Virginia Supreme Court ruling on license plates creates dangerous speed bumps for law enforcement

A license plate number would not be “personal information” because there is nothing about a license plate number that inherently “describes, locates or indexes anything about an individual.” Without something connecting the license plate number to an individual, it is just a combination of letters and numbers that does not describe, locate or index anything about anyone.

The Roanoke Times - Virginia Supreme Court ruling on license plates creates dangerous speed bumps for law enforcement

The Roanoke Times – Virginia Supreme Court ruling on license plates creates dangerous speed bumps for law enforcement

A license plate number would not be “personal information” because there is nothing about a license plate number that inherently “describes, locates or indexes anything about an individual.” Without something connecting the license plate number to an individual, it is just a combination of letters and numbers that does not describe, locate or index anything about anyone.

Harvard Law Review - Ajemian v. Yahoo!, Inc.

Harvard Law Review – Ajemian v. Yahoo!, Inc.

The Uniform Law Commission (ULC) has attempted to bring clarity to this issue. In 2014, it promulgated the original Uniform Fiduciary Access to Digital Assets Act (UFADAA), intending it “to remove barriers to a fiduciary’s access to electronic records. The draft Act gave personal representatives “the right to access . . . content of an electronic communication” unless the decedent explicitly stated otherwise. However, “UFADAA imploded in state legislative halls” due to privacy-related concerns raised by NetChoice — a coalition of internet companies including Yahoo, Google, and Facebook. — and its allies. This pressure led the ULC to promulgate a revised version — RUFADAA — the next year.

 

NetChoice Celebrates Passing of CLOUD Act as part of Omnibus Spending Bill

Washington, D.C. – Today, NetChoice welcomed the news that the Clarifying Lawful Overseas Use of Data (CLOUD) Act has passed Congress as part of the omnibus spending bill and makes its way to the President’s desk to be signed into law.

“When signed into law, the CLOUD Act will improve civil justice in foreign countries while helping law enforcement solve crimes and save lives,” said Carl Szabo, Vice President and General Counsel at NetChoice. “We’re excited for the CLOUD Act to clarify the relationship between law enforcement and cross border data.”

In our op-ed in Morning Consult, Carl explains how the CLOUD Act will encourage strong civil justice protections by requiring high standards for access to U.S.-held data.

NetChoice Celebrates Inclusion of the CLOUD Act in the Omnibus Spending Bill

Washington, D.C. – Today, NetChoice applauded the news that the Clarifying Lawful Overseas Use of Data (CLOUD) Act would be included in the spending omnibus bill.

“The CLOUD Act is a commonsense bill that will improve civil justice in foreign countries while helping law enforcement to solve crimes and save lives,” said Carl Szabo, Vice President and General Counsel at NetChoice. “We’ve seen the failure of trying to force civil justice reforms on foreign countries. The CLOUD Act takes a new approach by positively incentivizing them instead.”

As written in our op-ed in Morning Consult, by requiring high stands of civil justice protections to be able to access U.S.-held data, the CLOUD Act will incentivize foreign countries to adhere to these standards.

“The inclusion of this legislation in the omnibus ensures that this pressing issue can be solved as soon as possible,” continued Szabo. “We look forward to the CLOUD Act being enacted, ensuring law enforcement has clear tools to access data held abroad while protecting the rule of law and civil justice.”

Remembering the Lessons of Right to be Forgotten — A Ruling for Crooks, Felons, and Malpractitioners

Remembering the Lessons of Right to be Forgotten — A Ruling for Crooks, Felons, and Malpractitioners

Last month, Google released an updated transparency report on the impact of the EU’s notorious “Right to be Forgotten” (RTBF) ruling made almost four years ago. This controversial policy requires Google to take down search results when EU citizens demand it. While these requests for censoring must meet a set of criteria, we’ve seen these requests abused resulting in suppression of valuable information… Read more 

Keeping self-driving cars off the road is costing American lives

Last year was the deadliest on American roads in a decade — even as cars have never been safer. In 2016, 40,000 Americans died because of automobile accidents. That’s 100 Americans each day. That’s one death every seven minutes.

In most any other context, we would call this an epidemic and call on our resources to address this dilemma. Unfortunately, some are resisting the best solutions to this epidemic and trying to stop it with illogical arguments.

Human error is to blame for 93 percent of car accidents. So, the best solution is to look for ways to make us all better drivers — or perhaps make it so we don’t have to drive at all.

That’s why it’s so important that we clear the roads for development, testing and deployment of autonomous vehicles or as they are more commonly known, self-driving cars.

READ MORE at Hill

NetChoice Welcomes the ECPA Modernization Act of 2017

“NetChoice welcomes the ECPA Modernization Act of 2017’s common-sense privacy protections for our electronic communications.  Today, our privacy in electronic communication is protected by a 30-year-old law that is decades out of date.  The Act brings the 30-year-old ECPA law into the 21st Century” said NetChoice Senior Policy Counsel Carl Szabo.

State Legislature’s Magazine – Smile, the Camera’s on You

State Legislature’s Magazine – Smile, the Camera’s on You

Carl Szabo, a senior policy counsel at NetChoice, an association for online companies, says that because “the legislative process cannot move at the speed of technology,” the industry has recently published privacy guidelines for the use facial recognition. They recommend businesses: Be transparent about using the technology; ensure the data are kept secure; and give consumers some control over how that information is used.

READ MORE