG PRIVACY PROTECTION AND
REGULATORY FLEXIBILITY CAN GO
HAND IN HAND.
SO SPEAK TO A DUTY COMPLIANCE
LOOKS LIKE IN PRACTICE.
A GPR COMPLIANCE PROGRAM CAN BE
THOUGHT OF AS HAVING THREE KEY
PHASES BEGINNING WITH DISCOVERY.
IN THE DISCOVERY PHASE COMPANIES
TAKE STOCK OF THEIR CURRENT
PRACTICES THEY WORK WITH
INTERNAL STAKEHOLDERS OFTEN
EXTERNAL VENDORS AND COMPANIES
TAKE INVENTORY OF THE DATA THEY
COLLECT THE SOURCE OF THE DATA.
HOW THE DATA IS USED TO IT
SHARED WITH INTERNALLY AND
EXTERNALLY WHERE IT'S STORED AND
THEN WHAT SECURITY PATROLS ARE
APPLIED?
THIS INVOLVES AND PUT FROM
EVERYONE FROM THE BUSINESS TO I.
T. IN LEGAL.
AT SOME POINT UNDERSTAND IT FOR
MANY COMPANIES DATA STORED IN
UNSTRUCTURED FORMATS ACROSS
MULTIPLE DATABASES WITH A
VARIETY OF OWNERS.
ORGANIZING THIS INFORMATION
ACROSS THE COMPANY NO BOTH FOR
LARGE COMPANIES WITH COMPLICATED
ORGANIZATIONAL STRUCTURES AND
FOR SMALL COMPANIES AS WELL IS A
COSTLY AND TIME CONSUMING EFFORT.
NEXT ONE THE COMPANY UNDERSTANDS
OUR DATA LANDSCAPE IT CONDUCTS A
GAP ANALYSIS TO DETERMINE THE
GAPS BETWEEN THEIR PRACTICES AND
THE REGULATORY REQUIREMENTS.
AND I'LL GIVE YOU A FEW KEY
QUESTIONS THAT A COMPANY WILL
ASK ITSELF DURING THIS PHASE.
THE FIRST WHAT'S --
AND THIS IS FOR GPR WHAT IS A
LAWFUL BASIS WILL RELY ON FOR
ITS PROCESSING ACTIVITIES.
THE G. P. R. REQUIRES A COMPANY
TO HAVE A LAWFUL BASIS FOR
PROCESSING DATA AND THERE ARE
SIX OPTIONS INCLUDING CONSENT
AND LEGITIMATE INTEREST ACTUALLY
ISN'T AN NOTICE AND CONSENT
REGIME YOU GOT YOU HAVE TO GET
CONSENT TO DROP A COOKIE UNDER
THE PRIVACY DIRECTIVE.
BUT FOR G. P. R. PURPOSES ARE
SIX BASIS THAT'S OUR PROCESSING
YOUR PERSONAL PERSONAL DATA.
AND CONSENT A LEGITIMATE
INTEREST OUR MOST POPULAR FOR
BUSINESSES AND THEY HAVE THEIR
OWN REQUIREMENTS AND
CONSEQUENCES. FOR A COMPANY IS
RELYING ON CONSENT IT'S
IMPORTANT UNDERSTAND IF THAT
MEANS THE G. P. R.'S STANDARDS
IS IT SPECIFIC IS AN UNAMBIGUOUS
IS IT FREELY GIVEN ME THAT
THERE'S A CHA AN ACTUAL REAL
CHOICE ABOUT WHETHER OR NOT YOU
GIVE CONSENT.
THE WATER COMPANY RELIES ON
LEGITIMATE INTERESTS THE COMPANY
CONDUCTS A THREE PART ANALYSIS
IDENTIFYING WITH THEIR INTEREST
IS LEGITIMATE MEANING IS IT
LAWFUL.
AND THEN WHETHER THEIR USE OF
DATA IS NECESSARY IN
PROPORTIONAL TO THE PURPOSE.
AND FINALLY WHETHER THE RISK TO
THE RIGHTS AND FREEDOMS OF THE
INDIVIDUAL ARE SO HIGH THAT THEY
MIGHT OUTWEIGH THE INTEREST OF
THE BUSINESS.
A COMPANY WILL ALSO ASK IF IT'S
I'D ENGAGING IN ANY HIGH RISK
PROCESSING ACTIVITIES TO THE G.
P. R. REQUIRES A DATA PROTECTION
IMPACT ASSESSMENT FOR ANY HIGH
RISK PROCESSING ACTIVITIES.
THAT CAN BE ACTIVITIES THAT
INVOLVE THE COLLECTION OF SENSE
OF PERSONAL DATA CAN BE
PROCESSING ON A LARGE SCALE OR
AUTOMATED DECISION MAKING THAT
COULD HAVE A SIGNIFICANT OR A
LEGAL A FACT.
THAT COULD BE CREDIT REPORTS
THAT COULD BE HOUSING
DETERMINATIONS EMPLOYMENT
DETERMINATIONS AND THE LIKE.
COMPANIES CONDUCT THESE
ASSESSMENTS THE ADJUSTER DATA
PROCESSING ACTIVITIES TO REDUCE
THE RISK TO INDIVIDUALS AND A
DOCUMENT THEIR FINDINGS AND
CONCLUSIONS.
AGAIN THESE REQUIRE A THOUGHTFUL
ANALYSIS AND COMPANY ULTIMATELY
HAS TO BE ABLE TO JUSTIFY THE
CONCLUSION THAT IT REACHES.
THEN FINALLY THE COMPANY
IDENTIFIES GAPS IN THEIR
INTERNAL PROCESSES AND
PROCEDURES THE COMPANY THE SIZE
OF THEIR PRACTICES ARE
SUFFICIENT TO MEET THE GDP OURS
APARTMENTS.
THE THIRD PHASE OF A GPR
COMPLIANCE PROGRAM IS
REMEDIATION AND IMPLEMENTATION.
THIS IS ONE COMPANIES ACTUALLY
IMPLEMENT THE CHANGESREQUIRED
TO ADDRESS THE GAPS OF
IDENTIFIED.
NO --
CLOTHING IMPLEMENTING A PROCESS
TO RESPOND TO THOSE DATA SUBJECT
REQUEST.
THIS IS REALLY WHERE THE
COMPLIANCE PROGRAM SHE ORIGINAL.
IT'S ONE THING TO SAY THAT
YOU'RE GOING TO RAISE A
CONSUMERS DATA.
BUT IN ORDER TO ACTUALLY RESPOND
TO INTERRACIAL REQUEST YOU NEED
A MECHANISM TO VERIFY THE
CONSUMER.
NEED TO KNOW WHERE THE DATA
STORED WHETHER YOU HAVE AN
OVERRIDING NEED TO RETAIN THE
DATA AND THE TECHNICAL
INFRASTRUCTURE TO RESPONDING
COMPLY WITHIN A THIRTY DAY
PERIOD.
A FEW OTHER TASKS HAPPENED
DURING THIS PHASE ME IMPLEMENT
NEW DATA SECURITY PROTOCOLS
THERE'S A REQUIREMENT TO
MAINTAIN A A DATA INVENTORY THAT
HAS TO BE CONTINUALLY UPDATED.
YOU NEED TO TRAIN YOUR EMPLOYEES
AN UPDATE YOUR EXTERNAL PRIVACY
POLICIES IN YOUR CONSUMER FACING
LANGUAGE.
COMPANIES ALSO NEED TO UPDATE
THEIR THIRD PARTY AGREEMENTS AND
TEMPLATE THE GPR REQUIRES
COMPANIES TO CONTROL THE USE OF
DATA TO PLAY CERTAIN OBLIGATIONS
ON THE COMPANIES THAT PROCESS
DATA ON THEIR BEHALF.
AND A GOOD AMOUNT OF TIME IS
ACTUALLY SPENT GOING TO THOSE
NEGOTIATIONS ARE REAL COMMERCIAL
IMPLICATIONS THERE.
IT'S IMPORTANT UNDERSTAND ALSO
THE GT R. COMPLIANCE IS NOT A
FINITE PROJECT SO WHILE MAY
TWENTY FIFTH WAS CHARACTERIZED
THE DEADLINE.
IT WASN'T REALLY A DEADLINE IT
WAS JUST A MARKER OF TIME IN
COMPLIANCE WITH THE GDP ARE
ULTIMATELY IS AN ONGOING EFFORT.
ASSESSMENTS CONDUCTED LAST YEAR
MAYBE OUT OF DATE FOR SOME
RECORDS ARE PROCESSING HAVE TO
BE CONTINUALLY UPDATED AND RISKS
NEED TO BE CONTINUALLY A FAST.
THOSE IMPORTANT BUT THE G. P. R.
FOR MANY COMPANIES APART A SHIFT
IN THEIR BUSINESS CULTURE.
THESE REGULATIONS ARE MORE THAN
JUST A POLICY OR PRACTICE CHANGE
FOR COMPANIES THAT AREN'T DATA
FIRST COMPANIES HE'S REQUIRE
HUGE INFRASTRUCTURE SHIPS
ADDITIONAL RESOURCES TO SUPPORT
THE COMPLIANCE EFFORT.
THE NOW TURN TO THE C. CPI.
KEEP IN MIND THAT THE CCPA AND
THE G. P. R. TAKE A VERY
DIFFERENT APPROACH TO PRIVACY
AND DATA PROTECTION.
THE WHILE THE GPRS FOCUS ON ALL
PROCESSING OF PERSONAL DATA
REQUIRES THAT LAWFUL BASIS FOR
PROCESSING ACTIVITIES.
WITH THE CPA IS FOCUSED ON THE
COLLECTION AND TRANSFER OF
PERSONAL DATA.
THE H. GIVE INDIVIDUAL CERTAIN
RIGHTS OVER THE USE OF PERSONAL
DATA BUT THEY APPROACH THOSE
RIGHTS DIFFERENTLY.
THE COMPANIES WERE NOT SUBJECT
TO THE G. P. ARE ONLY TO START
FROM SCRATCH GOING TO THAT THREE
PHASE PROCESS I JUST DESCRIBED.
IF A COMPANY HAS IMPLEMENTED A
GPR GRAHAM IT'LL BE IN A
STRONGER POSITION TO BUILD A
CCPA COMPLIANCE PROGRAM.
BUT EVEN THOSE COMPANIES TO
UPDATE THEIR PRACTICES TO COMPLY
WITH THE GDP ARE THE STILL A LOT
OF WORK TO BE DONE BETWEEN NOW
AND TWENTY TWENTY THAT IS SO THE
G. P. ARE SMALLER COMPANIES WITH
FEWER RESOURCES MAY BE AT A
SIGNIFICANT DISADVANTAGE AS THEY
WORK TO MEET.
THESE NEW OBLIGATIONS THE
CHALLENGE FOR THESE COMPANIES IS
THAT THEY WILL NOT BE AFFORDED
THE SAME FLEXIBILITY THEY MAY
HAVE BEEN GIVEN --
UNDER THE GPR.
SO IN TERMS OF WHAT CCPA
COMPLIANCE TO ACQUIRE.
AGAIN WE'LL START WITH THE DATA
INVENTORY AND MAPPING PROCESS
COMPANIES TO PREPARE FOR THE G.
D. P. R. CAN LEVERAGE THE WORK
POTENTIALLY THAT THEY DID.
HOWEVER MANY COMPANIES LIMIT
THEIR EFFORTS TO THE E. U.
FACING PORTIONS OF THEIR
BUSINESS.
EVEN IF COMPANIES ENGAGED AN
ENTERPRISE WIDE ASSESSMENT THE
QUESTIONS THE COMPANY WILL NEED
TO ASK ITSELF THAT IT WOULD NOT
HAVE ASKED GOING TO THE G. P. R.
PROCESS.
THE COMPANIES NEED TO UNDERSTAND
FIRST IF THEY COLLECT
INFORMATION FROM CALIFORNIA
RESIDENTS.
THE GT PR IN CONTRAST HAS NO
RESIDENCY REQUIREMENTS THE
GRANTS PROTECTION TO ANY
INDIVIDUAL LOCATED IN THE EGO.
AND IT'S FAIRLY SIMPLE TO
IDENTIFIES PUBLICLY ONLINE DATA
WHETHER OR NOT SOMEONE'S IN THE
E. U. BASED ON AN I. P. ADDRESS.
BUT I. P. ADDRESSES ARE PROXY
FOR YOUR PHYSICAL LOCATION NOT
FOR YOUR RESIDENCY.
SO FOR COMPANIES WHO DON'T SEND
DIRECT MAIL FOR EXAMPLE OR IF
YOU DON'T DELIVER PRODUCTS TO
SOMEONE'S HOME ME ONLY HAVE AN
EMAIL ADDRESS OR AN I. P.
ADDRESS AND THAT WON'T CONVEY
ANY INFORMATION ABOUT RESIDENCY.
A COMPANY MAY IRONICALLY NEED TO
COLLECT MORE INFORMATION TO TO
THE MAILING ADDRESS TO DETERMINE
WHERE A CONSUMER RESIDES.
COMPANIES ALSO NEED TO
UNDERSTAND IF THE LAW APPLIES TO
THEM AND WHAT.
THE G. P. R. AS WE TALKED ABOUT
EARLIER DIVIDE WORLD INTO
CONTROLLERS AND THE PROCESSORS
AND ALLOCATE RESPONSIBILITY
BASED ON THE COMPANY'S ROLE.
CONTROLLER UNDER GPR WOULD BE
THE BUSINESS UNDER CC PA.
A PROCESSOR UNDER GPR WOULD BE
THE SERVICE PROVIDER UNDER THE
CPA.
HOWEVER THE CCPA IS NOT AS CLEAR
ABOUT THE OBLIGATIONS OF A
SERVICE PROVIDER.
DO WHAT TO MAYBE JUST A MISSING
COMMA FROM SECTION SEVENTEEN
NINETY EIGHT POINT ONE FORTY SEE
ONE A VENDOR COULD BE DEEMED A
BUSINESS UNDER THE LAW MERELY
BECAUSE IT COLLECTS CONSUMERS
PERSONAL INFORMATION.
EVEN THOUGH IT'S ONLY DOING SO
ON BEHALF OF THE BUSINESS.
THIS IS THE POINT THAT COULD BE
CLARIFIED TO COMPANIES CAN
UNDERSTAND THE ROLES AND
UNDERSTAND WHAT OBLIGATIONS
MIGHT APPLY TO THEM.
THE INVENTORY PROCESS IS ALSO
IMPACTED BY THE DIFFERENCES IN
THE DEFINITION OF PERSONAL
INFORMATION.
BOTH THE CZ P. A. AND THE G. P.
R. FOR THE CONCEPT THAT DATA IS
PERSONAL MONEY CAN BE USED TO
EITHER DIRECTLY OR INDIRECTLY
IDENTIFY A PERSON.
BUT THE C. CPA --
EXPAND THAT DEFINITION TO
INCLUDE HOUSEHOLD INFORMATION
AND INFORMATION THAT IS CAPABLE
OF BEING ASSOCIATE WITH AN
INDIVIDUAL WHICH ULTIMATELY
COULD BE ANYTHING.
UNDERSTANDING WHAT CONSTITUTES
PERSONAL INFORMATION IS ONE OF
THE COMPLIANCE CHALLENGES THE
COMPANIES ARE GOING THROUGH
RIGHT NOW.
AND FINALLY COMPANIES NEED TO
DETERMINE WHETHER OR NOT THEY
ARE SELLING PERSONAL DATA AS
DEFINED BY THE CPA.
AND I KNOW --
MANY OF YOU RECEIVED AND AT YOUR
FULL ON THE BROAD DEFINITION OF
SALES I'M NOT GOING TO SPEND A
LOT OF TIME ON THAT.
BUT I WILL SAY THAT COMPLY WITH
THE OBLIGATIONS WITH RESPECT TO
THE SALE OF PERSONAL INFORMATION
REQUIRES A COMPANY TO UNDERSTAND
NOT ONLY WHETHER THEY ARE
SELLING BUT THE ALSO NEED TO
DETERMINE THE VALUE TO THEM OF
THE DATA BEING SOLD I THINK IS A
THREAT RIGHT NOW IT'S A VALUE.
TO THE CONSUMER BUT THAT APPEARS
TO THERE MAY NOT BE A CLEAR
METRIC FOR THIS VALUATION.
COMPANIES ALSO NEED TO
UNDERSTAND THE CONSEQUENCES OF
OPTING OUT BOTH ON THE BUSINESS
AND THE CONSUMER AND WHETHER THE
IMPACT ON THE CONSUMER WOULD BE
DEEMED DISCRIMINATION.
THESE ARE NOT ONLY LEGAL
DECISIONS THEY ARE BUSINESS
DECISIONS AND THEY MAY REQUIRE
COMPANIES TO REEVALUATE AND
CHANGE OUR BUSINESS MODELS.
YOU'VE ALREADY HEARD ABOUT SOME
OF THE CHALLENGES THAT ARE
PRESENTED FOR COMPANIES WITH
LOYALTY AND MEMBERSHIP BASED
PROGRAMS.
ONCE THE COMPANY COMPLETED TO
MAPPING AND ASSESSMENT PHASE
IT'LL NEED TO TURN TO
IMPLEMENTATION. FOR CCPA THIS A
LARGELY BE FOCUSED ON HOW TO
PROVIDE A RESPOND TO THE
INDIVIDUAL RIGHTS.
AND WHILE THE C. C. P. A. N. G.
P. R. OFFER A SIMILAR SET OF
RATES THE CZ PA IS MORE
PRESCRIPTIVE AND HOW THOSE RATES
ARE DELIVERED.
RESPOND UP FOCUS MY TIME ON TO
FOR THE RIGHT OF ACCESS SO THE
LAWS ARE FAIRLY SIMILAR WHEN IT
COMES TO THE RIGHT OF ACCESS --
BUT THE PROCEDURE IS DIFFERENT.
THE WHILE THE GPR REQUIRES A
CONTROLLERS BROUGHT TO PROVIDE
AN EASILY ACCESSIBLE MECHANISM
TO SUBMIT DATA SUBJECT REQUEST.
THE CCPA TELLS US EXACTLY WHAT
THAT MECHANISM SHOULD BE AND
THAT INCLUDES PROVIDING EIGHT
HUNDRED NUMBER.
AND WHILE THIS NUMBER ITSELF IS
FAIRLY EASY TO OBTAIN STAFFING
AND TRAINING TELEPHONE OPERATORS
TO RESPOND TO REQUESTS.
REQUIRE ADDITIONAL RESOURCES
THIS IS ALSO A CHALLENGE FOR
COMPANIES WHO JUST INTERACT WITH
THEIR CONSUMERS ONLINE.
AND THEY ALSO PRESENT REST IN
TERMS OF VERIFICATION.
WITH RESPECT TO OPT OUT BOTH THE
C. C. P. A. N. G. P. R. PROVIDE
A RIGHT FOR INDIVIDUALS TO
RESTRICT TELL COMPANY USES OUR
DATA IN CERTAIN CASES.
THE WHILE THE GPR DOES NOT
SPECIFY HOW THIS OPT OUT IS MADE
AVAILABLE THE CPA SPECIFICALLY
REQUIRES A LINK TO DO NOT SOME
INFORMATION ON THE HOME PAGE OF
THE BUSINESS.
WHICH AS DEFINED COULD BE EVERY
SINGLE PAYER SO USING LANGUAGE
THAT COULD BE MISUNDERSTOOD OR
MISINTERPRETED BY THE AVERAGE
CONSUMER.
I THINK ONE OF THE KEY
COMPLIANCE CHALLENGES FACED BY
COMPANIES IS THAT THERE ARE SO
MANY UNANSWERED QUESTIONS AT
THIS POINT AND THE CLOCK IS
TICKING.
I DON'T THINK THERE'S ANY
EXPECTATION THAT THE FUNDAMENTAL
REQUIREMENTS OF THIS LAW ARE
GOING TO SIGNIFICANTLY HANGE
BUT WE DO NOT KNOW THAT THEY'LL
BE RULE MAKING FROM THE ATTORNEY
GENERAL THERE WILL LIKELY BE
ADDITIONAL LEGISLATIVE
AMENDMENTS.
AND THAT MIGHT IMPACT OF THE
COMPANY'S OPERATIONALIZE THESE
REQUIREMENTS YOU KNOW TAKE FOR
EXAMPLE IF A COMPANY SPENDS
RESOURCES NOW CREATING A
CONSUMER RIGHT VERIFICATION
PROGRAM.
THE RULE MAKING IS ISSUED NEXT
YEAR IT'S CONTRARY TO ITS PLAN
IT MAY NOT HAVE TIME TO
IMPLEMENT THE REQUIRED CHANGES.
ONCE A G. P. R. PASSED
BUSINESSES HAD TWO YEARS TO COME
TO PREPARE THEIR COMPLIANCE
PROGRAMS.
AND WHILE THE VENN ARTICLE
TWENTY NINE WORKING PARTY ISSUED
GUIDANCETO HELP PROVIDE CLARITY
ON SOME OF THE GRAY AREAS.
IT WAS JUST THAT IT WAS RULE
MAKING THAT COULD REQUIRE.
UPS GETTING OUT IT WAS JUST THAT
IT WAS IT WAS ITS GUIDANCE I
DURING THE TO YOUR RAMP UP THERE
WAS NO ADDITIONAL CHANGES IN THE
LAW ITSELF OR RULE MAKING THAT
COULD REQUIRE CHANGING DIRECTION
AT THE LAST MINUTE. FOR ALL
COMPANIES THAT ADVISOR STARTING
THE MAPPING PROCESS NOW THE AND
ACTUALLY NEED TO BEGIN
OPERATIONALIZE IN FAIRLY QUICKLY
IN ORDER TO MEET THE TWENTY
TWENTY DEADLINE.
SO SPEND MY REMAINING TIME
DISCUSSING A FEW MODIFICATIONS
TO THE C. CPA THAT COULD CLARIFY
SOME THE COMPLIANCE OBLIGATIONS
AND REDUCE THE RISK OF
UNINTENDED CONSEQUENCES.
THE COMPANIES ADVISE RECOGNIZE
THE NEED FOR THE PARTIES
PROTECTIONS I WANT TO EMPHASIZE
THAT.
THERE JUST STRUGGLING WITH HOW.
SO FIRST OF ALL IT'S RECEIVED IN
A LOT OF ATTENTION WAS MENTIONED
EARLIER I DO WANT TO UNDERSCORE
THE DESIRE FOR CLARITY AROUND
THE INCLUSION OF HOUSEHOLD IN
THE DEFINITION OF PERSONAL
INFORMATION.
THE WAY THAT IT'S INCORPORATED
NOW CREATES A REAL RISK THAT
DATA COULD END UP IN THE HANDS
OF THE WRONG INDIVIDUAL.
THERE APPEARS TO BE NOTHING IN
THE STATUTE PREVENTING A
ROOMMATE FOR EXAMPLE FROM
EXERCISING A DELETION REQUEST
JUST AS A PRANK.
A LESSON OCULUS LEE AND
ESTRANGED HUSBAND COULD EXERCISE
A DATA REQUEST AND GET
INFORMATION ABOUT HIS WIFE AND
CHILDREN.
A LEGISLATIVE AMENDMENT TO
REMOVE THE REFERENCE TO
HOUSEHOLD AND THE DEFINITION OF
PERSONAL INFORMATION COULD
PREVENT SOME OF THESE ON
WARRANTED DATA DSCLOSURES
WITHOUT WATERING DOWN THE LAW
BECAUSE THE DEFINITIONS ARE A
VERY BROAD.
ALTERNATIVELY AND NOW OUR
SOLUTION COULD BE TO AMEND THE
LAW TO SPECIFY THAT THERE'S NO
OBLIGATION TO PROVIDE THE
CONSUMER WITH THE PERSONAL
INFORMATION OF ANY OTHER
INDIVIDUAL.
EVEN IF THAT OTHER INDIVIDUAL IS
A MEMBER EITHER APPROACH WOULD
HELP INSURE BUSINESSES ARE ABLE
TO EFFECTIVELY COMPLY WITH THIS
LAW.
SECOND MIGHT CONSIDER
INTRODUCING THE OPPORTUNITY TO
CREATE CODES OF CONDUCT --
THIS IS REFLECTED IN ARTICLE
FORTY FOUR I BELIEVE OF THE GPR.
AS I MENTIONED THE TOP OF MY
REMARKS CREATING A PRIVACY LAW
THAT APPLIES ACROSS MULTIPLE
INDUSTRIES AND BUSINESSES OF
VARYING SIZES IS A CHALLENGE.
CODE OF CONDUCT WHICH OULD BE
REVIEWED AND APPROVED BY THE
LEGISLATURE OR ATTORNEY
GENERAL'S OFFICE WOULD ALLOW FOR
ADDITIONAL CLARITY THAT WOULD
TAKE INTO ACCOUNT SPECIFIC
FEATURES OF CERTAIN SECTORS.
AND THE NEED TO SMALLER
COMPANIES.
FINALLY THERE IS CONFUSION ABOUT
THE TWELVE MONTH LOOK BACK
PERIOD AND WHAT EXACTLY IT WILL
BEGIN.
BUSINESSES NEED TIME TO MAP AN
ORGANIZER DATA I SPOKE EARLIER
ABOUT THE FACT THAT.
IT COULD BE AN MULTIPLE
DATABASES VERY UNSTRUCTURED IT'S
IT'S A PROCESS TO KIND OF BRING
THE STATE INTO A PLACE WHERE YOU
CAN EFFECTIVELY ON OF THESE
THESE DATA SUBJECT REQUEST IT'S
NOT THAT IT CAN'T BE DONE.
BUT IT IS SOMETHING THAT TAKES
TIME.
AND SO WILL MAKE IN THAT COULD
PROVIDE SOME CLARIFICATION THAT
OF THE RULES ARE PUBLISHED UNTIL
NEXT YEAR THAT REALLY LEAVES
VERY LITTLE TIME TO MAP AN
ORGANIZED AT THAT --
DATA ACCORDING TO THE FINAL
DEFINITION OF PERSONAL
INFORMATION AGAIN WHICH MIGHT
TAINT CHANGE ACCORDING TO RULE
MAKING.
SO AN AMENDMENT THAT CLARIFIES
THAT TOLD MONTH LOOK BACK PERIOD
WILL NOT BE AGAIN TO THE
PUBLICATION OF THE ATTORNEY
GENERAL'S FINAL RULES OR AT
LEAST ALLOWING SOME SORT OF
GRACE PERIOD FOR COMPLIANCE
FOLLOWING THE PUBLICATION OF
THAT RULES.
WOULD ALLOW BUSINESSES TO UPDATE
THEIR PRACTICES.
I JUST LIKE TO CLOSE BY SAYING
THAT MY COMMENTS ARE DESIGNED TO
HELP INFORM THE COMMITTEE ON
CHALLENGES AT BUSINESSES.
YOU KNOW GOOD ACTORS IN MOST
CASES WHO WANT TO FOLLOW THE
RULES WILL FACE IN TRYING TO
IMPLEMENT THE C. C. P.'S
REQUIREMENTS.
WE SHOULD THE OPPORTUNITY TO BUY
THESE COMMENTS AS I SAID I THINK
THERE ARE NUMBER OF OTHER PLACES
THAT COULD --
WHERE WE COULD USE CLARITY TO
HELP --
BUSINESSES EMPLOYMENT BUT I HAVE
A SHORT SINCE YOU MIGHT HAVE.
VERY MUCH APPRECIATE THE THAT.
OF FROM THE PERSPECTIVE OF THE
PRACTITIONER HOW DO YOU ADVISE
COMPANIES HOW TO COMPLY.
AND I'M SURE THEY'LL BE
QUESTIONS AS WE GO FORWARD --
WE'RE GOING TO CONCLUDE THIS
PANEL WITH COMMENTS FROM ARIAL
FARC'S JOHNSON SENIOR.
COUNSEL WITH THE POLICY AND
PRIVACY --
ON COMMONSENSE WITH COMMON SENSE
MEDIA AND KIDS ACTION.
AGAIN IF YOU COULD --
PROVIDE US THAT INFORMATION IN
ABOUT FIFTEEN MINUTES AND THEN
WE WILL OPEN IT UP THIS PANEL UP
TO MEMBERS OF THE COMMITTEE
THANK YOU FOR BEING HERE.
THANK YOU GOOD AFTERNOON MY NAME
IS RL FACTS JOHNSON AND I
REPRESENT THE NATIONAL KIDS AND
FAMILIES ORGANIZATION COMMON
SENSE MEDIA WHICH WAS A CO
SPONSOR OF THE CCPA.
I WANT TO THANK THE COMMITTEE
MADAM CHAIR AND THE VICE CHAIR
FOR THIS IMPORTANT HEARING AND
FOR INVITING ME TO SPEAK TODAY.
COMMONSENSE HAS OVER A HUNDRED
EIGHT MILLION USER CENTER
EDUCATIONAL MATERIALS ARE USED
AND HALF OF US SCHOOLS INCLUDING
BY ALMOST EIGHTY THOUSAND
CALIFORNIA TEACHERS.
WE HAVE A LONG HISTORY OF
SPONSORING AND SUPPORTING
PRIVACY LEGISLATION AND
CALIFORNIA.
PARTICULARLY THAT WHICH PROTECTS
FAMILIES CHILDREN AND STUDENTS
SUCH AS CALIFORNIA'S LANDMARKS
OF PEPPER AND LAST YEAR'S CCPA.
WE ALSO WORK IN CITIES ACROSS
THE COUNTRY A MANY OF WHOM ARE
CALLING AFTER CCPA.
AS WELL AS WITH THE FEDERAL
GOVERNMENT TO ENSURE THAT.
AND ONE OF THE BEST WAYS WE SEE
TO PROTECT YOUNG PEOPLE'S
PRIVACY IS TO PROTECT EVERYONE'S
PRIVACY.
YOUNG PEOPLE ARE THE MOST
SURVEILLED AND TRACK GENERATION
ABER THEIR PERSONAL INFORMATION
ACTIVITIES HOBBIES AND NETWORKS
ARE EXPOSED FROM BIRTH.
AND THESE ACTIVITIES ARE FOR
SALE.
YOUNG PEOPLE SPEND THEIR ENTIRE
LIVES CONNECTED IN ORDER TO GET
AN EDUCATION AND TO PARTICIPATE
IN MODERN SOCIETY.
ALL OF THIS DATA MAKES THEM
UNIQUELY VALUABLE TO COMPANIES
AND UNIQUELY VULNERABLE TO
PRIVACY HARMS.
WELL ACCESS TO POWERFUL
TECHNOLOGY FROM EARLY ON GIVES
KIDS ACCESS TO NEW OPPORTUNITIES.
IT ALSO MEANS DEVICES AT HOME AT
SCHOOL AND EVER IN BETWEEN ARE
CONSTANTLY.
TRACKING THEM.
AND THESE DEVICES CAN USUALLY BE
CHEAP AND IT'S A CARE
PARTICULARLY ONE ARE TALKING
ABOUT A YOUNG KIDS.
TôI.
MILLIONS OF KIDS AND PARENTS
HAVE HAD SENSITIVE INFORMATION.
YOU KNOW DINNER TABLE HAT
EXPOSED BY CONNECTED DEVICES
TOYS TEDDY BEARS BABY CAMERAS.
ADDITIONALLY AS KIDS BRAINS ARE
STILL DEVELOPING THEY LAGGED
BEHIND ADULTS AND
CONCEPTUALIZING PRIVACY.
AND UNDERSTANDING TERMS OF
SERVICE AND RECOGNIZING AT YOU
KNOW IF YOU THINK YOU HAVE
TROUBLE READING A TERMS OF
SERVICE ON YOUR CELL PHONE.
GIVE IT TO A THIRTEEN YEAR OLD
THERE I SAY IT MAY BE A LITTLE
BETTER BUT THE WILL NOT BE ABLE
TO COMPREHEND IT.
MOST SCHOOL AGE KIDS CAN'T EVEN
DISTINGUISH ADS FROM OTHER
CONTENT.
KIDS ARE PRONE TO SHARING AN
IMPULSIVE BEHAVIOR AND ARE LESS
ABLE TO UNDERSTAND WHAT HAPPENS
TO THEIR INFORMATION IF THEY DO
PUT IT OUT THERE.
UNFORTUNATELY AS A STUDY
CONFIRMED INFORMATION IS
COLLECTED A SOUL AND REPACKAGED
BY DATA BROKERS INCLUDING FOR
KIDS AS YOUNG AS TWO YEARS OLD.
AND I DON'T EAT THAT VICTIMS CAN
BE YOU KNOW THREE MONTHS OLD I
THINK IS THE YOUNGEST OF HER
DEATH.
COMMONSENSE ASK PARENTS ACROSS
THE COUNTRY HOW THEY WANTED TO
PROTECT THEIR PRIVACY RIGHTS AN
WHAT TOOLS THEY THOUGHT WOULD
HELP THEIR FAMILIES.
MORE THAN NINE AND TEN PARENTS
AND TEENS THAT IT'S IMPORTANT
THAT WEBSITES CLEARLY LABEL IT
DATA THEY COLLECT.
AND HOW THEY WILL USE THAT DATA.
AND THE SAME NUMBERS THINK IT'S
IMPORTANT THAT SITES ASK
PERMISSION BEFORE SELLING OR
SHARING DATA.
THESE USE INFORM THE VALUES THAT
GUIDE OUR APPROACH IN CALIFORNIA.
HE'S ACOMMONSENSE WE BELIEVE
THAT KIDS NEED THE FREEDOM TO
MAKE MISTAKES TO TRY NEW THINGS
AND TO FIND THEIR VOICES.
UNENCUMBERED BY THE LOOMING
THREAT OF A PERMANENT DIGITAL
RECORD THAT COULD BE USED
AGAINST THEM.
KIDS AND REALLY ALL OF US
DESERVE A WORLD IN WHICH OUR
DAILY MUSINGS OUR FRIENDS ARE
NOT ASSESSED BY CORPORATIONS
LOOKING TO TURN A PROFIT.
BY NEFARIOUS ACTORS LOOKING TO
MANIPULATE OUR DEMOCRACY.
THIS IS A WORLD THAT THE
CALIFORNIA LEGISLATURE SOUGHT TO
AVOID WITH CCPA.
