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New California Ballot Measure Demands Groundbreaking Privacy Rights (mercurynews.com) 180

Supporters gathered 625,000 signatures to put the "California Consumer Privacy Act" on the ballot in November -- far exceeding the 365,880 signatures needed to qualify. The Mercury News reports: The proposed initiative aims to allow consumers to see what personal information companies are collecting about them and ask the companies to stop selling that information, and also seeks to hold businesses accountable for data breaches. "Today is a major step forward in our campaign, and an affirmation that California voters care deeply about the fundamental privacy protections provided in the California Consumer Privacy Act," said Alastair Mactaggart, the San Francisco real estate developer who is bankrolling the measure. He has spent $1.65 million on the effort, according to filings with the California secretary of state.

The measure is opposed by companies such as AT&T, Comcast, Verizon and Google, which have all donated $200,000 each to fight the measure. Facebook has also given $200,000 to the opposition. However, Facebook last month said it would leave the effort to fight the initiative.

The article notes that Facebook's decision to stop publicly opposing the privacy measure occurred "around the time Facebook CEO Mark Zuckerberg was testifying to Congress about the company's Cambridge Analytica privacy scandal."
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New California Ballot Measure Demands Groundbreaking Privacy Rights

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  • by olsmeister ( 1488789 ) on Saturday May 05, 2018 @02:51PM (#56560006)
    Companies should not be allowed to sell or share data on customers with any other company. Any data they collect should only be allowed to be used for their own internal business purposes. Sad it's come to this but enough has become enough.
    • There's a huge loophole even in that plan - what happens when you liquidate the company? Does the data become available to whoever purchases the assets, in whole or in part?

      If you allow the data to persist through the death of the company, that can be exploited to sell the data, or just allow it to enter the hands of an entity that the users themselves never expected nor desired to have it.

      • Forget liquidating the whole company. What if the company merely sells off a part of itself, such as its business interests in a market it's exiting? Do any customer names associated with the company remain with the portion of the company that goes to the buyer, or do they stay with the seller company, or do both the buyer and the seller get to have them since those are customers for both of them?

        This is why we see things like poison pills occasionally pop up in the privacy policies of ethical companies: sh

    • What about marketing companies that actually exist to help companies learn about market demographics? They exist by, essentially, collecting data on consumers and then sharing it out.
      • by dcw3 ( 649211 )

        Marketing companies existed long before the kind of demographic data collection we see now. There's no reason they can't still do their jobs, it just doesn't need to be with private personal information.

        • So what would you consider private, personal information? Not being a dick, just trying to see what people are worried about. Is private, personal information the information I have never shared on the Internet or in public? Or is the issue that - rather than having an investigator take a few months to collate all the public information on me by hand - these companies can scape and collate publicly-available data in a matter of a few seconds?
          • by dcw3 ( 649211 )

            So what would you consider private, personal information? Not being a dick, just trying to see what people are worried about. Is private, personal information the information I have never shared on the Internet or in public? Or is the issue that - rather than having an investigator take a few months to collate all the public information on me by hand - these companies can scape and collate publicly-available data in a matter of a few seconds?

            Just my opinion (subject to being convinced otherwise), since you asked...
            What web sites I visit is nobody else's business.
            What I share with my "Facebook Friends" (not to everyone) should not be made available for resale.
            What I share on Facebook (or other forums) openly should clearly be fair game.
            Siri, Alexa and others shouldn't be allowed to take my words and use them to target advertising for me w/o my express permission.

            I could go on and on, but that should give you an idea of where I stand.

            • Siri, Alexa and others shouldn't be allowed to take my words and use them to target advertising for me w/o my express permission.

              I could go on and on, but that should give you an idea of where I stand.

              Even if that advertising came from Apple or Amazon? If I go into a store and ask a lot of questions about leather belts, should I be surprised if the next time I come in to the store - or get an advertisement from them - they ask or talk about belts?

              • by dcw3 ( 649211 )

                I don't think that most people view Siri and Alexa as storefronts, but rather as tools to help them with their schedules, check the weather, and essentially google questions for them. Now, your example of going into a store, I'm fine with, or if I were to say specifically request info from those tools on the new Mac or iPhone, I'd be fine with Apple knowing that I'm interested, and sending more info, But, ideally, I wouldn't want them selling that information to others so that they could target me as well

  • by gweihir ( 88907 ) on Saturday May 05, 2018 @02:52PM (#56560008)

    Protecting people against activities that make the rich richer and violate the non-rich? What is capitalism coming to! This must be socialism, right?

  • so stupid (Score:2, Insightful)

    You know what?

    Fuck direct democracy and fuck California ballot measures.

    This kind of stuff is what gets us into such a mess in the first place, where policymakers and regulators get their hands tied by people voting (or being asked to vote) on things that are beyond their level of knowledge to make a judgement call on, even if you're super informed about the issues.

