At a Glance.
- Biden administration set to crack down on US data flows to China and Russia.
- Florida passes a new bill banning children under sixteen from using social media platforms.
White House’s new order aims to restrict US personal data transfers internationally.
The News.
Yesterday, the Biden administration revealed a new executive order that aims to protect American personal data by restricting international data transfers to specific countries, including China and Russia. With this order, the administration would specifically stop the transfer of American geolocation, biometric, health, and financial information to specific “countries of concern.” This new order would also ban any data transfers detailing information about United States (US) government personnel.
Officials remarked that this order was designed to directly address how concerning countries were leveraging American citizen’s data “to engage in a variety of nefarious activities including malicious cyber-enabled activities, espionage, and blackmail.”
The Knowledge.
With this new executive order, the Biden administration has taken another action that addresses concerns surrounding US citizens’ data security. Following recent events where the administration has targeted data brokers, such as InMarket, for selling consumer data, the administration is now expanding its purview of data sales to also monitor international transactions. These executive actions also follow Congressional developments where Congress is considering legislation that would ban federal agencies from contracting with specific Chinese companies to prevent the Chinese government from accessing American genetic data and personal health information.
While these efforts are not currently levying any punishments on specific data brokers, the administration did comment stating that data brokers who continue to engage in these sales or those who know that their sold data will end up in these “countries of concern” will be banned from operating within the US. The administration also provided a caveat noting that these new rules would make exceptions for certain types of data transfers, such as corporate payrolls and employment and investment agreements.
The Impact.
The recent actions by the Biden administration, its federal agencies, and Congress demonstrate a shift in how the US federal government is approaching data brokers and how information is sold within and outside of the US. While most American citizens will not notice how these actions impact their daily lives, these actions do have a notable impact on how their data is used and who can access it.
While these actions have not addressed how data is collected within the US, these actions collectively mark a significant change in how the US is approaching data security and privacy compared to previous years. Additionally, organizations that collect and sell data should be aware that their actions are coming under increasing scrutiny and should expect similar actions and regulations to follow.
Florida lawmakers pass a law banning social media accounts for children under sixteen years old.
The News.
Last Friday, Florida lawmakers passed legislation designed to prevent most minors from being able to access social media platforms. With the legislation having already passed the State’s House and Senate, the bill now heads to Governor Ron Desantis’s desk for his approval.
This new bill would completely ban children under the age of sixteen from creating social media accounts in Florida and would require social media platforms to implement age verification software to ensure no children can access these platforms. Social media companies found violating these provisions could face up to $50,000 in fines per violation.
However, Governor Desantis has stated that he was not ready to sign off on the bill at this time stating that he thinks there needs to be a “proper balance” between regulations and parental input for social media. Governor Desantis has until March 1st to sign the bill.
The Knowledge.
This new bill marks another law that the Florida state government has signed targeting social media companies. While the previous bill, passed in 2021, targeted social media companies for banning users for violating platform speech policies, this new bill aims to target these same social media platforms for allowing children to use their applications. Notably, Florida is not the first state to regulate children’s social media access, as last year, Utah passed a similarly spirited law that would require social media companies to verify user age and get parental consent for anyone under eighteen.
These state actions have also been coupled with increased attention at the federal level. The US Senate held a hearing at the end of January with each of the major social media platforms’ CEOs. This hearing centered on discussing the federal government’s growing concerns related to child safety on social media sites. While no federal legislation has resulted from this hearing, all of these actions are representative of the growing concerns surrounding children’s online presence and the impacts that social media could have on them.
The Impact.
With tensions surrounding child safety continuing to grow, US citizens should expect the government to continue to increase its attention on these social media platforms and how children can access them. Since these concerns show no indication of lessening, social media platforms should begin to take precautions to ensure that they are aware of the potential regulations that could be imposed on them at both the state and federal levels and their associated financial and legal ramifications.