THE CZ PA IS THE FIRST GENERALLY
APPLICABLES CONSUMER PRIVACY LAW
IN AMERICA.
IT IS NOT LIMITED TO FINANCIAL
ARE HEALTH INFORMATION OR ANY
SPECIFIC ENTITY BUT IT
RECOGNIZES THAT AMERICANS HAVE
PRIVACY RIGHTS AND ALL OF THEIR
INFORMATION.
IT COMPARES FAVORABLY TO OTHER
PRIVACY LAWS ESPECIALLY IN THE
U. S IN BOTH MOVING US OUT OF
SECTOR SPECIFIC LAWS WHICH I
THINK ARE BECOMING INCREASINGLY
OUTDATED AS WE TECHNOLOGY IS.
AROUND US AND EVERYTHING
NOWADAYS.
AND IN MOVING US BEYOND A NOTICE
AND CONSENT MODEL.
WHEN WE LOOK TO THE GPR HOWEVER
THE CCPA COULD BE IMPROVED?
BOTH IN TERMS OF GIVING
CONSUMERS ADDITIONAL RIGHT AND
IN TERMS OF SMALL TWEAKS. TO
ENSURE THAT RATES ALREADY
OFFERED.
ARE REAL AND ABLE TO BE
EXERCISED BY INDIVIDUALS.
PROFESSOR DILATORY HAS EXPLAINED
HOW PRIVACY AND DATA PROTECTIONS
ARE FUNDAMENTAL RIGHTS IN EUROPE.
AND HOW THE GPR SUPPORTS US
RIGHT.
IN CALIFORNIA THE RIGHT TO
PRIVACY AS FUNDAMENTAL AS WELL.
AND IT IS IMPERATIVE THAT THAT
LAWS LIKE THIS THE CPA SUPPORT.
ARTICLE ONE SECTION ONE OF THE
CALIFORNIA CONSTITUTION PROVIDES
A CALIFORNIANS HAVE AN
INALIENABLE RIGHT TO PURSUE AND
OBTAIN PRIVACY.
ALSO SIMILARTO EUROPE THE
CALIFORNIA AND TRYING THE RIGHT
TO PRIVACY IN THE NINETEEN
SEVENTIES.
IN RESPONSE TO FEARS OVER
INCREASED SURVEILLANCE AND DATA
COLLECTION BY MODERN TECHNOLOGY.
SO HOW DOES THE CCPA COMPARED TO
THE G. P. ARE AND WHERE COULD BE
STRENGTHENED TO ENSURE IT IS
SUPPORTING CALIFORNIANS
INALIENABLE RIGHT TO PRIVACY.
ONE MAJOR DISTINGUISHING FEATURE
THAT YOU'VE HEARD ABOUT ALREADY
TODAY BETWEEN THE GDP ARE IN THE
C. CPI.
IS THE BASELINE ASSUMPTIONS
ABOUT WHAT PROCESSING IS OKAY.
UNDER GPR.
THE BASELINE ASSUMPTION IS THAT
A COMPANY.
SHOULD NOT COLLECT USE STYLE
NATION.
UNLESS THEY HAVE A LAWFUL BASIS
FOR DOING SO.
UNDER THE C. CPI THE DEFAULT
RULE IS THAT IT'S OKAY FOR
COMPANIES TO DO WHAT THEY WISH.
UNTIL AN INDIVIDUAL SAYS NOW.
AND THEN WHEN AN INDIVIDUAL CAN
SAY NO.
TO IS LIMITED IT TO STOP THE
SALE OF THEIR DATA.
COLLECTION AND USE OUR DATA
MINIMIZATION ARE NOT COVERED BY
THE LOT ALL.
WELL THE C. CPI IS A HUGE STEP
FORWARD FOR THE U. S..
IT'S STILL FALL SHORT OF THE GDP
ARE IN TERMS OF AVAILABLE
PROTECTION.
AND IT PUTS THE ONUS FOR ACTION
AND FOR PROTECTION UNDER THE
CONSUMER WHO HAS TO SAY NOW.
USING THIS CONCEPTS OUT OF IT
MORE FIRST IS THAT THE BASS LINE
IS IT'S OKAY FOR COMPANIES TO DO
WHAT THEY WISH.
WITH DATA.
COMPANIES HAVE NO REQUIREMENTS
TO BUILD IN PRIVACY BY DESIGN OR
TO PRACTICE DATA MINIMIZATION.
THE BURDEN IS ON THE INDIVIDUAL
TO OBJECT.
AND I JUST APPOINT ABOUT THAT
OBJECTING HEARD THAT ONE OF THE
MORE PRESCRIPTIVE THINGS IN THE
CALIFORNIA LAW IS THAT THERE IS
THIS DO NOT SELL LINK --
ONE DO NOT SELL WAS CHOSEN
BECAUSE IT SHOULD BE PRETTY
CLEAR TO A CONSUMER WHAT IT
MEANS I'M NOT SURE IF THERE'S A
MORE CLEARLY TO STATE THAT.
BUT TO THE REASON THAT.
IT HAS TO SAY DO NOT SELL AND IT
HAS TO BE SO PRESCRIPTIVE IN
THAT CASE.
IS BECAUSE THE BURDEN IS ON THE
INDIVIDUAL WANT TO MAKE IT AS
EASY AS POSSIBLE FOR THEM TO
EXERCISE THIS RIGHT.
IF IF COMPANIES WANTED TO MAKE
THE BURDEN ON THEM TO NOT DO
ANYTHING UNTIL INDIVIDUALS THAT
IT WAS OKAY THEN YOU WOULD HAVE
TO HAVE THIS PRESCRIPTIVE JOSTLE
REQUIREMENT.
BUT SNCE THE ONUS IS ON THE
INDIVIDUAL YOU WANT TO MAKE IT
AS EASY AS POSSIBLE TO EXERCISE
THAT.
SO THIS IS DIFFERENT FROM THE G.
D. P. R..
ADDITIONALLY AS I MENTIONED.
THE RIGHT TO OBJECT IS NOT FOR
COLLECTION OR USE BUT ONLY FOR
SALE.
WELL SALAS INTENDED TO BE
BROADLY DEFINED TO COVER
SITUATIONS ARE COMPANIES ARE
SHARING DATA.
ARE OFFERING ACCESS TO DATA IN
EXCHANGE FOR OTHER VALUABLE
CONSIDERATION.
I COMPANIES PURELY INTERNAL USE
OF INFORMATION IS NOT TOUCHED BY
THE C. CPI.
I THINK IT'S IMPORTANT THAT SELL
BE DEFINED.
BROADLY BECAUSE YOU DON'T WANT A
SITUATION WHERE COMPANIES SAYING --
I DON'T SELL DATA BECAUSE I'M
JUST SHARING.
ACCESS TO IT IN EXCHANGE FOR
SOMETHING ELSE THAT'S THAT SEEMS
LIKE SALES --
IN DISCUSSING DEFAULT I WOULD BE
REMISS IN NOT NOTING A CRITICAL
PLACE FOR THE CCPA DOES OFFER
IMPORTANT DEFAULT PROTECTIONS.
AND THAT IS FOR YOUNG PEOPLE IN
THIS WAY THIS EASY PAY IS LIKE
THE G. P. ARE.
BOTH IN TERMS OF A PROTECTIVE
DEFAULT AND IN TERMS OF
RECOGNIZING THE UNIQUE
VULNERABILITY OF MINORS.
IF YOU'RE UNDER.
SIXTEEN YOU OR A PARENT IF
YOU'RE UNDER THIRTEEN HOUSE TO
OPT IN BEFORE YOUR DATA CAN BE
SOLD TO A THIRD PARTY IN
CALIFORNIA.
G. P. R. ALSO OFFERS HEAVY
PROTECTIONS FOR YOUNG PEOPLE
INCLUDING A MECHANISM FOR
PARENTAL CONSENT FOR YOUNG
CHILDREN.
I'M IN THE GPR ANYONE UNDER
EIGHTEEN IS RECOGNIZED AS A
VULNERABLE POPULATION.
ANOTHER PLACE FOR C. CPI IN GDP
ARE THE SAME.
ISN'T PROBABLY DEFINING PERSONAL
INFORMATION I THINK WE'VE HEARD
BOTH THE CPA IS BROADER GPR IS
BROADER I THINK THEY'RE BOTH
THEY'RE BOTH PRETTY BROAD
DEFINITIONS OF PERSONAL
INFORMATION.
SO FOR DECADES CALIFORNIA CIVIL
CODE HAS DEFIED PERSONAL
INFORMATION AS ANY INFORMATION
THAT IDENTIFIES RELATES TO
DESCRIBES OR IS CAPABLE OF BEING
ASSOCIATED WITH US.
THE CCPA CONTINUES IN THIS
TRADITION AND IT PROVIDES
ANOTHER NUMBER OF EXAMPLES OF
THINGS THAT PERSONAL INFORMATION
CUT INCLUDED LIKE UNIQUE
IDENTIFIERS THIS IS AFTER ALL
HOW MANY COMPANIES.
IDENTIFY US AND PUT US INTO
VARIOUS ADVERTISING AND OTHER
MARK APR SIMILARLY TO FIND
PERSONAL DATA AS ANY INFORMATION
RELATING TO AN IDENTIFIED OR
IDENTIFIABLE NATURAL PERSON.
AND THAT IS A PERSON WHO CAN BE
IDENTIFIED DIRECTLY OR
INDIRECTLY GPR ALSO INCLUDES I
LANDED ON A FIRE.
GIVEN THAT COMPANIES CAN TELL IF
WE ARE PREGNANT NOT ONLY FROM
WHAT WE INPUT INTO OUR APPS.
BUT FROM THE HEART RATE THAT ARE
FIT BIT IS IS TRACKING ON US. TO
OUR PURCHASES AT TARGET OR THEY
CAN TELL WHETHER YOU'VE BEEN
LAID OFF BASED ON YOUR NERGY
USAGE PATTERN CHANGES ARE WHEN
YOU'RE WATCHING TV.
A BROAD DEFINITION OF PERSONAL
INFORMATION THAT SHOULD BE
PROTECTED MAKES THAT.
ALL OF THAT INFORMATION IS
DESERVING OF PROTECTION.
AND ONE POINT WITH RESPECT TO
PERSONAL INFORMATION AND
HOUSEHOLD.
WELL I THINK IT THE ATTORNEY
GENERAL HAS A VERY IMPORTANT
ROLE.
IN LOOKING AT HOW HOUSEHOLD IS
DEFINED AND HOW THAT WORKS IN
TERMS OF EXERCISING DIFFERENT
REQUESTS FOR EXAMPLE.
I HAVE LESS OF A CONCERN THAT MY
ROOMMATE IS GOING TO OUT ME OUT
OF OF YOU KNOW.
INFORMATION SELLING SOMEWHERE IN
THAT WOULD BE A TERRIBLE
DETRIMENT TO ME.
IT IS IMPORTANT THAT WE COVER
HOUSEHOLDS BECAUSE THAT IS HOW
COMPANIES PROFILE FAMILIES AND
KIDS.
THERE WAS A TIME WHEN COMPANIES
SAID THAT A TELEPHONE NUMBER WAS
NOT PERSONAL INFORMATION BECAUSE
IT WASN'T LINKED TO AN
INDIVIDUAL IT WAS LINKED TO THE
FAMILY HOME.
WE DON'T WANT THE SAME TO BE
TRUE FOR SMART TV'S AND FOR
THERMOSTATS SO WE NEED TO THINK
OF A WAY. TO INCLUDE HOUSEHOLD
AND TO INCLUDE IT SMARTLY
[inaudible]
SO.
WHILE THE CCPA DOES HAVE THIS
BROAD DEFINITION OF PERSONAL
INFORMATION.
IT DOES NOT EXTEND DATA SECURITY
REQUIREMENTS TO ALL OF THIS
INFORMATION.
AND TO THIS EXTENT IT DOES NOT
GO AS FAR AS THE G. D. P. R..
C. CPA'S DATA BREACH PROVISIONS
ONLY COVER AND NARROW SWATH OF
PERSONAL INFORMATION LARGELY
CABIN TO FINANCIAL MEDICAL
SOCIAL SECURITY TYPE INFORMATION.
SO INTO MY CONVERSATIONS BETWEEN
A PARENT AND A CHILD OVERSEE
MENTAL HEALTH CONCERN HOMEWORK
PULLING.
A VIDEO RECORDING FROM A BEDROOM.
IF THAT WAS BREACHED.
YOU DON'T HAVE A RIGHT UNDER THE
SEA CPA.
THE NARROWNESS OF THIS DATA
SECURITY BREACH PROVISION
REQUIREMENT IS INTERESTING.
BECAUSE THE BRIDGE PROVISIONS
HAS DRAWN A LOT OF ATTENTION.
PRESUMABLY BECAUSE THAT'S WHERE
THE PRIVATE RIGHT OF ACTION IS
ATTACHED.
AND MISTER RETIRED EXPLAINED HOW
OF THERE'S A NAG THERE'S THIS
PRIVATE RIGHT OF ACTION.
SO THIS BRINGS ME TO A FINAL WAY
THAT THE CCPA FALL SHORT IN
COMPARISON TO THE G. P. R. FOR
CONSUMERS AND THAT IS IN
ENFORCEMENT.
THE CZ PA DOES HAVE THIS PRIVATE
RIGHT OF ACTION.
BUT IT'S ONLY FOR NEGLIGENT DATA
SECURITY BREACH US.
THE GPR HAS A PRIVATE RIGHT OF
ACTION ACROSS THE BOARD.
IT ALLOWS FOR INDIVIDUALS TO
BRING CLAIMS INCLUDING FOR NON
MATERIAL DAMAGES LIKE HARM AND
DISTRESS.
IT ALLOWS ADVOCACY GROUPS TO
BRING ACTIONS ON BEHALF OF
CONSUMERS.
AND HAS SERIOUS FINANCIAL
PENALTIES INDEED THESE PENALTIES
ARE MUCH OF WHAT MAY COMPANIES
SET UP AND COMPLY.
BECAUSE A NUMBER OF GDP.
REQUIREMENTS EXISTED PREVIOUSLY
BUT THERE WAS NO REAL FINANCIAL
[inaudible]
FINANCIAL DETERRENCE. TO THE C.
CPI WITH ITS VERY LIMITED
PRIVATE RIGHT OF ACTION MAY NOT
SERVE THE SAME TO TURN.
FUNCTION AS THE G. D. P. R. AND
IF COMPANIES ARE DETERRED THAN
CONSUMERS WILL NOT ENJOY REAL
PROTECTIONS UNDER THE LAW.
CONSUMERS ARE NOT ALONE HERE AND
WANTING MORE PROTECTIONS THE
ATTORNEY GENERAL WHO'S TOSSED
WITH ENFORCING THIS LAW IN
ADDITION TO IMPLEMENTING
REGULATIONS.
HAS STATED IT CONCERNS ABOUT
RESOURCES AND HAS ASKED THAT A
PRIVATE RIGHT OF ACTION BE
EXPANDED.
WELL THE CCPA DOES REPRESENT A
NEW OFFER COMPANIES SO I WOULD
NOTE IT DOES NOT APPLY TO ALL
COMPANIES ON LIKE THE G. P. R.
EVEN ALL ENTITIES LIKE NON
PROFITS AND GOVERNMENTS THERE IS
A CARVE OUT FOR SMALL BUSINESSES.
IT CONTAINS MANY SIMILAR
PROVISION TO THE G. P. R..
AND AS I'VE DISCUSSED IT DOES
NOT HAVE ALL OF THEM INCLUDING
OF VARIOUS BUREAUCRATIC AND
RECORD KEEPING REQUIREMENTS.
WELL I WOULDN'T ASK TO HAVE ALL
THOSE BROUGHT TO THE U. S. I
WOULD SUPPORT PROFESSOR DILATORY
IS.
A INTEREST IN HAVING DEDICATED
AND TRAIN PRIVACY PROFESSIONALS --
TO ENSURE THAT CONSUMERS ARE
PROTECTED I DON'T THINK THAT'S
THE SORT OF THING THAT YOU WANT
TO WRITE IN OUR NEED TO WRITE
INTO US LAW.
AS YOU CAN --
THE CCPA COMPARED TO OTHER LAWS
AND ITS WORKABILITY FOR
COMPANIES.
AFTER YOU ALSO CONSIDER HOW IT
COMPARES FOR CONSUMERS AND WHAT
ITS WORKABILITY IS FOR
CALIFORNIANS [inaudible]
THANK YOU.
VERY MUCH OF VERY INTERESTING
PERSPECTIVES AND CERTAINLY --
WORTHY OF LOTS OF CONSIDERATION
I CHANGED.
I HAVE --
ONE QUESTIONED OF FOR MISLEAD
POSTED WE HEAR A LOT THAT --
BY USING.
A BY CREATING C. C. P. R. AS HE
SHOULD BE A RATHER --
WE ARE --
GOING TO DESTROY THE BUSINESS
MODEL OF COMPANIES THAT
COMPANIES ARE GOING TO GO OUT OF
BUSINESS I THINK A MR MCTAGGART
POINTED OUT THAT IN THE FIFTIES
THE AUTOMOBILE INDUSTRY.
FAST THAT WE WERE DESTROYING
THEIR THEIR BUSINESS MODEL BY
CALLING FOR SAFETY AND TOBACCO
AND HE LEFT OUT THE OIL INDUSTRY
THAT'S ANOTHER ONE AND IN TRYING.
TO CREATE RENEWABLES BUT I WOULD
BE REMISS ON BEHALF OF MY
COMMUNITIES --
NOT TO POINT TO THE OIL INDUSTRY --
BUT I'M WONDERING THE FACT THAT
COMPANIES.
HAVE ALREADY GOT A COMPLY WITH
G. D. P. R. --
THE FACT THAT WE NOW HAVE IN
CALIFORNIA THIS THIS REGULATION
A COMPANIES THAT ARE.
OF COMPLYING OR TRYING TO COMPLY
WITH GDP ARE ARE THEY ATA
DISADVANTAGE OR ARE THEY IN FACT --
THAT HAVE SORT OF A LEG UP.
IN THE EFFORTS TO COMPLY WAS
CCPA BECAUSE THEY ARE ALREADY
WORKING TOWARDS COMPLIANCE WITH
A DIFFERENT BUT PERHAPS IN MANY
WAYS MORE STRINGENT --
SET OF REQUIREMENTS.
SURE AND AND IT'S GOING TO
DEPEND IS THE AS I MENTIONED NOT
EVERY COMPANY --
FIRST WILL NOT EVERY COMPANY
SUBJECT TO SEE CPA WAS SUBJECT
TO DUTY PR FOR THE COMPANIES WHO
ARE AND THEY'RE STARTING FROM
SCRATCH.
OTHER COMPANIES WHO DID TAKE
STEPS TO THE EXTENT THAT THEY
YOU KNOW CONDUCTED THOSE
ENTERPRISE WIDE ASSESSMENT AND I
DO THINK THAT'S WHERE A LOT OF
THE LEG WORK TAKES PLACE IT'S
REALLY --
YOU KNOW WHEN YOU KIND OF GET
INTO THE WEEDS OF THE COMPANY
AND IN WHICH DATA IS COLLECTED I
MEAN IMAGINE A COMPANY THAT
INITIALLY STARTED SELLING YOU
KNOW WIDGETS AND THEN YOU KNOW
SELLING THINGS HEART LIKE.
THE MAIL BECAME OBSOLETE INTO
NOW THEY HAVE IT NOW THEY HAVE A
A DIGITAL PLATFORM MAYBE THEY'VE
ACQUIRED SOME COMPANIES.
THOSE KIND OF COMPANIES HAVE
LOTS OF DIFFERENT DATABASES THEY
HAVE DIFFERENT OWNERS AND
STAKEHOLDERS AND SO THE PROCESS
JUST TO KIND OF COLLECT AND
FIGURE OUT WHAT INFORMATION WE
HAVEHOW WE USING IT ACROSS THE
COMPANY.
IF THEY WEREN'T REQUIRED TO KIND
OF ENGAGE IN THAT ASSESSMENT
BEFORE IT JUST TAKES TIME TO
KIND OF GO THROUGH THAT PROCESS.
A SO FOR COMPANIES WHO DID THAT
PROCESS FOR THE G. P. R. I DO
THINK THAT THEY ARE.
OF YOU KNOW FAR ALONG THE WAY OF
THE PROCESS LIKE I SAID THERE
ARE OTHER QUESTIONS THAT THEY
NEED TO ANSWER HERE --
BUT HAVING GONE THROUGH SOME OF
THE GDP OUR PROCESS I THINK DOES
PUT YOU AT AN ADVANTAGE.
AND I DON'T KNOW THAT.
YOU KNOW COMPANIES WILL GO OUT
OF BUSINESS I THINK THAT A
DEPEND ON THE SIZE BUT I DO
THINK YOU HAVE KIND OF TWO
CONSIDERATIONS IS TO KEEP IN
MIND.
YOU KNOW REGULATIONS LIKE THIS
ALWAYS FAVOR OF LARGER COMPANIES
WHO HAVE MORE RESOURCES SUCH
JUST A FACT OF THE MATTER SO THE
BIGGER YOU ARE THE EASIER IT IS
FOR YOU.
TO COMPLY AND PIVOT OR TAKE THE
RISK IN SOME CASES OF LAWSUITS
BECAUSE THAT MIGHT BE BUILT INTO
YOUR BUSINESS MODEL.
AND I I DO THINK THAT WITH THIS
AND YOU KNOW THE SUPPLIES ACROSS
THE BOARD TO A NUMBER OF
INDUSTRIES.
BUT IT'S CLEAR THAT THE DESIRE
HERE IS IS TO ADDRESS THE
SITUATION OF DATA BEING SHARED
ONLINE.
AND I THINK IT IS THE
ADVERTISING I THINK THEY WERE
HIT WELL AND YOU SAW A LOT OF
THOSE COMPANIES PULLING OUT OF
THE ISSUE.
A LOT OF TARGETED ADVERTISING
AND ONLINE ADVERTISING HAS BEEN
REDUCED AND I DID YOU KNOW AND
AND THE IO REGULATORS HATE --
THE CONCEPT OF THE AD SUPPORTED
INTERNET AND SO YOU KNOW THEY'RE
NOT PARTICULARLY INTERESTED IN
AND AND THAT BUSINESS BUT HERE
WE'VE SUPPORTED IT AND I THINK
CONSUMERS DO GET A BENEFIT FROM.
VISITING SITES AND NOT HAVING TO
PAY FOR I MEAN I'M I UNDERSTAND
THAT THE BALANCE I THINK LIKE I
SAID.
COMPANIES UNDERSTAND THE NEED TO
BE A BALANCE OF PRIVACY BUT IT'S
IMPORTANT TO KEEP IN MIND THAT
SOME OF THOSE MODELS WILL SHIFT
BASED ON HOW THE LAW IS
CONSTRUCTED [inaudible]
END OF SOLD SOME OF THE MODELS
WILL SHIP --
ARE.
IS I UNDERSTAND IT MOST OF THE
COLLECTION OF DATA COMES FROM
THESE BIGGER ENTITIES --
THAT COULD WHERE PEOPLE TEND TO
DO MORE BUSINESS PLATFORMS LIKE.
FACEBOOK FOR EXAMPLE IN ONE OF
THINGS I DON'T KNOW WHAT.
NEITHER SENATOR DODD NOTION OR
STERN WE'RE HERE AT THE
BEGINNING AND PERHAPS YOU KNOW
THIS BUT ONE OF THE MOST
OUTRAGEOUS MISUSES OF
INFORMATION --
WAS DISCUSSED AND I JUST HAVE TO
REPEAT IT BECAUSE I CAN'T THINK
OF ANYTHING MORE OF A IN THE
VIOLATING OF ONE'S PRIVACY --
THAN THIS EXAMPLE IS FOR THE
FITBIT TO GET PREGNANT WE'LL
PROVIDE PUT INTO THE FITBIT
THERE'RE --
MENSTRUAL CYCLE.
AND THE FITBIT WILL TELL THEM
WHEN THEY ARE OVULATING.
THAT INFORMATION UNBEKNOWNST TO
THESE WOMEN IS BEING TRANSMITTED
AS WE SPEAK TO FACEBOOK.
THEY ARE ACTUALLY ACQUIRING THAT
INFORMATION WITHOUT THE
PERMISSION OR THE KNOWLEDGE OR
CONSENT OF THESE WOMEN WHO ARE
USING THE FITBIT.
TO PERHAPS A SYSTEM IN.
FINDING OUT YOU KNOW HAVING MORE
INFORMATION ABOUT WHEN THEY
POPULATED IN THE DESIRE TO HAVE
CHILDREN AND MY POINT WAS AND I
THINK THIS IS REALLY TRUE IF YOU
DON'T WANT YOUR MOTHER TO KNOW --
THAT YOU'RE TRYING TO HAVE
CHILDREN WHY IN THE WORLD WOULD
YOU WANT FACEBOOK OR SOME OTHER
STRANGER TO HAVE THAT
INFORMATION.
AND I THINK THAT FOR THE YOUNG
WOMEN HERE OR FOR THE MOTHERS
AND GRANDMOTHERS WHEN WE ALWAYS
WANT TO KNOW SO ALL.
IN ALL -- WE
WE THE CHILDREN WILL TELL YOU
WHEN THEY'RE READY TO TELL YOU
ANYA FACEBOOK IS GONNA KNOW THAT.
AND ISN'T THAT SOMETHING THAT IS
JUST BEYOND THE PALE --
IN SOMETHING THAT WE NEED TO
ADDRESS A CAMBRIDGE ANALYTICA AS
WELL AS ANOTHER SO --
I I I THINK THAT THAT IS
CRITICALLY IMPORTANT AS WE DID
YOU WANNA RESPONSE JUST RESPOND
TO THAT QUICKLY I I I DO WANT TO
NOTE THAT THE LAW DOESN'T
DISTINGUISH I THINK WE TALK
ABOUT THESE EXAMPLES.
NOW WE'RE TALKING ABOUT IS
TYPICALLY INVOLVES SENSITIVE
DATA HEALTH DATA FINANCIAL DATA
OR VULNERABLE CLASSES LIKE
CHILDREN FOR EXAMPLE --
FOR INVOLVES THE HARM CAUSED BY
THAT DATA AND THOSE ISSUES ARE
PARTICULARLY ADDRESS THERE'SNO
KIND OF DISTINCTION BETWEEN
PERSONAL INFORMATION THAT IS
SENSITIVE AND JUST KIND OF RUN
OF THE MILL PERSON INFORMATION
THAT MIGHT HAVE.
YOU KNOW LESS OF AN IMPACT ON AN
INDIVIDUAL --
SO I THINK IT MIGHT BE HELPFUL
TO CREATE A DISTINCTION THERE
MIGHT BE DIFFERENT LEVELS OF
PROTECTION THAT ARE REQUIRED
WHEN DATA IS EITHER SENSITIVE OR
IT STARTS OFF YOU KNOW AS AN
EMAIL ADDRESS AND THEN CENTS A
PIECE OF THE DATE ARE APPENDED
TO IT BECAUSE I THINK.
THAT THAT THAT YOU'RE CONCERNED
I DON'T THINK ANYONE WOULD
DISAGREE THAT YOU KNOW YOUR
HEALTH INFORMATION I'M A
CONSUMERS WHILE I DON'T WANT MY
HEALTH INFORMATION SHARED WITH A
THIRD PARTY WITHOUT MY KNOWLEDGE.
OF AND SO I THINK THAT IS THAT
THE VALID THAT'S A VALID
CONSIDERATION I WILL SAY ALSO
THAT.
YES BIG COMPANIES ARE THE
CONSUMER FACING CO OR AND MANY
CASES BIG COMPANIES ARE THE
CONSUMER FACING COMPANIES BUT
THE AD TECH ECOSYSTEM IS A
MASSIVE ECOSYSTEM THERE ARE
NUMBER OF THIRD PARTY PLAYERS
THAT ARE OPERATING --
AND I KNOW THAT'S PART OF THE
ISSUE AGAIN BRINGING LIGHT --
BUT IT'S NOT JUST SORT OF THESE
BIG COMPANIES I THINK THE LAWS
ADDRESSED TO THEM BUT HAS
IMPLICATIONS FOR A NUMBER OF
SMALLER COMPANIES AS WELL.
AGAIN FOR IT FOCUSES THOUGH ON
THE CONSUMER RIGHTS --
AND WOOD AS WE WERE TALKING WE
NEED TO BALANCE SOME BUT I THINK
THE CONSUMER RIGHTS AS A MATTER
OF PUBLIC POLICY.
ARE THE CONCERN SHOULD BE THE
CONCERN.
I SET THE SO I'M HOPING YOU.
TO JOKE --
ABOUT A ABOUT A YEAR.
YOU AND I LAUGHED A LOT ABOUT
THE DEAL MARKET FOR JEWISH
MOTHERS PAYING FOR THEIR SON IN
LAWS YOU FOR THEIR DAUGHTER IN
LAWS -- YOU
KNOW OF INFORMATION.
THAT THAT I'M SURE THERE'S A
MARKET THERE SO --
SO ALL THE MORE REASON TO
PREVENT IT FROM --
FROM -- FROM
FROM FROM BEING ALLOWED TO BE
SOLD I MEAN IT REALLY IS
EXTRAORDINARY AND AND AND I I I
GUESS I IT'S SHOCKING REALLY IN
A I KNOW WE ALL WANT.
YEAH WE'RE WE'RE PROUD OF THESE
TECH BUSINESSES THAT ARE GROWING
CALIFORNIA AND AND AND YOU KNOW
PROVIDING ALL SORTS OF ACCESS
INFORMATION BUT AT THE SAME TIME --
THERE'S JUST THERE'S A LINE THAT
THAT HAS BEEN CROSS OVER AND
OVER AGAIN BY SOME OF OUR FOLKS
HERE IN --
YOU KNOW I WAS ONE WAS
INTERESTED IN.
AND MR LETTER IF YOU HAVE ANY
COMMENTS ABOUT AND ABOUT.
I HAD THE A POLITICAL --
AT THE THE USE OF SOCIAL MEDIA
FOR FOR POLITICAL.
HI CAMPAIGNS IN AND YOU KNOW
SOME OF THE RECENT THINGS THAT
ARE HAPPENING LEASE HERE AND I'D
STATES WITH REGARDS TO FOREIGN
INTERVENTION ARE ELECTIONS ARE.
YOU KNOW --
BUT HOW DOES THIS INTERPLAY IN
EUROPE I KNOW THERE'S BEEN DATA
ATTEMPTS --
WITH WITH WITH SOME OF THE
DOMESTIC POLITICS OF EUROPEAN
COUNTRIES HOW IS THIS PLAYING
INTO.
THE CONVERSATION ABOUT GDP ARE
AND WHAT WHAT SHOULD WE BE
THINKING ABOUT.
IN TERMS OF IN TERMS OF FOREIGN
INTERVENTION OUR POLITICAL
SYSTEM.
AND IN THE USE OF THESE
PLATFORMS FOR THAT.
FROM MY MY PERSONAL COMING THIS
IS.
OBVIOUSLY A REALLY BIG SUBJECT --
SO KEEP YOUR PRE.
THESE NEWS THAT WE HAVE BEEN
RECEIVING IN BOTH IN EUROPE BUT
IN THE U. S. ABOUT THE USE OF
THE INFORMATION TO TARGET
POLITICAL ADVERTISEMENT IN
MANIPULATE PEOPLE'S.
OPINIONS.
ARE BAD AS I THE THE PROTECTION
LITTLE EDIE'S FUNDAMENTAL FOR
THE UT THE EUROPEAN PERSPECTIVE --
IN TERMS OF ENFORCEMENT THE YOU
QUE THEY AYE SEAL.
WAS REALLY.
INVOLVED IN THE WHOLE SITUATION
WITH CAMBRIDGE ANALYTICA IN THE
U. K. --
FROM THE BEGINNING I KNOW THAT
MANY OF THE RESOURCES HAVE BEEN
USED -- TO
INVESTIGATE THE SITUATION --
OBVIOUSLY.
FROM THAT THE THE PROTECTION
RESPECT BETWEEN YOUR OF THE
CONDUCT WAS.
AGAINST THE LAW IT'S NOT.
M. EVEN THE QUESTION RIGHT WE
WHEN I PROVIDING EUROPE MY
REMARKS I MENTIONED THE SAY THE
ELF ON THE DEPOSITION RIGHT INTO
A LITTLE UNETHICAL USES OF THE
THAT THAT WAS.
UNDER YOU BEING LOW ON AN
ETHICAL USE OF THE THAT AND
THEREFORE HE WAS --
I LEGAL.
SO WHAT SO SO WHAT WHAT WAS THE
LAW THAT WAS VIOLATED.
IN EUROPE AND AND I SAY SENIOR
SAYING THAT IT WASN'T
NECESSARILY CANCEL HEARING
ANSWER [inaudible]
WELL.
YOU KNOW THAT I THAT IS A BIG
SUBJECT RIGHT BUT I DON'T KNOW
OF ANY PRIVACY LAW THAT WAS
VIOLATED BY THE CONDUCT --
IN THE U. S. THEM THERE ARE MANY
LOS I'M NOT AWARE OF SO THERE
MIGHT BE OTHER LAWS HE WAS --
ONE OF THE LOS THAT WAS
IDENTIFYING EURO BEST A LAW THAT
HAD BEING VIOLATED AND I HAVE.
THE THURMOND.
CONSEQUENCES OF THAT.
ARE QUITE INTERESTING ONE OF THE
THINGS THAT WE DON'T.
GENERALLY REALIZE FROM THE U. K.
U. S. PERSPECTIVE IS THAT.
BECAUSE UPS THINK THESE
FUNDAMENTAL VIEW APPROACH ABOUT
THE THE PROTECTION.
THE FACT THAT CAN REGIONAL LEGAL
TO A BY BY THEIR LOSS REGARDLESS
OF WHETHER THEY HAVE THE THOUGH
IF YOU THE ANSWER NOT.
SO -- MAN
FROM THE PERSPECTIVE OF YOU KNOW
THEIR ACTIVITIES --
DEFINITELY THEY WERE AGAINST THE
LAW ALL OF THE U. K. AT THE TIME.