    In the next June election, we have the following ballot measures:

    1. Authorizing a $4 billion bond (yes $4 Billion loan) for environmenta
    • No: fuck oligarchy. Do you think that oligarchs who manage to buy their way into office are better at choosing? Remember, they're still elected by the people whom you disparage.
    • by jwhyche ( 6192 )

      California is trying to implement the tried and failed system called a democracy. No, the United States isn't a democracy, it is a representative republic. Democracy have been tried through out history and if history shows us one thing, they do not work. What you get is tyranny of the majority, or mob rule. This is the reason that California is in the mess that it is in.

      • Re:so stupid (Score:4, Interesting)

        by b0s0z0ku ( 752509 ) on Saturday May 05, 2018 @03:49PM (#56560190)
        California? Mess? You mean fifth or sixth largest economy in the world? Oh right, and democracy (subject to Constitutional restrictions: CA still has courts) is better than oligarchy.
        • Oh yes, California Courts, as arbitrary and capricious as the federal 9th circuit, but sillier.
          • The 9th Circuit, which bothers to abide by things like the 4th Amendment and implied privacy rights, which other "American" courts find antiquated and quaint? That rules against police when they abuse their power?

            After all, the only amendment that really matters is the 2nd, right? I love the Nutty Ninth, one of the last bastions of freedom and Constitutionality in the US. May they never change...

            https://www.techdirt.com/artic... [techdirt.com]

            https://www.kmm.com/articles-3... [kmm.com]

            https://www.seattlepi.com/loca... [seattlepi.com]

            • by jwhyche ( 6192 )

              The 9th Circuit

              The most over turned court in the land.

              • Only because the Supreme Court has been packed with authoritarian, cop hugging, corporate/religious whores.
                • by jwhyche ( 6192 )

                  No. It's because the 9th circuit has been wrong about more things than any other court in history.

                  • If by "wrong" you mean protective of civil rights, protective of privacy, skeptical of law enforcement overreach, and not being corporate whores, then it's a good kind of wrongness. Exactly the wrongness an independent California Republic will need.
                    • by jwhyche ( 6192 )

                      No. Wrong as in "unconstitutional." Wrong as in "not in line with what the law says." Wrong, as in "overreaching and beyond their legal authority."

                      As for your independent California Republic. I think we have wasted enough time with that foolishness. It's not going to happen and would fail anyway, So lets just put that topic to bed.

                    • 30 years ago, the Soviets said an independent Ukraine, Latvia, and Estonia will never happen ... times change. Empires collapse, for better or worse, but mostly for better.

                      As I've said, the 9th is awesome -- it has been protective of privacy rights and Constitutional rights. A techie should applaud that, not deride it.

                    • by jwhyche ( 6192 )
                      Well you can say that all you want to but the facts still speak for themselves. "The most over turned court in the land." Pretty much says it all.

                      Before you continue to bray about a free an independent California you should become familiar with US law. Specifically, 18 U.S. Code Chapter 115 - TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES.

                    • Yes. The facts say it all. The Ninth Circuit upholds privacy rights that the Supreme Court (packed with corporate and law-enforcement shills) doesn't bother with anymore. I am familiar with the law, and also aware that it doesn't prohibit discussion of peaceful dissolution referenda -- it only discusses "force or violence." Plenty of discussion of Calexit recently, number of people prosecuted = zero. Last I checked, we still have the 1st Amendment.
                    • by jwhyche ( 6192 )

                      The 1st Amendment doesn't protect you from sedition of slander. Remember who is in office too. The only reason Calexit hasn't been prosecuted is because nobody takes it seriously. You can get as many signatures on that little piece of paper as you want. In the end it will be worth just as much as the paper you wipe your ass with. It will never see a day on the floor of California legislature.

                      I think we are done here. Not happening.

        • China is #2. They, too, have "democracy." Is it better than California? Hint: I left CA 20 years ago because of this.
      • by Greyfox ( 87712 )
        What mess is that? Having the 4th largest economy in the world? Life must be so hard for them!
        • Re:so stupid (Score:5, Insightful)

          by jwhyche ( 6192 ) on Saturday May 05, 2018 @04:07PM (#56560272) Homepage

          Having a large economy doesn't necessary mean you have a healthy economy. You also have the largest debt of any state in the union at over 700 billion. The highest tax rate, one of the highest homeless population in the country, and the fastest shrinking middle class. You know the ones that actually pay all those taxes. You have junkies shooting up in your subways. An a complete and total dependency of surrounding states for water.

          So, yes, California is a complete and total mess.

          • by jwhyche ( 6192 )

            Oh and you have idiots like governor moonbeam and that shreeking fool maxine waters to compound your problems.

          • Re:so stupid (Score:5, Informative)

            by larryjoe ( 135075 ) on Saturday May 05, 2018 @05:07PM (#56560498)

            Having a large economy doesn't necessary mean you have a healthy economy. You also have the largest debt of any state in the union at over 700 billion.

