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Government Affairs >> Privacy & E-Commerce >> Overview

Privacy & E-Commerce Header

Policy Issues || Weekly Agenda || Objective || Recent Activity

Federal Legislation || State Legislation || About Online Safety || Contact Information

Policy Issues
AeA is currently following these Privacy & E-Commerce issues in the states and federal government:

AeA Positions on Policy Issues

Weekly Agenda

This past weeks' E-Commerce Agenda for 4/17/08 included:

Action on bills relating to

  • Security breaches
  • Credit freezes
  • Identity theft
  • Business use of SS#'s
  • Spam
  • Age verification
  • Online rebates
  • Prevention of solicitation of minors

States included: AK, CA, IL, IA, KY, MA, MD, NJ, NH, NY, OK, SC, WI, DC

Past Agendas

Objective

As use of the Internet continues to grow, online vendors are gathering more information about the purchasing habits of their customers. The increase in the collection and use of this data has raised public concern over precisely what information is being collected about consumers, how that information is being used, and whether it is being transferred to third parties. As a result, addressing concerns related to the collection and use of consumer information is becoming of paramount importance to legislators at the state and federal levels.

Also, greater attention is being paid to one issue that is quickly moving from a mere annoyance to a genuine problem: that of unsolicited commercial email, or Spam. While many legitimate direct marketers use email as a method to reach current and potential customers, an increasing number of illegitimate scam artists are using it to promote illegal and fraudulent material to unsuspecting consumers. Both Congress and state legislatures are mobilizing to attack this problem.

Recent Activity

 

March 9, 2008:  Statement before a public hearing on Alaska Senate Labor & Commerce Committee on House Bill 65...read more.

March 6, 2008: AeA voices concerns in letter to letter to Judiciary Chair Jeff Kessler regarding changes to HB 4053. Concerns include language of "unauthorized use" and access. The change would increase liability of legitimate companies that provide beneficial services....read more

March 3, 2008: AeA voices concerns over imposing liability on businesses that experience security breaches....read more

March 3, 2008: Letter to the Commerce Committee Chair Warnstadt voicing concerns over SSB 3200. AeA concerns included lack of a provision excluding publicly available information. AeA recommended the definition of personal identifying information include an exception for publicly available information....read more

February 25, 2008: AeA letter to IL Minority Leader Tom Cross voicing AeA concerns over HB 4874 in the IL House...read more

February 15, 2008: AeA letter opposing passage of IA HF 2202. HF 2202 sought to impose Age Verification criminal liability on websites....read more

February 15, 2008: AeA letter to MS Judiciary Chair Gray Tollison on SB 2586. AeA voices concerns over SB 2586 including the provision holding companies criminally liable for Age Verification failures....read more

February 12, 2008:  AeA Memorandum supporting Electronic Security and Targeting of Online Predators Act (ESTOP)...read more.

February 8, 2008:  AeA Letter sent to the Colorado Judiciary Committee concerning the Internet Sale Auction Act (HB 1154)...read more.

February 7, 2008: AeA letter to GA State Senator Cecil Staton voicing AeA concerns over SB 59 in the GA State Senate....read more.

February 5, 2008AeA Letter sent to CO Rep Morgan Carroll concerning the Spam Reduction Act HB 1178...read more.

February 5, 2008: AeA letter supporting the Uniform Unclaimed Property Act of 1995 (UUPA) and voicing concerns over SB 414. SB 414 would not be uniform with similar provisions across the country....read more

February 1, 2008: AeA letter voicing concerns over HB 139. AeA concerns included labeling of devices as "wirelessly capable of accessing the internet". AeA also concerned about provision that would require providers to prevent minors from access, in essence creating an Age Verification provision....read more

January 31, 2008: AeA voices concerns to the NY Senate Codes Committee on on Child Online Safety laws, education, and awareness....read more

January 28, 2008: AeA letter voicing concerns over SB 453. AeA believes that it is imperative that data breach legislation identify the State Attorney General as the only enforcement body. S 453 includes a "Private Right of Action" provision....read more

January 14, 2008: AeA letter to Senate Commerce, Labor and Consumer Protection Committee Chair David M. Gottesman. AeA voices concerns over SB 315. AeA recommends that the punishment for phishing should be stiffer than administrative fines and should include criminal penalties....read more

January 11, 2008 Statement before a public hearing on regulations 201 CMR 17.00: Standards for the protection of personal information of residents of the commonwealth...read more.