For Florida residents, parents should pay attention to the status of this bill to see if Governor DeSantis signs it. If the bill were to be signed into law, parents could request social media companies to terminate their children’s accounts on their behalf.
Other Noteworthy Stories.
Biden administration waives some requirements for building broadband networks.
What: The Biden administration announced its intention to waive some of the “Buy America” requirements from the Broadband Equity, Access, and Deployment (BEAD) program.
Why: With this waiver, the administration will allow funds to be spent on internationally manufactured equipment when establishing broadband networks. This announcement comes after the Department of Commerce discovered that some materials needed for the program are not capable of being produced domestically in high enough quantities.
This new waiver specifically waives the “Build America, Buy America” bill provision, which requires covered infrastructure projects to use iron, steel, manufactured products, and construction materials produced in the US. While this waiver will reduce some of the requirements for the BEAD program, it is important to note that ninety percent of funds for the program will still be spent on equipment manufactured in the US, according to Will Arbuckle, a senior policy advisor at the Commerce National Telecommunications and Information Administration. With this waiver, the administration hopes to increase the speed at which networks can be established across the US.
Italy announces new security deal with Ukraine.
What: Italy has announced that it is set to sign a new security agreement with Ukraine to help strengthen its defense and combat emerging threats related to cyber warfare.
Why: With this new agreement, Italy has reiterated its previous commitments to provide Ukraine with humanitarian assistance, critical infrastructure protection, and will pledge its support for Ukraine’s efforts to adopt reforms so the nation can join the European Union. This security deal follows several other deals signed by other major European nations, including Germany, France, and Britain, to support Ukraine’s efforts to resist Russia’s invasion.
Supreme Court hears cases on Texas and Florida social media laws.
What: The Supreme Court heard two cases about laws originating in both Texas and Florida related to social media bans.
Why: Both of these state laws were created to block social media companies from banning users based on political views even if these views violate platform policies. Both of these state laws were passed in 2021 after state legislators took issue with conservative users being banned from various social media platforms for expressing their political views. These laws have both reached the Supreme Court after various lower courts reached conflicting opinions. Regardless of the Supreme Court's rulings on these state laws, the impact that it will have on how social media companies can enforce the freedom of speech will be significantly impacted.
Georgia’s House approves a crackdown on deepfake AI videos before elections.
What: The Georgia state House voted last week to approve a crackdown on deepfake artificial intelligence (AI) videos ahead of November’s upcoming elections.
Why: With the House passing this legislation with a vote of 148-22, the new bill will look to stop the spread of misinformation from deepfake AI videos impersonating candidates. The new bill will make it a felony to publish a deepfake within ninety days of an election if the deepfake intended to mislead or confuse voters about candidates or their chances of being elected. Additionally, the bill would give the state’s attorney general jurisdiction over these felonies and would give the state election board the power to publish investigation findings.
While some opposition members claimed the bill would undermine free speech, the bill passed with overwhelming bipartisan support and demonstrates how seriously AI is being taken after the AI deepfakes of President Biden were used during the recent New Hampshire primary.
Canadian government releases online harms legislation in Parliament.
What: The Canadian government has released draft legislation of a new bill aimed at combating online hate and protecting children in online spaces.
Why: With this new legislation, Prime Minster Trudeau has introduced legislation aimed at reducing harmful content online and protecting children from online predators. If the bill were to pass in its current form, it would require social media companies to quickly remove content related to intimate content that was posted without consent and any content that involves child sexual abuse material (CSAM). If a company was found to be violating the proposed law, it would carry a maximum six percent fine of the company’s gross global revenues. Additionally, content providers would have to introduce special protections for children, including parental controls, safe search capabilities, and content warning labels.
Another aspect of the bill is its attention to genocide as the bill would also dramatically increase the penalties for those found promoting genocide. As of now, the proposed punishment would be life in prison compared to the current five years. The bill will now be sent to the parliamentary committee and upper Senate chamber for review.