            In absolute terms, the debt is the largest of any state, but of course, that is entirely expected because the total California economy is the largest of any state. In terms of debt as a percentage of GDP [usgovernmentdebt.us], California is about in the middle in terms of ordinal ranking as well as being very close to the aggregate percentage of all states combined.

            The highest tax rate, one of the highest homeless population in the country, and the fastest shrinking middle class. You know the ones that actually pay all those taxes.

            Well, that's a nice populist sentiment that is not necessarily supported by actual numbers. Looking at slightly old (from 2015 [ca.gov]) numbers, half of all income tax revenue in California comes from those in the top 1% of income earners. For 2003 to 2014 [ca.gov], all years except for one saw at least 40% of total income tax revenues coming from the top 1% of income earners.

            An a complete and total dependency of surrounding states for water.

            Well, sort of but not really. California uses about 40 million acre-feet of water per year. About 10% comes from the Colorado River system. One third comes from ground water. Another third comes from the Sierra snowpack. The rest comes mostly from in-state reservoirs.

            • Well, that's a nice populist sentiment that is not necessarily supported by actual numbers. Looking at slightly old (from 2015 [ca.gov]) numbers, half of all income tax revenue in California comes from those in the top 1% of income earners. For 2003 to 2014 [ca.gov], all years except for one saw at least 40% of total income tax revenues coming from the top 1% of income earners.

              I wonder how many of those 1%ers earn their income from CA-based companies that would effectively be shut down by this law? Google, Facebook, Twitter, Uber, etc.

          • one of the highest homeless population in the country,

            Well, stop sending them here [theguardian.com].

            An a complete and total dependency of surrounding states for water.

            Around half the food people eat in the USA is produced in California. Besides not sending us your homeless, you can also stop eating our food.

      • California is trying to implement the tried and failed system called a democracy.

        No what they are doing is called "direct democracy". There are plenty of democratic systems around the world that aren't / haven't failed. The most prominent of which is a representative democracy which works best in countries which haven't tended towards 2 party politics.

        • by jwhyche ( 6192 )

          No what they are doing is called "direct democracy".

          Stop talking about things you don't understand. It only makes you look foolish. An makes my job so much easier.

          https://en.wikipedia.org/wiki/... [wikipedia.org]

          Direct democracy, in other words a democracy. They do not work, they never work. Our Founding Fathers saw this and it why we have repressive republic. Another name for mob rule, or the tyranny of the majority.

    • Why is the public being asked whether it's good to take out a $4B loan?

      Why? Because the state's Constitution requires all bond measures to be approved by the public. Would you really rather that the California Legislature be allowed to sell bonds and mortgage the state's future with no oversight? I've lived in California for over half a century, and I certainly wouldn't!
    • by dcw3 ( 649211 )

      What makes you think your elected officials are any better informed? It's a rarity for any of them to even know wtf is in the bills that they're voting on.

    • by Artagel ( 114272 )

      Yes, the peasants are revolting. Alas, this is what happens when their betters ignore them. Your distaste for them is what makes them cause problems for you. Perhaps those who think they are leaders should take the concerns of ordinary people into account when making their plans. That way, the ordinary people do not become so unhappy as to take matters into their own hands.

  • by thegarbz ( 1787294 ) on Saturday May 05, 2018 @03:14PM (#56560068)

    We joke about Google cutting off companies or groups they disagree with, but with this ballot and the right to get companies to stop selling your information, they may just find themselves cut off.

    • Yes, because Google has stopped doing business in all of Europe due to the GDPR (which I will add is much more strict and has more teeth than this proposed legislation).

      OH WAIT that is not true at all. It turns out that folks DO want Google services? You don't say...

      • by HiThere ( 15173 )

        FWIW, Google isn't that much better than AltaVista was. In some ways I preferred AltaVista. If Google were cut off, something like AltaVista or WebSpider would quickly pop up. And I don't use any Google services except their search, because I don't like something intrusive.

      • Yes, because Google has stopped doing business in all of Europe due to the GDPR (which I will add is much more strict and has more teeth than this proposed legislation).

        How did you get from "companies or groups" to "all of Europe". Maybe re-read my post, and the GDPR, what has that achieved? Oh that's right: Opt into everything Google, or opt out of using Google, which was exactly my point.

        Those people who crave to starve the revenue for their "free" services will find their "free" services cease serving them.

  • Since when is social media, free stuff where you are the product, and business models which treat employees like contractors considered tech leadership?

    Maybe Silicon Valley should get back to doing things which made tangible products such as CPU's, and specialized chips.

    Maybe instead of "Silcon Valley", it should be called "Silly Ventures"

  • Since all California-based multinationals modified their practice for EU's GDPR [wikipedia.org], asking them for provisions covered by this legislation should not cost them much (except in lost data sales, of course).

  • Looks like this is an opt-out bill, but one thing I don't like about it is how it literally requires the link to be called "Do Not Sell My Personal Information".

All seems condemned in the long run to approximate a state akin to Gaussian noise. -- James Martin

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