Each week, we review the weeks news, offering analysis about the most important developments in the tech industry.
Greetings from New York Times HQ in Midtown Manhattan. Im Natasha Singer, a tech reporter covering privacy, and Im bringing you the weeks tech news.
While many eyes were focused on the impeachment saga playing out in Washington, one person in San Francisco was taking on the entire tech industry. Again.
In 2017, Alastair Mactaggart, a wealthy real estate developer, founded and started financing a push for data rights for Californians. The effort led California lawmakers to enact the nations most comprehensive state consumer privacy law last year. Ever since then, tech companies and industry groups have maneuvered to water down its consumer protections.
Now Mr. Mactaggart is back with a new campaign.
Hes starting a ballot initiative that would amend the new law, the California Consumer Privacy Act, which takes effect on Jan. 1. He wants broader data control rights for Californians and new requirements on companies.
Among other things, his amendments would triple the laws fines for violations of childrens privacy.
The ballot initiative also has a political component. It would require companies that profited from using Californians personal data for election influence campaigns to disclose their practices to consumers and the state authorities.
When it comes to privacy protections, it seems, Californians have a big advantage over many other Americans. And not just because California was the first state to pass laws requiring companies to disclose data breaches and the first to grant minors the right to erase their online posts and photos.
The privacy laws illustrate differing governmental views on citizens rights.
The United States Constitution, for instance, does not explicitly grant an inalienable right to privacy. Although the Fourth Amendment protects people from unreasonable government searches and seizure, it does not safeguard us against intrusive and ubiquitous snooping by tech giants and other corporations.
The Constitution of California, however, grants a right to privacy putting it on equal footing with the rights to life, liberty, the pursuit of happiness, freedom of speech and freedom of religion.
The Charter of European Union goes even further. It recognizes privacy and, separately, the protection of personal data as fundamental human rights.
If you think about our other fundamental rights as a country, no one is spending millions and millions of dollars trying to undermine the First Amendment or the freedom of religion, Mr. Mactaggart told me. But people are actually spending hundreds of millions of dollars trying to undermine privacy because theres so much money in it for corporations.
For more practical tips on protecting your privacy, read my colleague Brian X. Chens new column on how to use Apples new privacy tools.
While Mr. Mactaggart was working to expand the right to privacy in California, Europes highest court issued landmark decisions narrowing it.
The rulings involved a law, popularly known as the right to be forgotten, which gives people in the European Union a legal means to delete certain personal information about them online. In practical terms, that means Europeans can use their right to be forgotten to require Google and other search engines to delete links to news articles or sites containing personal details about them that are outdated, inaccurate or not in the public interest.
But on Tuesday, as my colleague Adam Satariano reported from London, the European Court of Justice ruled that the right to be forgotten does not apply outside the European Union. The court also said the right to delete certain personal data must be balanced against the publics right to know.
The ruling was a victory for Google and other search engines, Adam wrote. It means that the tech giant will not be required to take down links outside the European Union. It may also give Google and other companies more leeway to refuse certain deletion requests in the name of the public interest.
But defending the publics right to know can also have intended consequences.
In a riveting article, Adam profiled a journalist in Italy, Alessandro Biancardi, who lost a legal battle to preserve an article about a pair of brawling brothers. The story covered the stabbing of one brother by another at a seaside restaurant.
The brother who was stabbed wanted the article about the incident deleted and sued the journalist, citing his right to be forgotten, Adam reported. The journalist, however, refused to take down the article.
The European courts new ruling limiting the right to be forgotten may help local publications in the European Union defend and preserve such news coverage.
But for Mr. Biancardi, it is too late.
The journalist lost the lawsuit over the article about the brawling brothers. Faced with many other privacy and article-deletion demands, including 40 lawsuits, Mr. Biancardi shut down his news site last year.
Wed love your feedback on this newsletter. Please email thoughts and suggestions to bits_newsletter@nytimes.com.
Forward it to your friends, and let them know they can sign up here.