AND THE THE OUTCOME IS LIKELY
THAT THEY WILL YOU KNOW
DISAPPEAR
AS AN ORGANIZATION.
IF I CAN USE A JOKE THAT I HAVE
USED IN THE PAST TO KIND OF
HIGHLIGHTS FROM MY STUDENTS IS --
USUALLY A CONDO WITH OUR LEGAL
CLEARLY IN EUROPE I'M NOT SURE
THAT IT WAS CLEARLY A LEGAL IN
THE YES SAY OKAY LET ME OPEN THE
FILE HE SAYS HERE MARCH FIFTH
YOU WERE.
FOUND BY THE POLICE AND YOU WERE --
TAKEN TO THE PRESENT AND YOUR
LACK OF RESULTED --
US POSITIVE OF METHAMPHETAMINE I
SAID ALL YES YES I WAS USING
METHAMPHETAMINE.
UNDIGESTED BUT YOU'RE PLEADING
NOT GUILTY.
TO CONTROLLED SUBSTANCES THAT HE
SAID.
WELL.
METHAMPHETAMINE IS NOT UNDER
CONTROL.
THE POINT IS THAT ONE THING IS
TO PROHIBIT THE CONDUCT.
I WENT A DIFFERENT THING IS TO
AVOID THE COMBO PRICE SO WITH
THESE CLEAR TO ME IS THAT THE IN
EUROPE THE CONDO WAS PRETTY WITH
THAT.
IT WAS NOT A BOY THAT ARMS NOT
AVOIDED THE IT THAT I CAN BE
JULY THE HAD ALSO --
ANY FINANCING BREXIT.
AND SO THAT IT'S CLEAR THAT HE
ALSO TO PLEASE REGARDING
EUROPEAN ELECTION RIGHT
[inaudible]
YEAH.
OKAY HARD TO PUT YOUR ARMS
AROUD AND THIS IS I I GIVE
THEIR ATTENTION.
SENATOR STERN DID YOU HAVE A
QUESTION FOLLOWED BY VICE CHAIR.
QUESTION NOT A JOKE ALTHOUGH I
KNOW THIS IS.
ALL ABOUT JOKES --
WHAT IS SINCE MAY THE GPR ROEG'S
TOOK AFFECT WHAT'S THE HOW MUCH
IS THE PRIVATE RIGHT OF ACTION
BEEN UTILIZED AS AN ENFORCEMENT
MECHANISM SO THAT'S?
THAT'S AN OPEN QUESTION THERE
HAS BEEN A LOT OF HIGHLIGHTED
OVER THE SAY THE OTHER JEEP YOUR
OCCURRENCE OF PRIVATE RIGHT THE
FUNCTION EAST THROUGH --
BUT YOU HAVE TO REALIZE THAT AND
YOUR HOUSE NOT BEING HARMONIZING
THE SAME WITH THE U. S. CLASPING
HER WAY SO YOU IT DOESN'T HAVE A
FEDERAL COURT.
SO ALL OF THESE PRIVATE RIGHTS
WILL HAVE TO BE FOUGHT AND WON
OVER THE RIGHTS OF THE
INDEPENDENT COUNTRIES.
SO FOR EXAMPLE YOU WILL MY HALF
ACCORDING IS BEING DECIDED THAT.
A PERSON DOESN'T HAVE A SPENDING
EARLY TO EVALUATE WHAT THE
RESULT IS GOING TO BE OF THESE
PRIVATE RIGHT THE FACTION BUT
THESE DEFINITELY ENABLE BY GDP
ARE WE JUST DON'T KNOW HOW IT'S
GOING TO PLAY OUT.
YOU HAVE ANY SENSE QUANTITY WISE
THE OF HOW MANY FILINGS HAVE
BEEN.
MADE OVERALLS ANYONE SORT OF
TRACKING THAT BUT I AM NOT AWARE
OF ANYBODY THAT HAS BEEN
TRACKING THAT.
CASO BUT WHEN IT SAYS AT IN OUR
BACK REMEMBRANCES A PRIVATE
RIGHT OF ACTION IT IN AN
UNDERSEA CPA LIMITED TO DATA
BREACHES ONLY BUT THAT IT JUST
SAYS YES FOR GDP ARE YOU'RE
SAYING THIS THIS QUESTION IS
STANDING IN JURISDICTION.
THE END UP AS THE PRIVATE
COLLECTION I JUST DON'T KNOW HOW
EFFECTIVE THE PRIVATE RIGHT THE
FUNCTION IS GOING TO BE IN TERMS
OF ACTUALLY --
DRIVING OUTCOMES FOR THE
PLAINTIFFS BECAUSE IT'S GOING TO
THE PAIN OF THE PROCEDURAL RULES
OF THE IN DEFENDING COUNTRIES
THAT FORM THE EUROPEAN UNION.
SO IN OTHER WORDS THE
LIMITATIONS MAY NOT BE OBVIOUS
BUT THEY'LL BE DICTATED BASED ON
THE THE SORT OF WAY HOWEVER THE
CIVIL PROCEDURE WORKS IN
WHATEVER THAT PARTICULAR NATION
IS THAT'S RIGHT HOW THE
GOVERNANCE STRUCTURE WORKS
AREN'T SEXY HOT THE WHAT I
ANTICIPATE IS THAT BECAUSE WE WE
HAVE.
THE SAME CHALLENGE HERE WITH
PRIVATE RIGHT DIFFICULT TO PROVE
THAT MATCHES AND THAT HAS BEEN
AN EFFECTIVE BUT WE YEAR TO AB
[inaudible]
YES -- AND
EFFECTIVE --
RESTRAIN ON THE ABILITY OF
INDIVIDUALS TO ACTUALLY --
OF THE NEW POSITIVE OUTCOMES
WHEN THE APPROVED AS TO FOR A
PRIVACY VIOLATION I THINK THAT
WE MIGHT FIND THE SAME THING AT
THE EUROPEAN LEVEL BUT IT IS
REALLY DIFFICULT FOR ME TWENTY
SIMPLY BECAUSE I ONLY KNOW THE
LOSS OF HIS BEING QUITE HONESTLY.
AND THE IT COULD WORK IN VERY
DIFFERENT WAYS FROM THE
DIFFERENT JURISDICTIONS.
CAN I GET YOU BY MISTAKE THANK
YOU FOR AND THIS IS IN --
ABOUT PRIVATE RIGHT BUT I BUT WE
HAVE HEARD THAT HUNDREDS OF
COMPLAINTS HAVE BEEN FILED WITH
THE DATA PROTECTION AUTHORITIES
AND I THINK THAT'S A CHANNEL
THAT A LOT OF INDIVIDUALS ARE
GOING THERE IS A WHAT WE'VE
HEARD IS THAT.
WHAT THEY'RE DOING NOW IS GOING
THROUGH EVALUATING THOSE
COMPLAINTS AND WE EXPECT TO SEE
ENFORCEMENT TAKE PLACE OVER THE
COURSE OF THIS YEAR AS A KIND OF?
GO THROUGH ALL THE DIFFERENT
COMPLAINTS HAVE BEEN FILED SO MY
AT MY UNDERSTANDING IS THAT MANY
OF THE ISSUES ARE BEING DEALT
WITH THAT THE DPA LEVEL.
BUT THE G. P. R. DID GIVE WHAT
IS SIMILAR TO THE OTHER A CLASS
ACTION I DON'T THINK THERE
REALLY IS A CONCEPT OF CLASS
ACTION PREVIOUSLY IN THE EO BUT
IT DID GIVE THIS CONCEPT OF
BRINGING A COLLECTIVE ACTION
UNDER THE DTP ARE.
AND THERE BUT A COUPLE F
COLLECTIVE ACTION FILED --
BY CONSUMER ADVOCATE GROUPS ONE
LED BY MAX RAIMES WHO IS A GUY
WHO CHALLENGED --
THE US DOES YOU SAFE HARBOR AND
THEN JOE AND ARE THEY MUTUALLY
EXCLUSIVE LIKE CAN YOU BE PARTY
TO A SOME KIND OF COLLECTIVE
ACTION LIKE THAT AND FILE WITH
IT WITH THE DPA.
IS WELL OR THEY MUTUALLY
EXCLUSIVE LIKE TO HAVE THAT SORT
OF PARTS --
ADMINISTRATIVE A REGULATORY PATH
AND THEN PURSUE OR YOU THERE
THEY CAN HAPPEN IN HIGHER LOW.
OKAY.
THE HISTORICALLY MOST OF THE
COMPLAINTS FOR THE THE POSITION
BY LESIONS HAVE GONE THROUGH THE
DATA PROTECTION AUTHORITIES AND
EVEN --
MAX'S RAMMED HIS COMPLAIN THAT
LED TO THE FIFTY MILLION.
A FINE FOR GLOBAL HE FIRED WITH
IT THE THE POSITION AUTHORITY OF
FRIENDS SO IT'S MORE TYPICAL FOR
THE THE PROTECTION LOW TO BE
ENFORCED THROUGH.
THE REGULATORY AGENCY THROUGH
THE CONSUMER PROTECTION AGENCY
THAT THROUGH AN INDEPENDENT
PRIVATE RIGHT OF ACTION OKAY.
THAT IS AN OPTION AS WELL THEY
CAN GO THROUGH --
THE MORE ADMINISTRATIVE
REGULATORY PROCESS RATHER THAN
THE COURTS OKAY THANK YOU --
TO THE BORDERS.
I'M I'M JUST GOING TO ADD LITTLE
THING TO THAT SO THE UPN RIGHT
TO THE THE PROTECTION THAT THESE
IN THE CONSTITUTION EQUIVALENT
OF THE BILL OF RIGHTS.
ACTUALLY SAYS THAT YOU HAVE A
RIGHT TO HAVE AN INDEPENDENT
AUTHORITY THAT WILL LOOK AT YOUR
COMPLAINTS WILL RAISE AN ISSUE
THAT HAS TO DO WITH IT
OPERATIONS SO THAT IS GRANTED ON
EUROPEANS AND THERE'S ALWAYS
THAT THE RECORDS.
TO THANK AMENITIES.
OF BEING --
A FRESHMAN OF LEGISLATOR IF
YOU'LL MY COLLEAGUES WILL OBLIGE
ME ON SOME THESE BASIC IMPACT
THAT THAT --
THIS LEGISLATION IS GOING TO
HAVE ON BUSINESSES AND I ASKED
IF ANYONE COULD QUANTIFY OR
PROJECT OUT SOME.
SOME QUANTIFIABLE DATA ON HOW
MANY BUSINESSES WILL GO UNDER
FOR SOMETHING LIKE THIS AND OF
COURSE I'VE NOT YET SEEN
ANYTHING.
ABOUT THAT BUT IF WE WERE TO USE
AN EXAMPLE OF LET'S SAY A
RETAILER.
IN A RETAILER.
GATHERS DATA --
AND THAT RETAILERS THE PRIMARY
USER OF THAT DATA.
AND THEN THAT PRIMARY USER --
SELLS IT OR DISCLOSES THAT
INFORMATION TO SECONDARY USERS.
SO I GUESS MY QUESTION IS.
IF CERTAIN INDUSTRIES ARE
FEARFUL THAT THEY WILL --
HAVE A REDUCTION IN BUSINESS OR
MARKET SHARE --
IS THIS A MITIGATED BOWL
SITUATION WHEN.
THE PRIMARY USER CAN.
LOOK UPON THAT DATA IN MAKE
EITHER RETAINING PROFESSIONAL TO
DO SO OR THEMSELVES.
ARE LOOK UPON THE PURCHASING
PATTERNS OF THOSE INDIVIDUALS.
AND MAYBE EVEN THE CONSUMER
PROFILES.
ARE THEY COME ABOUT FROM THAT
GATHERED INFORMATION IN IT IN
AND DISAGGREGATED FORMAT.
THEY COULD THEN.
SELL OR DISCLOSE THAT.
OUR INFORMATION AS LONG AS IT'S
DISAGGREGATED IS THAT CORRECT.
MAYBE I DON'T KNOW IT AND MISS
JOHNSON MAYBE I THINK YOU --
IT'S A COMPANY COULD TAKE
AGGREGATED AND DE IDENTIFIED
INFORMATION AND AND SHARE SO THE
CCPA DOES HAVE --
EXEMPTIONS THAT ALLOW FOR
BUSINESSES TO DO EXACTLY THAT
THE THINGS THAT THE IDENTIFIED
AND THAT MEANS ARE STILL ABLE TO
UNDERSTAND THEIR MARKET.
BEHAVIOR YOU WOULDN'T BE ABLE TO
IDENTIFY THE INDIVIDUAL THE YOU
WOULD BE ABLE TO AYE DISSIDENT
IT WILL EXACTLY.
BUT WHAT I'M SAYING IS THAT IF
WE'RE HEARING THAT MARKET SHARE
WILL BE LOST.
BUSINESSES MAKE A WONDER.
I'M WONDERING TO WHAT EXTENT IS
THAT ACCURATE IF WE UNDERSTAND
THAT.
YOU CAN STILL UNDERSTAND
CUSTOMER BEHAVIOR IN IN
PURCHASING PROFILES.
PUT THAT BACK INTO THE SYSTEM.
EACH IS THE PURCHASING PROFILE
JUST NOT THE INDIVIDUAL WHO IS
KNOWN.
IF HE SAID IS IT FAIR TO I THINK
THAT'S FAIR IF YOU'RE IF YOU.
APPROPRIATELY DE IDENTIFIED OR
AGGREGATE OF THE DATA YOU CAN
STILL CLEAN A LOT OF INSIGHTS
FROM IT.
AS A BUSINESS AND YOU'RE STILL
ABLE TO DO THAT AT THE C. CPI.
THE ABSURD YEAH I THINK WE HAVE ---AND THAT MIGHT BE COVERED UNDER
THE CONCEPT OF SU DONNA MAIS
DATA MAYBE THAT'S WHAT YOU'RE
REFERRING TO SO THAT YOU CAN
HAVE DATA THAT IS EITHER.
HOSTER MASKS THAT YOU DON'T HAVE
YEAH I DON'T TO FIVE WILL PIECES
OF THE DATA BUT YOU HAVE ACCESS
TO THE REST OF THE PROFILE
INFORMATION PERSONALLY SANITIZED
RIGHT RIGHT EXACTLY AND I THINK
THAT IS GENERALLY COVER BUT IT'S
NOT SORT OF AS SPECIFICALLY
IDENTIFIED.
AS IT IS UNDER --
UNDER THE GPR SO THAT IS ONE
PLACE FOR THE COULD BE
CLARIFICATION OF DATA IS SHARED
AN ACE TO DONNA MAIS FORMAT --
THAT THAT MIGHT ALLOW MORE
LEEWAY --
FOR SOME OF THESE BUSINESS
TRANSACTIONS.
I JUST I THINK SYNONYMIZED IS IS
DIFFERENT THAN DE IDENTIFIED
AGGREGATE IT AND YOU CAN
SOMETIMES TELL THE INDIVIDUALS
AND I TELL THE IDENTITY OF AN
INDIVIDUAL.
MORE EASILY LISTED ON MY STATUS
AND THAT'S WHY [inaudible]
SYNONYMIZED [inaudible]
THE NAMES.
RESEARCHERS THAT THE REAL
PRIVACY FORUM.
WITH FOUR WERE A FEW YEARS AGO
THAT KIND OF EXPLAINS THIS IS
SPECTRUM OF THE THE PHONE FULLY
ON THEM.
PERSONAL DATA TOOL FOR THE
ANONYMIZED DATA AND THIS IS LIKE
IT IS A LIKE A DEGREE OF GRACE
RIGHT.
THE ONE THING THAT I WANTED TO
THIRTY FIVE FROM THE EUROPEAN
PERSPECTIVE IS THAT EUROPE
DOESN'T PROHIBIT THE SALE OF THE
THERE.
IS DESPERATE HE WAS THE SALE OF
THE THE FOR UNETHICAL PURPOSES
ONE GOOD EXAMPLE THAT I COULD
OFFER IS FOR EXAMPLE WHERE.
WE MIGHT WANT TO HIRE SERVICE
THAT LETS US KNOW THAT OUR
INFORMATION HAS BEEN COMPROMISED
ONLINE FOR THAT SERVICE TO BE
ABLE TO PROVIDE US THE
INFORMATION THEY TYPICALLY WILL
HAVE TO GO.
TO A COMPANY THAT SPECIALIZES IN
COLLECTING USE OF THE THAT AND
THEY WILL BE ALLOW AND THERE ARE
YOU FEELING ALSO IT'S NOT
THERE'S NO BLANKET PROHIBITION
AGAINST SLES.
UNDER THE EUROPEAN REGINA.
THANK YOU I THINK AT THIS POINT.
OBVIOUSLY THERE ARE THE DEVIL'S
ALWAYS IN THE DETAILS AND THERE
ARE A LOT OF DETAILS HERE MAYBE
IF YOU DOUBLES --
BUT CERTAINLY THANK YOU FOR SORT
OF SETTING THE STAGE FOR SETTING
THE TABLE ON SOME OF THESE
ISSUES SOME OF THE PRACTICAL --
PROBLEMS WE OBVIOUSLY ARE GOING
TO LOOK AT TIGHTENING --
THIS UP NOBODY WANTS TO INHIBIT.
INNOVATION ON THE OTHER HAND WE
DO HAVE PRIVACY RIGHTS THAT WE
WANT TO PROTECT AS WELL SO WITH
THAT I THANK YOU ALL FOR YOUR
TESTIMONY AND TO APPRECIATE THE
THE INSIDE TO PROVIDE WITH US
TODAY THANK YOU SO MUCH.
OUR NEXT PANEL --
WE ARE GOING --
TO LOOK AT A STAKEHOLDER
INSIGHTS.
ON THE STATE OF THE CCPA WILL
HAVE SERRA BOOT WHO IS THE
POLICY ADVOCATE WITH THE
CALIFORNIA CHAMBER OF COMMERCE.
AND MARINE MAHONEY WHO IS A
POLICY ANALYST WITH CONSUMER
REPORTS WE ARE NOT MOVING WITH
THE ALACRITY I'D HOPED SO IF WE
COULD KEEP YOU EACH TO TEN
MINUTES ON YOUR COMMENTS.
IT WOULD CERTAINLY APPRECIATE
THAT AND WE'LL START WITH MS PUT.
GOOD AFTERNOON MADAM CHAIR AND
MEMBERS I'M SERRA --
TESTIFYING ON BEHALF OF CAL
CHAMBER IF YOU WOULD SPEAK INTO
THE MICROPHONE SO THIS IS.
ALSO AVAILABLE TO FOLKS AT HOME
TO THANK YOU YES WE REPRESENT
CALIFORNIA BUSINESSES ACROSS
EVERY INDUSTRY INCLUDING OVER
FOURTEEN THOUSAND SMALL
BUSINESSES.
AS YOU KNOW CCPA PASTOR
LEGISLATIVE PROCESS IN JUST ONE
WEEK.
DUE TO THE IMPENDING DEADLINE TO
REMOVE THE INITIATIVE FROM THE
BALLOT.
THERE WAS NOT AN OPPORTUNITY FOR
DIVERSE STATE COURT HOLDER INPUT
AND THE RESULT IS A LOT THAT CAN
BE CONFUSING AND THAT PRESENTS
SOME SERIOUS PRIVACY CONCERNS AN
OPERATIONAL CHALLENGES.
LAST JUNE WHEN THE LAW WAS
PASSED TO THE FACT THAT IT NEEDS
FIXES WAS NOT CONTROVERSIAL THE
AUTHORS NOTED THERE WOULD NEED
TO BE SOME FIXES IN NUMEROUS
LEGISLATORS SIGNED ON TO A
LETTER STATING THAT WHILE THE
AGREED WITH THE BILL'S EXPANSION
OF PRIVACY RIGHTS.
THEY WERE CONCERNED WITH HOW
QUICKLY IT PASSED AND EXPECTED
TO BE ABLE TO WORK ON REASONABLE
FIXES GOING FORWARD.
UNFORTUNATELY SINCE THERE THAT
TIME THERE'S BEEN A NARRATIVE
THAT ANY CHANGES TO THIS LAW ARE.
REQUESTED BY BUSINESS WOULD BE
ROLLING ACK PRIVACY RIGHTS BUT
THAT'S NOT TRUE.
AND THE NARRATIVE THAT THIS LAW
ONLY APPLIES TO BIG TACK AND
DATA BROKERS ISN'T TRUE EITHER.
IT'S EASY PAY APPLIES TO A THIRD
VERY BROAD CATEGORY BUSINESSES
ANY BUSINESS CITY ANNUALLY
RECEIVES THE PERSONAL
INFORMATION OF FIFTY THOUSAND OR
MORE CONSUMERS HOUSEHOLDS OR
DEVICES.
IT TURNS OUT FIFTY THOUSAND
PIECES OF DATA IS NOT A LOT.
GIVEN THAT ONE CONSUMER CAN BE
COUNTED MULTIPLE TIMES AND GIVEN
THE C. C. P.'S BROAD DEFINITION
OF PERSONAL INFORMATION WHICH
INCLUDES IP ADDRESSES AND SO
MUCH MORE. FOR EXAMPLE THE CCP
APPLIES TO BUSINESSES WITH FIFTY
THOUSAND WEBSITE VISITORS PER
YEAR.
IF THE BUSINESS HAS AN AVERAGE
OF A HUNDRED AND THIRTY SEVEN
UNIQUE ONLINE VISITORS PER DAY
IT WILL HIT THAT THRESHOLD.
AND JUST THINK OF ALL THE SMALL
BUSINESSES THAT EASILY CAN TODAY
WHICH IS ABOUT TWELVE
TRANSACTIONS PER HOUR IN A
TWELVE HOUR DAY YOU GOT
CONVENIENCE STORES COFFEE SHOPS
RESTAURANTS THERE ARE VERY MANY.
THE POINT IS THAT THE CZ P. A.
COVERS.
DIVERSITY OF BUSINESSES AND
TREATS THEM ALL THE SAME IS A
HANDFUL OF LARGE TECH GIANTS IN
THE STATE.
SO PLEASE KEEP THAT DIVERSITY OF
BUSINESS AND MINE IS OUTLINED
ARE CONCERNED STAY IN PLEASE
KEEP AN OPEN MIND.
I'M GONNA START BY DISCUSSING
FIVE FIX IS NECESSARY TO PROTECT
CONSUMER DATA SECURITY PRIVACY
AND CHOICE.
FIRST THE CCPA REQUIRES
BUSINESSES TO PROVIDE CONSUMERS
SPECIFIC PIECES OF INFORMATION
THE BUSINESSES COLLECTED AFTER
RECEIVING A CONSUMER REQUEST.
BUT SPECIFIC PIECES OF
INFORMATION IS NOT DEFINED IT
COULD MEAN BUSINESSES MUST
TRANSMIT HIGHLY SENSITIVE
INFORMATION BACK TO CONSUMERS
LIKE CREDIT CARDS.
OR SPECIFIC INTERNET SEARCHES
INFORMATION CONSUMERS ALREADY
KNOW ABOUT THEMSELVES.
THIS WOULD CREATE A RISK OF
FRAUDSTERS POSING AS THE
CONSUMER TO GET ACCESS TO THIS
DATA. TO ALLEVIATE THIS RISK A
BUSINESS MAY NEED TO COLLECT
EVEN MORE INFORMATION FROM THE
REQUESTING CONSUMER. TO BE SURE
IT IS SENDING SENSITIVE
INFORMATION TO THE RIGHT PERSON
ESPECIALLY WHEN A BUSINESS HAS
NO DIRECT CONSUMER RELATIONSHIP
WITH THE CONSUMER.
THIS RUNS COUNTER TO PRIVACY
GOALS AND COULD GREATLY HARM
CONSUMERS WE'RE REQUESTING AS
THE CPA AMENDMENT TO LIMIT THESE
RISKS SECOND THE C. C. P.'S
REFERENCES TO HOUSEHOLDS AND
DEVICES AND THE DEFINITION OF
PERSONAL INFORMATION ALSO
PRESENT SERIOUS RISKS.
AS DRAFTED ONE MEMBER OF A
HOUSEHOLD WHETHER THERE AND USE
A SPOUSE OR ROOMMATE SEEMS TO BE
ABLE TO ACCESS ALL THE SPECIFIC
PIECES OF INFORMATION INCLUDING
CREDIT CARD INFORMATION --
YOU LOCATION DATA ABOUT ANOTHER
MEMBER OF THEIR TO SPECIFIC
PIECES OF INFORMATION FROM A
GROCERY STORE DELIVERY SERVICE
THEREBY EXPOSING ANOTHER
HOUSEHOLD MEMBERS PURCHASE OF
SENSITIVE ITEMS LIKE.
A PREGNANCY TEST.
SIMILARLY ONE USER OF A DEVICE
CAN REQUEST ALL THE SPECIFIC
PIECES OF INFORMATION THE
COMPANY HAS ABOUT THAT
PARTICULAR DEVICE WHICH COULD
REVEAL PRIVATE THINGS ABOUT
ANOTHER USER OF THAT DEVICE.
THE INCLUSION OF HOUSEHOLDS AND
DEVICES COULD ALSO INFRINGE ON
THE CHOICES OF OTHERS FOR
EXAMPLE IF ONE HOUSEHOLD MEMBER
MAKES A REQUEST TO DELETE ALL
DATA ASSOCIATED WITH HOUSEHOLD.
ANOTHER HOUSEHOLD MEMBER WOULD
BE SUBSEQUENTLY UNABLE TO ACCESS
THEIR INFORMATION.
THIRD.
THE DEFINITION OF PERSONAL
INFORMATION IS INCREDIBLY OVER
BROAD IF NOT ADJUSTED IT WILL
UNDERMINE EXISTING PRIVACY
PROTECTIVE PRACTICES.
AND IMPOSE SIGNIFICANT
OPERATIONAL COSTS ON BUSINESSES
MEANT MOST PEOPLE THINK OF
PERSONAL INFORMATION IS DATA
THAT COULD IDENTIFY SOMEONE LIKE
BIRTHDATES OR SOCIAL SECURITY
NUMBERS.
THE CZ PA DEFINES PERSONAL
INFORMATION FAR MORE BROADLY AS
INFORMATION THAT YES IDENTIFIES
BUT ALSO THAT RELATES TO
DESCRIBES IS CAPABLE OF BEING
ASSOCIATED WITH OR COULD
REASONABLY BE LINKED TO A
PARTICULAR CONSUMER HOUSEHOLD.
ODDLY THIS DEFINITION CREATES A
REASONABLE STANDARD FOR DATA
THAT CAN BE LINKED TO A PERSON --
HOUSEHOLD BUT IT DOESN'T MAKE
THE SAME ALLOWANCE OF
REASONABLENESS FOR DATA THAT IS
CAPABLE OF BEING ASSOCIATED WITH
THEM.
AS A PRACTICAL MATTER THIS MEANS
PERSONAL INFORMATION TO THE C.
CPA IS ANY INFORMATION THAT
COULD IN THEORY BE ASSOCIATED
WITH A PERSON OR HOUSEHOLD.
LET'S PUT THIS INTO CONTEXT IF I
HAVE AN ONLINE ACCOUNT WITH THE
STORE AND EXERCISE MY RIGHTS
UNDER THE SEA CPA.
THAT STORE SHOULD BE ABLE TO
PROVIDE ME WITH MY COUNTY TELLS
OUR TO DELETE THEM.
BUT THAT'S ONLY THE BEGINNING OF
WHAT BUSINESS IS REQUIRED TO
STORES WEBSITE OR PHILLIP
SHOPPING CARTS WITHOUT LOGGING
IN.
AND THAT STORE KEEPS I. P.
ADDRESSES TO TRACK HOW CONSUMERS
USE OUR WEBSITE BUT IT DOESN'T
LINK THAT DATA BACK. TO A PERSON
UNDER THE SEA CPA THE STORE
COULD BE REQUIRED TO SEARCH FOR
EVERY POSSIBLE I. P. ADDRESS
THAT THEY COULD IN THAT THEY
HAVE THAT COULD IN THEORY BE
LINKED BACK TO ME.
SIMILARLY IF I MADE A PURCHASE
INSIDE THEIR BRICK AND MORTAR
STORE THEY COULD BE REQUIRED TO
SEARCH SECURITY CAMERA FOOTAGE
TO FIND OUT WHERE I APPEAR ON IT.
THE ONLY WAY FOR BUSINESSES TO
COMPLY WOULD BE TO IDENTIFY
PEOPLE INTERACTING WITH THEIR
BUSINESS AND STORE THAT
INFORMATION TOGETHER IN ONE
PLACE WHICH WOULD BE HUGELY
WASTEFUL AND HARMFUL TO CONSUMER
PRIVACY.
WE DON'T BELIEVE THAT WAS THE
RESULT INTENDED THE LAW HAS AN
EXEMPTION STATING THAT A
BUSINESS IS NOT REQUIRED TO RE
LINK DATA.
THAT IS NOT MAINTAINED IN A
MANNER THAT WOULD BE CONSIDERED
PERSONAL INFORMATION BUT UNDER
THE DEFINITION OF PERSONAL
INFORMATION BASICALLY ALL DATA
IS PERSONAL INFORMATION SO --
AS DRAFTED THE EXEMPTION DOESN'T
PROVIDE RELIEF AND IT SHOULD BE
FIXED.
FINALLY ALTHOUGH THE DEFINITION
OF PERSONAL INFORMATION IS
PRETTY ALL ENCOMPASSING THERE
ARE THREE TYPES OF DATA THAT WE
BELIEVE ARE NOT MEANT TO BE
PERSONAL INFORMATION UNDER THE
LAW.
AGGREGATE DATA DE IDENTIFIED
DATA AND PUBLICLY AVAILABLE DATA.
BUT EVEN THESE EXEMPTIONS NEED
ADJUSTMENTS TO BE MEANINGFUL
UNDER THE DEFINITION OF DE
IDENTIFIED ONLY AGGREGATE DATA
COULD EVER QUALIFIES DE
IDENTIFIED WHICH WOULD
DISCOURAGE BUSINESSES FROM USING
THIS PRIVACY PROTECTED PRACTICE.
ADDITIONALLY THE DEFINITION OF
PUBLICLY AVAILABLE INFORMATION
IS LIMITED TO GOVERNMENT RECORDS
BUT THEN IT'S FURTHER RESTRICTED
TO SUCH RECORDS THAT ARE USED
FOR A PURPOSE THAT IS COMPATIBLE
WITH THE PURPOSE FOR WHICH THE
GOVERNMENT IS MAINTAINING THAT
DATA.
ASIDE FROM BEING CONFUSING
ENOUGH INVITING UNNECESSARY
LITIGATION.
THIS RESTRICTIONS ON
CONSTITUTIONAL LIMIT ON FREE
SPEECH AND IT SHOULD BE REMOVED
FROM THE LAW [inaudible]
FOURTH.
CONFUSING LANGUAGE IN THE
NONDISCRIMINATION SECTION RAISES
DOUBTS ABOUT THE LEGALITY OF
LOYALTY AND REWARDS PROGRAMS
OFFERED BY RETAILERS GROCERS
HOTELS AIRLINES AND OTHERS.
CONSUMERS LOVE THESE PROGRAMS IN
FACT 80% OF AMERICANS BELONG TO
AT LEAST.
ONE WHAT WE UNDERSTAND THE
LEGISLATIVE INTENT IS THAT
BUSINESSES CAN CONTINUE TO OFFER
THEM UNLESS THE SECTIONS
CLARIFIED IT'LL BE UP TO THE
COURTS TO DETERMINE THE FTE OF
THESE PROGRAMS AND THERE'S NO
NEED FOR THAT LEVEL OF
UNCERTAINTY.
FIFTH THE CCPA ALSO NEEDS TO BE
CLARIFIED TO PREVENT BAD ACTORS
FROM OPTING OUT OF DATA SERVICES
USED EMPLOYMENT CRUCIAL
GOVERNMENT PROGRAMS AS WELL AS
TO PREVENT IDENTITY THEFT AND
MONEY LAUNDERING.
I'M NOW GOING TO DISCUSS TO
AREAS OF THIS LAW THAT WILL LEAD
TO UNNECESSARY COMPLIANCE COSTS
FOR BUSINESSES AND UNINTENDED
CONSEQUENCES IF NOT FIXED.
FIRST THE DEFINITION OF CONSUMER
IS ANY CALIFORNIA RESIDENT AND
WITHOUT CLARIFICATION THAT COULD
BE INTERPRETED TO INCLUDE
EMPLOYEES.
THE OPERATIONAL COSTS FOR
BUSINESSES ESPECIALLY SMALL
BUSINESSES INCLUDING EMPLOYEES
AND JOB APPLICANTS WILL BE
EXORBITANT.
IMAGINE A FAMILY OWNED
RESTAURANT THAT SERVES A HUNDRED
FIFTY SING THIS DEFINITION IT
MAY HAVE TO OPERATE
OPERATIONALIZE.
THE CCPA FOR ITS KITCHEN AND
WAIT STAFF AND A BUSINESS WITH
HIGH TURNOVER AND LOW PROFIT
MARGINS.
ACCESS TO PERSONAL INFORMATION
IN THE EMPLOYMENT CONTEXT IS
ALREADY ESTABLISHING CALIFORNIA
LAW BUT THE CCPA WOULD ALLOW A
SEPARATED SPOUSE WHO'S PART OF
THE HOUSEHOLD TO GAIN ACCESS TO
PAYROLL RECORDS.
I CAN'T BE WITH THE LEGISLATURE
INTENDED.
THE DEFINITION OF CONSUMER IS
ALSO PROBLEMATIC BECAUSE IT
INCLUDES BUSINESS
REPRESENTATIVES IN THE CONTEXT
OF BUSINESS TO BUSINESS
INTERACTIONS.
SO FOR EXAMPLE A SMALL MEDICAL
PRACTICE THAT ALREADY COMPLIES
WITH HIP A FOR PATIENT DATA
WOULD BE REQUIRED TO HONOR OPT
OUT AND DELETION REQUESTS FROM
SUPPLIERS WITH WHOM THE EMAIL
FOR BUSINESS PURPOSES.
WE NEVER HAVE ACCESS TO PATIENT
DATA.
IF NOT FIXED THIS WILL LEAD TO
UNFORTUNATE UNINTENDED
CONSEQUENCES.
