Attorney General Xavier Becerra (D) released revised draft rules to implement the California Consumer Privacy Act, based on suggestions in about 200 received comments. The AG office wants comments on revisions by Feb. 24, it said in a Friday notice. The AG expects to start enforcing the law July 1, though some are seeking delay (see 2001290040). The AG added guidance on what is personal information, saying it “depends on whether the business maintains information in a manner that ‘identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household.’ For example, if a business collects the IP addresses of visitors to its website but does not link the IP address to any particular consumer or household, and could not reasonably link the IP address with a particular consumer or household, then the IP address would not be ‘personal information.’” Service providers “shall not retain, use, or disclose personal information obtained in the course of providing services except” to perform services specified in the written contract with the business providing it, to retain and employ a subcontractor, for internal use to build or improve services and to detect data security incidents or combat fraudulent or illegal activity, the revised draft says. Another addition says a business may not require a consumer to pay a fee to verify requests for or to delete information. “For example, a business may not require a consumer to provide a notarized affidavit to verify their identity unless the business compensates the consumer for the cost of notarization.” A business may deny a request for specific personal information if it can’t verify the identity of the requestor, said another addition. “If the business has no reasonable method by which it can verify any consumer, the business shall explain why it has no reasonable verification method in its privacy policy.” Notices should be “reasonably” accessible to people with disabilities, said another clarification. The AG also adjusted definitions of some terms including household and added examples illustrating certain rules. "If there are no further changes, the Attorney General will finalize the text of the regulations and other documents in the rulemaking file," a Becerra spokesperson emailed. "The Office of Administrative Law will have 30 business days to review the regulations, and if OAL approves, the rules will go into effect."
Up against deadline to vote legislation out of committee, Washington state’s House Innovation, Technology and Economic Development Committee cleared a comprehensive privacy bill. It's based on a Senate bill that’s supported by Microsoft and opposed by consumer privacy advocates. The committee wrestled with nearly 30 amendments at Friday’s meeting, adopting some changes to tweak various definitions and rejecting sweeping proposals to add a private right of action and remove a section on private use of facial recognition technology.
Virginia municipal broadband advocates will try to broaden support after the legislature decided to delay a bill to clear barriers to municipal broadband. Muni broadband supporters had seen an opening to lift restrictions after Democrats flipped the legislature blue in November’s election (see 2001160002). The Virginia House Counties, Cities and Towns Committee voted by voice last week to “continue” HB-1052 to 2021, meaning it won’t be considered until then. “Progress rarely happens overnight,” Our Revolution Arlington member Detta Kissel emailed Thursday. The progressive group worked with Del. Mark Levine (D) on HB-1052. “Continuing the bill will give the legislature time to study the issue and will give us time to broaden our coalition as we prepare for next year,” Kissel said. Levine didn’t comment.
Local governments and the FCC are gearing up for oral argument Monday at the 9th U.S. Court of Appeals in Pasadena, California, on two commission orders the agency and industry say are needed to streamline 5G infrastructure deployment. Judges’ decision about whether the commission legally pre-empted local authority in the right of way could have broader impact for local authority in telecom, municipal attorneys and others told us.
The FCC must get accurate wireless coverage maps for its proposed 5G fund that’s to replace the terminated Mobility Fund Phase II, said sponsors of a NARUC draft resolution up for vote at state utility commissioners’ Feb. 9-12 meeting in Washington. First fund areas with no wireless service, urged lead sponsor and South Dakota Public Utilities Commissioner Chris Nelson (R). The resolution asks the commission to require current and accurate wireless coverage maps before awarding support, and to prioritize areas without at least 5 Mbps speeds (see 2001280045).
Five advertising associations asked California to delay enforcing its privacy law that took effect Jan. 1. State attorney general enforcement of California Consumer Privacy Act starts July 1, but that office hasn’t finalized implementing rules. The American Association of Advertising Agencies, American Advertising Federation, Association of National Advertisers, Interactive Advertising Bureau and Network Advertising Initiative urged AG Xavier Becerra (D) Wednesday to delay enforcement until at least six months from the date rules are finalized. “Given the extraordinary complexity of the law and the wide range of open issues to be clarified from the draft guidance, there will not be sufficient time for many businesses to effectively implement the final regulations prior to the anticipated enforcement date of July 1, 2020.” The AG didn't comment. Don’t delay, countered Consumer Reports Policy Analyst Maureen Mahoney in a Wednesday interview: “The problem isn’t that there’s a threat of too much enforcement. The problem is that enforcement just isn’t strong enough and that companies aren’t incentivized enough to comply." Consumers must take affirmative action to exercise privacy rights under CCPA, “so any company that’s acting in good faith to respect consumers’ wishes doesn’t have anything to worry about with respect to enforcement,” Mahoney said. “These companies should be more focused on how to respond to consumer requests rather than trying to avoid compliance.” Companies are finding loopholes to CCPA, including by making it harder for consumers to exercise rights by burying or not clearly labeling “do not sell” links on their websites, or by forcing consumers to navigate multiple webpages to fully opt out, she said. While enforcement hasn’t started, companies should be complying now because the AG said he will look back to the law’s Jan. 1 effective date, she said. The AG or state legislature should clarify that transferring data for ad purposes falls under the definition of sale, so when consumers opt out of selling data, that also stops targeted advertising, Mahoney said. Legislators should give the AG more resources to enforce CCPA, and remove the “right to cure” that lets companies address violations within 30 days to avoid penalty, she said.
Receiving FCC funding previously is no reason to exclude New York state from the Rural Digital Opportunity Fund, state government and others from New York said in interviews. New York’s state broadband office, congressional delegation and telecom companies continue to sound the alarm before the FCC’s Thursday vote on the proposed $16 billion program. FCC Commissioner Jessica Rosenworcel echoed New York concerns, in Monday tweets.
TRENTON -- A state senator wants to amend New Jersey’s constitution to stop about 90 percent of 911 fee revenue from being used for unrelated purposes. "It's high time that we say enough is enough,” said Sen. Michael Testa (R) alongside county and wireless officials at a Friday news conference.
Local governments are bracing to oppose another attempt to pass a New York wireless infrastructure proposal, supported by industry, through the budget process (see 1912190063). A 2020-2021 budget bill floated Wednesday in each chamber (AB-9508, S-7458) includes sections on net neutrality and attempts to streamline small-cells deployment by pre-empting local governments in the right of way. Small cells appeared in a New York budget proposal two years ago, but the section was removed amid local government opposition. “Expect similar efforts here,” local government attorney Ken Fellman emailed Thursday.
A West Virginia administrative law judge must rule by July 27 on T-Mobile's transferring Boost Mobile customers to the Dish Network as part of its proposed Sprint buy, said the West Virginia Public Service Commission. The commission referred docket 19-1230-C-PC to the ALJ division Tuesday. Commission staff recommended OK earlier this month (see 2001100025). Once assigned, the ALJ will set a procedural schedule including a deadline for intervenors to contest the case, a PSC spokesperson told us Wednesday. A contested case would require hearings and briefings, but the proceeding could move faster if there isn’t opposition, and staff’s quick OK recommendation might portend sooner resolution, she said. T-Mobile, which had expected to close the deal early this year, declined comment. T-Mobile needs clearance from two federal courts and the California Public Utilities Commission.