The Best Law You’ve Never Heard Of

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Americans should feel angry about companies harvesting every piece of our data so that they can sell us sneakers or rate our credibility. But a data protection law, about which only a few of us know, should be expected.

I’m talking about the Biometric Information Privacy Act of Illinois, or BIPA. It is one of the toughest privacy laws in the United States. And it passed in 2008, when most of us did not have smartphones and could not imagine Alexa in our kitchen.

It only applies to Illinois residents and there is no limit to what companies do with our body data, such as face scans and fingerprints. But its principles and legacy suggest that effective laws can measure control from information-giving companies.

BIPA can also show that states can be America’s best laboratory To deal with the ups and downs of digital life.

The pedestrian origin of the law describes how this resulted. In 2007, a company that let customers pay in stores with their fingerprints went bust and it discussed selling fingerprint databases. Those who thought that creepy want to stop such activities.

Some outsiders noted the conversation on BIPA, and this may have been the secret of its success. Now, tech companies remove armies to disregard or shape proposed regulations.

Law lesson Simple but deep, Adam Schwartz, A senior staff attorney with the Electronic Frontier Foundation, told me.

First, companies behind voice assistants or technologies like Photo identification Services cannot use biometric details of people without their knowledge or consent. Some US privacy laws go too far – and probably none again. Usually we should agree to whatever companies want to do with our data, or not use the service.

Second, BIPA forces companies to limit the data they collect. Those two principles are Europe’s historical data privacy law, Too.

And third, the law allows people – not just states – to litigate companies. (More on this below)

One practical effect of BIPA is that Google’s Nest security cameras do not provide a feature in Illinois Recognize familiar faces. BIPA may cause Facebook Closed a facility Which identifies faces in online photos. Illinois law is the basis of some lawsuits challenging the Clive AI. Take crores of photos from internet.

However, BIPA did not prevent the data-monitoring economy from going out of control.

But Schwartz said the companies’ collection of our personal information would have been bad without the law. “BIPA is the gold standard and the kind of thing we want to see in all privacy laws,” he said.

I have previously written about the need for a comprehensive national privacy law, but perhaps it is not necessary. Instead of relying on a dysfunctional Congress, we can be a patchwork of state measures, such as BIPA and less aggressive versions of California Buggy but promising data privacy law.

“There is not a magic bill that is going to repeal bid-secrecy,” said Alastor Mectgart, founder of California for Consumer Privacy, which Those twin consumer privacy laws supported. He said that 50 privacy laws can be messy but better than a weak national law.

BIPA also shows that we should not feel helpless in controlling our personal information. A data-surveillance machine can be operated. “The status quo is not predetermined,” Schwartz said.

I try not to bore you (and myself) with law-making sausages. Allow me, however, to allow two states to consider regulation on technology companies, including data privacy, online expression, and restrictions on their powers, as more states and Congress.

Those are the conditions Private right to act And Shufa.

The first one means, basically, anyone can sue a government company – not just government officials.

Broadly speaking, politicians (and lawyers) on the left say that private prosecutions are an effective remedy for accountability. Lawists of the right and many professions say that they are a waste of time and money.

This right to sue would be a central point of controversy regarding any battle over technology regulation.

Democrats in Congress said they wanted to tame the power of Big Tech, for example, businessmen who feel their businesses are sued by Amazon for anticompetitive actions by the company. It is a deal breaker for many Republicans.

California’s privacy law empowers people to sue for data security breaches. Data privacy bills that are considered more favorable for businesses – such as A pending law in Virginia – Generally do not give people the ability to sue.

And on pre-emulation: it essentially means that any federal law trumps state laws.

Get comfortable with this concept as well, as it may be at the center of future technological skirmishes. My colleague David McCabe said Tech companies worried about future local or state digital privacy laws have talked about congressional legislation that would affect states.

  • The news is back on Facebook in Australia: My colleagues Mike Issac and Damian Kew reported that Facebook has Made a temporary agreement On an Australian bill that would pay tech companies for news links. As a result, Facebook blocked news in the country.

  • Buggy software keeping people in jail? Public radio station KJZZ in Phoenix Reports Hundreds of people who should be eligible for release from state prisons are instead being held there because the software has not included the updated sentencing laws.

  • She wants parts of online learning to be around: 14-year-old student Rory Selinger wrote on OneZero Distance education has freed him To adopt their own learning style, their teachers respond immediately and reduce the social pressures of the school. She wants to redefine the flexibility of online education.

Blessings of this TikTok video Adorable presentation chihuahua.

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