SECOND I TARGETED ONLINE
ADVERTISING IS ANOTHER AREA CCPA
WAS NOT INTENDED TO IMPACT.
HOWEVER THE CURRENT LANGUAGE
LACKS CLARITY.
ONLINE ADVERTISING IS A PRIVACY
PROTECTED PRACTICE IN WHICH NO
PERSONALLY IDENTIFIABLE
INTERNET ECOSYSTEM DEPENDS ON IT
FROM SMALL BLOGS TO LARGE
PUBLICATIONS INCLUDING OUR
FAVORITE NEWSPAPERS.
AND BUSINESSES OF ALL SIZES.
DEPEND ON US ADVERTISING NETWORK
TO REACH CONSUMERS IT'S AN
IMPORTANT AREA WE NEED TO
CLARIFY.
FINALLY I WILL ADDRESS
ENFORCEMENT.
THE CZ EIGHTY CZ PA CREATES AN
ONEROUS PRIVATE RIGHT OF ACTION
IS TO BUSINESSES THAT HAVE
SUFFERED A DATA BREACH NO PROOF
OF INJURY IS REQUIRED IN THE
MINIMUM STATUTORY DAMAGES
AWARDED COULD PUT FOLKS OUT OF
BUSINESS.
THERE SHOULD BE A SAFE HARBOR
FOR BUSINESSES THAT HAVE
IMPLEMENTED RECOGNIZED SECURITY
STANDARDS BUT THERE ISN'T.
AND DESPITE THIS AND DESPITE THE
OTHER FLAWS WITH THIS LAW THE
BUSINESS COMMUNITY ENCOURAGE
LEGISLATORS TO VOTE FOR IT WHICH
RESULTED IN THE UNANIMOUS VOTE
WE DID THIS BECAUSE WE HOPE WE
COULD FIX SOME OF THE PROBLEMS
I'VE MENTIONED.
AND BECAUSE THE P. R. A. WAS
LIMITED SINCE OF THE LAW.
LAS COMPLICATED IT CAN BE
CONFUSING IT'S NOT FINISHED AND
APPLIES TO BUSINESSES OF ALL
SIZES AND I'VE BEEN ON CALLS
WITH PRIVACY EXPERTS FROM AROUND
THE COUNTRY WHO DISAGREE ON WHAT
CERTAIN ASPECTS OF THIS LONG
MEAN.
WE SHOULD NOT EXTEND THE P. R.
EIGHT HAVE TRIAL ATTORNEYS AND
FORCE MORE OF THIS LAW WHICH HAS
BEEN PULLED FROM A REGULATORY
MODEL THE VIEWS AS WE'VE SEEN
WITH PAGO WOULD PALE IN
COMPARISON.
IN CLOSING LET'S NOT LOSE SIGHT
OF THE FACT THAT WE JUST PASSED
MOST ROBUST PRIVACY LAW IN THIS
COUNTRY.
COMPLIANCE WITH THIS LAW WILL BE
INCREDIBLY EXPENSIVE WE DON'T
YET KNOW THE IMPACT THIS WILL
HAVE ON OUR ECONOMY OR HOW IT
COULD RAISE PRICES ON CONSUMERS
AND THESE ARE CRUCIAL FACTORS
LEGISLATORS NEED TO CONSIDER.
BEFORE ADDING EVEN MORE ONEROUS
BURDENS ON TOP OF THE CPA.
THANK YOU SO MUCH FOR YOUR TIME.
MS MAHONEY IF YOU WOULD THANK
YOU.
THANK YOU TURN JACKSON AND
MEMBERS OF THE COMMITTEE FOR THE
OPPORTUNITY TO SPEAK WITH YOU
TODAY.
MY NAME IS MAUREEN MAHONEY AND
I'M A POLICY ANALYST FOCUSING ON
PRIVACY IN TECH ISSUES WORKING
OUT OF CONSUMER REPORTS SAN
FRANCISCO OFFICE.
CONSUMER REPORTS IS AN
INDEPENDENT NONPROFIT MEMBER
ORGANIZATION REPRESENTING SIX
MILLION CONSUMERS NATIONWIDE.
WORKING SIDE BY SIDE WITH
CONSUMERS TO CREATE A FAIR SAY
FOR MARKET PLACE.
IN THE AREAS OF PRIVACY IN TECH
FINANCIAL SERVICES --
FOOD PRODUCTS SAFETY AND AND I
TRUST AMONG OTHER ISSUES WE TEST
THOUSANDS OF PRODUCTS EVERY YEAR
INCLUDING EVALUATE MEAN
COMPANIES --
DATA PRIVACY AND SECURITY
PRACTICES AND WE HAVE A LONG
HISTORY OF ADVOCATING FOR
STRONGER PRIVACY LAWS.
NATIONALLY IN CITIES ACROSS
COUNTRY AND ESPECIALLY IN
CALIFORNIA.
CONSUMER REPORTS COMMANDS
CALIFORNIA LAWMAKERS FOR PASSING
THE CALIFORNIA CONSUMER PRIVACY
ACTS WE APPRECIATE THAT THIS LAW
ADVANCES CONSUMER PROTECTIONS IN
SEVERAL IMPORTANT WAYS.
INCREASING TRANSPARENCY --
PROVIDING THE RIGHT TO ACCESS TO
LEADS AND THE RIGHT TO OPT OUT
OF THE SALE OF THEIR INFORMATION
TO THIRD PARTIES.
AND SUCH A SOLUTION IS AN
IMPORTANT STEP IN THE RIGHT
DIRECTION.
HOWEVER THE DISCUSSION
SURROUNDING THE CCPA HAS BEEN
TOO FOCUSED ON WORK ABILITY FOR
BUSINESSES AND NOT ENOUGH ON
WORK ABILITY FOR CONSUMERS. FOR
EXAMPLE THE LEGISLATION PUTS A
LOT OF THE RESPONSIBILITY ON THE
CONSUMER TO IDENTIFY ALL OF THE
COMPANIES THAT ARE COLLECTING
INFORMATION AND SELLING
INFORMATION.
ABOUT THEM AND FIGURING OUT HOW
TO OPT YOU WILL BE TOO
BURDENSOME FOR MANY IF NOT MOST
CONSUMERS.
INSTEAD PRIVACY SHOULD BE.
IT SURE BY THE DEFAULT AT THE
VERY LEAST TO SEE CPA SHOULD
EXPLICITLY PROVIDE FOR GLOBAL
OPT OUTS --
FOR EXAMPLE PLATFORM LEVEL DO
NOT TRACK INSTRUCTIONS THAT
COMPANY SHOULD BE OBLIGATED TO
HONOR.
CONSUMERS ALSO NEED DATA
MINIMIZATION WHEN WE SAY DATA
MINIMIZATION AND WE MEAN THAT
LIMITING DATA COLLECTION TO THAT
WHICH IS NECESSARY TO OPERATE
THE SERVICE --
CONSUMERS ALSO NEED GREATER
CONTROL OVER DATA SHARING.
ACCESS TO SPECIFIC PIECES OF
INFORMATION SOLD AND THE THIRD
PARTIES TO WHOM THAT SPECIFIC
INFORMATION IS OLD.
THAT'S WHY WE JOINED OVER THIRTY
ADVOCACY GROUPS IN SUPPORTING
ASSEMBLY MEMBER WEEKS IS AB
SEVENTEEN SIXTEEN WOULD WHICH
WOULD ACHIEVE THESE GOALS.
NO REASONABLE PERSON WOULD WANT
THE MOST SENSITIVE PERSONAL
INFORMATION ABOUT THEM SOLD TO
STRANGERS WITHOUT THEIR
KNOWLEDGE AND COMPANY SHOULD BE.
REQUIRED TO HONOR THAT AS A
MATTER OF COURSE.
IN ADDITION STRONG.
IS ESSENTIAL TO ENSURE THE
COMPANY'S COMPLY.
AND WE RECOGNIZE APPRECIATES THE
CHAIRS EFFORTS TO STRENGTHEN
ENFORCEMENT UNDER THE CCA
THROUGH SB.
FIVE SIXTY ONE WE LEARNED WITH
THE EQUIFAX DATA BREACH FOR
EXAMPLE THAT DATA SECURITY
REQUIREMENTS ARE MEANINGLESS
WITHOUT STRONG ENFORCEMENT.
WHAT FINANCIAL INSTITUTIONS LIKE
I COLFAX ARE REQUIRED TO
MAINTAIN REASONABLE SECURITY
UNDER THE GRAMM LEACH BLILEY ACT
AND THE SAFEGUARDS RULE?
SHE'LL BE A PRIZE NO PENALTIES
FOR FAILURE TO COMPLY.
WHILE THE CITY PAYS PIRATE OF
ACTION IN THE EVENT OF A
NEGLIGENT DATA BREACH WILL GO A
LONG WAY TOWARDS INCENTIVIZING
COMPANIES TO MAINTAIN REASONABLE
SECURITY.
WE ENFORCEMENT WITH RESPECT TO
THE PRIVACY PROVISIONS OF THE CC
BE A NEED TO BE IMPROVED BEFORE
IT GOES INTO EFFECT.
IN TWENTY TWENTY FOR EXAMPLE BY
ADDING A PRIVATE RIGHT OF ACTION
TO THE PRIVACY PROVISIONS
REMOVING THAT THE THE
REQUIREMENT THAT THE EASY
PROVIDE INDIVIDUAL ADVICE TO
COMPANIES WITH RESPECT TO
COMPLIANCE.
AND REMOVING THE RIGHT SECURE
LANGUAGE WHICH WILL SUCK THE
RESOURCES OF THE A TEAM.
CONSUMERS WANT MORE NOT YOUR
PROTECTIONS FOR EXAMPLE 92% OF
CONSUMERS THINK THAT INTERNET
SERVICE PROVIDERS SHOULD PROVIDE
MORE CONTROL OVER THE SHARING OF
THE PERSONAL INFORMATION.
MORE THAN HALF OF CONSUMERS
DON'T TRUST SOCIAL MEDIA
COMPANIES --
WITH THEIR WITH THEIR
INFORMATION.
AND RECENT SCANDALS INVOLVING
THE ILLICIT SHARING OR SALE OF
PERSONAL INFORMATION WITHOUT
CONSENSUS BASED ON THE FACE FOR
CAMBRIDGE ANALYTICA INCIDENT.
REPORTS OF ON LOCATION TRACKING
IN SALE FOR EXAMPLE BY THE
WEATHER CHANNEL APP.
REVEALED BROAD UNEASE ABOUT DATA
SHARING.
CLEARLY CONSUMERS BY OTHER
DEVICES ARE CONNECTED PRODUCTS
AND OTHER APPS AND SERVICES BUT
THEY DON'T HAVE THE CONFIDENCE
THAT THEIR INFORMATION IS
PROTECTED.
STRONG ENFORCEABLE PRIVACY
PROTECTIONS ARE NEEDED NOW MORE
THAN EVER BUT THIS AREA PRIOR TO
THE IN AN ACT MANY CCPA HAS BEEN
LARGELY UNREGULATED.
TECH COMPANIES HAVE SOME TECH
COMPANIES A BALLOONED INTO
BILLION DOLLAR CORPORATIONS
BASED ON THE MONETIZATION OF
CONSUMER DATA WITH FEW
PROTECTIONS OF OUR GUARD RAILS.
THERE'S NO GENERAL ACROSS THE
BOARD FEDERAL PRIVACY --
PRINTING SIMMERS BASELINE
PROTECTIONS AND THE FEDERAL
AGENCY ENTRUSTED WITH OVERSEEING
THESE COMPANIES THE FEDERAL
TRADE COMMISSION IS UNDER
RESOURCE AND UNDERSTAFFED.
IS ALWAYS STATE ACTION SO
IMPORTANT AND SHOULD NOT BE
CHIPPED AWAY.
BASELINE PROTECTIONS ANALOGOUS
TO MEN ARE NEEDED SO CONSUMERS
CAN SAFELY USE APPS --
ANOTHER ONLINE SERVICES WITHOUT
HAVING TO COMPROMISE THEIR IN IN
IN ALIENABLE RIGHTS TO PRIVACY
UNDER THE CALIFORNIA
CONSTITUTION.
THERE ARE TECHNICAL FIXES ON
NEEDED TO THE CPA FOR EXAMPLE
THE SPONSORS THEMSELVES HAVE
POINTED TO DRAFTING AREAS THAT
NEED TO BE CORRECTED.
EXAMPLE THEY RECOMMEND IS
STRIKING A PROVISION IN ONE CAN
SEE THE GIVES THE IMPRESSION
THAT COMPANIES HAVE TO PROVIDE
SPECIFIC INFORMATION COLLECTED
ABOUT CONSUMERS IN THEIR PRIVACY
POLICIES.
WHICH IS SPONSORED ASIDE IS NOT
THEIR INTENT.
AND TO THE EXTENT THE INDUSTRY'S
CONCERNED THAT LEGITIMATE
LOYALTY PROGRAMS SUCH AS THOSE
THAT GIVE YOU ATTEND COFFEE FOR
FREE WOULD BE HINDERED BY THE
LEGISLATION. FOR THE COMPANIES
WILL BE REQUIRED TO COLLECT
ADDITIONAL INFORMATION --
IN ORDER TO TIE DATA TO AN
INDIVIDUAL CONSUMER AND RESPOND
TO ACCESS REQUESTS WE HAVE NO
OBJECTIONS TO THE LEGISLATURE
THE AGE SHE MAKING IT MORE
EXPLICIT THAT THIS IS NOT THE
INTENTION OF THE LAW.
BUT ANY DRAFTING ERRORS ARE
TECHNICAL ISSUES CAN AND SHOULD
BE ADDRESSED ONLY WEIGHS THE
MAINTAIN AND STREET THEN RATHER
THAN ROLL BACK PROTECTIONS FOR
CONSUMERS. FOR EXAMPLE THERE ARE
LEGITIMATE CONCERNS ACCESS
REQUESTS WITH RESPECT TO DEVICE
OR HOUSEHOLD LEVEL DATA COULD
COMPROMISE PRIVACY.
CONSUMERS WHEN I WENT THERE
REMAINS ACCESSING THE BROWSING
HISTORY FOR EXAMPLE.
BY THE ANSWERS NOT NARROWING THE
DEFINITION OF PERSONAL
INFORMATION.
BECAUSE THAT WOULD MEAN THE
CONSUMERS WOULD NO LONGER HAVE
THE ABILITY TO OPT OUT OF THE
SALE OF THAT INFORMATION.
TO THIRD PARTIES.
INSTEAD ACCESS RATES MIGHT BE
LIMITED TO MAKE SURE THAT THE
CONSUMER ONLY OBTAINS THEIR OWN
DATA OR SOMEONE ELSE'S DATA WITH
THEIR EX WAS AUTHORIZATION BUT
OPT OUTS RATES SHOULD REMAIN.
WILL HAVE NO OBJECTION TO CLEAR
FIND THE BUSINESSES TO NOT HAVE
TO GIVE OUT FINANCIAL ACCOUNT
INFORMATION AND BIRTHDAYS SSNS
OR OTHER INFORMATION.
THAT COULD BE USED TO OPEN A
FRAUDULENT ACCOUNT IN THE
CONSUMER'S NAME.
BUT MOSTLY US FROM INDUSTRY ARE
TROJAN HORSE EFFORTS TO WATER
DOWN OR WE CAN THE LAW. FOR
EXAMPLE WE STRONGLY OPPOSE
EFFORTS TO REMOVE ACCESS TO
SPECIFIC PIECES OF INFORMATION
COLLECTED ABOUT A CONSUMER.
IT'S IMPORTANT FOR CONSUMERS
KNOW THE EXACT.
OF THEIR BROWSING HISTORY THAT'S
BEEN COLLECTED THE SITES ARE
VISITING THE INFERENCES THAT ARE
DRAWN ABOUT THEM NOT JUST OF THE
COMPANY'S MONITORING --
THE WRESTLING HISTORY.
WE ALSO STRONGLY OPPOSE EFFORTS
TO REMOVE PROTECTIONS RELATED TO
FINANCIAL CENTERS PROGRAMS.
AND TO EXPAND CARVE OUTS FOR
TARGETED ADVERTISING --
WE OPPOSE THOSE THIS WOULD
ELIMINATE IMPORT PROTECTIONS
THAT DIRECTLY RELATE TO THE
GOALS LEGISLATION AND WE URGE
YOU TO REJECT THEM.
THANK YOU FOR THE OPPORTUNITY TO
SPEAK TODAY WE LOOK FOR TO
WORKING WITH LAWMAKERS AND I
GROUPS TO STRENGTHEN THESE
PROTECTIONS AND WELCOME ANY
QUESTIONS YOU HAVE.
THANK YOU WILL CERTAINLY TWO
DIFFERENT VIEWS OF THE SAME.
ISSUE AND I DID --
JUST WANT TO ASK --
MS MAHONEY ONE QUESTION --
THERE'S A CLAIM IT'S WHEN WE
HEAR A LOT FROM THE CHAMBER
ABOUT HOW SMALL BUSINESSES ARE
GOING TO BE IMPACTED.
WE HOW DO YOU RESPOND TO THAT
CLAIM WILL HARM SMALL BUSINESSES.
WELL THIS IS AN IMPORTANT ISSUE
FOR US BECAUSE CONSUMER REPORTS
VERY MUCH VALUES SMALL BUSINESS
IT'S REALLY IMPORTANT.
TO MAINTAIN A ROBUST ECOSYSTEM
OF SMALL BUSINESSES TO HAVE --
CONSUMER CHOICE.
IN THE MARKETPLACE --
AND THAT BEING SAID WE'RE
DEALING WITH ISSUES OF PRIVACY
SECURITY RELATED.
TO CONSUMERS IN ANIMAL RIGHTS
UNDER THE CONSTITUTION SO I
THINK THAT IT'S IMPORTANT THAT.
ALL COMPANIES ARE ENTRUSTED WITH
CONSUMERS PERSONAL INFORMATION
BE REQUIRED TO PROTECT IT.
AND KEEP IT SECURE AND I THINK
IT THIS WAY PARTICULAR WITH
RESPECT TO THE PRIVACY
PROVISIONS THE REAL CONCERN IS
THAT ENFORCEMENT --
JUST ISN'T ADEQUATE TO
INCENTIVIZE COMPANY SUPPLIED ALL.
THANK YOU SENATOR ALLEN.
EVEN ASK A COUPLE THINGS FIRST
OF ALL --
SERRA IT YOU MENTIONED --
THAT THAT BUSINESS OUT OF THE
GIVEN THE SAFE HARBOR --
WHICH I AGREE WITH THOUGH AND I
ACTUALLY TOOK A PHOTOGRAPH OF MR
ME TAGGART'SPRESENTATION
BECAUSE CENTER DOT HAD A BILL ON
THIS LAST YEAR.
AND IT'S SPECIFICALLY SAID THAT --
CONSUMER FORCING WAS ONLY FOR
NEGLIGENT DATA BREACHING HE
SPECIFICALLY SAID DURING HIS
PRESENTATION --
THAT -- DID
YOU KNOW WE OUGHT NOT HAVE A
SITUATION WHERE A BUSINESS DOES
EVERYTHING IS POSTED TO DO WITH
THIS.
YOU KNOW HACKED BY THE RUSSIANS
OR SOMETHING HUG SO HE I THINK
YOU SEE VERY SYMPATHETIC TO THAT
CONCERN.
AND BUILT IN --
SAFE HARBORS THREE KEY SAFE
HARBORS AND AND AND AND INTO THE
BILL AND ALSO.
IN -- MADE
SURE THAT --
THAT SAID THERE WAS CONSERVE YOU
KNOW THAT THAT DID THE DID IN
FORTUNATELY KICKED IN WITH
NEGLIGENT.
WAIT WITH IT WITH A FINDING OF
NEGLIGENCE SO I JUST WANTED.
TO CLARIFY WHAT AT WHAT I SENSE
WAS SOME DISCREPANCY BETWEEN
YOUR YOUR TESTIMONIES.
THE LINE NEED THE LOCKER AS IT'S
CURRENTLY DRAFTED NEEDS TO BE
ADJUSTED TO REFLECT --
THAT IT WOULD EXCLUDE
ENFORCEMENT IF YOUR DATA IS
ENCRYPTED OR IF IT'S REACTIVE.
THAT NEEDS TO BE ADJUSTED BUT
EVEN IF YOU ACCOUNT FOR THAT
THERE'S OBVIOUSLY STILL PLENTY
OF INSTANCES WHERE THERE COULD
BE AN EMPLOYEE AIR THAT LEADS.
TO A BREACH OF THESE THINGS.
IT COULD HAPPEN AND THE CONCERN
ABOUT THE LAW THE WAY IT IS
RIGHT NOW WITH RESPECT TO THE
PRIVATE RIGHT OF ACTION IS THE
FACT THAT.
LIABILITIES SO GREAT BECAUSE YOU
HAVE A MINIMUM OF A HUNDRED
DOLLARS MAXIMUM SEVEN HUNDRED
FIFTY DOLLARS PER PERSON PER
INCIDENT.
SO WHEN YOU HAVE A BREACH LIKE
YOU'RE LOOKING AT AND OUR
CONCERN IS THAT MOST COMPANIES
ARE GOING TO ROLL THE DICE
PEOPLE TO EXPLAIN TO A JURY YOU
KNOW.
WHY WHAT THEY DID WAS REASONABLE
IT'S COULD BE PERCEIVED AS A
MOVING TARGET?
AND SO OUR BIG CONCERN IS JUST
THAT IT'S GOING TO BE --
YOU KNOW TOO ONEROUS IT'S JUST
GOING TO LEAD TO A LOT MORE
SETTLEMENTS IS NOT TO DO
ANYTHING TO MAKE CONSUMER SAFER.
YEAH I DID ALL I I JUST WITH
WITH RESPECT I REMEMBER WHEN
SENATOR DODD'S BILL CAME UP IN
SOME YEAH BUSINESS FOLKS ARE
RAISING CONCERNS ABOUT IT AND I
I I SHARE THE THE CONCERN THAT.
THE STREET GLIDE BILLETS THERE
WASN'T FAIR.
AND AND TALKING.
TO FOLKS LIKE YOU AND OTHERS
REPRESENT THE CHAMBER THERE WAS
A KIND OF COMMON SENSE IS THAT
THERE OUGHT TO BE AT A
NEGLIGENCE STANDARD THAT WAS THE
FAIR WAY OF HANDLING WHAT SENATE
I WAS TRYING TO DO.
WELL IF IF I MAY CENTER --
WHEN WE TALK ABOUT IS THE
WOMEN'S GROUP WE TALK INTO THE
MICROPHONE SORRY COURSE
[inaudible]
THANK YOU.
WHEN WITH RESPECT TO THAT LINE
WITH A SOME MORE TALKING ABOUT A
SAFE HARBOR WHAT WERE WHAT WERE?
WOULD BE HOPING FOR IN THIS
SITUATION WOULD BE SOMETHING
AKIN TO THE OHIO LAW THAT
RECENTLY PASSED WHERE FOR
COMPANY CAN PROVE EARLIER ON IN
THE LITIGATION THAT THEY HAVE
CONFORMED.
TO YOU KNOW RECORD NATIONALLY
RECOGNIZED OUR STATE RECOGNIZED
SECURITY STANDARDS.
AND THEY STILL GOT HACKED ANYWAY
THAT THEY COULD BE OFF THE HOOK
FOR THAT ONEROUS --
YOU KNOW THOSE HONOR STATUTORY
DAMAGES.
EVEN IF VERY EVEN IF THE EVEN IF
THERE WASN'T A LEGEND SOME
NEGLIGENCE IS A WELL IT JUST
IT'S A WAY TO RESOLVE LITIGATION
EARLIER AND TO NOT HAVE TO GO
THROUGH ALL THE EXORBITANT COSTS
OF EDISCOVERY YOU KNOW FOR A
BIGGER COMPANY YOU'RE TALKING
LIKE IT HER THOUSAND DOLLARS.
FOR EDISCOVERY AND SO WHAT WE'RE
JUST WORRIED ABOUT IS THAT
COMPANIES ANY LEVERAGE INTO
IMMEDIATE SETTLEMENT WHETHER
THEY HAVE A GOOD ARGUMENT OR NOT.
CONSIDERING HOW ONEROUS THE
LIABILITY IS.
WE HEAR THIS ARGUMENT ALL THE
TIME FROM THE CHAMBER OF
COMMERCE IT DOESN'T LIKE PRIVATE
RIGHT OF ACTION BECAUSE IT
ALLOWS PEOPLE TO ENFORCE THE
RIGHTS THE THOUGHT THE THOUGHT
OF EIGHT HUNDRED THOUSAND
DOLLARS FOR DISCOVERY.
WITH A COMPANY LIKE APPLE OR
GOOGLE IS KIND OF LAUGHABLE THEY
PROBABLY SPENT EIGHT HUNDRED
THOUSAND DOLLARS ON THEIR OFFICE
CHRISTMAS PARTY IN MOUNTAIN VIEW
SO -- THAT --
I DON'T THINK THAT ARGUMENT
HOLDS MUCH WATER BUT BUT CENTER
ALLEN YEAH SO THAT I'M CERTAINLY
MISS IN GETTING THAT --
BACK BETTER CLARIFY YOU MAYBE
IT'S A QUESTION OF MAKING SURE
THAT.
YOU KNOW THAT THE LAW DOESN'T
ALLOW FOR WHAT ARE TRULY FISHING
EXPEDITIONS BUT THAT THAT THERE
IS AN OPPORTUNITY --
FOR FOR FOLKS WHO ACTED
NEGLIGENTLY TO BE HELD
ACCOUNTABLE BECAUSE I THINK THAT
YOU KNOW AT LEAST WITHIN THE
CONTEXT OF SENATOR DODD BILL WE
CAN ALL AGREE THAT WAS A GOOD
STANDARD.
ON THE OTHER QUESTION I WANT TO
ASK YOU.
I WAS A LITTLE CONFUSED MY
UNDERSTANDING IS THAT CONSUMER
IS DEFINED AS AN ACTUAL PERSON.
I AM SO THAT ELISE WITHIN THE
CONTEXT OF THIS IT WOULDN'T
APPLY TO BUSINESS TO BUSINESS
INTERACTIONS AND I I THINK YOU.
IMPLIED THAT A MAYBE I'M NOT
UNDERSTANDING ALL THE
APPLICATIONS FOR CONSUMER IS YES
A CALIFORNIA RESIDENT BUT IT
COULD BE A PERSON IT'S ACTING IN
THEIR CAPACITY AS SOMEBODY
REPRESENTING A BUSINESS.
AND SO YOU CAN HAVE A SITUATION
WHERE TWO COMPANIES AREN'T INTO
ENGAGING IN A TRANSACTION ONE
COMPANIES DOING DUE DILIGENCE ON
ANOTHER THEY'RE HAVING TO DEAL
WITH EACH OTHER.
AND ONE PERSON CAN SAY HEY.
GIVE ME ALL THE INFORMATION YOU
HAVE ON YOUR DELETE MY
INFORMATION IF THEY IF SOMETHING
GOES WRONG IN THE BUSINESS DEAL
IS IS JUST ONE EXAMPLE THEY
THINK THE OTHER EXAMPLE I GAVE
WAS.
JUST THAT YOU COULD HAVE YOU
KNOW A SUPPLIER THAT WANTS TO
MESS WITH SOMEBODY SAY HEY GIVE
ME ALL THIS INFORMATION IT'S
JUST A WHOLE IT'S THE POINT IS
IT'S IT'S SOMETHING THAT WAS
NEVER CONTEMPLATED BY THIS THIS
LAW WAS INTENDED TO COVER TRUE
CONSUMERS --
AND IT'S JUST THE CONSEQUENCE OF
HAVING CONSUMER BE DEFINED SO
BROADLY.
THE CAR IS IN IT DOES THE IS IS
THAT EVEN LOOKING THIS ISSUE AT
ALL OF OF THE DEFINITION
CONSUMER MARIE.
IS -- YEAH
YEAH AS THAT THEY'VE I MEAN DO
YOU THINK OF THIS IN THE CAN YOU
WORKED OUT WITH THE THE
ADVOCATES.
THIS PARTICULAR ASPECT --
MORE OPPOSED TO CHANGING THE
DEFINITION OF A CONSUMER BECAUSE
THAT WOULD MEAN THAT CONSUMERS
YOU KNOW ACTING IN IN THE
CAPACITIES EMPLOYEES MIGHT LOSE --
IMPORTANT CONSUMER.
PROTECTIONS --
BUT IF THERE ARE YOU KNOW
PROBLEMS OF WITH IMPLEMENTATION
THE COME UP THAT END UP ACTUALLY
HURTING I'M CONSUMER PRIVACY --
THEN PERHAPS A TAILOR FIX MAY BE
CONSIDERED YES COULD YOU
SPECIFICALLY YOU'RE TALKING
ABOUT -- AN
EMPLOYEE.
DESERVE REAL TRULY ACTING AS A
AS A AS AN AGENT OF THE BUSINESS
AS OPPOSED.
TO ACTIONS IMAGE I I I WOULD I
WOULD THINK TO THIS COULD BE
[inaudible]
RECONCILED.
I'M SORRY OH NO I'M SO SORRY IF
I MAY UM YEAH IT'S TWO SEPARATE
ISSUES WITH CONSUMER ONE IS THE
EMPLOYEE CONTACTS AND ONE IS
THAT USINESS TO BUSINESS ISSUE
THAT WE JUST DISCUSSED AND IN
THE CONTEXT OF EMPLOYEES.
WE WOULD WELCOME THE OPPORTUNITY
TO SIT DOWN AND TALK ABOUT YOU
KNOW LANGUAGE WE THINK IT WOULD
BE IMPORTANT TO MAINTAIN A
DISTINCTION BETWEEN THE CONSUMER.
WHO HAS A LIKE A?
CUSTOMER CONSUMER RELATIONSHIP
WITH A COMPANY AND AND THEN YOU
KNOW SEPARATE THAT OUT FROM IF
THEY HAVE AN EMPLOYMENT
RELATIONSHIP WITH THAT SAME
COMPANY.
YOU KNOW WHAT I MEAN AND PUTTING
GUARDRAILS AROUND IF IT THE DATA
FOR SOMETHING OTHER THAN
EMPLOYMENT RELATED PURPOSES.
OKAY THAT SHOULDN'T BE COVERED
WE REALLY TRY TO BE VERY
THOUGHTFUL ABOUT THE ASKS THAT
WE'RE MAKING HERE AND REALLY
LOOK FOR TO WORKING WITH FOLKS
ON LANGUAGE TO ACHIEVE THEM.
AS SENATOR ALLEN AND I COULD IF
I COULD DIRECT TO PAGE SEVEN OF
THE ANALYSIS THAT WAS DONE THE
BACKGROUND PAPER --
IT DOES SHE A REFERENCE THIS --
THE OBLIGATIONS IMPOSED ON
BUSINESSES DO NOT RESTRICT THE
BUSINESSES ABILITY TO DO AND
THERE ARE A NUMBER OF POINTS OUT
THERE SO --
THAT TO HOPEFULLY.
GET SOME CLARIFICATION TO WHAT
IS AND IS NOT INCLUDED SO THAT
WERE THERE SOME.
YOU KNOW SOME ISSUES HERE THAT
AND MISTER TAGGER TECHNOLOGIES
AND BUT IT WILL BE --
EXTRAORDINARILY DETRIMENTAL TO
MOVING THIS ISSUE FORWARD IF WE
TRY TO CRAWL UNDER EVERY ROCK.
I THINK MOST THIS IS COVERED IN
A WIN MISTER MCTAGGART TO SPOKE
AT HI I'M NOT SURE YOU WERE HERE
BUT HE GAVE SORT OF VIA THE
CLARIFICATIONS AND OF THE
ANALYSES OF HOW THIS ALL CAME
ABOUT SO.
THE FACT THAT IT OCCURRED WITH
ONE WEEK BEFORE THE END THE
SESSION I THINK HE CLARIFIED AS
WELL -- THAT
THIS WAS AN ONGOING EFFORT THAT
TOOK MANY YEARS SHE PROBABLY
SPENT THE LIKE SIGNIFICANT
AMOUNT OF MONEY ON ATTORNEYS
FEES AND AND OTHER THINGS SO
THAT THIS WASN'T TO FLY BY NIGHT
EFFORT SAID THIS --
CLEARLY WELL THOUGHT OUT IN IN
COMPROMISES WERE MADE IS WE SEE
HAPPENED WITH A LOT OF
LEGISLATION YEAH I MEAN THE
ARGUMENT THEY'RE MAKING THEM IS
THAT.
THERE WAS VERY LITTLE TIME THEY
MADE A DEAL --
AND DAY NOW ONCE OF FIXES --
AND I MEAN IT IT'S AN ENGINE
YEAH SO I NEEDED IN YOUR RIGHT
YOU DID.
ASK FOLK YOU SUPPORTED THE BILL --
WHEN IT CAME UP --
I AM INTERESTED IN IF EITHER OF
YOU HAVE KIND OF THOUGHTS ON THE
REFERENDUM NEGOTIATION PROCESS --
HAVING GONE THROUGH THIS LAST
YEAR YOU KNOW WHETHER WHAT THE
LEGISLATURE I TO ME HOW HOW WE
GOT IT WHAT LESSONS ARE TO BE
LEARNED FROM THIS EXPERIENCE.
WITH YOU KNOW BUT I THINK A LOT
OF FOLKS LOOK AT THIS AS AN
EXAMPLE OF OF THE SYSTEM
ACTUALLY THE SERVICE IN THE
STEINBERG SET UP IS ACTUALLY
WORKING DECENTLY WELL BUT IT
DOES SEEM AS THOUGH.
IT LEFT SOME PEOPLE WANTING
THOUGH BECAUSE EVERY BILL ALWAYS
DOES SO ON SENATOR COULD I
SUGGEST IT'S A GOOD QUESTION BUT
WE STILL HAVE THREE MORE PANELS
TO GO AND AND I KNOW WE LIKE TO
WAX PHILOSOPHICAL PERHAPS WE
COULD HAVE THE CONVERSATION
AFTERWARDS --
UNLESS OR ANY OTHER SPECIFIC I'D
LIKE TO THANK THE PANEL FOR
PARTICIPATING Q. AND APPRECIATE
THE THE ADVOCATES --
INSIGHTS INTO THIS AS WELL THANK
YOU.