January 9, 2008: AeA voices concerns over S 453 provisions including Private Right of Action, use of Social Security Numbers, and Personal Identifying Information....read more

Past Activities

Federal Legislation

HR 964 (Spy Act)

To protect users of the Internet from unknowing transmission of their personally identifiable information through spyware programs, and for other purposes.
Sponsor: Rep Towns, Edolphus [NY-10] (introduced 2/8/2007)


HR 1525 (I-Spy)

To amend title 18, United States Code, to discourage spyware, and for other purposes.
Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 3/14/2007)


S.1178 Identity Theft Prevention Act

A bill to strengthen data protection and safeguards, require data breach notification, and further prevent identity theft.
Sponsor: Sen Inouye, Daniel K. [HI] (introduced 4/20/2007)      
Related Bills: S.806


S. 495 Personal Data Privacy and Security Act of 2007

A bill to prevent and mitigate identity theft, to ensure privacy, to provide notice of security breaches, and to enhance criminal penalties, law enforcement assistance, and other protections against security breaches, fraudulent access, and misuse of personally identifiable information.
Sponsor: Sen Leahy, Patrick J. [VT] (introduced 2/6/2007)


S. 239 Notification of Risk to Personal Data Act

A bill to require Federal agencies, and persons engaged in interstate commerce, in possession of data containing sensitive personally identifiable information, to disclose any breach of such information.
Sponsor: Sen Feinstein, Dianne [CA] (introduced 1/10/2007)


S. 1202 Personal Data Protection

A bill to require agencies and persons in possession of computerized data containing sensitive personal information, to disclose security breaches where such breach poses a significant risk of identity theft.
Sponsor: Sen Sessions, Jeff [AL] (introduced 4/24/2007)

State Legislation
Recent AeA State Government Affairs E-Commerce, Privacy, and Child Online Safety Policy Activity

  • Florida Ban on The Use of Cellular Phones by Drivers Not Using Hands-Free Devices
    Prohibits the use of a cellular phone while dialing, sending a call, texting, listening, or speaking while operating a motor vehicle without using a headset or hands-free device. Provides an exception for safety or law enforcement purposes, if the use is approved by the Department of Highway Safety...Read More

  • Florida Ban on The Use of Wireless Devices by Drivers Under 18 Years Old
    Prohibits a person under 18 years of age from using a wireless communications device while operating a motor vehicle....Read More

  • Florida Online Dating Safety/Internet Safety Education Program
    The original bill required online dating service providers offering services to members in Florida to provide a safety-awareness notification containing information that includes a list and description of safety measures for online dating. Also requires that the notification includes whether or not...Read More

  • Florida Ban on Text Messages While Driving
    These bills prohibit the operation of a motor vehicle while reading, manually writing, or sending a message on a wireless communication device. This ban would not apply to persons operating an emergence vehicle, or using the device to report illegal activity, summon medical or emergency help, or pr...Read More

  • Florida Data Theft
    These bills amend existing Florida law regarding intellectual property to add a provision that anyone who, in the course of providing computer maintenance or support to a customer, knowingly or negligently transfers personal data from one computer to another without the express written permission of...Read More

Learn More

About Online Safety

Just as in the "real" world, online interactions can have real life consequences. From indirect threats such as misinformation and teasing that damages reputations, to direct physical threats such as sexual predators or bullying, there are many issues in the area of Online Safety. Here are some of the top issues:

  • Cyberbullying
  • Sex Predators
  • Character Defamation
  • Identity Theft

Definitions, resources, and examples of Online Safety issues

Contact Information

John Palafoutas
Senior Vice President
601 Pennsylvania Ave, NW
Suite 600, North Building
Washington, DC 20004
P:
202.682.4451

F: 202.682.9111

john_palafoutas@aeanet.org

This page was last updated on 04/23/08.  
Copyright © 2007 American Electronics Association.  All rights reserved.aea logo

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