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bill Progress


  • Not enacted
    The President has not signed this bill
  • The house has not voted
  • The senate has not voted
      senate Committees
      Senate Committee on Commerce, Science, and Transportation
    IntroducedApril 23rd, 2018

What is it?

This bill would aim to increase privacy protections for users of social media and other online platforms by strengthening consumers’ options for seeking recourse when data breaches occur and ensuring companies comply with privacy policies that protect consumers.

Terms of service agreements would have to be written in plain language and users would have the ability to see what information about them has already been collected and shared. Users would be provided with greater access to and control over their data, and would have the right to opt-out and keep their information private by disabling data tracking and collection.

Online platforms would be required to have a privacy program in place that’d be audited at least once every two years. They would be required to notify users of a data breach within 72 hours of it occurring.

The Federal Trade Commission (FTC) would be empowered to take civil action against violations of privacy protections as unfair and deceptive trade practices (including against common carriers and non-profits). State attorneys general could also take action after notifying the FTC to give federal authorities a chance to intervene as states couldn’t pursue civil actions against a defendant that’s subject to an FTC action.

This requirements of this legislation would take effect 180 days after enactment, and would not apply retroactively.

Impact

Users of social media and other online platforms; companies providing such services; state attorneys general; and the FTC.

Cost

A CBO cost estimate is unavailable.

More Information

In-Depth: Sponsoring Sen. Amy Klobuchar (D-MN) introduced this bill to protect consumers’ online data:

“Every day companies profit off of the data they’re collecting from Americans, yet leave consumers completely in the dark about how their personal information, online behavior, and private messages are being used. Consumers should have the right to control their personal data and that means allowing them to opt out of having their data and that means allowing them to opt out of having their data collected and tracked and alerting them within 72 hours when a privacy violation occurs and their personal information may be compromised. This digital space can’t keep operating like the Wild West at the expense of our privacy.”

Original cosponsor Sen. John Kennedy (R-LA) added:

“I don’t want to hurt Facebook, and I don’t want to regulate them half to death, either. But I have a job to do, and that’s protecting the rights and privacy of our citizens. Our bill gives consumers more control over their private data, requires user agreements to be written in plain English and requires companies to notify users of privacy violations. These are just simple steps that online platforms should have implemented in the first place.”


Media:

Summary by Eric Revell

(Photo Credit: bigtunaonline / iStock)

AKA

Social Media Privacy Protection and Consumer Rights Act of 2018

Official Title

A bill to protect the privacy of users of social media and other online platforms.

    We have limited privacy in modern society let's prevent losing all privacy.
    Like (67)
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    Under its' current leadership, the FTC cannot be trusted with consumer privacy. Not after they gutted net neutrality for profit. Keep Ajit Pai out of our privacy - period.
    Like (37)
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    Sounds great, it’s much needed. I’d like to see the sponsor, Senator Amy Klobuchar run for President. Very intelligent woman and well respected by her peers.
    Like (29)
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    This is long overdue and a no brainer
    Like (28)
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    Our privacy should be sacrosanct and by rights we, the consumers, who make CEOs wealthy, should have the right to opt out of data collection. So fed up with corporations and Big Business treating us who make them wealthy by purchasing their items, like we're expendable, like we don't matter, like only our money is important and what we don't know won't hurt us, when it certainly will. I vote in favor of strengthening protections for consumers’ online data.
    Like (28)
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    We are way behind in this area. Such measures are already in place in other first world countries.
    Like (27)
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    With data breaches happening all the time due in part to inadequate security, we need legislation to help reduce it. I’ve had my information stolen in a breach at the government’s Office of Personnel Management and also the Equifax one. Having blind trust that organizations have the knowledge, ability and willingness to protect our information clearly isn’t working well enough.
    Like (18)
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    Protect privacy
    Like (14)
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    S 2718-Social Media Privacy Protection & Consumer Rights Act I’d support a and recommend the passage of SENATE bill S 2718 AKA Social Media Privacy Protection and Consumer Rights Act of 2018 which would increase the privacy protections for users of social media and other online platforms by strengthening consumers’ options for seeking recourse when data breaches occur and ensuring companies comply with privacy policies that protect consumers. This bipartisan bill would ensure stronger protections for consumers’ online data by requiring companies to make privacy disclosures clearer and more transparent and giving consumers power to opt out of data collection. Letting the FTC take the lead on enforcement makes sense. SneakyPete..... 👍🏻👍🏻😉👍🏻👍🏻. 12*1*18.....
    Like (13)
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    Yes it’s needed! Recently there has been a lot of breaching going on and disclosures are hard to understand for most people so simplifying them and heightening security would be beneficial
    Like (11)
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    Personal information can be used to destroy people. It should be well protected.
    Like (8)
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    A digital identity is as important as ones physical identity in the modern economy. Just as the laws protecting mail delivery provide an inherent protection to a citizens physical identity, similar laws should exist to protect the digital identities of citizens.
    Like (7)
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    This is LONG overdue. Why should our information be compromised because a retailer, hotel or online service doesn’t take all security precautions. We get our info stolen and all we get is a “sorry” and then we have to deal with the consequences
    Like (7)
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    Yes but what’s the point surely they Must have everyone’s data by now.
    Like (6)
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    It doesn’t go far enough. People’s data is their own.
    Like (6)
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    As a previous commenter, Anne-Marie, said, "Under its' current leadership, the FTC cannot be trusted with consumer privacy. Not after they gutted net neutrality for profit. Keep Ajit Pai out of our privacy - period." when there are reasonable, competent people in the FTC I would be all for this, but that is definitely not the case right now. This would turn into a way for the FTC to stop anyone from actually regulating privacy.
    Like (6)
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    Along with this bill which is a good thing we need to restore net neutrality which is also a good thing and provides a Level Playing Field for consumers of Internet services. It's time to put the people first instead of corporate America.
    Like (5)
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    This is one of the best, most carefully thought out data privacy bills I’ve seen for online data. I would expect no less from Senator Klobuchar.
    Like (5)
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    The companies that compromise our information, should be punished. It’s happening more and more with no real impact on the companies. They have a brief moment of embarrassment and maybe a lawsuit or two and that’s all. They should be fined and forced to pay restitution to everyone that had info stolen. If that happened once it would change the way all companies handled our information. And we cannot sign away our rights to sue when we click on an agreement that is 10,000 words long and changes ever other month.
    Like (4)
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    Banks can’t leave your cash out in the open. Hospitals can’t publish your records. Lawyers can’t broadcast your messy divorce. It only makes sense to secure personal information.
    Like (4)
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