OUR NEXT --
SPEAKER IS STACEY SURE SIR --
THE SUPERVISING DEPUTY ATTORNEY
GENERAL WITH THE CONSUMER LAW
DIVISION THE PRIVACY UNIT FOR
THE CALIFORNIA DEPARTMENT OF
JUSTICE WHO WILL TALK ABOUT THE
ROLE.
OF THE ATTORNEY GENERAL.
REGULATIONS AND ENFORCEMENT AND
I WOULD LIKE TO KNOW THAT I
GUESS THIS AFTERNOON WAS THE
SIXTH AND FINAL HEARING THAT TE
AGE SHE IS BEEN CONDUCTING
THROUGHOUT THE STATE. TO TRY TO
GET PUBLIC INPUT IN THE
PREPARATION OF THOSE REGULATIONS
WITH WHICH HE WAS TASKED OF
UNDER THIS LAW.
SENATOR I BELIEVE IT WAS THE
SEVENTH THE SEVENTH PARDON ME
EVENT SEVEN HEARINGS THROUGHOUT
THE STATE.
THANK YOU SO MUCH FOR BEING WITH
US THANK YOU GOOD AFTERNOON
MADAM CHAIR AND MEMBERS OF THE
COMMITTEE.
AS SENATOR JACKSON INTRODUCED ME
MY NAME IS STACY SASSER I AM
SUPERVISING DEPUTY ATTORNEY
GENERAL IN THE OFFICE OF
ATTORNEY GENERAL HAVE AIR TO
SYRIA.
THANK YOU FOR THE INVITATION TO
PARTICIPATE IN TODAY'S
INFORMATIONAL HEARING ON THE
CALIFORNIA CONSUMER PRIVACY ACT
THIS YOU SEE PA.
THE ATTORNEY GENERAL PLAYS AN
IMPORTANT ROLE IN PROMULGATING
REGULATIONS AND ENFORCING THIS
NEW CONSUMER PROTECTION LAW.
AND WE WELCOME THE OPPORTUNITY
TO STAY ENGAGED WITH THE
LEGISLATURE AS A CONSIDERS
MODIFICATIONS TO THE LAW.
I'M HERE TODAY TO DISCUSS TWO
COMPONENTS OF THE AGES WORK ON
THAT THE CPA.
MY TESTIMONY TODAY WILL LARGELY
TRACK THE TESTIMONY I GAVE
DURING THE FEBRUARY TWENTIETH
INFORMATIONAL HEARING BEFORE THE
ASSEMBLY COMMITTEE.
ON PRIVACY AND CONSUMER
PROTECTION NOT REMARKS AND LAID
OF QUESTIONS AND COMMENTS THAT
AROSE DURING THAT HEARING.
FIRST I WILL PROVIDE THE
COMMITTEE WITH AN UPDATE ON OUR
RULE MAKING ACTIVITIES.
SECOND I WANT TO DISCUSS THE
AGES POLICY CONCERNS REGARDING
THE CURRENT LANGUAGE OF THE CCPA
AS OUTLINED IN ATTORNEY
GENERAL'S.
AUGUST TWENTY SECOND TWO
THOUSAND EIGHTEEN LETTER TO
ASSEMBLY MEMBER CHAO AND TO
SENATOR HERTZBERG THE AUTHORS OF
AB.
THREE SEVENTY FIVE THESE
CONCERNS ARE THE BASIS OF SENATE
BILL FIVE SIXTY ONE THE CHAIRS
BILL INTRODUCED LAST WEEK THAT
RESPONSE TO THE OFFICES CONCERNS
ABOUT THE CCPA.
AS PART OF MY TESTIMONY TODAY I
ALSO RENEW THE ATTORNEY
GENERAL'S REQUEST FOR RESOURCES
AND FUNDING SO THAT WE CAN MAKE
OUR RULE MAKING DEADLINES AND
SUSTAINED VIGOROUS OVERSIGHT AND
EFFECTIVE ENFORCEMENT.
OF THE PRIVACY RIGHTS AFFORDED
BY THE CCPA.
AT THIS TIME I'D LIKE TO TAKE A
MOMENT ON BEHALF OF THE ATTORNEY
GENERAL TO THANK THE CHAIR
ASSEMBLY MEMBER CHAO AND SENATOR
HERTZBERG FOR MAKING A
COMMITMENT LAST YEAR. TO HELP
DOJ WITH ITS CCPA FUNDING NEEDS
WE THANK THEM THE MEMBER OF THIS
THE MEMBERS OF THIS COMMITTEE.
THE SPEAKER PRO TEM AND THE
LEGISLATURE FOR PROVIDING DOJ
WITH TWENTY EIGHTEEN TWENTY
NINETEEN FUNDING.
PURSUANT TO ELEVEN TWENTY ONE
WHO SENATOR DODD WHO IS IN THE
ROOM BEFORE.
OUR OFFICE MUST PROMULGATE C. C.
P. REGULATIONS BY JULY FIRST.
TWENTY TWENTY IT IS IMPORTANT TO
NOTE THAT THE ACTIONS TAKEN BY
THE LEGISLATURE ON CCPA THAT ARE
SIGNED INTO LAW BY THE GOVERNOR
DURING THIS SESSION.
MAY HAVE AN IMPACT ON OUR
ABILITY TO MEET THIS DEADLINE.
SINCE JANUARY EIGHTH TWENTY
NINETEEN WE HAVE BEEN HOLDING
PUBLIC FORUMS THROUGHOUT THE
STATE AS PART OF OUR PRELIMINARY
ACTIVITIES IN THE RULE MAKING
PROCESS.
WE HAVE HOPE HELD SIX FORMS TO
DATE SAN FRANCISCO SAN DIEGO
RIVERSIDE LOS ANGELES SACRAMENTO
IN FRESNO AND OUR LAST FORM IS
BEING HELD TODAY WHILE WE SPEAK
AT STANFORD UNIVERSITY.
EACH FORM FOLLOWS THE SAME
FORMAT WE PROVIDE A BRIEF
INTRODUCTION OF OUR OFFICES WORK
AN OVERVIEW OF THE RULE MAKING
PROCESS AS SET FORTH IN THE
CALIFORNIA ADMINISTRATIVE
PROCEDURES ACT OR THE EPA.
AND VARIOUS WAYS IN WHICH
STAKEHOLDERS AND CONSUMERS CAN
SUBMIT COMMENTS TO OUR OFFICE
FOR CONSIDERATION DURING THIS
PRE WILL MAKING STAGE.
PURSUANT TO THE EXPRESS LANGUAGE
IN CCPA FOUND IN CIVIL CODE
SECTION SEVENTEEN NINETY EIGHT
POINT.
ONE EIGHT FIVE THE GOALS OF
THESE FORMS HAVE BEEN TO SOLICIT
BROAD PUBLIC PARTICIPATION AND
ENCOURAGE THE PUBLIC TO COMMENT
ON WHAT THESE REGULATIONS SHOULD
ADDRESS.
WE ALSO SPECIFICALLY HIGHLIGHT A
LIST OF SEVEN TOPICS AT THAT
FOURTH IN THAT SECTION.
AND REQUEST PUBLIC COMMENT ON
THE SECIFIC AREAS BECAUSE THEY
REFLECT WHAT WE ARE PRIORITIZING
WITH REGARD TO THE JULY TWENTY
TWENTY DEADLINE.
AND SO THE WITH THE CPA WILL BE
WORKABLE FOR BUSINESSES AND
CONSUMERS ALIKE.
IN BRIEF THE SEVEN TOPICS ARE
WHETHER THE REGULATIONS SHOULD
ADDRESS NUMBER ONE THE
CATEGORIES OF PERSONAL
INFORMATION.
NUMBER TWO THE DEFINITION OF POP
UP AGAIN --
THREE ANY EXCEPTIONS THAT SHOULD
BE ESTABLISHED TO COMPLY WITH
STATE OR FEDERAL LAW.
NUMBER FOUR HOW CONSUMERS CAN
SUBMIT A REQUEST TO OPT OUT FOR
THE SALE PERSONAL INFORMATION
AND HOW THE BUSINESS SHOULD
COMPLY WITH THAT OPT OUT REQUEST.
NUMBER FIVE WHAT TYPE OF UNIFORM
OPT OUT LOGO OR BUTTO SHOULD BE
DEVELOPED TO INFORM CONSUMERS
ABOUT THE RIGHT TO OPT OUT.
NUMBER SIX THE NOTICES AND
INFORMATION THAT BUSINESSES MUST
PROVIDE INCLUDING THOSE RELATED
TO THE FINANCIAL INCENTIVE
OFFERINGS.
A NUMBER SEVEN HOW CONSUMER OR
THEIR AGENT CAN SUBMIT A REQUEST
FOR INFORMATION TO A BUSINESS
AND HOW THE BUSINESS VERY
REASONABLY VERIFIES THESE
REQUESTS.
WITH AN OPEN UP THE FORM SO THAT
ANYONE CAN SPEAK.
AGAIN BECAUSE BOTH THE CCPA AND
THE A. P. A. SET FORTH THE
DEPARTMENT'S ROLE IN THIS
PRELIMINARY STAGE IS TO LISTEN
AND SEEK BROAD PUBLIC
PARTICIPATION WE DO NOT PROVIDE
RESPONSES TO THOSE PUBLIC
COMMENTS AND WE DO NOT ASK OR
ANSWER ANY SUBSTANTIVE QUESTIONS
DURING THE FORM.
INDEED THIS IS WHY WE HAVE HELD
NUMEROUS FORMS AS WELL AS ADDED
THE ADDITIONAL FORM AT STANFORD.
TO GIVE THE PUBLIC AS MANY
OPPORTUNITIES TO PROVIDE
FEEDBACK DIRECTLY TO US ON WHAT
THE CCPA REGULATIONS SHOULD
ADDRESS.
THE ATTENDANCE AND PARTICIPATION
HAS BURIED AT THE FORMS FOR
EXAMPLE OUR FIRST FORM IN SAN
FRANCISCO HAD NEARLY TWO HUNDRED
ATTENDEES BUT ONLY FOURTEEN
SPEAKERS.
THE MORE RECENT FORMS IN LOS
ANGELES AND SACRAMENTO HAVE HAD
MUCH HIGHER SPEAKER
PARTICIPATION FEATURING COMMENTS
FROM THE AYE TECH INDUSTRY.
PRIVACY ADVOCATES CONSUMERS AND
SMALL BUSINESS AND WHILE THE
FORM WAS GOING ON I WAS
EXCHANGING SOME TEXT MESSAGES
WITH MY COLLEAGUES AND I HEAR
THAT THAT ONE WAS ALSO VERY WELL
ATTENDED.
AND IT LASTED FOR NEARLY THE
ENTIRE TIME WITH ACTIVE
PARTICIPATION AND FEEDBACK FROM
THE PUBLIC.
WE ENCOURAGE EVERY SPEAKER FORM
ATTENDEE AND THE GENERAL PUBLIC
INCLUDING YOUR CONSTITUENTS TO
SUBMIT WRITTEN COMMENTS DIRECTLY
TO US.
THE PUBLIC HAS AND IS CONTINUING
TO SUBMIT THESE COMMENTS TO US
VIA EMAIL OR MAIL AND MAY DO SO
UNTIL FRIDAY MARCH EIGHTH. FOR
CONSIDERATION DURING THIS
PRELIMINARY PROVER PRE RULE
STAGE WE ENCOURAGE BUSINESSES
AND INDIVIDUALS THROUGHOUT
CALIFORNIA TO NOT MISS THIS
OPPORTUNITY TO PARTICIPATE IN
THE STAGE.
AND SUBMIT THEIR COMMENTS BEFORE
THE DEADLINE.
IN ADDITION WE HAVE CREATED
NUMEROUS WAYS FOR THE PUBLIC TO
STINK AGE TO BY DEDICATING A
PORTION OF OUR WEBSITE TO THE
CCPA.
MAINTAINING AN EMAIL
SUBSCRIPTION LIST TO PUBLICIZE
UPCOMING EVENTS POSTING OUR RULE
MAKING MATERIALS AND ALL OF THAT
INFORMATION ON OUR WEBSITE.
WE'VE ALSO EMPHASIZED THAT WE
HER ONLY AT THE BEGINNING OF OUR
RULE MAKING PROCESS AND THAT THE
PUBLIC WILL CONTINUE TO HAVE
MORE OPPORTUNITIES TO
PARTICIPATE.
WE ANTICIPATE ENSURING THE
FORMAL RULE MAKING PERIOD IN THE
FALL OF TWENTY NINETEEN THE
FORMAL RULE MAKING PROCESS WILL
BEGIN WHEN WE PUBLISH OUR NOTICE
OF PROPOSED REGULATORY ACTION
WHICH WILL INCLUDE AN INITIAL
STATEMENT OF REASONS AND A DRAFT
TEXT OF THE REGULATIONS.
THE FORMAL RULE MAKING PROCESS
WILL INCLUDE ADDITIONAL PUBLIC
HEARINGS RECEIPT AND
CONSIDERATION OF PUBLIC COMMONS
RESPONSES TO THESE COMMENTS AND
ANY POTENTIAL CHANGES TO THE
TEXT OF THE REGULATIONS.
WE ONCE AGAIN ENCOURAGE YOUR
CONSTITUENTS TO PARTICIPATE
DURING THIS FORMAL STAGE ABRIL
MAKING.
AND ALTHOUGH THE TIMELINE IS
TIGHT.
WE WILL CONTINUE TO WORK
DILIGENTLY TO MEET THE STATUTORY
DEADLINE OF JUNE JULY FIRST.
TWENTY TWENTY THIS LEADS TO THE
SECOND COMPONENT OF MY TESTIMONY.
AS THE ATTORNEY GENERAL STATED
IN HIS AUGUST TWENTY SECOND
TWENTY EIGHTEEN LETTER PROVIDING
CALIFORNIANS WITH PRIVACY
PROTECTION IS CRITICALLY
IMPORTANT NOW MORE THAN EVER.
HOWEVER THE CCP P. A. AS IT
CURRENTLY APPLIES TO THE
ATTORNEY GENERAL'S OFFICE
PRESENTS ON WORKABLE OBLIGATIONS
AND SIRIUS OPERATIONAL
CHALLENGES.
AS AG BUT THERE FOR FURTHER
STRESSED FAILURE TO CURE THE
IDENTIFIED FLAWS WILL UNDERMINE
CALIFORNIA'S AUTHORITY TO LAUNCH
INSISTING VIGOROUS OVERSIGHT AND
EFFECTIVE ENFORCEMENT.
OF THE CCP'S CRITICAL PRIVACY
PROTECTIONS WE APPRECIATE THE
LEGISLATURE ADDRESSING SOME OF
THESE CONCERNS LAST YEAR.
BY A SENATE BILL ELEVEN TWENTY
ONE HOWEVER THREE STILL REMAIN
THIS IS WHY WE PARTNERED WITH
YOU SENATOR JACKSON TO SPONSOR
SENATE SENATE BILL.
FIVE SIXTY ONE NEEDED
LEGISLATION THAT WOULD ADDRESS
THESE FLAWS THAT I'M ABOUT TO
DISCUSS AND BOTH STRENGTHENING
CLARIFY THE CCPA SO THANK YOU
AGAIN.
FIRST THE CCPA ALLOWS ANY
BUSINESS AND THIRD PARTY TO SEEK
GUIDANCE DIRECTLY FROM THE
ATTORNEY GENERAL AND HOW TO
COMPLY WITH THE LAW.
ASKING THE ATTORNEY GENERAL'S
OFFICE TO PROVIDE LEGAL COUNSEL
AT TAXPAYERS EXPENSE DIRECTLY
CONFLICTS WITH OUR
CONSTITUTIONAL OBLIGATION TO
INVESTIGATE AND ENFORCE THE LAW.
AGAINST ENTITIES THAT VIOLATE
THOSE LAWS.
OUR OBLIGATION IS TO PROTECT THE
PRIVACY RIGHTS OF THE PEOPLE OF
THE STATE OF CALIFORNIA.
NOT THE BUSINESSES THAT VIOLATE
THESE LOS.
ANY USE OF PUBLIC FUNDS TO
PROVIDE UNLIMITED LEGAL ADVICE
TO PRIVATE PARTIES WOULD BE
UNFAIR AND UNCONSCIONABLE NOT TO
MENTION A WASTE OF VALUABLE
STATE RESOURCES.
ACCORDINGLY SB FIVE SIXTY ONE
THE LEADS THE PROVISION ALLOWING
GOT BUSINESSES TO SEEK LEGAL
OPINION FROM THE AG.
AND INSTEAD AUTHORIZES THE
ATTORNEY GENERAL TO PUBLISH
MATERIALS THAT MAY PROVIDE
BUSINESSES AND OTHERS WITH
GENERAL GUIDANCE ON HOW TO
COMPLY WITH THE C. CPA.
ATTORNEY GENERAL HAS ON PAST
OCCASIONS VOLUNTARILY DEVELOPED
AND PUBLISHED GENERAL GUIDANCE
ON VARIOUS LAWS INCLUDING AB FOR
FIFTY FROM.
TWENTY SEVENTEEN A BILL ON
IMMIGRATION WORK SITE ENFORCE.
THIS BILL SB FIVE SIXTY ONE
WOULD CODIFY OUR ABILITY TO
PROVIDE SOME GENERAL
INFORMATIONAL MATERIALS.
MOREOVER THE REGULATIONS THAT
THE ATTORNEY GENERAL INTENDS TO
ISSUE WILL ALSO PROVIDE GUIDANCE
FOR HOW TO COMPLY WITH THE CCPA.
SECOND THE CCPA PROVIDE THE
BUSINESS WITH THE RIGHT TO CURE
ANY ALLEGED VIOLATION BEFORE
BEING HELD ACCOUNTABLE BY OUR
OFFICE FOR BREAKING THE LAW.
THIS WOULD ESSENTIALLY BE A GET
OUT OF JAIL FREE CARD.
BUSINESSES WOULD BE PERMITTED TO
VIOLATE THE LAW EVEN KNOWINGLY
AND THE ATTORNEY GENERAL WOULD
HAVE NO ABILITY TO INITIATE AN
ENFORCEMENT ACTION WITHOUT
GIVING THE BUSINESS NOTICE AND
THE OPPORTUNITY TO CURE THE
VIOLATION.
THIS WOULD NOT ONLY
FUNDAMENTALLY ALTER HOW OUR
OFFICE INVESTIGATES AND
PROSECUTES CORPORATE MISCONDUCT
BUT WOULD DRAMATICALLY HINDER
OUR CONSTITUTIONAL DUTY TO
PROTECT THE RIGHTS OF THE PEOPLE
OF CALIFORNIA.
EVERY DAY WE ARE SEEING
COMPANIES BEING CARELESS WITH
CALIFORNIANS PERSONAL
INFORMATION.
ANDDATA AND WE HAVE SEEN
COMPANIES WHO KNOWINGLY AVOID
COMPLIANCE WITH THE LAW BROUGHT
TO JUSTICE.
THE CZ P. IS RIGHT TO CARE WOULD
ALLOW EVEN THE WORST OFFENDERS
TO RECEIVE A PASS RATHER THAN
ALLOWING THE ATTORNEY GENERAL TO
TO USE HIS PROSECUTORIAL
DISCRETION ENFORCING THE LAW.
GIVING BUSINESSES THIS
OPPORTUNITY TO HAVE A FIX THAT
TICKET DISADVANTAGES BOTH
CONSUMERS AND HONEST BUSINESSES
THAT ARE PLAYING BY THE RULES
FOR THESE REASONS SB FIVE SIXTY
ONE WOULD REPEAL THE RIGHT TO
CARE PROVISION WITH RESPECT TO
AGE ENFORCEMENT UNDER THE ACT.
THIRD THE CCP EIGHT LACKS A
PRIVATE RIGHT OF ACTION THAT
WOULD ALLOW CALIFORNIANS THE
ABILITY TO ENFORCE THE RIGHTS
CONFERRED BY THIS GROUND
BREAKING LAW.
INSTEAD THE ACT INCLUDES ONLY A
LIMITED RIGHT TO SUE IF A
CONSUMER BECOMES A VICTIM OF A
DATA BREACH.
PRIVATE RIGHT OF ACTION PROVIDE
A CRITICAL ON JUNK TO GOVERNMENT
ENFORCEMENT AND THE ENSURE THAT
CONSUMERS CAN ASSERT THEIR
RIGHTS AND SEEK APPROPRIATE
REMEDIES.
THEREFORE THE AG URGES YOU TO
ENACT SB FIVE SIXTY ONE WHICH
SEEKS TO EXPAND THE CCPA RIGHT
OF ACTION TO INCLUDE VIOLATIONS
OF KHI RIGHTS PROVIDED BY THE
ACT.
FINALLY WE WANT TO ONCE AGAIN
THANK THE CHAIR ASSEMBLY MEMBER
CHAO AND SENATOR HERTZBERG THE
SPEAKER THE PROTON AND THE
LEGISLATURE FOR PROVIDING DOJ
WITH THE TWENTY EIGHTEEN TWENTY
NINETEEN FUNDING.
WE ALSO WANT TO THANK GOVERNOR
NEW SOME FOR THANK FOR INCLUDING
IN HIS TWENTY NINETEEN TWENTY
TWENTY BUDGET PROPOSAL THE
AMOUNT DOJ REQUESTED FOR THE
ONGOING COSTS OF CCPA
IMPLEMENTATION AND ENFORCEMENT.
WE ONCE AGAIN APPRECIATE THE
LEGISLATURE'S SUPPORT FOR THE
AMOUNT OF PROVIDED IN THE
GOVERNOR'S BUDGET.
AT THIS POINT I LOOK FORWARD TO
ANSWERING ANY QUESTIONS ABOUT MY
TESTIMONY TODAY.
WELL I AM HAPPY TO DISCUSS OUR
RULE MAKING ACTIVITIES THUS FAR
OR THE ATTORNEY GENERAL'S POLICY
CONCERNS BECAUSE WE ARE STILL IN
THE MIDST OF DRAFTING THE
REGULATIONS I CANNOT OPINE ON
THE INTERPRETATION OF THE C. CPA
OR DIMENSIONAL ENFORCEMENT.
THANK YOU.
THANK YOU TOTALLY UNDERSTANDABLE
APPRECIATE THAT THERE BEEN SEVEN
OF THESE RATHER ROBUST HEARINGS
AND THAT A NUMBER OF THE ISSUES
WHICH WERE PRESENTED TODAY OF AS
HE SHOES OF CONCERN.
ARE WITHIN THE AG'S DIRECTIVE TO
PROVIDE GUIDANCE AND AND
REGULATIONS SO APPRECIATE THAT
EFFORT AND ARE THERE ANY
QUESTIONS FROM.
CENTER WHAT COST COULD YOU HAVE
ANY QUESTIONS.
NO.
I THINK --
OBVIOUSLY LOOKING FOR TO WORKING
WITH THE ATTORNEY GENERAL ON
THESE IMPORTANT ASPECTS.
OF ENFORCEMENT AND JUST WONDER --
I DO THINK YOU DID MENTION THE
AG -- HAS --
A PROVIDED TO A PRIVATE ENTITIES
LEGAL COUNSEL --
OR NO I TAKE THAT BACK A HAVE
GIVEN GENERAL OUR GUIDANCE BUT
THAT THERE HAVE BEEN NO
INSTANCES WHERE.
THE ATTORNEY GENERAL AS HAD TO
PROVIDE PRIVATE ENTITIES WITH
LEGAL COUNSEL IN THIS REALLY --
WOULD BE A FAIR RATHER
EXTRAORDINARY EXCEPTION TO THAT
RULE -- IN I
THINK IN THAT CASE AS YOU
MENTION WITH THE PUBLIC ENDING
UP PAYING FOR IT ARE YOU WONDER
WHY IN THE WORLD.
WE SHOULD BE PROVIDING LEGAL
COUNSEL TO COMPANIES THAT
CLEARLY HAVE BEEN.
MAKING EXTRAORDINARY AMOUNTS OF
MONEY AND PROBABLY HAVE A STABLE
OF THEIR OWN ATTORNEYS ON
HANDING COULD CERTAINLY GO OUT
AND HIRE PRIVATE COUNSEL WITHOUT
TAKING FURTHER ADVANTAGE OF THE
PEOPLE OF CALIFORNIA AND USING
PUBLIC FUNDS --
TO GET INFORMATION THAT THEY
PROBABLY KNOW CERTAINLY SHOULD
KNOW AND HAVE THEIR OWN
RESOURCES TO FIND OUT SO.
AGAIN --
APPRECIATE THE YOUR EFFORTS THAT
THE ATTORNEY GENERAL'S EFFORTS
AND LOOK FORWARD TO WORKING ON
THAT ASPECT OF THE SODA THIS
VERY IMPORTANT LEGISLATION.
WITH THAT THANK YOU SO MUCH OF I
KNOW YOU HAVE TO GET HOME TO
DAUGHTER.
AND TO WANT TO MAKE SURE THAT --
YOU'RE ABLE TO DO THAT --
FULLY THANK YOU AND THANK YOU
FOR YOUR CAR HAVING ME HERE AND
INVITING ME AGAIN TO TESTIFIED
TODAY.
THANK YOU FOR YOUR GOOD WORK.
OUT WITH THAT --
WE HAVE --
TWO MORE PANELS --
WE'RE GOING TO ASK THAT WE TRY
TO MOVE IT ALONG --
WE HAVE DOMINIQUE SHELTON LABS
LEIPZIG OF PRIVATE IS A PARTNER
IN PRIVACY AND SECURITY AND
CULTURE OF THE ED TECH PRIVACY
AND DATA MANAGEMENT FOR PERKINS
I THINK IT'S KHïI.
COOLEY LLP AN ARCH KERN SOLTANI
FORMER CHIEF TECHNOLOGIST FOR
THE FEDERAL TRADE COMMISSION
THEY'RE GONNA TALK ON
UNDERSTANDING HOW CONSUMER
INFORMATION.
IS BEING COLLECTED USED AND
VALUED AND I THINK FRANKLY THIS
IS A VERY IMPORTANT DISCUSSION
BECAUSE I THINK MOST PEOPLE
DON'T KNOW.
SO WITH THAT A MISS LEIPZIG.
THE FLOOR IS YOURS.
THANK YOU MADAM CHAIR FIRST OF
ALL FOR AT ALLOWING ME TO SPEAK
TODAY I AND ALSO THE MEMBERS.
I'M JUST MAKE IT CLEAR I'M
SPEAKING ON BEHALF OF MYSELF AND
NOT ANY PARTICULAR CLIENT OR THE
FIRM.
I'D LIKE TO TAKE A STEP BACK IN
MY A TESTIMONY AND SORT OF
LIVING OUTSIDE OF THE CPA AND
BUSINESS TO KIND OF GO TO I
THINK A HIGHER LEVEL
CONVERSATION THAT WE NEED TO
HAVE.
WHICH IS --
AND I'VE HEARD OTHERS MENTION
SOME OF THE WE'RE GOING TO BEGIN
TALKING ABOUT A DIFFERENT RIGHT.
THAT AND THAT WE AS A SOCIETY
WON T. INDIO ON ALL OF US AND
YOU KNOW AT THIS POINT IN TIME.
I FEEL LIKE WE ARE REALLY IN A
POSTED A WORLD.
AND WHEN I USE THE WORD POST
DATA I MEAN THAT JUST EVEN
SITTING HERE IN THIS ROOM TODAY --
WE'VE HEARD YOU KNOW TOPICS
ABOUT INTERNET CONNECTED DEVICES
AND MADAM CHAIR YOU RECEIVED A
TEXT FROM YOUR HUSBAND AND WHAT
I WANT TO SAY IS THAT.
THE FUNDAMENTALS OF BILLY
OPERATING IN SOCIETY TODAY ARE
SO DEPENDENT ON TECHNOLOGY AND
FOR JUST DAY TO DAY
FUNCTIONALITY.
AND BEYOND OF DAY TO DAY
FUNCTIONALITY I'M THINKING ABOUT.
THE WAYS IN WHICH I INNOVATION
IS HAPPENING IN WAYS THAT BUT
THAT AS A SOCIETY I THINK WE
WANT TO KEEP IN MIND.
AS WE HAVE THIS DISCUSSION AT
THAT'S BEEN KICKED OFF BY THE
SEA CPA.
I'VE BEEN PRACTICING SINCE
NINETEEN NINETY ONE AND MY VERY
FIRST A INTRODUCTION TO PRIVACY
WAS IN LAW SCHOOL IN NINETEEN
NINETY WHERE I TOOK A CLASS WITH
PROFESSOR ANITA ALLEN ON PRIVACY
AND AMERICAN LAW.
AND AT THAT TIME WE WERE FOCUSED
ON THE PUBLIC EXPOSURE OF THE
PRIVATE LIVES OF POLITICIANS AND
I WROTE MY PAPER ON
REPRESENTATIVES OF FRANK.
BUT LEAVING WE'VE EVOLVED SO
MUCH --
SINCE THAT TIME AND I THINK AND
THE AND YEARS I'VE DEDICATED TO
PRIVACY AND DATA SECURITY.
THE LEVEL OF INTEREST AND
EXCITEMENT --
THAT I SEE AROUND HOW NEW
TECHNOLOGIES I CAN BE USED AND
LEVERAGE AND SOCIETY.
SO I WANT TO TALK ABOUT SOME
THINGS THAT THAT I PERSONALLY
EXPERIENCEIN THE PAST YEAR TO
GIVE YOU SOME SENSE.
OF A WAS LUCKY ENOUGH TO
MODERATE A PANEL FOR THE
DIABETES TECHNOLOGY ASSOCIATION
IN VIRGINIA.
AND THERE I HEARD SOME VERY
EXCITING TEST YOU KNOW STORIES
FROM.
MEDICAL PROFESSIONALS ABOUT THE
WAY THAT THEY'RE USING
ARTIFICIAL INTELLIGENCE TO BE
ABLE TO COORDINATE MULTIPLE
PATTERNS AND BE ABLE TO IDENTIFY
YOU JUST BY USING RETINAL SCANS.
AND OTHER INFORMATION WHETHER A
CHILD AT THE AGE OF TWELVE CAN
BE HAVE THE PREDICTIVE JEAN TO
SHOW THAT THEY HAVE THEY WILL
HAVE A CUT UP VERY RARE FORM OF
DIABETES THAT WOULD RENDER THAT
CHILD.
BLIND AND BE ABLE TO TAKE
PREVENTATIVE STEPS AHEAD OF TIME
TO AVOID THAT.
THAT'S TRANSFORMATIVE YOU KNOW --
I'M THINKING ABOUT CLINTON DEAL
HIGH SCHOOL THAT I READ ABOUT
WHEN I WAS ON VACATION IN COSTA
RICA IN DECEMBER.
AND IT WHERE A PRINCIPAL GREG
ALLEN.
TAKE THE TIME TO LOOK AT THE
SITUATION WHERE HIS THE KIDS IN
THE SCHOOL WERE.
AS THINKING AND FAILING AND NOT
PASSING COURSES BECAUSE OF THE
DISRUPTION WE TALKED EARLIER
ABOUT THE AUTO INDUSTRY RIGHT SO.
IN TWO THOUSAND EIGHT WHEN THERE
WAS THAT DOWNTURN THERE WASA
MAJOR ECONOMIC IMPACT IN DETROIT
AND THEY THE LOW INCOME
COMMUNITY THAT.
WAS ON ITS WAY TO LOSE THEIR
HIGH SCHOOL SCHOOL WAS ABLETO
TRANSFORM THAT SITUATION.
THROUGH TECHNOLOGY WHERE --
AND I READ ABOUT THIS IN OF A
BOOK CALLED GREAT AT WORK THAT
WAS WRITTEN BY MORE ENHANCE IN
HERE IN THE BAY AREA.
BUT HE USE THIS IS AN EXAMPLE OF
HOW INNOVATION AND THINKING
OUTSIDE OF THE BOX FOR THIS
PRINCIPLE TOOK THE TIME. TO AND
THROUGH TECHNOLOGY TO RESEARCH
HOW THE STUDENTS CAN COULD
ACTUALLY TAKE LESSONS AND WATCH
VIDEO REMOTELY TO LEARN AND THEN
COME INTO THE CLASSROOM WHERE
YOU KNOW UNFORTUNATELY THEIR
PARENTS WERE DISTRACTED WITH THE
HIGH UNEMPLOYMENT RATES AND JUST
NOT IN A POSITION. TO MENTOR
THOSE KIDS WITH THEIR HOMEWORK
AND THAT IS NOT THAT IS WHY THEY
WERE NOT EXCELLING AND SO TO USE
THE CLASSROOM TIME INFLICT THAT
CAL CLASSROOM.
SO THAT THE KIDS CAN ACTUALLY
LEARN AND TO THE POINT NOW WHERE
THEY HAVE A 94% GRADUATION RATE
I MEAN.
THAT'S TRANSFORMATIVE THAT'S
WHAT TECHNOLOGY WAS ABLE TO
ACHIEVE.
I'M LOOKING AT YOU KNOW THE
CITIES THAT ARE AROUND THE
COUNTRY AND GLOW OF THEIR
INVOLVED IN SMART CITY
DISCUSSIONS.
AND HOUSTON IN TWENTY TWO OTHER
CITIES THAT ARE LOOKING AT
THINGS THAT INVOLVE NOT JUST ON
USING TECHNOLOGY.
FOR TRACKING AND FOR SAFETY
PURPOSES BUT ALSO TO USE
TECHNOLOGY.
TO BRING THINGS LIKE WIFI INTO
PUBLIC TRANSPORTATION BECAUSE
THERE ARE A VAST NUMBER OF THE
PEOPLE IN OUR SOCIETY WHO CANNOT.
WHO CANNOT ALONE AND DRIVE A CAR
AND THAT WE?
AND I'M THINKING OF WHERE'S THAT
HAS TAKEN A MAJOR HIT AS YOU
KNOW IN ON TERMS OF PEOPLE.
MAKING SALES AND ACTUALLY
SHOWING UP IN PHYSICAL STORES.
