- The Data Broker Accountability and Transparency Act S. 668 /H.R. 580
S. 688
Prohibits data brokers from obtaining or causing to be disclosed personal information or any other information relating to any person by making a false, fictitious, or fraudulent statement or representation, including by providing any document that the broker knows or should know to: (1) be forged, counterfeit, lost, stolen, or fraudulently obtained; or (2) contain a false, fictitious, or fraudulent statement or representation.
Defines "data broker" as a commercial entity that collects, assembles, or maintains personal information concerning an individual who is not a customer or an employee of that entity in order to sell or provide third party access to the information. Allows the Federal Trade Commission (FTC) to exempt certain data brokers from this Act.
Requires data brokers to establish procedures to ensure the accuracy of: (1) the personal information they collect, assemble, or maintain; and (2) any other information that specifically identifies an individual, unless the information only identifies an individual's name or address.
Requires data brokers to provide individuals a cost-free means to review their personal or identifying information.
Allows individuals to dispute the accuracy of their personal information with a written request that the data broker make a correction.
Requires a data broker, with regard to disputed public record information that is available for public inspection from federal, state, or local governments, to: (1) inform the individual of the source of the information and, if reasonably available, where to direct the individual's request for correction; or (2) correct the inaccuracy in the broker's records if the individual provides proof that the public record has been corrected or that the broker was reporting the information incorrectly.
Requires a data broker, with regard to disputed non-public information of a private nature, to: (1) note the information that is disputed, (2) independently verify the information, and (3) correct the inaccuracy if the broker was reporting the information incorrectly.
Requires data brokers to provide individuals with a reasonable means of expressing a preference to exclude their information from being used, shared, or sold for marketing purposes.
Sets forth authority for the FTC and states to enforce this Act.
Sponsor: Sen Markey, Edward J. [MA] (introduced 3/4/2015) Cosponsors (3)
Latest Major Action: 3/4/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Commerce, Science, and Transportation.
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H.R. 580Requires the Federal Trade Commission (FTC) to promulgate regulations requiring each person engaged in interstate commerce that owns or possesses data containing personal information to establish specified security policies and procedures to treat and protect such information. Requires the regulations to include methods for disposing of both electronic and nonelectronic data. Requires information brokers to submit their security policies to the FTC in conjunction with a notification of a security breach notification or upon the FTC's request. Authorizes the FTC to conduct information security practices audits of brokers who have had a security breach or require such brokers to conduct independent audits. Requires information brokers to: (1) establish procedures to verify the accuracy of information that identifies individuals, (2) provide to individuals whose personal information it maintains a means to review it, (3) place a conspicuous notice on the Internet instructing individuals how to request access to such information, and (4) correct inaccurate information. Directs the FTC to require information brokers to establish measures which facilitate the auditing or retracing of access to, or transmissions of, any data containing personal information. Makes it unlawful for information brokers to obtain or disclose personal information by false pretenses (pretexting). Requires such person to notify the FTC and affected individuals of information security breaches. Sets forth requirements concerning such notification, including method of notification requirements and timeliness requirements. Allows an exemption from notification requirements if such person determines that there is no reasonable risk of identity theft, fraud, or other unlawful conduct. Preempts state information security laws. Sponsor: Rep Rush, Bobby L. [IL-1] (introduced 1/28/2015) Latest Major Action:1/30/2015 Referred to House subcommittee. Status: Referred to the Subcommittee on Commerce, Manufacturing, and Trade. S. 237
Amends the federal criminal code to prohibit intentionally: (1) intercepting geolocation information pertaining to another person; (2) disclosing to any other person such information pertaining to another, knowing that the information was obtained in violation of this Act; (3) using geolocation information, knowing that the information was obtained in violation of this Act; or (4) disclosing to any other person the geolocation information pertaining to another person intercepted by means authorized under this Act, knowing that the information was obtained in connection with a criminal investigation, having obtained or received information in connection with a criminal investigation, with intent to improperly obstruct, impede, or interfere with a duly authorized criminal investigation. Sets penalties for violations.
Makes specified exceptions for interceptions involving: (1) information acquired by a provider of a covered service (electronic communication service, remote computing service, or geolocation information service) in the normal course of business; (2) federal officers, employees, or agents conducting foreign intelligence surveillance; (3) persons having given prior consent; (4) public information; (5) emergency information; (6) theft; and (7) a warrant.
Prohibits: (1) a person providing a covered service from intentionally divulging geolocation information pertaining to another person, with exceptions; and (2) the use of such information, and evidence derived from it, as evidence. Authorizes: (1) the use of geolocation information by investigative or law enforcement officers, or by a state's principal prosecuting attorney, to intercept such information under specified emergency circumstances; and (2) the recovery of civil damages by any person whose geolocation information is intercepted, disclosed, or intentionally used in violation of this Act.