The rest is here:
The Week in Tech: Why Californians Have Better Privacy Protections - The New York Times
- Quinn: Supreme Court should clarify Fourth Amendment rights in the digital age [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Fourth amendment | Wex Legal Dictionary / Encyclopedia ... [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- The Fourth Amendment is destroyed by the Roberts led Supreme Court. - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Protections for e-data clear Senate committee [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- Weighing The Risks Of Warrantless Phone Searches During Arrests [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- Court may let cops search smartphones [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- Supreme Court to hear case on police searches of cellphones [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- Fourth Amendment in the digital age: Supreme Court to decide if police can search cellphones without a warrant [Last Updated On: April 30th, 2014] [Originally Added On: April 30th, 2014]
- What Scalia knows about illegal searches [Last Updated On: April 30th, 2014] [Originally Added On: April 30th, 2014]
- Should police be allowed to search your smartphone - Video [Last Updated On: April 30th, 2014] [Originally Added On: April 30th, 2014]
- The Shaky Legal Foundation of NSA Surveillance on Americans [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Pennsylvania Supreme Court rules police don't need warrants to search cars [Last Updated On: May 3rd, 2014] [Originally Added On: May 3rd, 2014]
- Local police: Updated vehicle-search law still requires probable cause [Last Updated On: May 3rd, 2014] [Originally Added On: May 3rd, 2014]
- Liberal Supreme Court Justice Comes To The Defense Of Scalia [Last Updated On: May 3rd, 2014] [Originally Added On: May 3rd, 2014]
- Smartphones and the Fourth Amendment - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- Fourth Amendment Defined & Explained - Law [Last Updated On: May 6th, 2014] [Originally Added On: May 6th, 2014]
- I-Team: Do police seek search warrant friendly judges? [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- Is Big Brother Listening? Applying the Fourth Amendment in an Electronic Age - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- Magistrate waxes poetic while rejecting Gmail search request [Last Updated On: May 10th, 2014] [Originally Added On: May 10th, 2014]
- The Fourth Amendment - Video [Last Updated On: May 10th, 2014] [Originally Added On: May 10th, 2014]
- License reader lawsuit can be heard, appeals court rules [Last Updated On: May 15th, 2014] [Originally Added On: May 15th, 2014]
- Seize the Rojo - Video [Last Updated On: May 16th, 2014] [Originally Added On: May 16th, 2014]
- NSA Spying Has a Disproportionate Effect on Immigrants [Last Updated On: May 16th, 2014] [Originally Added On: May 16th, 2014]
- Motorists sue Aurora, police in 2012 traffic stop after bank robbery [Last Updated On: May 18th, 2014] [Originally Added On: May 18th, 2014]
- Judge Says NSA Phone Surveillance Likely Unconstitutional - Video [Last Updated On: May 21st, 2014] [Originally Added On: May 21st, 2014]
- New York Attorney Heath D. Harte Releases a Statement on Fourth Amendment Rights [Last Updated On: May 22nd, 2014] [Originally Added On: May 22nd, 2014]
- The Fourth Amendment Rights - Video [Last Updated On: May 23rd, 2014] [Originally Added On: May 23rd, 2014]
- Bangor Area School District teachers vote no to random drug [Last Updated On: May 24th, 2014] [Originally Added On: May 24th, 2014]
- I Don't Care About The Contitution, Take Your Fourth Amendment And Shove It The Hills Hotel - Video [Last Updated On: May 27th, 2014] [Originally Added On: May 27th, 2014]