AND HOW THEY'RE USING INNOVATIVE
TECHNOLOGIES TO IF YOU CAN GO
INTO A PHYSICAL STORE OR
DOWNLOAD AN APP AND SEE HOW THAT
MAKE UP WITH LOOK ON YOUR FACE
SIR.
AT CLOSE THAT MIGHT SUGGEST THAT
YOU MIGHT BE INTERESTED IN A WAY
TO TO KEEP BUSINESS.
IN CALIFORNIA AND IN OTHER
LOCATIONS.
I'M THINKING ABOUT ALSO WITH THE
MARGINS BEING WHAT THEY ARE HOW
IMPORTANT MACHINE LEARNING
ARTIFICIAL INTELLIGENCE AND
THOSE THINGS ARE FUELED BY LOTS
OF DATA TO MAKE SURE THAT THE
MODELS AND PREDICTIVE MODELS
WORK.
THAT PREDICTIVE ALGORITHMS THAT
CAN BE USED TO YOU.
SEE WHEN YEARS WHEN YOU ARE OVER
ORDERING AND THE STOCK SUPPLY
DOESN'T NEED TO BE ORDERED TO
THAT LEVEL.
AND THEREBY BUT EVEN WITHOUT
INCREASE SALES BEING ABLE TO
KEEP BUSINESS LIKE RETAILERS IN
THE IN.
THE RUNNING AND IT HAPPENED IN
CREATING JOBS BECAUSE THEY'RE
ABLE TO YOU REDUCE THEIR MARGINS
AND WE HAD AN AND A VERY
INTERESTING.
DISCUSSION ABOUT THAT IN OUR
OFFICE WHEN --
A VENDOR PANORAMIC CAME IN AND
EXPLAINED WHAT THEY WERE DOING.
I'M THINKING ABOUT YOU KNOW.
THE MICO BUSINESSES THAT EXIST
NOT JUST YOU KNOW A BRIDE IN
ASIA AFRICA MIDDLE EAST BUT ALSO
RIGHT HERE IN CALIFORNIA.
THAT WOULD NOT HAVE BEEN
VISIBILITY AND GOODS AND WEARS
WOULD NOT BE VISIBLE A LOT OF
THEM WOMEN OWNED BUSINESSES
WOULD NOT BE SEEN BUT FOR THE
INTERNET BUT FOR MOBILE PAYMENTS
BUT FOR APPS.
AND NOT TO MENTION THE GIG
ECONOMY WHERE SO MANY ARTISTS
AND OTHERS ARE ABLE TO YOU OF
MOONLIGHT DOING OTHER JOBS AND
KEEP THEMSELVES AFLOAT.
AT THIS IS NOT JUST A CALIFORNIA
ISSUE -- I
AND IT'S NOT JUST AN E. YOU
ISSUE I SPENT THE BETTER PART IS
A SAID AS YOU KNOW THE PAST.
AT TWENTY SEVEN YEARS TO
THINKING ABOUT REALIZED AND THIS
IS TIMELY BECAUSE THAT UGANDA
JUST PAST THEIR DATA PROTECTION
LAW BECOMING.
THE OVER ONE HUNDRED AND THIRTY
COUNTRIES NOW THAT HAVE DATA
PROTECTION POLICIES.
EVERY DAY I REPRESENT BUSINESS
THAT IS TRYING TO GET THIS RIGHT
BUT IT'S VERY IMPORTANT THAT
WHEN WE HAVE THIS DISCUSSION.
THAT WE ALL LOOK AT THE PATH
FORWARD UP THROUGH CONSIDERING
DATA. FOR EVERYONE AS A PRE
TANGIBLE ASSET AND WHEN I SAY
PRE TANGIBLE AN ASSET I MEAN
THAT.
THE POWER OF DATA THE ABILITY OF
DATA AND THE VALUE OF DATA HAS
NOT REALLY BEEN FOUGHT THROUGH
ENTIRELY.
IMITATE WHAT I MEAN BY THAT.
CONSUMERS NEED TO THINK ABOUT
WHAT THE VALUE OF DATA MEANS TO
THEM.
IT'S VERY DIFFERENT DISCUSSION
BETWEEN US IN THIS ROOM OR EVEN
IN ALL UE RESPECT MR Và
TAGGART.
AND SAY THE CHEN Z. A GROUP AND
SOCIETY THAT ARE BETWEEN THE
AGES OF FOURTEEN AND TWENTY FOUR
THIS IS THE FIRST IS THE FIRST
GENERATION BORNINTO THE DIGITAL
AGE.
THEY WERE BORN WITH AS YOU KNOW
DIGITIZATION IN WAYS THAT NONE
OF US WERE.
THEIR CONCEPT OF PRIVACY AND
WITH THE CONSIDER TO BE
PROTECTED IS VERY DIFFERENT THAN
SAY YOU KNOW MANY OF US MIGHT
FEEL IN THIS ROOM.
THE VALUE PROPOSITION TO THOSE
CONSUMERS OF WHAT THEY DECIDE TO
PLACE ON TO THE INTERNET SHARE.
THIS IS SOMETHING THAT.
THAT WE NEED TO HAVE A
CONVERSATION ABOUT THE OBVIOUSLY
UNDERSTAND THE REPERCUSSIONS OF
WEATHER PERMITTING.
BUT UNDERSTANDING THE VALUE
PROPOSITIONS CAN SHIFT.
I'MREMINDED OF A SHIREY CAFE I
WENT TO BROWN UNIVERSITY AND I
READ ABOUT THIS IN THE STATE IS
ALL INFORMATION I'VE LEARNED IN
THE PAST YEAR GUYS --
YOU KNOW IT I READ ABOUT SHARPER
CAFE.
IN ASIAN BASED CORPORATION.
MOVES INTO A CAFE A SITUATION A
BROWN SAID ALMOST 75% OF THE
STUDENTS HAVE SIGNED UP.
WHEN THEY GO IN TO GET A COFFEE
YEARS AGO AND THEY DO NOT PAY
CASH THEY AGREED TO PAY WITH
THEIR DATA ON WHY BECAUSE THEY
THE CAFE IS SPONSORED BY?
CORPORATIONS THAT ARE USING THE
DATA TO BE ABLE TO DECIDE.
SELECT CERTAIN STUDENTS FOR HAD
MADE THE DECISION THEY WOULD-RATHER HAVE THE OPPORTUNITY TO
TAKE A FREE COFFEE SIT WITH
THEIR FRIENDS AND HAVE THE
OPPORTUNITY TO GET THEIR DREAM
JOB.
AND WHO ARE WE AS A SOCIETY TO
NOT ALLOW THOSE SORTS OF FRANK
TRANSACTIONS.
IF WE WANT --
TO TO ALLOW SORT OF YOU KNOW
INDEPENDENCE SO I THINK WHAT WE
NEED TO DO IS THE CONVERSATION
I'VE BEEN LISTENING VERY
CAREFULLY.
HAS OUR I THINK.
WHAT WE NEED TO THINK ABOUT IT
EVERYBODY'S ROLE IN THE
CONVERSATION SO THAT MEANS THAT
IT'S NOT JUST A BUSINESS
DISCUSSION IT'S NOT JUST A A
COMPLIANCE DISCUSSION THIS IS A?
WE CAN USE THE CATALYST OF THE
CALIFORNIA LAW AND YOU'RE RIGHT
THE GLOBE IS LOOKING AT
CALIFORNIA I AM GETTING CALLS
FROM JAPAN THE E. U..
AFRICA WANTING TO KNOW WHAT
WE'RE DOING BECAUSE THEY ARE ALL
DOING BUSINESS IN OUR ECONOMY.
AND SO WE NEED TO THINK VERY
CAREFULLY ABOUT THE DIFFERENT
STAKEHOLDERS AND HOPING PEOPLE
TO BEGIN TO THINK ABOUT THE
VALUE PROPOSITION.
I THINK IT BE A MISTAKE TO
ASSUME THAT CONSUMERS HAVE MADE
THIS VALUE PROPOSITION THAT
DISCUSSION AND IS ALSO A MISTAKE
TO ASSUME THAT EVERY BUSINESS IS
DONE AT TO THE CONTRARY --
IT WAS JUST READ AN ARTICLE AT
THAT ONE OF MY ASSOCIATES GAPING
A TASHA ON FEBRUARY AT NIGHT THE
HARVARD BUSINESS REVIEW DID
PUBLISHED A REPORT.
THAT WAS DONE A STUDY THAT WAS
DONE BY THE FORTUNE ONE THOUSAND
COMPANIES AND 53% OF THEM SAID
THAT THEY WEREN'T IN A POSITION
TO VALUE DATA NOT WITHSTANDING.
SPENDING YOU KNOW.
BILLIONS OF DOLLARS AN
ARTIFICIAL INTELLIGENCE AND
OTHER TECHNOLOGIES BIG DATA TO
TRY TO FIGURE OUT A DIGITAL.
A DIGITIZED ASIAN MODEL BECAUSE
THEY UNDERSTAND THAT IF WITHOUT
A DIGITAL TRANSFORMATION MODEL
THEY'RE GOING TO BE LEFT BEHIND%
LIKE SO MANY OTHER INDUSTRIES
THAT ARE.
GO BYE BYE SO IN ORDER TO STILL
KEEP JOBS AND AND INNOVATION
DIGITIZE ASIAN IS NECESSARY.
BUT HOW TO MAKE THAT HAPPEN AND
HOW TO IN THAT HAS NOT BEEN
DISCUSSED.
SO WHAT I WOULD ENCOURAGE IS
THAT WE USE THIS AND AGAIN I'M
NOT GONNA GO INTO SPECIFICS AT A
ABOUT ANY PARTICULAR FIXER OR
ANY PARTICULAR ISSUE WHEN A LOT
OF WHAT I WANNA SAY IS THERE ARE
FRINGE CASES.
AND THOSE WILL BE ADDRESSED AND
AND ALSO THAT SO MUCH HAS BEEN
DONE IN THE VACUUM OF
LEGISLATION AND OUT DATA
PROTECTION LAWS WHICH HAVE NOW
SORT OF BEEN SHEPHERDED AND AT
BECAUSE OF THE VISIBILITY I
THINK THAT STARTED WITH GPR BUT
WE'VE.
SEEN A FLOOD OF NEW.
ALLIES THAT ARE COMING IN ACROSS
THE GLOBE.
IT'S NOT AS IF BUSINESSES WERE
EMAIL FLAGRANTLY VIOLATING
SOMETHING THAT EXISTED WE'RE
CREATING AND WE HAVE THE
OPPORTUNITY. TO CREATE THE RULES
NOW TO MAKE THIS PUNITIVE YOU
KNOW I'M LOOKING SOMEBODY TALKED
ABOUT WHAT IS IT NEED NOT TO
DEFINE REASONABLE SECURITY.
IN OF THE REASONABLE SECURITY IS
IN OUR STATUTES CIVIL CODE
SECTION SEVENTEEN NINETY EIGHT
POINT EIGHTY ONE POINT FIVE
UNDEFINED.
EVERY CALIFORNIA ANY COMPANY
THAT MAINTAINS CALIFORNIA DATA
NEEDS TO HAVE REASONABLE
SECURITY WE'VE NEVER SAID WHAT
THAT MEANS.
SO WHEN I'M YOU KNOW JUST GOING
BACK TO THE CHAMBERS POINT.
OF FIGURING OUT LET.
WHAT ARE HAVE COMPANIES INVESTED
MILLIONS BILLIONS OF DOLLARS IN
IS TO MAP TO DATA SECURITY
STANDARDS LIKE NEST LIKE I SAID?
LAKE AND YOU KNOW ALL OF THE
ABOVE.
MANY OTHER WRITTEN INFORMATION
SECURITY PROGRAMS AND AS TO THE
STATE OF THE ART WHAT WE DON'T
WANT TO HAVE HAPPEN BECAUSE WE
ARE IN A HIGHLY LITIGIOUS
ENVIRONMENT.
IS THAT YOU KNOW BUSINESSES ARE
SUED OUT OF BUSINESS SOMEBODY
ASKED WITH THE HOWTO QUANTIFY
THIS AND WE HAVE TAKEN A LOOK AT
THE PUBLIC RECORD TO DATA
BREACHES IN 200-012-22000.
SIXTEEN ON THE STATE ATTORNEY
GENERAL'S WEBSITE IF THIS LAW
HAD BEEN IN PLACE THE EXPOSURE
COULD BE ANYWHERE BETWEEN THIRTY
SEVEN BILLION TO THIRTY THREE
HUNDRED AND SEVENTY FIVE BILLION.
ON AVERAGE ABOUT NINE BILLION OF
EXPOSURE PER PER YEAR PER
COMPANY IF A IF THE TRANSIT KEPT
UP FROM TWO THOUSAND TELL TWELVE
TO TWO THOUSAND SIXTEEN OF DATA
BREACHES AT OUR PUBLICLY
REPORTED.
WE NEED TO BE RESPONSIBLE AS WE
GO INTO THIS HIGHLY LITIGIOUS
STATE.
BECAUSE UNLIKE EUROPE THE DOES
NOT HAVE A TRADITION OF CLASS
ACTIONS WE DO AND SO I'VE HEARD
IN A DISCUSSION ABOUT THE
RESERVE THAT THE AG'S OFFICE
WILL -- WILL
MAKE AND DISCRETION TO NOT PUT
CALIFORNIA BUSINESSES OUT OF
BUSINESS.
BUT WE ALSO NEED TO BE SITTING
IN THE REALITY OF OUR HIGHLY
LITIGIOUS STATE AND UNDERSTAND
THAT NOT EVERY LITIGATOR NOT
EVERY.
CONSUMER ADVOCATE IS GOING TO
HAVE THE FULL BREADTH OF
EXPERIENCEAND AND ALSO CONTEXT
TO NOT YOU KNOW SOUP COMPANIES
YOU KNOW OUT OF SMITHEREENS AND
TAKE.
AND TAKE BUSINESS OUT OF
CALIFORNIA SO I JUST WANTED TO
ON FRAME IT THAT WAY AND WITH
THAT I WOULD JUST DEFERRED Q. AS
KIND.
BUT BEFORE WE GET THERE I JUST
WANT TO SAY A COUPLE COMMENTS
APPRECIATE APPRECIATE WHAT
YOU'RE SAYING --
BUT THE LACK OF REGULATION IS IT
CREATES A WILD WEST AND ONE OF
OUR JOBS AS POLICY MAKERS IS TO
TAKE THE VALUES IN THE
EXPECTATIONS.
OF THE PEOPLE WHAT ARE THE NEEDS
OF HUMAN BEINGS TO HAVE SOME
LEVEL OF PRIVACY.
AND TO CREATE THAT OLD
BUSINESSES AND WE DON'T EVEN
KNOW THE EXTENT TO WHICH
TECHNOLOGY --
WILL BE CHANGING OUR WORLD IT
WILL BE A VERY DIFFERENT WORLD
IN TEN YEARS AND IT IS NOW AND I
DON'T KNOW THAT WE EVEN.
HAVE ANY IDEA WHAT THAT'S GOING
TO BE BUT THERE ARE CERTAIN
BASIC HUMAN VALUES --
HUMAN NEEDS THAT WE HAVE TO
RECOGNIZE REGARDLESS OF WHERE
WE'RE GOING WITH TECHNOLOGY AND
SO THAT IS ONE OF OUR
RESPONSIBILITIES HERE AND THE
OTHER I THINK IS I COULDN'T
AGREE WITH YOU MORE THAT YOUNG
PEOPLE'S.
EXPECTATIONS OF PRIVACY VERY
DIFFERENT THAN SOME OF US OLD
FOLKS BUT WHAT THEY ARE WHAT
WHAT WHAT I THINK WE ALL AGREE
OR WEEK.
HOPEFULLY DO AGREE IS THAT
BEFORE WE RELINQUISH.
OUR RIGHTS TO PRIVACY WE KNOW
WHERE THAT INFORMATION'S GOING
TO THESE YOUNG PEOPLE ARE
WILLING TO EXCHANGE A CUP OF
COFFEE --
FOR YOUR INFORMATION SO THAT
THEY MIGHT BE ABLE TO GET THEIR
JOB OF THEIR DREAMS.
ALSO NEED TO KNOW OR SHOULD KNOW
WHETHER OR NOT THAT INFORMATION
IS BEING SOLD TO WHO KNOWS WHAT
FOR WHO KNOW WHAT.
YOU KNOW FOR WHAT PURPOSE THAT
THEY MIGHT NOT OTHERWISE.
BE WEAR OFF AND IT'S JUST A
QUESTION OF GIVING PEOPLE THE
RESPECT.
TO BE ABLE TO MAKE THOSE CHOICES
BY BEING GIVE A SERIES
INTERESTING DYNAMICS THAT WE
HAVE TO ADDRESS BUT AS
POLICYMAKERS HERE I THINK IT'S
CRITICALLY IMPORTANT THAT WE
IDENTIFY.
THE VALUES OF THE PEOPLE
CALIFORNIA NOW THE MIX NEXT
GENERATION MAY SAY LET'S THROW
OUT THE RIGHT TO PRIVACY BUT THE
IRONY IS THAT THIS.
RIGHT TO PRIVACY THAT'S WRITTEN
RIGHT INTO OUR CONSTITUTION CAME
FROM SOMEONE WHO WAS SO
PRESCIENT FORTY YEARS AGO.
WHO ANTICIPATED THE POTENTIALS
FOR ALL OF THESE FASCINATING AND
MANY VERY VERY HELPFUL AND
POSITIVE TECHNOLOGIES FOR SOME
OF THE NEGATIVE SIDE TO THAT SO
THAT WE WOULD BE ABLE TO HAVE
INPUT?
AND PRIORITIZE THE VALUES OF THE
PEOPLE IN THE STATE CONSIDERED
TO BE OF CRITICAL IMPORTANCE SO
THANK YOU FOR THOSE THOSE
COMMENTS AND MISTER US SOLTANI
IF YOU'D LIKE --
TO SHARE WITH US IF YOU COULD
I'M HOPING WE GET OUT HERE BY
FIVE SO.
LOVE YOUR THOUGHTS ON ON ALL OF
THE SYSTEM.
HOW TO MASTER AND THANK YOU FOR
HAVING ME I COULDN'T AGREE WITH
YOUR YOUR LAST STATEMENT MORE --
MY NAME'S ASK COUNSEL TINY
HERMAN INDEPENDENT RESEARCH AND
TECHNOLOGIST --
ONE OF THE FIRST TECHNOLOGIES
THE FTC I WORKED ON THE TWITTER
FACEBOOK GOOGLE CASES DIRECTLY I
WAS ALSO THE LATER THE CHIEF
TECHNOLOGIST AT THE FEDERAL
TRADE COMMISSION OF WORKED IN
THIS INDUSTRY FOR ABOUT. TWO
DECADES AS A SECURITY RESEARCHER
AND PRIVACY RESEARCHER ALSO A
FORTUNE FIVE HUNDRED GLOBAL AND
THOUSAND COMPANIES --
INSURE TODAY LIKE TO DISCUSS
KIND OF THREE MAIN POINTS ONE IS
THAT THE STATE OF I'M ON PRIVACY
TODAY INCLUDING THE DISCUSSION
OF TION OF CPA.
AND INCLUDING HOW THE CCK
ADDRESSES SOME OF THE CRITICAL
PARTS OF THIS ECOSYSTEM.
AND THREE BRIEFLY TOUCH ON WHY
OTHER APPROACHES ARE LIKELY TO
FALL SHORT GIVEN THE
COMPLEXITIES OF THIS ECOSYSTEM
BASED ON MY EXPERIENCE BOTH SIDE
IN DC AND AND ELSEWHERE --
ARMOR AND THE LAST PERSON I'M
GONNA TRY TO KIND OF JAM THROUGH
BUT FEEL FREE TO JUST LIKE IF I
GET TOO FAR INTO THE WEEDS JUST
CUT ME OFF. ONE PANEL AFTER YOU
SONORA PART OF US GIVE US YOUR
INFORMATION I DON'T RUSSIAN
THROUGH --
SO AS WE ALL KNOW BY NOW DID IS
COLLECTED IN AGATE ABOUT US OF
NEARLY ALL OF OUR ACTIVITIES.
HOWEVER I THINK IT'S IMPORTANT
TO DISCERN --
HOW INFORMATION IS COLLECTED AND
BY WHOM SO WHEN I VISITED BITS
OF BUSINESS OR WEBSITE HI
INTENSELY DISCLOSE SOME
INFORMATION TO THAT SITE OR
SERVICE IN ORDER TO RECEIVE THAT
CENTER SERVICES COULD BE WALKING
INTO A STORE AND GIVING THEM MY --
CREDIT CARD AND ADDRESS
INFORMATION OR GOING TO A
WEBSITE AND REQUESTING THAT THEY
SERVE ME THE PAGE ABOUT THE
STORY THAT I'M INTERESTED IN --
THE FUNDAMENTAL ISSUE I THINK IT
I WANNA DISCUSSES THAT --
DODD WEBSITE CURRENTLY CAN THEN
SHARE THAT INFORMATION WITH A
NUMBER OF THIRD PARTIES EITHER
TO PROVIDE ME ADDITIONAL SERVICE
OR FOR THIS FAIL A PERSON
COMMISSION TO DATA BROKERS WAR
FOR THE SALE OF THIRD PARTY
ADVERTISING.
AND CURLY THERE'S NO LAW A
RESTRICTION AROUND THE SALE AND
SHARING AND THAT'S FUNDAMENTALLY
WHAT I THINK IS A CRITICAL
SHORTCOMING TODAY --
MOST CRITICALLY AT THE THE DATA
IS INSURED FOR DATED A PURPOSE
OFTEN YOU CAN PROVIDE THE
SERVICE IN A FIRST PARTY BASIS
AND NOT SHARED WITH THIRD
PARTIES --
THERE ADDITIONALLY.
THIRD PARTY SHINING HAPPENS
WITHOUT CONSUMERS KNOWING AND
MOST PEOPLE THINK THAT IF
THERE'S A PRIVACY POLICY AT THE
BOTTOM OF THE PAGE THAT THEIR
INFORMATION IS PROTECTED THERE'S
SOME GREAT STUDIES FROM Q. AND
ANNENBERG AND BERKELEY INCLUDE
THAT. TO LOOK AT WHAT CONSUMERS
BELIEVE WHEN THEY SEE JUST THE
LINK PRIVACY POLICY --
MY ENTRY TO THE SPACE STARTED
NOR AN IMAC GRADUATE SCHOOL IN
AROUND.
TWO THOUSAND SEVEN IN WHICH
MIGHT CAPS ON PRODUCT PROJECT
CALLED NO PRIVACY LOOKED AT HOW
COMPANIES WERE COLLECTING AND
SURVEY THAT WE DID OF FOUR
HUNDRED THOUSAND WEBSITES BY
CRAWLING WEBSITES AND LOOKING
HOW THEY WERE SHARING DATA WE
FOUND FOR EXAMPLE THAT.
ON 88% OF THE WEBSITES WE
SURVEYED --
THAT GOOGLE OR SOME SORT OF
GOOGLE ELEMENT WAS COLLECTING
DATA ABOUT CONSUMERS ON THE 88%
OF THOSE FOUR HUNDRED THOUSAND
UPSETS.
ON THE TOP ONE HUNDRED WEBSITES.
EIGHTY EIGHTY OF THOSE SHARE
DATA WITH GOOGLE AND AT TWO
THOUSAND EIGHT FACEBOOK WASN'T
AS POPULAR BUT THOSE NUMBERS ARE
WORSE TODAY.
IN TWENTY ELEVEN I HELPED THE
WALL STREET JOURNAL A STUDY THE
INFORMATION MOBILE APPS WOULD
COLLECT FROM CONSUMERS AND IN A
STUDY OF A HUNDRED ONE POPULAR
SMARTPHONE APPS.
WE FOUND THAT MORE THAN HALF
TRANSMITTED THE PHONES UNIQUE
DEVICE IDENTIFIER THE HARDWARE
IDENTIFIER TO THIRD PART PARTIES.
AND NEARLY HALF A CENT FORTY
SEVEN SET USES LOCATION TO
EITHER THE DEVELOPER OR THIRD
PARTIES AND THIS WAS NOT
NECESSARY LOCATION BASED APPS
THIS COULD BE A FLASHLIGHT APP
THAT YOU OPEN.
THAT SAYS YOUR PRECISE GPS
LOCATION OF THIRD PARTIES --
IN THAT SAME SERIES THE BLAST
PROBABLY ONE OF THE MOST ON I
THINK I HAVE ARGUED CONCERN
ARTICLES WE WORKED ON WAS
LOOKING AT HOW SOME COMPANIES
WERE CHARGING CONSUMERS
DIFFERENT PRICES. FOR GOODS
BASED ON FOR EXAMPLE WHAT
WEBSITES THEY'D VISITED --
WHERE THEIR LOCATION WE FOUND
ONE RETAILER THAT FOR EXAMPLE
WAS CHARGING CONSUMERS MORE FOR
STAPLER --
OR FOR ANY OFFICE GETS ABOUT
10220% MORE WE TESTED WITH A
STAPLER --
BASED ON HOW FAR THEY WERE FROM
THE COMPETITOR SO THEY KNEW HOW
DIFFICULT IT WAS AN ABOUT
CONSUMERS' WILLINGNESS TO PAY
AND SO THEY WOULD CHARGE MORE
FOR CONSUMERS.
ONLINE --
TRANSPORTED TODAY AND SO SOME OF
THE STORIES WE TALKED.
I'M JUST GONNA QUICKLY JUMPED A
COUPLE OF THESE JUST OF THIS
MORNING ON THE WAY HERE I DID A
QUICK.
EXAMINATION OF THE SOCK BE
WEBSITE.
AND FOUND THAT.
READING A STORY ABOUT SB FIVE
SIXTY ONE THAT HAS A CASH --
YOU ALSO SET REFERENCE STAND --
MY DATA ABOUT MY VISIT WAS SENT
TO SOME THIRD SOME NINETY ONE
THIRD PARTIES A THIRD OF WHOM
WERE ADVERTISERS ARE ANALYSTS
COMPANIES A QUICK VIEW TO THE
SANTA BARBARA INDEPENDENT ALSO
FOUND THAT --
PROXY TWENTY ADVERTISERS
ANALYTICS COMPANIES RECEIVE MY
INFORMATION FROM JUST A VISIT --
AND IT'S NOT JUST THE ONLINE
DRUG.
JUST TO THAT ARTICLE SO AND IN
AND OUT OF TALK ABOUT THAT THEY
CAN TRACK ME ACROSS ARTICLES IN
ACROSS SITES BUT I'LL TRY TO GO
QUICKLY --
AND IT'S NOT JUST ONLINE
TRACKING RIGHT TO THE PRACTICE
OF SOME OF THEM KIND OF
INNOVATIONS AND I'M TRACKING
ALSO EXTEND TO THE PHYSICAL
WORLD.
IN A PRACTICE KNOWN AS MOBILE
RETAIL TRACKING COMPANIES
MONITOR THE EMANATIONS FROM OUR
SMARTPHONES OR DEVICES AFTER
WALK BY STORES IN STORES OR EVEN
DOWN AISLES TO KNOW WHAT ITEMS
WE LOOK AT HOW LONG WE DO WELL.
SOME COLLECTOR INFERRED EMIGRATE
GRAPHIC INFORMATION WHETHER WE
COME FROM AFFLUENT NEIGHBORHOODS
AND THEN COME TO YOUR STORE TO
REPORT TO THE STONER THE STORE
OWNER.
WHAT PORTION OF THOSE USERS ARE
AFFLUENT EITHER WE MADE A
PURCHASE AND THEN LINK THAT
PURCHASE TO THE ACTUAL SALES OF
OF -- THAT
OCCURRED AT THE POINT OF SALE
MACHINE --
THIS YEAR WE ALSO FOUND THE
MOBILE PROVIDERS WERE SELLING
CUSTOMERS REAL TIME LOCATION
INFORMATION TO LOCATION
AGGREGATORS WHO THEN FURTHER
SELL INFORMATION PRIVATE
INVESTIGATORS AND BOUNTY HUNTERS.
THE REPORTERS THAT DID THE STORY --
WERE ABLE TO PURCHASE THEIR OWN
RACE FORMATION AND TRACTOR WILL
TIME OCCASION FOR THREE HUNDRED
DOLLARS --
WE ALSO FOUND ABOUT ABOUT A VPN
PROVIDER CALLED A KNOB OF WHO
WAS LATER ACQUIRED BY FACEBOOK
THAT WAS --
MONITORING THE PRIVATE INTERNET
TRAFFIC OF ITS USERS SOME AS
YOUNG AS THIRTEEN YEARS OLD --
THIS THIS AND THIS ALSO LOOK
THIS IMPORTANT MATTER TO LOOK AT
ENCRYPTED TRAFFIC SO DECRYPT
ENCRYPTED TRAFFIC TO EVEN LOOK
AT KIND OF WHAT CONSUMERS WOULD
CONSIDER PRIVATE IN THAT CONTEXT.
SO ISN'T A DEEPLY INVASIVE --
TWEET ALERT LEARNED ABOUT THE
SENSITIVE ABSENT AND MANY HAVE
SAID --
REFERENCE TODAY ABOUT A MOBILE
APPS REPORTING WOMEN'S
MENSTRUATION CYCLES BUT I HEALTH
INFORMATION HEART RATE TO
FACEBOOK AND I THINK --
THIS ONE THING TO NOTE ABOUT
THIS PRACTICES IT'S A DIRECT
RESULT OF THE RECIPROCITY
ARRANGEMENTS THAT FACEBOOK
EMPLOYS AND THERE'S GREAT
DOCUMENTATION AT HAND BOTH FROM
PUBLIC.
API DOCUMENTATION AS WELL AS
MORE RECENTLY LEAKED INTERNAL
CONVERSATIONS ABOUT THIS
PRACTICE THAT --
HIGHLIGHT NOT ONLY PRIVACY
INVASIVE PRACTICES BUT ANTI
COMPETITIVE PRACTICES REQUIRING
THAT ANYONE THAT USE THE
FACEBOOK PLATFORM BE REQUIRED TO
RETURN THE DATA THEY COLLECT AS
AN APP DEVELOPER.
BACK TO FACEBOOK SO IF I WANT TO
COMPETE WITH FACEBOOK I'M
REQUIRED TO IF I BUILD AN APP ON
THEIR PLATFORM TO SHARE ALL THE
DATA THAT I COLLECTED THESE ARE
BACK TO THE COMPANY AS PART OF
THEIR TERMS OF SERVICE.
AND SO AS A JUDICIARY COMMITTEE
ATTIC SOMETIMES THE MERE
COLLECTION AND RETENTION CAN
CAUSE GREAT PROB PRIVACY HARM.
TO LAST WEEK A LIST OF TWO POINT
FOUR MILLION INDIVIDUALS AND
CORPORATE ENTITIES WAS EXPOSED
ON THE INTERNET THE LIST OF
CURRENT AND FORMER POLITICIANS
INDIVIDUALS.
OR COMPANIES UNDER SANCTIONS
SINCE OR CONVICTED OF HIGH
PROFILE FINANCIAL CRIMES.
LINKS TO TERRORISM OR DEEM
SPECIAL INTERESTS PERSONS WAS
COMPILED BY DOW JONES FROM.
PRIVATE AND PUBLIC SOURCES AND
THEN MADE FOR SALE AND SADLY
THAT INFORMATION WAS NOT SECURED
SO.
RESEARCHERS WERE ABLE TO PULL
AND DISCOVERS INFORMATION
PUBLICLY ON THE INTERNET AND
THIS FOLLOWS JUST TWO YEARS AGO
WHEN THE DOW JONES HAD A SIMILAR
BREACH OF PERSONALS --
PERSONAL INFORMATION ABOUT THEIR
CONSUMERS BY THE SAME MECHANISM
THEY ON SECURED A CLOUD STORAGE
PROVIDER --
SO IF IT TELLS A DEFINITIVE
HISTORY SAUCE ANYTHING IT'S OF
THE STATE OF ONLINE PRIVACY HAS
GOTTEN WORSE NOT BETTER IN THE
LAST DECADE.
SO TO SWITCH TO SEE CPAC YOU'VE
HEARD A GREAT DEAL ABOUT THE CPA
TO AND HOW IT.
OPERATES I KINDA WANT TO
HIGHLIGHT THE FUNDAMENTAL
BENEFITS OF THAT THE
ARCHITECTURE PROVIDES
SPECIFICALLY IT ALLOWS CONSUMERS
TO OPT OUT OF THE SALE OF
INFORMATION. FOR VALUABLE
CONSIDERATION --
SAILOR SHARING OF INFORMATION
FOR A FOR VITAL CONSIDERATION --
TO THIRD PARTIES THAT THEY DON'T
HAVE A DIRECT RELATIONSHIP WITH
RIGHT SO --
ALL OF THE EXAMPLES I LAID OUT
BE CREATED A COLLECTION OF
INFORMATION WAS MADE POSSIBLE BY
THE THE SUPPLEMENTAL SAILOR
SHARING INFORMATIONS TO THIRD
PARTIES RIGHT SO NOT THE FIRST
PART IS NOT THE BUSINESS OF THE
CONSUMERS KNOW AND TRUST.
BUT THE THIRD PARTIES THAT THEY
DON'T HAVE ANY RELATIONS.
COMPANIES WILL BE PROHIBITED
FROM SELLING OR SHARING AND
CONSUMERS INFORMATION --
DATA BROKERS ATTRACT USERS OF
THAT CONSENT WILL BE PROHIBITED
FROM THIRD FURTHER SELLING
INFORMATION --
AND BE REQUIRED TO DELETE
INFORMATION BASED ON A
VERIFIABLE CONSUMER REQUEST.
SO WHY THIS IS IMPORTANT AS THE
CURRENT PRIVACY FRAMEWORK THAT
WE HAVE AS I SAID DOESN'T
RESTRICT ANY THIRD PARTY SHARON.
AND THE FTC HAS MADE EVIDENT BY
THE TWENTY FOURTEEN DATA BROKE
RECORD AND THEIR STORY HAS
REALLY LIMITED JURISDICTION ON
ON COMPANIES THAT THE COMPANY
DOESN'T HAVE A RELATIONSHIP WITH
RIGHT TO THE QUESTION.