Modifies the Federal Rules of Criminal Procedure to require a search warrant to acquire geolocation information.
Amends the federal criminal code to include any geolocation information service within the definition of a "covered entity" for purposes of provisions prohibiting obtaining confidential phone records information from such an entity by fraud or related activity.
Directs the United States Sentencing Commission to review the federal sentencing guidelines and policy statements applicable to persons convicted of fraud and related activity in connection with obtaining certain confidential phone records information.
Prohibits acquiring geolocation information of a person for protective activities or law enforcement or intelligence purposes except pursuant to a warrant issued under the Federal Rules of Criminal Procedure or the Foreign Intelligence Surveillance Act.
Sponsor:Sen Wyden, Ron [OR] (introduced 1/22/2015)
Latest Major Action:1/22/2015 Referred to Senate committee.
Status: Read twice and referred to the Committee on the Judiciary.
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H.R. 491
Amends the federal criminal code to prohibit intentionally: (1) intercepting geolocation information pertaining to another person; (2) disclosing to any other person such information pertaining to another, knowing that the information was obtained in violation of this Act; (3) using geolocation information, knowing that the information was obtained in violation of this Act; or (4) disclosing to any other person the geolocation information pertaining to another person intercepted by means authorized under this Act, knowing that the information was obtained in connection with a criminal investigation, having obtained or received information in connection with a criminal investigation, with intent to improperly obstruct, impede, or interfere with a duly authorized criminal investigation. Sets penalties for violations.
Makes specified exceptions for interceptions involving: (1) information acquired by a provider of covered services (electronic communication service, remote computing service, or geolocation information service) in the normal course of business; (2) federal officers, employees, or agents conducting foreign intelligence surveillance; (3) persons having given prior consent; (4) public information; (5) emergency information; (6) theft; and (7) a warrant.
Prohibits: (1) a person providing covered services from intentionally divulging geolocation information pertaining to another person, with exceptions; and (2) the use of such information, and evidence derived from it, as evidence. Authorizes: (1) the use of geolocation information by investigative or law enforcement officers, or by a state's principal prosecuting attorney, to intercept such information under specified emergency circumstances; and (2) the recovery of civil damages by any person whose geolocation information is intercepted, disclosed, or intentionally used in violation of this Act.
Modifies the Federal Rules of Criminal Procedure to require a search warrant to acquire geolocation information.
Amends the federal criminal code to include any geolocation information service within the definition of a "covered entity" for purposes of provisions prohibiting obtaining confidential phone records information from such an entity by fraud or related activity.
Directs the United States Sentencing Commission to review the federal sentencing guidelines and policy statements applicable to persons convicted of fraud and related activity in connection with obtaining certain confidential phone records information.
Prohibits acquiring geolocation information of a person for protective activities or law enforcement or intelligence purposes except pursuant to a warrant issued under the Federal Rules of Criminal Procedure or the Foreign Intelligence Surveillance Act.
Latest Major Action: 2/19/2015 Referred to House subcommittee. Status: Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations. - Federal Drone Regulations
1. [114th] H.R.798 : Responsible Skies Act of 2015
Committees: House Transportation and Infrastructure Latest Major Action: 2/6/2015 Referred to House subcommittee. Status: Referred to the Subcommittee on Aviation.
To require the Administrator of the Federal Aviation Administration to use the definitions in section 40125 of title 49, United States Code, in determining whether an unmanned aircraft conducting aeronautical research flights qualifies for public aircraft status under that section, and for other purposes. Sponsor: Rep Young, Don [AK] (introduced 2/9/2015) Cosponsors (None) Committees: House Transportation and Infrastructure Latest Major Action: 2/10/2015 Referred to House subcommittee. Status: Referred to the Subcommittee on Aviation.
Drone Aircraft Privacy and Transparency Act of 2015
Committees: House Transportation and Infrastructure; House Energy and Commerce
Latest Major Action: 3/6/2015 Referred to House subcommittee. Status: Referred to the Subcommittee on Commerce, Manufacturing, and Trade.
Safe Skies for Unmanned Aircraft Act of 2015
Committees: Senate Commerce, Science, and Transportation
Latest Major Action: 2/5/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Commerce, Science, and Transportation.
Drone Aircraft Privacy and Transparency Act of 2015
Sponsor: Sen Markey, Edward J. [MA] (introduced 3/3/2015) Cosponsors (None) Committees: Senate Commerce, Science, and Transportation Latest Major Action: 3/3/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Commerce, Science, and Transportation. ~~~~
We have some significant issues to address this year. I hope to see you in DC!!!
NCISS Legislative Chair - Investigation Francie.Koehler@gmail.com
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