- Lonestar1776 at Illegal Checkpoint 80 Miles Inside Border - Standing UP & Pushing Back! pt 2/2 - Video [Last Updated On: August 31st, 2014] [Originally Added On: August 31st, 2014]
- Suit charges Daytona Beach's rental inspection program violates civil rights [Last Updated On: September 3rd, 2014] [Originally Added On: September 3rd, 2014]
- 4th Amendment - Laws.com [Last Updated On: September 4th, 2014] [Originally Added On: September 4th, 2014]
- YOU CAN ARREST ME NOW (cops refuse, steal phone) - Video [Last Updated On: September 7th, 2014] [Originally Added On: September 7th, 2014]
- The Feds Explain How They Seized The Silk Road Servers [Last Updated On: September 8th, 2014] [Originally Added On: September 8th, 2014]
- Volokh Conspiracy: Does obtaining leaked data from a misconfigured website violate the CFAA? [Last Updated On: September 9th, 2014] [Originally Added On: September 9th, 2014]
- Defence asks judge in NYC to toss out bulk of evidence in Silk Road case as illegally obtained [Last Updated On: September 10th, 2014] [Originally Added On: September 10th, 2014]
- Family of a mentally ill woman files lawsuit against San Mateo Co. after deadly shooting [Last Updated On: September 10th, 2014] [Originally Added On: September 10th, 2014]
- Minnesota Supreme Court upholds airport drug case decision [Last Updated On: September 12th, 2014] [Originally Added On: September 12th, 2014]
- Law Talk - Obamacare Rollout; Fourth Amendment, NSA Spying Stop & Frisk DUI Check Points lta041 - Video [Last Updated On: September 12th, 2014] [Originally Added On: September 12th, 2014]
- Volokh Conspiracy: The posse comitatus case and changing views of the exclusionary rule [Last Updated On: September 15th, 2014] [Originally Added On: September 15th, 2014]
- Guest: Why the privacy of a public employees cellphone matters [Last Updated On: September 16th, 2014] [Originally Added On: September 16th, 2014]
- Volokh Conspiracy: Apples dangerous game [Last Updated On: September 19th, 2014] [Originally Added On: September 19th, 2014]
- Judge expounds on privacy rights [Last Updated On: September 20th, 2014] [Originally Added On: September 20th, 2014]
- Great privacy essay: Fourth Amendment Doctrine in the Era of Total Surveillance [Last Updated On: September 20th, 2014] [Originally Added On: September 20th, 2014]
- The Fourth Amendment By Maison Erdman - Video [Last Updated On: September 20th, 2014] [Originally Added On: September 20th, 2014]
- Volokh Conspiracy: When administrative inspections of businesses turn into massive armed police raids [Last Updated On: September 22nd, 2014] [Originally Added On: September 22nd, 2014]
- The chilling loophole that lets police stop, question and search you for no good reason [Last Updated On: September 23rd, 2014] [Originally Added On: September 23rd, 2014]
- Pet Owners Look to Muzzle Police Who Shoot Dogs [Last Updated On: September 27th, 2014] [Originally Added On: September 27th, 2014]
- Volokh Conspiracy: A few thoughts on Heien v. North Carolina [Last Updated On: September 29th, 2014] [Originally Added On: September 29th, 2014]
- Volokh Conspiracy: Third Circuit on the mosaic theory and Smith v. Maryland [Last Updated On: October 1st, 2014] [Originally Added On: October 1st, 2014]
- Volokh Conspiracy: Third Circuit gives narrow reading to exclusionary rule [Last Updated On: October 2nd, 2014] [Originally Added On: October 2nd, 2014]
- Volokh Conspiracy: Supreme Court takes case on duration of traffic stops [Last Updated On: October 3rd, 2014] [Originally Added On: October 3rd, 2014]
- Search & Seizure, Racial Bias: The American Law Journal on the Philadelphia CNN-News Affiliate WFMZ Monday, October 6 ... [Last Updated On: October 3rd, 2014] [Originally Added On: October 3rd, 2014]
- Argument preview: How many brake lights need to be working on your car? [Last Updated On: October 3rd, 2014] [Originally Added On: October 3rd, 2014]