THAT TO SEIZE PRIMARY AUTHORITY
FUNCTIONS UNDER SECTION FIVE
WHICH IS UNFAIR AND DECEPTIVE
TRADE PRACTICES.
PRIMARILY PRIVACY CASES FALL
UNDER DECEPTION WHICH IS WHAT
CONSUMERS EXPECT A WHAT COMPANY
SAID CONSUMERS CONSUMERS NEVER
SEE.
THIRD PARTIES PRIVACY POLICIES
AND IN SOME CASES THE FTC
DOESN'T CONSIDER OR HAS
INDICATED THAT THOSE ARE LESS
MATERIAL THAN THE ONES THAT
CONSUMERS OF A FIRST PARTY.
QUESTION SHIP WITH SO AS A
RESULT CPA WILL PREVENT THAT
THIRD PARTY.
KIND OF COLLECTION AND FOCUS THE
INTERACTION BETWEEN THE USER AND
WITH COMPANIES A CONSUMERS HAVE
A RELATIONSHIP WITH THEIR BY
STRENGTHENING I THINK THE FTC'S
ABILITY TO ENFORCE THOSE CASES --
FOR THE MORE --
THE THE STREAM OF DESPITE WHAT
YOU HEAR --
MUCH OVER THAT AS MR TIGER
POINTED OUT MUCH OF THE
PROVISIONS AROUND OPT OUT AND
SELL PERSONAL INFORMATION PULL
FROM DO NOT TRACK AND OTHER
MULTI YEAR MULTI STAKEHOLDER
PROCESSES WHICH INCLUDED.
BROWSER MANUFACTURERS
TECHNOLOGIST INDUSTRY ACTUALLY
DID THE W. THREE C. WAS
EVENTUALLY OVER RUN BY INDUSTRY
IF YOU KNOW ANYTHING ABOUT THE
HISTORY OF THAT PROJECT --
IT ALSO FOLLOWS INTERESTING
INDUSTRY PRACTICES FOR EXAMPLE --
IF YOU RUN A WEBSITE YOU CAN USE
GOOGLE ANALYTICS TO PROVIDE
ANALYTICS.
I AM HE MAY USE IT ON THE EVEN
THE THE SENATE'S WEBSITE HERE --
THAT SERVICE SINCE ITS INCEPTION
HAS PROVIDED WAYS FOR YOU AS THE
WEBSITE OPERATOR TO SEND GOOGLE
INFORMATION AND HAVE GOOGLE APP
TRACK YOUR VISITORS BUT RESTRICT
GOOGLE FROM USING THAT
INFORMATION FOR THEMSELVES OR
SHARED WITH ANY THIRD PARTY.
THAT FEATURE EXIST TODAY WHERE
GOOGLE OPERATE AS A SERVICE
PROVIDER AS DEFINED UNDER CC
PERIOD AND FOR CONSUMERS THAT
OPT OUT TO THE WOULD BE ABLE TO
PROVIDE THAT SERVICE PROVIDER
ROLE AND RESTRICTED SELF FROM
USING INFORMATION FOR ITS OWN
PURPOSES.
THE ONE I'M CRITICAL
CLARIFICATION INDEED ONE OF THE
MOST IMPORTANT.
THINGS YOU HAVE AT IT IS THAT
THE DEVIL IS IN THE DETAILS AND
ONE OF THE DEVIL'S THE CRITICAL
DEVILS IS AROUND THIS ISSUE OF
PSEUDO IDENTIFIERS.
RIGHT SO NEARLY ALL OF THE CASES
I DESCRIBED WITH THE EXCEPTION
OF THE DOW JONES DATA BREACH
RELY ON PSEUDO AN IDENTIFIER
SAID A SUIT IDENTIFIERS SIMPLY
JUST A RANDOM NUMBER THAT I CAN
ASSIGN.
TO THAT YOU'RE PERMITTED
IDENTIFIER FOR EXAMPLE YOUR
MOBILE DEVICES ALL OF YOUR
MOBILE DEVICES TODAY HAVE A
HARDWARE IDENTIFIER THAT IS
PERSISTENT TO THE DEVICE FOR THE
LIFE OF THE DEVICE THAT NEVER
CHANGES AND THIS IS IN FACT HOW.
RETAILERS WILL TRACK YOU AS YOU
WALK AROUND THE STREETS RIGHT
SOMETIMES THAT RANDOMLY ASSIGNED
MORE OFTEN THERE ARE YOU THERE
ESSENTIALLY HASHES OF YOUR YOUR
YOUR EMAIL ADDRESS OR YOUR JUST
A WAY TO SCRAMBLE.
SOMEONE'S EMAIL ADDRESS SO THAT
IT'S NOT READABLE BUT THE WAY I
SCRAMBLED IS CONSISTENT SUCH
THAT IF YOU AND I BOTH HAVE THE
SAME AMOUNT WILL ADDRESS WE KNOW
WHAT OUR FIRST THE SAME PERSON
BUT WE CAN TALK AND COAT.
RIGHT AND SO --
IT IT'S IT'S A IT'S SLIGHTLY
COMPLICATED BUT IT WOULD SIMPLY
BE LIKE TAKING YOUR NAME HANNAH
AND CHANGED BY LAW ONE LETTER --
BASICALLY ADDING ONE CHARACTER
TO TO THE LETTER IN ORDER --
TO TO WOULD DEVELOP A UNIQUE
IDENTIFIER AND WHY THAT MATTERS
IS LIKE CURRENTLY THERE'S A
PRACTICE IS A COMPANY CALLED
DATA LOGICS FOR EXAMPLE THAT
FACEBOOK EMPLOYEES WHERE BY --
WHEN YOU WALK INTO A CVS AND
PURCHASE?
AN ITEM LIKE A RAZOR BLADE
THROUGH A LOYALTY PROGRAM --
IF YOU WITH THEIR LOYALTY CARD --
CVS IS ABLE TO SEND THEIR AND
THAT PURCHASE HISTORY TO DATA
LOGICS AND FACEBOOK ALSO SENDS
THAT THE FACT THAT YOU'VE SEEN
ADVERTISEMENT ABOUT SAY RAZOR
BLADE TO THAT COMPANY.
AND DID A LOT OF HIS ABLETON
WITHOUT KNOWING YOUR NAME.
BE ABLE TO TELL WHO.
SAW THE AD FOR RAZORS AND THEN
PURCHASED IN STORE THAT RAZOR
BLADE AND THEY DO THIS ALL USING
PSEUDO IDENTIFIERS SUCH A HASH
IDENTIFIERS.
IF YOU IF I CAN'T STRESS THIS
ENOUGH IF --
UNLESS YOU ROAD AND FIRES ARE
CONSIDERED PERSONAL INFORMATION
NONE OF THE EXAMPLES I MENTION
ABOVE WILL BE ADDRESSED BY THE
LAW LIKE ESSENTIALLY WOULD
COMPLETELY GOT CCPA A FEW EXAMS
SEROTA FIRES OR OR CLASSIFY THEM
AS YOU WOULD DE IDENTIFIED DATA
OR AGGREGATE DATA WHICH IS VERY
DIFFERENT --
ADDITIONALLY THERE WERE SOME
CRITICISMS AROUND THE VAGUENESS --
FOR EXAMPLE AROUND VERIFIABLE
CONSUMER REQUEST OR THE
DEFINITIONS OF PERSONAL
INFORMATION THIS WAS BY DESIGN
RIGHT TECHNOLOGY SPECIFIC POLICY
IS INCREDIBLY PLOT PROBLEMATIC
AND IS USUALLY.
OUTDATED BY THE TIME THE INK
DRIES TO LEAVE ROOM TO THE FOR
THE AG. TO PROVIDE SPECIFIC
GUIDANCE FOR EXAMPLE AROUND WHAT
CONSTITUTES AS CAN A VERIFIABLE
CONSUMER REQUEST FOR THE RIGHT
TO ACCESS OR DELETE.
IT ALLOWS THE AG TO PROMULGATE
RULES.
THAT ESSENTIALLY --
GUIDE HOW USERS CAN REQUEST TO
DELETE INFORMATION AND SECURE
MANNER WHILE STILL ALLOWING THE
OPT OUT STANDARD TO BE LOWER AND
ALLOW CONSUMERS TO OPT OUT OF
FOR EXAMPLE PSEUDONYMOUS
TRACKING.
RIGHT IT WAS DESIGNED TO BE
FLEXIBLE IN THE WAY.
ADDITIONALLY THE DEFINITIONS --
THE FLEXIBILITY ON PERSONAL
INFORMATION WILL ALLOW THE AG TO
ADD OR CHANGE DEFINITIONS OF
PERSONAL INFORMATION AS
TECHNOLOGY CHANGES RIGHT THE
NEXT THE NEXT PLATFORM ISN'T
GOING TO BE A MOBILE PHONE IT'S
GOING TO BE IN A OUR OUR VIRTUAL
REALITY DEVICE THAT WE WEAR.
OR SOME SORT OF BODY ITEM W.
WHERE THAT WON'T HAVE AN
INTERFACE OR WON'T HAVE THE SAME
TYPE OF DEFINITIONS FOR WHAT WE
CONSIDER PERSONAL AND FOR
SENSITIVE INFORMATION AND THAT
FLEXIBILITY IS IMPORTANT TO ADD --
FINALLY -- I
THINK THIS MIGHT BE A BETTER
POINT FOR MR TARGETS ATTORNEY
BUT MY SUCCESS THAT THE EMPLOYEE
EMPLOYER RELATIONSHIP IS COVERED.
RIGHT AND THE PROVISION I THINK
IT'S ONE OF FIVE D. EIGHT SAYS
THAT THERE'S NO RIGHT OF
DELETION IF A BUSINESS NEEDS TO
COMPLY WITH AN LEGAL OBLIGATION.
AND I THINK THERE'S A QUITE A
NUMBER OF CALIFORNIA LAWS THAT
BUSINESSES TO KEEP INFORMATION
ABOUT EMPLOYEES.
RIGHT SO I DON'T BELIEVE THAT
THE CITY PAY WOULD SUPERSEDE
THOSE --
IMAGES RUSHED THROUGH FINALLY I
WANT TO TALK ABOUT THE IMPACT
BUSINESS RIGHT SO ONE QUICK ONE
IMPORTANT POINT TO THINK ABOUT
HIS -- WHAT
I HAVE --
WHAT THE NEW YORK TIMES DID IN
RESPONSE THE GPR IN EUROPE SO --
IN EUROPE.
AS A RESULT OF SOME --
SOME OBLIGATIONS GPR NEW YORK
TIMES DECIDED TO FOREGO THIRD
PARTY AD NETWORKS.
AND DO PRIMARILY SELF SO IF AND
SELF TARGETED ADS ON THEIR OWN
PLATFORM AND WAS QUICK AND
REALLY INTERESTING ABOUT THIS
CHANGE WAS THAT IN IN THE TIME
THEY'VE DONE THE STATE FOUND
THAT THEY'VE ACTUALLY HAD NO.
REDUCTION IN THEIR BOTTOM LINE
RIGHT THEY'RE ABLE TO ACTUALLY --
PERFORM JUST AS WELL ITH AND
THERE'S A DID YOU DAY ARTICLE --
IF YOU GUYS WHENEVER I'M HAPPY
TO SEND ANY OF ACTUALLY I'M
HAPPY TO SEND ANY OF THE
REFERENCES IF THEY'RE HELPFUL --
THE OTHER POINT THAT'S IMPORTANT
IS THAT.
MOST SMALL BUSINESSES TODAY MORE
AND MORE RELY ON CLOUD SERVICES
SUCH AS GOOGLE AMAZON SALES
FORCE AT CETERA.
AND INCLUDING SCHOOLS NOW MOVING
TO CLOUD INTO G. SWEET PRODUCTS.
JUST LIKE SECURITY MY BELIEF IS
THAT PRIVACY IS GONNA BE
COMMODITIZED AND THAT MUCH OF
THE FEATURES LIKE I DESCRIBED IN
THAT GOOGLE ANALYTICS EXAMPLE.
WILL BE AVAILABLE FOR SMALL
BUSINESSES TO TURN ON LAWS
SIMILARLY FOR THE RIGHT OF
ACCESS WHICH MOST OF THE CLOUD
PLATFORMS PROVIDE OR FOR THE
RIGHT OF DELETION --
FINALLY TO STEAL MISTER
TAGGART'S MAC METAPHOR ABOUT THE
AUTO INDUSTRY --
I THINK YOU SEE WILL APPEAR WILL
PROMOTE MAR SUSTAINABLE
PRACTICES AROUND USER DATA.
RIGHT --
ULTIMATELY I THINK THIS IS GOING
TO BE TO THE BENEFIT OF BOTH
CONSUMERS AND TO INDUSTRY.
RIGHT SELECT THE INNOVATION IN
AUTOMOBILE EMISSIONS THAT
CALIFORNIA WAS LEADING ON I
THINK THE CPA WILL ESSENTIALLY
PROMOTE MORE PRIVACY PRESERVING
PRACTICES WHICH YOU'RE ALREADY
SEEING COMPANIES LIKE APPLE --
DUCKDUCKGO THE NEW YORK TIMES
EVEN A BROWSER MAKER LIKE BRAVE
THAT'S LEARNED HOW TO DO
ADVERTISE TARGETED ADVERTISING
WITHOUT REVEALING CONSUMERS DATA.
THOSE PRACTICES ARE AN EMERGENCE
IN THE SAME WAY THAT THAT --%
ENVIRONMENTALLY EFFICIENT
AUTOMOBILES HAVE BECOME KIND OF
LEADING THE WAY AND ASKS BIG
SOURCE OF INNOVATION AND A BIG
SOURCE OF COMMERCE AT THE
CALIFORNIA WILL DEFINITELY THE
WAY --
FINALLY I WANT TO TOUCH ON THE
OTHER EFFORTS TO WHY SAID WHY
THINKS YOU CPA IS CRITICALLY
IMPORTANT AS AN APPROACH --
WHY EVEN DEADLY HEARD ABOUT A
NUMBER OF EFFORTS FOR OMNIBUS
PROBABLY PRIVACY?
REGULATION AND THEY OFTEN
INCLUDE FACIAL RECOGNITION
LOCATION DISCRIMINATION A I'D
BUY S. --
BISON ALGORITHMS AT CETERA.
AND THE ISSUE IS THAT THESE
MYRIAD OF ACT --
ISSUES THAT INVOLVE BOTH THE
FIRST PARTY AND THE THIRD PARTY
WILL ULTIMATELY LEAD TO A POLICY
FRAMEWORK THIS BASED ON ENHANCE
NOTICE AND CHOICE RIGHT IT WILL
ULTIMATELY PUT THE BURDEN
BECAUSE THE ISSUES ARE SO
COMPLEX AND IT'S NOT A CLEAR CUT
DIVISION BETWEEN FIRST PARTY AND
THIRD PARTY.
IT WILL PUT DATE THE ONUS ON THE
USER TO DISCERN DISCERN WHETHER
THE COLLECTION OF THEIR
INFORMATION IS APPROPRIATE FOR
THE TASK THAT THE BUSINESS IS
GOING TO PROVIDE THEM AND THE
CONSUMER HAD HAS TO STUDY.
AND UNDERSTAND THE PRIVACY
POLICIES AS WELL INTELLIGENCE
MIGHT BE ABLE TO MAKE BASED ON
THE DISCLOSURE OF THAT
INFORMATION AND I THINK THAT
PUTS A HUGE BURDEN ON CONSUMERS
AND BECOMES UNTENABLE I DON'T
THINK IT GETS ANY.
ANY FURTHER TO A KIND OF A
PRIVACY REGIME RIGHT IT WILL
ESSENTIALLY --
CONSUMERS WILL STILL WILL BE
REQUIRED TO STILL READ AND
UNDERSTAND PRIVACY POLICIES AND
SOMETHING THAT THE INDUSTRY HAS
BEEN.
I AM.
USING AS A WAY TO LEGITIMIZE
THEIR CLUB PRACTICES ARGUING
THAT -- THAT
THESE PRACTICE ARE CLEARLY
DEFINED AND PRIVACY POLICIES AND
CONSUMERS SHOULD ESSENTIALLY --
NOT USE THE PRODUCTS OR READ THE
PRIVACY POLICIES TO UNDERSTAND
WHAT THE PRODUCTS DO --
THIS FROM A SHOW OF HANDS WHO
READS PRIVACY POLICIES.
HE DO FOR EVERY SAY EVEN.
TO RECOVERING LAWYER I FEEL
OBLIGATED TO DO THEM NOW YOU CAN
ALSO ASK DO YOU UNDERSTAND THEM
AND WRITE MY GET A DIFFERENT
RESPONSE RATE AND AND I THINK
THAT'S ANOTHER CRITICAL PIECE TO
TO KIND OF TO TO THE KIND OF
POINT THAT YOU HIGHLIGHTED
AROUND THE THE FREE.
COFFEE IN EXCHANGE FOR PERSONAL
DATA --
OFTENTIMES CONSUMERS ARE
TERRIBLE AT UNDERSTANDING HARMS
THAT ARE KIND OF INFREQUENT AND
FAR AWAY RIGHT SO --
BEHAVE ECONOMICS TELLS US THAT
THERE'S HYPERBOLIC DISCOUNTING
WE'RE GONNA.
DISCOUNT BENEFITS TODAY --
FOR FOR A KIND OF RISK IN THE
FUTURE AND THIS IS WHY WE HAVE
SEAT BELT LAWS THIS IS WHY WE
HAVE STE TEXTING LAWS THIS IS
WHY WE HAVE INSURANCE
REQUIREMENTS.
RECKONS CONSUMERS ARE TERRIBLE
ASSESSING RISK PARTICULARLY WHEN
IT COMES TO THE WAY INDIVIDUALS
MIGHT USE THEIR DATA AND AND
MERRY OUT OF CONTACTS.
AND I THINK I'M ONE OF THE
CHALLENGES IS BY PUTTING FOR
EXAMPLE BY MOVING TO AN OPT IN
REGIME WHERE CONSUMERS HAVE TO
ASSESS RISK OPT IN CONSENT TO
THE USE OF THEIR INFORMATION.
NOT ONLY ARE THEY NOT GOING TO
BE ABLE TO UNDER. FOR IMMEDIATE
BENEFITS --
DUE TO THE COULD BEHAVE
ECONOMICS THEY'RE AWESOME AN
EXPERIENCE OPT OUT FATIGUE WHERE
THEY'RE JUST GONNA OPT INTO
WHATEVER THE SERVICES LIKE FREE
COFFEE.
IN ORDER TO GET THAT BENEFIT
TODAY AT THE RISK OF ANYTHING
THAT HAPPENS TOMORROW AND THE
CHIMES THERE IS WITHOUT OFTEN
CONSENT CONTENT COMPANIES CAN
ACTUALLY DO MORE INVASIVE
PRACTICES THAN THEY WOULD WITH
THE CURRENT RGIME THAT'S STILL
BEEN KIND OF DELEGATE WHEN IT
COMES TO HEALTH INFORMATION
ETCETERA --
SO I I THINK FOR THIS REASON AND
FOR FOR MANY OTHERS I HAVE A
FRIEND KIND OF DESCRIBED.
THAT THE NOTICE AND CHOICE
FRAMEWORK ESSENTIALLY ASKS TOO
MUCH OF PEOPLE AND TOO LITTLE OF
THOSE ENTRUSTED WITH OUR DATA
AND I THINK THAT ESSENTIALLY
SUMS UP WHAT AT WHAT THE ISSUE
WITH OPTIMUS --
MY FEELING IS GENERALLY CCPA BY
PUTTING THE ONUS ON THIRD PARTY
COLLECTION AND BUY AND FOCUSING
INTERACTIONS WITH --
FIRST PARTIES THE CONSUMERS HAVE
A KNOWING AND TRUSTING
RELATIONSHIP WITH WILL --
HELP ADDRESS THESE THE LARGER
ISSUES THAT I DESCRIBED TODAY --
AND I WILL WILL.
KIND OF FIX THIS LARGELY
UNREGULATED MARKET FOR CONSUMERS
THANK YOU.
THANK YOU VERY MUCH BOTH VERY
INTERESTING PERSPECTIVES ON THIS
AND I APPRECIATE YOUR YOUR
INFORMATION I AS YOU TALK ABOUT
THE COFFEE WE YOU DON'T KNOW
WHAT ELSE IN WHAT OTHER
INFORMATION WAS BEING.
PROVIDED AND WHEN PEOPLE ARE
EIGHTEEN OR TWENTY OR TWENTY ONE
WHAT WHAT ARE THEY CARE I WANT
THE JOB BUT I WONDER WHEN
THEY'RE A LITTLE OLDER AND IF
THEY HAVE FAMILIES TO THEY WANT
THAT INFORMATION BEING OUT THERE --
THAT MIGHT BE A SOURCE OF
CONCERN TO THEM I MEAN I I JUST
THINK THAT --
IT'S THE THAT PEOPLE SHOULD
CHOICES EVEN IF THEY DON'T
NECESSARILY UNDERSTAND ALL
ASPECTS OF IT --
WE TRIED TO DO PRIVACY LAW BACK
IN TWENTY YEARS AGO WITH THE
CENTERS BEER I DID A LEGISLATION
AND THEY WERE OPT OUT AND THE
COM THEY WERE SO COMPLICATED AND
THE ABILITY TO OPT OUT APPEARED
ON PAGE EIGHTEEN AND IN THE
SMALLEST PRINT POSSIBLE.
AND I OBSERVED AT THAT POINT IF
IT WAS AN OPT IN SYSTEM IT WOULD
BE CLEAR AS A BELL IN THAT OFFER
YOU A FREE TOASTER TO GO WITH IT --
SO I THINK THAT AGAIN THERE ARE
SOME OF THOSE PHILOSOPHICAL
ANNONCES I'LL GIVE YOU A CHANCE
TO RESPOND BECAUSE I KNOW YOU
WANT.
TO AND THEN I'LL INVITE ANYONE
ELSE IF THEY HAVE A QUESTIONS
ONE LITTLE POINT HERE YOU KNOW
AND I'M REALLY GLAD TO HEAR.
THAT MISTER ATTACKER AND MISTER
SULTANI TALK ABOUT AND HOW THIS-BILL OVER THE SLOT IS NOT
DESIGNED TO DECIMATE ON DIGITAL
ADVERTISING FOR EXAMPLE.
AND THAT'S AND THAT'S IMPORTANT
BECAUSE YOU KNOW MANY OF THE
SITES AND SERVICES ARE AVAILABLE
TO CONSUMERS.
AT NO CHARGE BUT THEY ARE FUNDED
THROUGH ADVERTISING AND THAT'S
OUR SECRET I THINK THAT'S PRETTY
BIG BECOME MUCH MORE VISIBLE.
AND YOU KNOW WE MIGHT BE
CREATING A SYSTEM AND IT AND I
WAS INTERESTED IN WHAT MR SO
TINY WAS TALKING ABOUT IT IN
TERMS OF NOTICING CHOICE BECAUSE
UNFORTUNATELY THE CCPA.
INCLUDES MORE DETAILED AN
ONEROUS NOTICES THAT ARE GONNA
BE LINK FEAR THAN THE ONES THAT
WE HAVE WHICH SEEMS SORT OF
COUNTER TO THE GOAL OF MAKING
FLIPSIDE WHAT I'VE SEEN IS THAT
A NUMBER OF COMPANIES ARE DOING.
THEIR LEVEL BEST I JUST CAME
BACK FROM RSA WHERE WE CHANGE A
GROUP I WAS JUST IN FREMONT
WHERE FOUR HUNDRED YOU KNOW
PEOPLE WERE THERE TO BE TRAINED.
EXACTLY ON HOW TO COMPLY WITH
THE CPA AND YOU'VE HEARD MANY OF
THE OTHER PANELISTS TALKING
ABOUT.
THE EFFORT AND EXPENSE COMPANIES
ARE GOING TO TO TRY TO MAKE
NOTICES TRANSPARENT BECAUSE NOT
ONLY I SAID TO THEM.
YOU KNOW THAT IT IT JUST LEAVING
ASIDE THE COMPLIANCE MYSTERY
WHEN HAVE THIS CONVERSATION
ABOUT FRAMEWORK TO LOOK THINK
LOOK AT THINGS.
IT'S ALSO NOT IN THE INTEREST OF
THE BRAND I THINK YOU GUYS ALL
SAW.
A YOU KNOW SITUATIONS WHERE OF
BRAND VALUE HAS BEEN AS FINO NOT
CALCULATED APPROPRIATELY AND
STOCK PRICES TANK.
THAT'S NOT IN ANY BUSINESSES
INTERESTING SO I THINK WHAT WE
NEED TO START THINKING ABOUT.
IS HAVING THAT YOU KNOW --
AND I APPRECIATE EVERYTHING MR
SO TINY WAS SAYING THAT IT
SHOULDN'T BE AN US AND THEM.
WE HAVE AN OPPORTUNITY RIGHT NOW
TO HAVE A SOPHISTICATED
DISCUSSION ABOUT HOW AS A
COMMUNITY.
NOT JUST ON BUSINESS REGULATORS
LEGISLATORS CONSUMERS AND
BUSINESS WORK TOGETHER TO MOVE
FORWARD IN THIS DIGITAL AGE.
BECAUSE YES THERE ARE CERTAIN
THINGS THAT COULD BE DONE
WITHOUT DIGITAL ADVERTISING FOR
EXAMPLE BUT THEN YOU HAVE WHOLE
SWATHS OF COMMUNITIES THAT ARE
NOT ABLE TO PAY. FOR THE IN A
FIFTEEN HUNDRED DOLLAR I EXCUSE
ME YOU KNOW.
ACTIONS THAT MIGHT BE OBLIGATED
TO BE PASSED ON TO CONSUMERS IT
AND I WE READ THESE AWAY SO CAN
COURT YOU'VE DONE EDUCATED
DISCUSSION ARTICULATED I THINK
WHAT WE ARE TRYING TO DO HERE
THIS IS NOT AN US VERSUS THEM.
WE'RE TRYING TO PRIORITIZE AS I
MENTIONED THE THE
RESPONSIBILITIES WE HAVE TO THE
PUBLIC TO THE PEOPLE THAT WE
REPRESENT ABOUT A MILLION EACH
BY THE WAY THAT'S A LOT OF
PEOPLE.
AND YOU HEARD THE NUMBERS 80%
WANT US TO DO MORE ON THEIR
PRIVACY ON THE OTHER HAND PEOPLE
WANT THOSE ADVERTISEMENTS AND I
DON'T THINK ANYONE HERE IS
TRYING.
TO UNDERMINE THAT WE JUST WANT
TO HAVE THE ABILITY TO A CONSENT
OR NOT TO CONSENT TO IT'S A
RIGHT TO KNOW --
THE ABILITY TO MAKE THAT CHOICE
TO CONSENT OR NOT AND THEN --
HOPEFULLY WILL BE ABLE TO
PROCEED FORWARD SOME OF THE
THINGS HE WAS SAYING MISTER
SOLTANI THAT.
I JUST ENVISIONED IF --
SOME BAD ACTOR GOT A HOLD OF ALL
THIS INFORMATION THE WAY THEY
COULD CONTROL ALA.
BRAVE NEW WORLD IN NINETEEN
EIGHTY FOUR I MEAN IT'S IT'S
HERE IF WE DON'T DO SOMETHING
ABOUT IT SO I THINK THAT'S PART
OF OUR RESPONSIBILITY AT THE
SAME TIME.
I I THINK MOST OF US.
OPERATE FROM THE BASIS OF MOST
ACTORS MOST OF THESE COMPANIES
WANT TO BE GOOD ACTORS AND
THAT'S PART OF THE DISCUSSION
HERE TODAY HOW DO WE CAN GREATER
CLARITY WHAT THE SAME TIME
PROTECTING THE RIGHTS OF OUR
CONSUMERS.
AND THE PEOPLE CALIFORNIA'S MADE
PRIVACY OF A RIGHT FUNDAMENTAL
WITHIN OUR CONSTITUTION.
OTHER ANY OTHER COMMENTS.
QUESTIONS THANK YOU SO MUCH FOR
VERY MUCH FOR YOUR TESTIMONY OUR
pLAST.
OF PANEL INDUSTRY MODELS
INNOVATING TO INCORPORATE
PRIVACY INTO THE BUSINESS MODEL --
I THINK THIS IS.
AN A HAVE PRIORITIZE SEE AND ARE
FUNCTIONING.
SUCCESSFULLY AS WELL I HEARD
DOCTOR GOAL MENTIONED PREVIOUSLY
I DON'T KNOW WHAT DOCTOR GO IS
BUT I'M TOO OLD TO KNOW SO.
LOOKING FORWARD TO YOUR
TESTIMONY MISTER WEINBERG AND
MISTER WEAVER WILL START WITH
YOU TODD WE WERE IS THE FOUNDER
AND CHIEF EXECUTIVE OFFICER OF
PURISM.
THAT'S RIGHT THANK VERY GOOD
THANK YOU CHAIRMAN JACKSON AND
COMMITTEE MEMBERS I'M HONORED.
TO BE HERE.
MY NAME'S TOMMY --
AND I THINK YOU'LL FIND BOTH
GABRIEL AND I ARE QUITE UNUSUAL
WITNESSES FROM THE TECH SECTOR.
HERE TODAY.
THIS IS BECAUSE WE ARE HERE'S
THE CEOS OF GROWING TECHNOLOGY
COMPANIES PROTECT PRIVACY.
RATHER THAN EXPLOIT.
THIS IS BECAUSE I'M ACTUALLY
HERE CALLING FOR MUCH STRONGER
CONSUMER PRIVACY PROTECTIONS IN
CALIFORNIA AND AROUND THE WORLD
NOT WEAKER ONES.
I BELIEVE THE DEFAULT
APPROACHING CALIFORNIA SHOULD BE
THE RIGHT TO OPT IN.
RATHER THAN REQUIRING ALL OF US
TO HAVE TO INCONVENIENTLY OPT
OUT OF THE EXPLOITATION OF OUR
MOST PERSONAL DATA.
ACROSS ALL SOFTWARE.
EACH SERVICE AND EVERY SITE WE
USE.
AS MR ATTACKER WHO MIGHT LIKE TO
TAKE A MOMENT.
THE THANKS FOR HIS TIRELESS
YEARS OF EFFORT ON AB.
THREE SEVEN FIVE APPROPRIATE
STATED A DO NOT TRACK BROWSER
EXTENSION BACKED BY LAW IS
HELPFUL. FOR PROTECTIONS ON
WEBSITES BUT MRS.
ON THE WIDELY POPULAR
APPLICATIONS AND SERVICES.
THIS IS ONE OF THE MANY REASONS
WE NEED TO PROTECT PERSONAL
PRIVACY BY DEFAULT.
I ALSO STRONGLY SUPPORT HOLDING
COMPANIES LIKE MINE.
ACCOUNTABLE.
IN COURT IF WE VIOLATE A
PERSON'S PRICE PRIVACY RIGHTS.
RIGHTS WHICH WE ARE GUARANTEED
IN THE STATE CONSTITUTION.
BUT I BELIEVE OUR LAWS DO NOT
YET FULLY RESPECT WHEN IT COMES
TO THE INTERNET.
I'M HERE O TELL YOU IT'S TIME
FOR CALIFORNIA'S EXTRAORDINARY
TECH INDUSTRY TO STOP HARVESTING
AND SHARING OUR MOST PERSONAL
PRIVATE DATA WITHOUT ARE
MEANINGFUL CONSENT [inaudible]
AND KNOWLEDGE.
YOU WILL HAVE THE POWER TO MAKE
THAT HAPPEN.
AND I BELIEVE THE TIME IS LONG
OVERDUE.
NOW YOU'VE HEARD SOME OF
BUSINESSES AND TECH COMMUNITY
SUGGESTING CALIFORNIA'S NEW
PRIVACY LAW IF NOT SUBSTANTIALLY
AMENDED WHICH OF COURSE MEANS
WEEKEND BEFORE IT IS ALLOWED TO
GOING TO A FACT IS GOING TO
CAUSE EXTRAORDINARY BUSINESS
HARDSHIP AND CONFUSION.
THESE ARE OF COURSE THE SAME
ARGUMENTS THAT WERE MADE BY MANY
OF THESE SAME COMPANIES
REGARDING EUROPE'S GPR.
BUT SINCE YOU THE P. R. WENT
INTO EFFECT THESE COMPANIES HAVE
CONTINUED TO BE JUST FINE.
AND IN MOST CASES OF GROWING
PROFITS.
THAT IS REAL EVIDENCE.
THAT CALIFORNIA'S NEW PRIVACY
LAW IS NOT GOING TO DESTROY THE
INTERNET COMMERCE AS WE NOTE.
I'M HERE TO TELL YOU THAT AB
THREE SEVENTY FIVE OR STRONGER.
PROTECTIONS JUST LIKE THOSE IN
G. P. ARE ARE NOT GOING TO BE
HARD TO IMPLEMENT.
THE KEY IS WHETHER WE COMPANIES
ARE WILLING TO SIMPLY BEGAN TO
HONOR OUR CUSTOMERS PRIVACY
RIGHTS BY DESIGNING OUR SERVICES
TO BE PRIVACY PROTECTING BY
DEFAULT.
RATHER THAN PRIVACY EXPLOITING
BY DEFAULT.
IS THIS POSSIBLE YES I'M HERE TO
TELL YOU THAT MY GROWING COMPANY
WAS FOUNDED ON THE SIMPLE
PRINCIPLE THAT PRIVACY IS A
RIGHT AND NEEDS TO BE THE
DEFAULT IN ALL PRODUCTS AND
SERVICES.
BUT MAYBE CLEAR.
TECHNOLOGY ADVANCEMENTS CAN
ABSOLUTELY IN BE ROOTED IN MORAL
VALUES AND STILL LEAD INNOVATION.
SOCIETIES TECHNOLOGY GENIUS IS
NOT LACKING.
IT'S MORAL GENIUS IS.
AND THIS IS WHERE YOU.
COME IN.
TECHNOLOGIES INNOVATION THE
COMPLIES WITH PRIVACY PROTECTION
IS EASY.
LET ME RESTATE IT.
