Privacy News: August 1

It's been a while since the last Privacy News, and there's a lot going on!

Privacy After Roe

These Companies Know You’re Pregnant—And They’re Not Keeping It Secret

Shoshana Wodinsky and Kyle Barr, The A.V. Club on Gizmodo (gizmodo.com)

Gizmodo identified 32 different brokers across the U.S. selling access to the unique mobile IDs from some 2.9 billion profiles of people pegged as “actively pregnant” or “shopping for maternity products.”  Hundreds of millions more profiles were  labeled “interested in pregnancy” or “intending to become pregnant.”  Here sthe spreasheet with all thei info.

Gizmodo was able to figure out the likel data sources for 19 of these brokers.  For example:

coupons.comPlan Bproprietary ad network

SEE ALSO: Data brokers shrug off pressure to stop collecting info on pregnant people, by Alfred Ng on Politico, a very good complement to the Gizmodo article.

South Carolina bill outlaws websites that tell how to get an abortion

Cat Zakrzewski on The Washington Post (washingtonpost.com)

A new bill in the  South Carolina legislature, modeled after the National Right to Life Committee's model bill, would make it illegal to “aid, abet or conspire with someone” to obtain an abortion.

Federal Privacy Legislation

Further Thoughts on ADPPA, the Federal Comprehensive Privacy Bill

Daniel Solove on TeachPrivacy (teachprivacy.com)

Well-respected privacy scholar Daniel Solove follows up on his previous analogy that ADPPA's preemption is a Faustian bargain, responding to comments by Omer Tene.  He starts by clarifying that his "B+" grade for ADPPA was on a curve:

argued extensively in my scholarship

He also highights an issue with ADPPA's private right of action I haven't seen others mention:

But if ADPPA preempts state privacy laws, then this forces people to use the private right of action in federal court, where people must deal with the dragon of standing. The U.S. Supreme Court has worked its typical mischief upon standing doctrine, altering it to shut out many valid cases involving clear violations of federal privacy statutes with causes of action. The Court has found ways to creatively interpret away statutory damages provisions (Doe v. Chao). And, more recently in its war against plaintiffs, the Court has allowed courts to throw out cases brought under private rights of action if courts don’t think that there’s a harm. Courts have struggled to recognize privacy harms.

And he highlights another important problem with ADPPA's preemption:

Omer Tene responds on LinkedIn.

ALSO:

• The California Privacy Protection Agency, in a special board meeting, voted unanimously to oppose the current version of ADPPA – or any federal privacy bill that preempts California's CPRA or interferes with CPPA's enforcement.   Friday's newsletter went into detail on this with Is there an elephant in the Zoom room? CPPA says no to ADPPA preempting California law
• Julia Angwin of The Markup interviews Brookings' Cameron Kerry in Federal Privacy Law Has Momentum, but There’s a Catch
• Mike Swift looks in detail at the FTC enforcement aspects of ADPPA in Federal privacy legislation would transform US FTC with new Bureau of Privacy on LexisNexis' Mlex.

US Senate committee advances two children’s privacy bills

Alex LaCasse on IAPP's Privacy Advisor (iapp.com)

The Senate Commerce Committee voted to advance the Chidren and Teens Online Privacy Protection Act (CTOPPA), which strengthens and updates COPPA, and the Kids Online Safety Act (KOSA), which requires technology companies to prevent harm to minors while mandating more transparency in their algorithms for users and researchers.

We've got more background in our live-tweet thread of the brief markup session – or if you prefer, here's an "unrolled" version, via ThreadReaderApp, with all the tweets on a single page.

And ...

Who Is Collecting Data from Your Car?, Jon Keegan and Alfred Ng, The Markup (themarkup.org)

Sweden to ban unregistered pre-paid mobile phones,  The Local SE (thelocal.se)

A Cyberattack Illuminates the Shaky State of Student Privacy, Natasha Singer, New York Times (nytimes.com)

Meta must disclose India’s Human Rights Impact Assessment, Leanna Garfield on Access Now (accessnow.org)

India Delays Introduction of Data Protection Bill Before Parliament, Hunton Andrews Kurth’s Privacy and Cybersecurity on The National Law Review (natlawreview.com)

The DHS Bought a ‘Shocking Amount’ of Phone-Tracking Data, on WIRED (wired.com)

TROPT Ethical, Responsible & Privacy Tech Unconference 2022, September 28, on hopin.com

Intel, SpaceX, Philip Morris, and dozens of other US companies were in a leaked database of users for a Russian facial recognition company,  Caroline Haskins , Insider (businessinsider.com)

A Stanford Graduate Raises $2M To Plug Privacy Into The Right Web3 Socket, Frederick Daso on Forbes (forbes.com)

Some popular children’s apps contain ‘risky’ code transmitting sensitive data, audit finds Leonie Thorne on ABC News (abc.net.au)

A Frozen Document in China Unleashes a Furor Over Privacy, Wenxin Fan on WSJ (wsj.com)

ShotSpotter held in contempt of court, Matt Chapman and Jim Daley, Chicago Reader (chicagoreader.com)

California privacy rules target dark patterns through technology design, Robert Freedman on Cybersecurity Dive (cybersecuritydive.com)

UK and US seek out privacy-enhancing innovations, E&T editorial staff on E&T Magazine (eandt.theiet.org)

Indian women shunning Facebook due to safety, privacy concerns: Study, Ayushi Kar on The Hindu BusinessLine (thehindubusinessline.com)

Conceptions of Privacy Shouldn’t Stand in the Way of Privacy Standing, Caprice Roberts on Lex (lex.jotwell.com)

Meta Platforms CEO Zuckerberg to testify in Cambridge Analytica privacy lawsuit, Al Arabiya English on Al Arabiya English (english.alarabiya.net)

Image Credit: Privacy by Nick Youngson CC BY-SA 3.0 Alpha Stock Images via Picpedia.