- The 'Barney Fife Loophole' to the Fourth Amendment [Last Updated On: October 3rd, 2014] [Originally Added On: October 3rd, 2014]
- Search & Seizure: A New Fourth Amendment for a New Generation? - Promo - Video [Last Updated On: October 4th, 2014] [Originally Added On: October 4th, 2014]
- Ap Government Fourth Amendment Project - Video [Last Updated On: October 4th, 2014] [Originally Added On: October 4th, 2014]
- Lubbock Liberty Workshop With Arnold Loewy On The Fourth Amendment - Video [Last Updated On: October 5th, 2014] [Originally Added On: October 5th, 2014]
- Feds Hacked Silk Road Without A Warrant? Perfectly Legal, Prosecutors Argue [Last Updated On: October 7th, 2014] [Originally Added On: October 7th, 2014]
- Supreme Court Starts Term with Fourth Amendment Case [Last Updated On: October 7th, 2014] [Originally Added On: October 7th, 2014]
- Argument analysis: A simple answer to a deceptively simple Fourth Amendment question? [Last Updated On: October 9th, 2014] [Originally Added On: October 9th, 2014]
- Feds Say That Even If FBI Hacked The Silk Road, Ulbricht's Rights Weren't Violated [Last Updated On: October 9th, 2014] [Originally Added On: October 9th, 2014]
- Mass Collection of U.S. Phone Records Violates the Fourth Amendment - Video [Last Updated On: October 9th, 2014] [Originally Added On: October 9th, 2014]
- Leggett sides with civil liberties supporters [Last Updated On: October 10th, 2014] [Originally Added On: October 10th, 2014]
- Search & Seizure / Car Stops: A 'New' Fourth Amendment for a New Generation? - Video [Last Updated On: October 10th, 2014] [Originally Added On: October 10th, 2014]
- The Fourth Amendment- The Maininator Period 4 - Video [Last Updated On: October 10th, 2014] [Originally Added On: October 10th, 2014]
- Judge nukes Ulbricht's complaint about WARRANTLESS FBI Silk Road server raid [Last Updated On: October 11th, 2014] [Originally Added On: October 11th, 2014]
- Montgomery County will not hold immigrants without probable cause -- Gazette.Net [Last Updated On: October 13th, 2014] [Originally Added On: October 13th, 2014]
- Debate: Does Mass Phone Data Collection Violate The 4th Amendment? [Last Updated On: October 14th, 2014] [Originally Added On: October 14th, 2014]
- Does the mass collection of phone records violate the Fourth Amendment? [Last Updated On: October 19th, 2014] [Originally Added On: October 19th, 2014]
- When Can the Police Search Your Phone and Computer? [Last Updated On: October 21st, 2014] [Originally Added On: October 21st, 2014]
- Supreme Court to decide if cops can access hotel registries without warrants [Last Updated On: October 22nd, 2014] [Originally Added On: October 22nd, 2014]
- Third Circuit Allows Evidence from Warrantless GPS Device [Last Updated On: October 22nd, 2014] [Originally Added On: October 22nd, 2014]
- US court rules in favor of providing officials access to entire email account [Last Updated On: October 24th, 2014] [Originally Added On: October 24th, 2014]
- EL MONTE POLICE OFFICER VIOLATES ARMY VETERAN'S FOURTH AMENDMENT RIGHT - Video [Last Updated On: October 25th, 2014] [Originally Added On: October 25th, 2014]
- FBI demands new powers to hack into computers and carry out surveillance [Last Updated On: October 30th, 2014] [Originally Added On: October 30th, 2014]
- Fourth Amendment (United States Constitution ... [Last Updated On: November 4th, 2014] [Originally Added On: November 4th, 2014]
- Fourth Amendment - Video [Last Updated On: November 4th, 2014] [Originally Added On: November 4th, 2014]
- Call Yourself a Hacker and Lose Fourth Amendment Rights - Video [Last Updated On: November 5th, 2014] [Originally Added On: November 5th, 2014]
- Volokh Conspiracy: Magistrate issues arrest warrants for 17 years but is new to probable cause [Last Updated On: November 7th, 2014] [Originally Added On: November 7th, 2014]