IT'S EASY TO OPERATE A
SUCCESSFUL BUSINESS WHILE
PLAYING BY THE RULES YOU SET.
I STARTED PURISM WHEN I CAME TO
REALIZE THAT MY TWO DAUGHTERS
LIKE ALL CHILDREN NEED
CONVENIENT PRODUCTS AND SERVICES
TO PROTECT THEM.
RATHER THAN EXPLOIT THEM.
AS A TECHNOLOGIST I AM I
UNDERSTAND PAINFULLY WELL.
HOW MUCH THE TECHNOLOGY SECTOR-CAN EXPLOIT MY KIDS WITH THESE?
FOR EXAMPLE AS EACH OF YOU
CRITICAL POLICY HOLDERS WILL
COME TO REALIZE YOUR
SMARTPHONE'S TRACK YOUR EXACT
LOCATION.
AND EVERYTHING DONE ON THAT
DEVICE EVERY MILLISECOND OF
EVERYDAY AND RECORD THAT
PERSONAL DATA PERMANENTLY FOR
RETRIEVAL AT ANY POINT IN THE
FUTURE.
NOT FORGETTING EVERY SIR SHOT
MESSAGE PHOTO VIDEO OR EVERY
ARTICLE YOU FOR IT.
SEARS ABOUT NEWS.
THE CURRENT UNREGULATED.
EXPLOITATION OF MODELS IN USE
TODAY ENSURE EVERYTHING YOU DO
IN THE DIGITAL WORLD LEAVES
EXACTING PRIVACY INVADING
EXCRUCIATING DETAIL ABOUT YOU
PERMANENTLY.
THAT'S WHY IN TWENTY FOURTEEN I
STARTED PURISM.
IT'S A SOCIAL PURPOSE COMPANY
COMPLETELY FOUNDED ON PRIVACY
PROTECTION PRINCIPLES.
PRISONS ALREADY MANUFACTURING IN
CALIFORNIA.
AND ASSEMBLING THESE LAPTOPS
RIGHT HERE INCLUDING THE
OPERATING SYSTEM APPLICATIONS
AND BUNDLED SERVICES THAT WILL
NOT TRACK YOU PERIOD.
PEARSON IS GROWING TRIPLE DIGITS
YEAR OVER YEAR.
FUTURE INNOVATION AND JOB
CREATION AROUND PRIVACY BY
DESIGN IS THE FUTURE THAT
CALIFORNIA NEEDS TO LEAD ON
CONSUMER DEMAND FOR PRIVACY IS A
REAL.
AND HAPPENING AND NEEDS TO BE
THE DEFAULT.
THIS YEAR WILL BE MANUFACTURING
SECURITY AND PRIVACY DESIGNED
PHONE THAT BUNDLE SERVICES AND
COMPLY IS ALREADY WITH AB THREE
SEVENTY FIVE BUT LEAVING GO
FURTHER WITH OFTEN BY DEFAULT.
FOR ALL OFFERED SERVICES.
USE THESE PHONES IN YOUR MOST
SENSITIVE DETAILS WILL BE UNDER
YOUR CONTROL AND KEPT COMPLETELY
PRIVATE.
ISN'T THAT A CONFIDENCE LEVEL WE
ALL SHOULD HAVE.
THIS IS DONE BY SIMPLE APPROACH
IT'S CALLED PRIVACY BY DESIGN.
THIS IS AN APPROACH ALL TECH
COMPANIES CAN IMPLEMENT IF THEY
ARE TRULY COMMITTED TO PRIVACY.
BEYOND THAT JUST MARKETING
SLOGANS.
AS AB THREE SEVENTY FIVE SIX TO
MAKE CLEAR PRIVACY IS A RIGHT.
AND YOUR EVERY LOCATION IN EVERY
COMMUNICATION IN EVERY WEB PAGE
AND EVERY SEARCH STORED
PERMANENTLY SHOULD NOT BE
EXPLOITED TO USE NEEDED SERVICES
ONLINE.
I STONGLY SUGGEST THE TIMES
COME FOR CALIFORNIANS TO TAKE
BACK THEIR CONSTITUTIONAL RIGHT
TO PRIVACY ON THE INTERNET.
AND URGE YOU TO SUBSTANTIALLY
STRENGTH IN THE PRIVACY
PROTECTIONS AFFORDED BY AB.
THREE SEVENTY FIVE FOR YOUR IN
MY CHILDREN'S SAKE.
THANK YOU.
THANK YOU VERY MUCH.
MISSED WEINBERG WITH DUCKDUCKGO --
YOU ARE THE FOUNDER AND CHIEF
EXECUTIVE OFFICER THANK YOU FOR
BEING HERE YOUR WELCOME MY HELL
TO FROM PENNSYLVANIA.
AND I I DID.
I'M THIS IS ONLY FIVE MINUTES --
SO -- I'M
HERE TO BASICALLY REPRESENT AN
ALTERNATE VIEWPOINT THAT --
THE CPA IN MY BELIEF IS ACTUALLY
PRO BUSINESS NOT ANTI BUSINESS
IN THE LONG RUN --
IN MANY WAYS KIND OF LIKE --
A COLLEAGUE HERE I COME TO YOU
FROM THE FUTURE I RUN A BUSINESS
THAT'S ALREADY CCA CCC HEY
COMPLIANCE.
AND I'M TELLING YOU THAT IT'S
NOT A LIABILITY IT'S ACTUALLY AN
ASSET FOR US SO I WANT TO BE A
BIT A BIT OF BACKGROUND ABOUT.
MY COMPANY AND THEN I HAVE THREE
REALLY BRIEF POINTS --
ON THE SEA OF THE TO GO LIKE YOU
MENTIONED I FOUND THE COMPANY IN --
TWO THOUSAND EIGHT OUR PRIMARY
SERVICE IS A SEARCH ENGINE
ALTERNATIVE TO GOOGLE THAT
DOESN'T TRACK YOU --
THAT ALLOWS YOU JUST LITERALLY
TO CERTAIN HONESTLY ONTHE WEB
AND SO WE DON'T EVEN HAVE THE
CONCEPT OF A SEARCH HISTORY WHEN
YOU COME TO US.
IT'S LIKE IT THE FIRST TIME
YOU'VE BEEN THERE EVERY TIME --
WE ALSO OFFER PRIVACY BROWSER
THAT'S AN ALTERNATIVE TO CHROME
THAT BLOCKS ALL THOSE HIDDEN
TRACKERS THE LAST PANEL SPOKE
ABOUT AS YOU CAN BROWSE THE WEB.
AND TOGETHER THEY KIND OF GIVE
CONSUMERS THE PRIVACY ESSENTIALS
THEY NEED AS THEY USED WEB --
I'M HAPPY TO LIKE TALK ABOUT ALL
THAT STUFF BUT SINCE THE LAST
PANEL TALK ABOUT IT AMERICAN
SKIPPER ALL THAT --
WHAT I LIKE TO TELL YOU IS THAT
WE'VE BEEN PROFITABLE SINCE --
TWO THOUSAND FOURTEEN EVEN
THOUGH WE DON'T TRACK ANYBODY
OUR PRIVACY POLICY IN A NUTSHELL
IS WE DON'T COLLECT OR SHARE ANY
PERSONAL INFORMATION AT ALL.
SO THE QUESTION I ALWAYS GET
NEXT IS WELL HOW DO YOU MAKE ANY
MONEY -- AND
YOU'LL BE SURPRISED IN OTHER WE
MAKE MONEY THROUGH ADVERTISING --
IT'S JUST CALL CONTEXTUAL
ADVERTISING AND IT'S REALLY THE
WAY GOOGLE STARTED TO WHEN YOU
TYPE IN A SEARCH LIKE CAR YOU
GET AN AD FOR A CAR.
I DON'T NEED TO KNOW ANYTHING
ABOUT YOU TO DO THAT BASED ON
THE CONTEXTUAL INFORMATION THAT
YOU GAVE THAT SAME CONCEPT BY
THE WAY WORKS ON LIKE THE NEAR
TIMES ARE PUBLISHING WEBSITE.
OR A VIDEO THANK YOU TO HE JUST
KIND OF PLAY AN AD THAT IS LIKE
THE CONTENT OF THE VIDEO AND NOT
ABOUT YOU AS AN INDIVIDUAL --
SO THE FIRST POINT I REALLY LIKE
TO MAKE IS THAT.
CONTEXTUALIZED TIES THE AND IS
IN HERE IN THE PRIVACY FRIENDLY.
AND IN CONTRAST TO THE
BEHAVIORAL ADVERTISING THAT'S
KIND OF TAKEN OVER THE DIGITAL
ADVERTISING MARKET IN THE LAST
TEN YEARS --
WHEN I STARTED TWO THOUSAND
EIGHT AND ACTUALLY WHAT IT
HADN'T TAKEN OVER THE MARKET
GOOGLE IN FACT?
WAS STILL MAINLY CONTEXTUAL
ADVERTISING EVEN.
THE ADVERTISING AND IT PUT
AROUND THE WEB WAS CONTEXTUAL IN
THEIR PROTOCOL AT CENTS OVER THE
LAST TEN YEARS IT SHIFTED.
BUT THERE IS NOTHING TO SAY THE
CONTEXTUAL ADVERTISING COULD NOT
BE AS PROP PHILLIP PAY REAL
ADVERTISING AND I WANTED TO THE
SAME POINT ASKING MAKE WHICH IS
THAT THE NEW YORK TIMES REALLY
JUST DID THIS TEST.
AFTER GPR IN EUROPE AND THEY GOT
RID OF ALL BEHAVIORAL
ADVERTISING AND THEY MADE MORE
MONEY -- AND
SO I THINK IT IS A WORKABLE --
BUSINESS MODEL --
THE SECOND POINT I'D LIKE TO
MAKE IS THAT CONSUMERS.
ACTUALLY WANT TO USE BRANDS THAT
THEY TRUST SO.
WE HAVE BEEN ATTRACTING
CONSUMERS --
YEAR OVER YEAR I A GROWING FIFTY
AND A 100% AND NOW WE DO ABOUT A
BILLION SEARCHES A MONTH. FOR
THE THIRD OR FOURTH LARGEST
SEARCH ENGINE IN MOST COUNTRIES
IN THE WORLD --
ALL BASED ON OUR PRIVACY
PROMISES ALL ORGANIC GROWTH --
OUR MAIN CHALLENGES KIND OF
GETTING THE WORD OUT BUT AS
PEOPLE LEARN THERE'S A PRIVACY
ALTERNATIVE.
THEY'RE THEY'RE KIND OF WALKING
TO THIS -- I
DON'T THINK WE'RE AN ISOLATED
CASE -- I
THINK -- BY
CONTRAST PRIVACY RESPECTING
BUSINESS MODELS.
ARE KEY ATTRACTORS FOR CONSUMERS
AND THE ANTI PRIVACY BUSINESS
MODELS ARE QUITE CLEARLY ON THE
ROPES LIKE PEOPLE ARE LEAVING
THE SERVICES THAT THEY PERCEIVE
TO BE EXPORTING THEIR
INFORMATION.
I MAKE AN ANALOGY TO BUSINESSES --
KIND OF GOING OUT OF THEIR WAY
TO ADDRESS THE CARBON FOOTPRINT --
EVEN THOUGH THEY DON'T HAVE TO
AND THAT ATTRACTS CONSUMERS --
I THINK IN THE SAME WAY THAT --
BUSINESSES EVEN IF THEY'RE NOT
SUBJECT TO THE LAW WOULD BE WELL
SERVED TO BCC OKAY COMPLIANT
ACROSS THE COUNTRY BECAUSE IT
THE CAN CAN USE THAT AS A AS A
AS A TRACTOR.
FOR THE THIRD POINT I JUST LIKE
TO MAKE IS.
I'M REALLY IN SUPPORT OF THE
CCAC CPA BROADLY INCENTIVIZING
DATA MINIMIZATION SO I VIEW THAT
AS ONE OF THE KEY --
POINTS THAT THE LAW IS DOING --
ONE APPROACH TO COMPLIANCE IS
BASICALLY TO COLLECT AND SHARE
LESS PERSONAL INFORMATION --
AT THE EXTREME AND ZERO LIKE US --
THIS IS GREAT BECAUSE COUNTRY TO
POPULAR BELIEF MOST DATA
COLLECTED ACTUALLY DOES NOT
DRIVE BUSINESS INTERESTS IT'S
OFTEN A LIABILITY --
WHEN DATA BREACHES HAPPEN THESE
COMPANIES LOSE MARKET SHARE NOT
GAIN OUT IN THERE THE DAY IT WAS
JUST SITTING AROUND DOING
NOTHING --
THE AND SAID THE PROBLEM HAS
BEEN IS.
YOU KNOW THERE'S BEEN NO REAL
COST ASSOCIATE ON THE OTHER SIDE
TO MAKE THEM DO THE MINIMIZATION
THIS BRINGS THAT COST AN AND A
REALLY INCENTIVIZE COMPANIES. TO
DO THE MINIMIZATION AND THEN THE
LAST --
RELATED POINT LIKE TO MAKE IS
KIND OF WHAT THAT'S CONNECTED I
REALLY LIKE TO UNDERSCORE IT.
IS THAT --
I'D BE WARY OF TO TO ANONYMOUS
DATA -- TIME
AND TIME AGAIN THIS IS PROVEN TO
BE A FICTION IT'S A FICTIONAL
CONCEPT --
ANY DATA THAT I'VE EVER SEEN
RELEASED TO THE PUBLIC THAT
INCLUDES.
A DATA SET THAT'S TIED TOGETHER
TO AN INDIVIDUAL EVEN DOESN'T
COULD IDENTIFIER JUST THESE KIND
OF HALF IS THAT HE WAS TALKING
ABOUT.
ALWAYS HAS BEEN THE ANONYMIZED
IN THE SEARCH --
INDUSTRY INTO AND SIX A WELL
RELEASED A FEW TO ANONYMOUS
SEARCH DATA SET THE JUST HAD
QUERIES TIED TOGETHER WITH NO
PEOPLE ASSOCIATED.
IT WAS THE ANONYMIZED THAT'S IT.
THE SIDE FUNNY STORY BECAUSE
MONTH SEARCH HOW TO KILL MY WIFE
AND THEY FIGURED OUT IT WAS AND
IT WAS LIKE A RIGHT I CRIME
WRITER A TV WRITER --
NETFLIX DID THE SAME THING THEY
RELEASED THE RESEARCH DATA SAID
ON A MOVIE RECOMMENDATIONS AND
PEOPLE WERE ABLE TO THE
ANONYMIZE THAT THERE'S BEEN
CREDIT CARD ONCE IN ALL CASES
WHAT HAPPENS IS THEY TAKE
ANOTHER DATA SET.
AND THEY PUT IT TOGETHER WITH
THE PSEUDO ANONYMOUS DATA AND
THEN IF YOU GRAVITY BLOCKS.
SO I WOULD BE JUST WARY OF
ANYONE WHO KIND OF CLAIMS OR ANY.
ANY.
BODY COUNT OF FOR YOU AND SAYS
OF THE SUIT ANONYMOUS THAT AS A
THING.
SO IN CONCLUSION OUR MISSION
ADDUCT AGO HAS ALWAYS BEEN TO
SET A NEW SANDARD TRUST ONLINE.
AND THAT'S WHY WE SUPPORT --
THE CCP TEN MINUTES.
WE APPRECIATE YOUR COMING OUT
FROM PENNSYLVANIA THERE ANY
QUESTIONS FROM.
THE DíAS I I HAVE ONE QUESTION --
YOU STARTED YOUR COMPANIES WITH
THAT COMMITMENT TO PRIVACY --
COMPANIES THAT ARE MOVED BEYOND
THAT AND ARE NOW USING --
A BEHAVIORAL --
ADVERTISE ADVERTISING AND IN
SOME OF THESE MORE AGGRESSIVE.
LESS OF PRIVACY FRIENDLY
PRACTICES.
IS IT GOING TO BE.
IMPOSSIBLE FOR THEM TO PULL BACK
AND START.
RE KIND OF RE CONFIRMING A
REAFFIRMING A COMMITMENT TO
PRIVACY HOW IS THAT GOING TO
IMPACT THEIR CURRENT MODELS.
YEAH I I DON'T THINK SO I MEAN --
I THINK WHAT YOU'RE REALLY
TALKING ABOUT IS THE LARGEST
COMPANIES HERE --
TALK ABOUT GOOGLE AND FACEBOOK
BECAUSE THEY'RE DRIVING IN.
MOST OF THE ADS ON MOST OF THESE
OTHER SITES --
AND THE BEHAVIORAL ADVERTISING
ALL YEAR ROUND SO YOU DO THE ONE
GOOGLE SEARCH AND THEN IT'S YOU
KNOW IF YOU SEARCH FOR SOME
PANTS AND THE FOLLOWING YOU
AROUND EVERYWHERE --
THAT COULD JUST BE BACK TO JUST
SHOWING DO A COULD SHOW AN AD
JUST BASED ON THE PUBLISHER
WEBSITE -- I
ACTUALLY THINK IN THE LONG RUN
THAT'LL MAKE THE MORE MONEY I
THINK PEOPLE ARE GETTING
INCREASINGLY ANNOYED BY THESE
CREEPY ADS.
AND THEY'RE GETTING LESS
COLLECTS OVER TIME NOT MORE AND
SOARING THIS WEIRD PERIOD WHERE
IT MADE A BIT MORE MONEY BUT I
THINK THEY'RE OVER TIME TO
REALIZE THAT IT'LL BE MORE MONEY
TO GO BACK TO GET TEXTILE ANYWAY.
SO WHAT ABOUT ALEXA AND WHAT
ABOUT THE SERVICE SYSTEMS NOW
THAT SEEM TO BECOMING MORE AND
MORE PREVALENT.
WHERE?
PEOPLE ARE RELYING ON THESE.
VERBAL CUES TELLING PETE TELLING
THIS THING TO GO AHEAD AND
ADJUST THE THERMOSTAT OR PLAY
MUSIC OR WHO KNOWS WHAT THINGS
WE USED TO DO BY.
OURSELVES WALKING OVER TO THE
THERMOSTAT FOR EXAMPLE BUT
RECOGNIZING IT'S A DIFFERENT
WORLD HOW ARE IS THAT
INFORMATION --
I KNOW IT'S BEING.
A YOU KNOW.
PULLED INTO WHO KNOWS WHERE AND
IT'S BEING USED FOR VARIOUS
PURPOSES.
IS THERE SOME WAY THAT PEOPLE
COULD CONTINUE OR THAT THESE
COMPANIES CONTINUE PROVIDING
THAT SERVICE WITHOUT IT BEING SO
INCREDIBLY INVASIVE OF OUR
PERSONAL INFORMATION ABSOLUTELY
SO INTRICATE REAL.
LOW GRADE ON THAT POINT --
SO THERE'S THERE'S NO OLOGY DONE
MORALLY.
RIGHT WE CAN DO ALL THE GREAT
STUFF THE EVERYBODY WANTS.
BUT JUST DON'T GO TO THE CREEPY
LEVEL.
AND IT'S THERE'S NO HARM.
IN PROVIDING.
CONTEXTUAL INFORMATION OR THE
SEARCH RESULTS YOU WANT.
BY HAVING IT BE.
JUST EXACTLY WHAT IT IS YOU'RE
ASKING.
FOR SO TECHNOLOGY CAN ADVANCE
INNOVATION CAN ABSOLUTELY
ADVANCE.
BUT WE CAN STILL PROTECT PRIVACY
OF INDIVIDUALS.
YEAH THEY'RE THEY'RE TO THE WHEN
DR WAY DR GO WORKS IS WHEN YOU
DO A SEARCH WE ASK YOUR SURGEON
THROWN AWAY.
WHEN YOU USE GOOGLE HOME AND
YOU'D TYPE YOU KNOW YOU SAY SOME
TEAR DEVICE THEY SAVE THAT
FOREVER THERE'S A REASON ANY TO
SAVE THAT THEY CAN ANSWER IT AND
THROW IT AWAY?
THANK YOU --
CENTER COVER YET.
I I DIDN'T GET TO HEAR EVERYONE
TODAY SO I APOLOGIZE BUT I I
REALLY APPRECIATE YOUR COMMENTS
HERE TODAY BECAUSE PART OF THE
DIFFICULTY IS THAT.
AS WE STARTED USING THE DEVICS --
THEY HAD LIMITED I REMEMBER BACK
IN THE DAY WHEN THE CELL PHONE
WAS LIKE A BRICK AND IT WAS NOT
EASY TO USE --
AND AND SO IT'S OVER TIME GOTTEN
MORE AND MORE INTRUSIVE AND I I
DIDN'T REALIZE IT WAS TRACKING
THINGS UNTIL LIKE YOU SAID THESE
CREEPY ADD START POPPING UP
EVERY PLACE THAT I BEEN ASKING
ME CAN.
YOU ONE IF YOU WANT TO RATE THE
RESTAURANTS AND AND IT NOW TELLS
ME THAT TIME TRAVEL HOME NEVER
PUT MY HOME IN HERE BUT MY
TRAVEL HOME.
HOW LONG IT TAKES ME TO GET
THERE AND WHETHER THE TRAFFIC IS
PARTICULARLY BAD THERE ARE TIMES
WHEN THAT KIND OF INFORMATION IS
GREAT BECAUSE THEN YOU CAN SAY
TO HAVE DINNER BECAUSE IT'S
GONNA TAKE ME A LOT LONGER?
BUT BUT TIM REALIZED THAT THAT
INFORMATION IS ACTUALLY BEING
TRACKED AND SOLD AND USED AND
AND MORE AND MORE ARE NOW COMING
THAT WERE WHERE I MAY HAVE JUST
PASSED PLACE I HAVEN'T STOPPED I
HAVEN'T DONE ANYTHING IT.
I'M REALLY GLAD TO HEAR BECAUSE
I KNOW THAT I CAN GET IN HERE
AND AND AND STOP SOME OF THE
TRACKING BUT I CAN'T FIGURE IT
OUT EASILY.
PARTLY BECAUSE SOME OF THE SITES
WILL ASK ME DO YOU CAN I HAVE
YOUR CONTACTS AND YOUR PHOTOS
AND THERE'S ABSOLUTELY NO REASON.
FOR THOSE PARTICULAR
APPLICATIONS I PUSH NO.
THIRD BECAUSE NOW I KNOW AND I
CAN'T USE THE UP AT ALL RIGHT
AND SO I IT IT I REALLY
APPRECIATE YOU SAYING THAT THAT
THAT THAT THAT THERE ARE
SOLUTIONS AND THAT WE CAN
CONTINUE TO ADVANCE --
THE USE OF ELECTRONIC DEVICES
THAT MAKE LIFE EASIER --
BUT I ALSO DON'T WANT TO BE
HACKED DIED AT THE BABY MONITORS
IT YOU CAN YOU CAN GET ON THE
THAT CAN BE HACKED AND PEOPLE
CAN SEE WHAT'S GOING ON IN YOUR
HOUSE.
THAT KIND THAT KIND OF THING
REALLY FRIGHTENS ME AND I THINK
FOR SOMEONE THAT'S OLD LIKE
MYSELF.
I GET CAUTIOUS AND I AND I DON'T
SIGN UP FOR THEM BUT I KNOW THAT
YOUNGER PEOPLE ARE SAYING YES TO
EVERYTHING AND I'VE SEEN THEM
WHEN THEY GO ON A JUST GO YES
YES YES YES YES YES THEY DON'T
IT'S NOT THERE'S NO READING OR
FIGURING IT OUT.
SO THE MORE THAT WE CAN PROVIDE
THE KINDS OF PROTECTIONS THAT
ARE REALLY GOING. TO TO HELP.
AND I'M REALLY HAPPY TO HEAR
YOU'VE GOT A FROM COMING OUT I
WANT TO I WANT TO SEE AND I
WANNA I WANT --
I WANT SOMETHING THAT'S NOT
GOING -- TO
TO TRACK ME AND I FEEL LIKE I
MET RESPONSE WITH REAL QUICK
ABOUT VERY QUICKLY IN FROM THE
HASSLE.
ALL OF THE THINGS THAT YOU'RE
DISCUSSING OUR ABSOLUTE POSSIBLE
TO DO WITHOUT ACTUALLY INVADING
YOUR PRIVACY SO I WANT TO BE
CLEAR.
THAT TECHNOLOGY CAN ADVANCE
FASTER THAN YOUR MIND CAN HANDLE.
WHILE STILL PROTECTING YOUR
PRIVACY THE INNOVATION AND JOBS
CREATED AROUND THE REGULATION IS
GOING TO BE SIGNIFICANT.
AND SO I WANT TO MAKE SURE THAT
CALIFORNIA UNDERSTANDS HOW
VALUABLE THAT IS.
THANK YOU VERY MUCH GREAT.
VERY HELPFUL INSIGHTS I THINK
FROM ALL THE PANELISTS THIS IS
REALLY.
I KNOW I'VE BEEN INCREDIBLY
INFORMED AND WE'RE GOING TO
START REFERRING TO THE CREEPY
FACTOR NOW --
AND SOME OF THIS IS CREEPY --
BUT CERTAINLY THERE ARE A
SERVICES HERE I'LL HAVE TO ASK
MY YOUNGER STAFF TO HELP ME.
GET ON THOSE SERVICES I COULDN'T
FIGURE IT OUT MYSELF.
BUT WE DO HAVE TO BE FLEXIBLE I
THINK WE DO NEED TO PRIORITIZE --
PRIVACY IS A CRITICALLY
IMPORTANT RIGHT HERE IN
CALIFORNIA IT IS FUNDAMENTAL TO
OUR CONSTITUTIONAL RIGHTS AND
THE SAME TIME IF THEIR WAYS THAT
WE CAN --
PROTECT THAT AT THE SAME TIME.
RECOGNIZE THAT THE TECHNOLOGIES
OUT THERE SOME OF THEM ARE JUST
EXTRAORDINARY AND VERY HELPFUL
TO US AND AND YOU'VE CERTAINLY
MADE IT CLEAR THAT YOU BELIEVE
THAT TO BE THE CASE.
SO WITH THAT WILL OPEN IT UP IF
THEY'RE IN OF THERE IS A
MICROPHONE HERE.
IF YOU GIVE US YOUR NAME
AFFILIATION AND TWO MINUTES
PLEASE.
NEXT --
CHRIS ROSE ARE PRESENTING THE
NONPROFIT ALLIANCE WITH THE CCPA
WAS BEING NEGOTIATED DRAFTED
LAST YEAR LEGISLATORS EXEMPTED
NON PROFITS FROM THE BILL AND
WE'RE GRATEFUL FOR THE
LEGISLATURE RECOGNIZING THE
CLEAR INTENT TO EXCLUDE.
NON PROFITS FROM THE DIRECT HITS
OF THE COSTLY IMPACT OF THIS
LEGISLATION.
HOWEVER IT NONPROFIT STONE
OPERATE IN A VACUUM WE USE
CONSUMER DATA AND THIRD PARTY
PROVIDERS TO ENSURE OUR
PROGRAMMATIC IN FUNDRAISING.
MARKETING MESSAGES ARE DELIVERED
TO THOSE MOST LIKELY TO BENEFIT
AND LIKEWISE. TO THOSE WHO WILL
NOT.
NONPROFITS DO NOT HAVE A PROFIT
MARGIN THAT WOULD ALLOW THEM TO
BLANKET THE STATE WITH TO EVERY
RESIDENT TO SEE.
WHO WOULD LIKE TO SUPPORT THE
SIERRA CLUB FOR EXAMPLE HOWEVER
THEY WILL KNOW THAT IF YOU BUY
HIKING BOOTS FROM ARI I?
YOU'RE LIKELY TO SUPPORTNATURE
CONSERVANCY EFFORTS IT'S MORE
EFFICIENT AND COST EFFECTIVE AND
BETTER FOR POTENTIAL DONORS.
OF NON PROFITS TO USE DATA IN A
WAY TO CONNECT WITH PEOPLE.
WE ALSO USE.
DATA FOR TIME TO FOR FILLER
PROGRAMMATIC MISSIONS.
A. R. P. IS A GOOD EXAMPLE OF
HOW WE DO THAT TWIN SENIORS ARE
CLOSING THEMSELVES OFF FROM THE
WORLD IN GETTING ISOLATED AND
THEN THE NEXT DOMINO TO FALL IS
THAT THEY START TO FAIL.
WE USE DATA TO FIND TO THE
SENIORS BECAUSE THEY DON'T WAVE
THEIR HANDS UP AND SAY HEY CAN
SOMEONE HELP ME WE USED IT TO
FIND THEM AND THEN TO CONNECT
THEM. TO VITAL SERVICES.
THE LEGISLATIVE EXEMPTIONS THERE
FOR OUR WE'RE GRATEFUL FOR THEM
AS THEY SAID AND THEY ARE WELL
INTENTIONED BUT WE DO BELIEVE
THAT WE WILL BE THE FIRST TO HIT.
BE HIT WITH THE FINANCIAL
CONSEQUENCES OF OF THE C. C. P.
A..
WHAT WE'RE CONCERNED WITH IN OF
SUFFERING FROM THE FULL IMPACT
OF THE CHANGES IS WHEN OUR
COMMERCIAL PARTNERS ARE FORCED
TO GIVE US AN ULTIMATUM
REGARDING THE COMPLIANCE OF OF
THE CC PA WHICH IS PAY US MORE?
DUE TO CUT --
COMPLIANCE COSTS OR CEASE
ENTIRELY YOUR OUTREACH 212% OF
THE US POPULATION RESIDING IN
CALIFORNIA.
INCREASINGLY NOT SURPRISINGLY
CAL IN THE COUNTRY --
THEY REPRESENT AS MUCH AS 20% OF
THE FUND RAISING SUPPORT TO ALL
NATIONAL CHARITIES.
THEIR SUPPORT --
THERE.
PERSONAL VALUE TO SMALLER STATES
AND REGIONAL ORGANIZATIONS ARE
THAT MUCH MORE EVEN GREATER SO
IT'S NOT AN EXAGGERATION TO SAY
THAT RESTRICTING THE ABILITY TO
REACH CALIFORNIA DONORS.
DUE TO THE COST OF THIS YOU SEE
PA WILL BE DEVASTATING TO NON
PROFITS THROUGHOUT THE COUNTRY
THANK YOU VERY MUCH APPRECIATED
WE HADN'T TALKED ABOUT NON
PROFITS BUT APPRECIATE YOUR YOUR
INSIGHTS AND I'M SURE WE'LL HAVE
FURTHER DISCUSSIONS.
GOOD AFTERNOON.
AND SENATORS BEN HAVING COME
AFTER THE NATIONAL PAYROLL
REPORTING CONSORTIUM WE HAVE
SIMILAR CONCERNS TO THE CHAMBER
OF COMMERCE RELATED.
TO APPLICABILITY OF THE ACT TO
EMPLOYMENT INFORMATION --
WE THINK THERE WAS NOT AN INTENT
TO INCLUDE THAT INFORMATION
THERE DOESN'T SEEM TO BE POLICY.
A DISAGREEMENT BUT I'VE HEARD
LEGAL INTERPRETATIONS ALL ACROSS
THE MAP WITH RESPECT TO THIS
ISSUE AND I THINK IT'S ONE AREA
THAT COULD BENEFIT FROM SOME
CLARIFICATION IF THERE'S NOT A
POLICY DISAGREEMENT SO WE WOULD
ENCOURAGE THE LEGISLATURE TO
CONSIDER.
CLARIFYING THAT ISSUE FOR THE
BENEFIT OF ALL PARTIES THANK YOU
THANK YOU VERY MUCH.
MADAM CHAIR MIKE BELOW IT I WANT
TAKE TWO MINUTES --
I WOULD ASSOCIATE MYSELF AND
WITH MR EBANKS COMMENTS I THINK
YOU'RE GONNA HAVE TROUBLE
FINDING COMMON GROUND ON SOME
ISSUES BUT I THINK THE ISSUE OF
EMPLOYEES AS EMPLOYEES.
NOT BEING CONSUMERS IS SOMETHING
THEY A COUPLE OTHER TARGETED
THINGS --
MISTER MCTAGGART AND OTHERS
REFERRED TO THE QUESTION OF
SHARING RECALL DATA SO YOU CAN
GET CARS FIXED FOR SAFETY I
THINK --
THAT'S SOMETHING WE COULD
PROBABLY ALL GREE ON SOME
TARGETED ISSUES IN TERMS OF
CONFORMITY WITH THE FAIR CREDIT
REPORTING ACT IS SOMETHING WE'D
LIKE TO CONTINUE WORKING WITH
YOU AND YOUR COMMITTEE ON I
DON'T AGREE THAT ANY.
CHANGE IN THE PACKAGE IS
SYNONYMOUS WITH WEAKENING IT I
THINK THAT WE CAN.
A PULLED THE MISSION THAT YOU'VE
ALL UNDERTAKEN HERE BUT MAKE
SOME TARGETED CHANGES AND WE'D
LIKE TO CONTINUE WORKING ON THAT
THANK YOU VERY MUCH MISTER BLOOD.
ARE THERE ANY OTHER [inaudible]
PUBLIC COMMENTS.
THANK YOU FOR YOUR PARTICIPATION
APPRECIATE EVERYONE HAS BEEN
HERE AND OTHER PEOPLE HAVE BEEN
LISTENING AT HOME AND IN OTHER
PLACES.
I HAVEN'T GOTTEN ANY FURTHER TAX
FROM MY HUSBAND SO MAYBE HE WENT
OUT AND PLAYED A ROUND OF GOLF
HELLO IT'S RAINING --
YOU NEVER KNOW AND I GUESS I
COULD FIND OUT IF I KNEW HOW TO
USE THIS --
IN MY PHONE A LITTLE BIT BETTER.
BUT THIS IS REALLY IMPORTANT I
THINK IT'S CRITICAL THAT WE
HIGHLIGHT WHAT IS GOING ON WITH
THE FUTURE LOOKS LIKE IN THAT WE
CAN HAVE A PART IN.
MAKING SURE THAT THE FUTURE IS
REFLECTIVE OF THE NEEDS IN THE
VALUES OF THE PEOPLE WE SERVE SO
WITH THAT.
THANK YOU ALL FOR BEING HERE
THANK YOU FOR YOUR TESTIMONY.
WERE INJURED