Michael Kans

Farewell...

As we've relocated to Washington DC from Kingston, Jamaica, new chapters in our lives and my professional career have opened. I'll be returning to public service and was sworn in this afternoon as counsel for a Democratic Senator. Hence, I will be closing shop here. Thank you to everyone who

Shortwave: Maybe Everyone Should Pretend Like There Are Strong, Binding U.S. Cyber Regulations?

Last week, Cybersecurity and Infrastructure Security Agency (CISA) Director Jen Easterly and CISA Executive Assistant Director For Cybersecurity Eric Goldstein published an article articulating their views on how the United States (U.S.) should change course on cybersecurity regulation. Notably, legislation is not mentioned once even though they do seem

Shortwave: Social Media Platforms May Soon Be Like ISPs

The current term of the Supreme Court of the United States (SCOTUS) may prove to be a blockbuster in the fields of First Amendment and Section 230 law. Tech platforms could be facing sea changes in how the United States (U.S.) allows them to operate. In terms of the

Shortwave: Prison Time For Elon Musk and Mark Zuckerberg?

In light of the political and policy deadlock in the United States (U.S.) on social media regulation (notably on Section 230), changes in regulation of these platforms will occur overseas. The United Kingdom (UK) could soon have a new regulatory scheme in place that would require platforms like Facebook,

Shortwave: FISA Reauthorization Moves Center Stage

This is the shorter, free version of The Wavelength. Please consider subscribing in order to get the longer version and to access back issues behind the paywall. Do you feel that? If you stay still, you can feel the oxygen getting sucked out of the tech policy space in the

Paid-members only

Longwave: Anti-TikTok and PRC, Medical Device Cyber Regulation, and Amazon Seller Provisions In FY 2023 Funding Package

Microwave As has become customary, FY 2023 appropriations were enacted one quarter of the way into the fiscal year, and like almost every year, the omnibus contains significant tech funding and programmatic adjustments along with tech legislation. Shortwave Congress agreed finally on the “Consolidated Appropriations Act, 2023” (H.R.2617)

Shortwave: Supreme Court Says NSO Group Must Fight Meta’s Lawsuit

This week, the Supreme Court of the United States (SCOTUS) rejected the NSO Group’s bid to have the court hear and reverse an appeal court’s ruling against the company’s argument it deserves immunity from Meta/WhatsApp’s lawsuit. As a result, Meta/WhatsApp’s suit can proceed

Shortwave: White House Floats Mandatory Cybersecurity Regulations For Critical Sectors

For the foreseeable future, I’ll be trying a new format a few times a week that is shorter than the usual edition of The Wavelength with two longer editions a week. The Shortwave version of the Wavelength will be free while the Longwave will remain subscription only. With the

My Comment on California's Draft Regulations To Implement The California Privacy Rights Act

Below, you’ll find the comment I submitted to the California Privacy Protection Agency, in which I offered my perspective on their draft regulations. Re: NOTICE OF MODIFCATIONS TO TEXT OF PROPOSED REGULATIONS AND ADDITION OF DOCUMENTS AND INFORMATION TO RULEMAKING FILE [OAL FILE NO. 2022-0628-02] Dear Mr. Soublet and

Wavelength Brief | 8 December 2022

Other Developments The “Journalism Competition and Preservation Act” (JCPA) (S.673) was removed from the “James M. Inhofe National Defense Authorization Act for Fiscal Year 2023” (H.R.7776), the annual must-pass United States defense policy bill, after an outcry from industry and advocacy stakeholders. The European Parliament adopted a

Refreshed COPPA? (Free Preview)

Microwave A tweaked refresh of the “Children’s Online Privacy Protection Act of 1998” may prove the privacy bill with the best chances of enactment during the lame duck session of Congress. Shortwave In July, Senate Commerce, Science, and Transportation Committee Chair Maria Cantwell (D-WA) held a markup of two

Paid-members only

Refreshed COPPA?

Microwave A tweaked refresh of the “Children’s Online Privacy Protection Act of 1998” may prove the privacy bill with the best chances of enactment during the lame duck session of Congress. Shortwave In July, Senate Commerce, Science, and Transportation Committee Chair Maria Cantwell (D-WA) held a markup of two

The Wavelength Brief | 27 October 2022

Other Developments The United States (U.S.) Department of Justice “charged 13 individuals, including members of the People’s Republic of China (PRC) security and intelligence apparatus and their agents, for alleged efforts to unlawfully exert influence in the United States for the benefit of the government of the PRC.

Canada May Join Australia In Making Social Media Companies Pay For News (Free Preview)

Microwave Canada is following in Australia’s footsteps in considering legislation requiring social media platforms to pay Canadian media for use of their content. Shortwave The Parliament has before it a government bill, the “Online News Act” (Bill C-18), that would mandate negotiations on the fees companies like Facebook and

Paid-members only

Canada May Join Australia In Making Social Media Companies Pay For News

Microwave Canada is following in Australia’s footsteps in considering legislation requiring social media platforms to pay Canadian media for use of their content. Shortwave The Parliament has before it a government bill, the “Online News Act” (Bill C-18), that would mandate negotiations on the fees companies like Facebook and

FTC Commercial Surveillance and Data Security Rulemaking

Enjoy this week's free edition fo the Wavelength. Consider joining those who subscribe and get access to all the paywalled content. Microwave The FTC isn’t waiting on Congress to pass data privacy and protection legislation and has started a rulemaking that could address many of the data abuses in

Executive Order on U.S.-EU Data Deal (Free Preview)

Microwave The U.S. government has issued a directive upon which the EU will  use to justify the free flow of the personal data of its citizens and residents across the Atlantic even though the EU’s top court may find the U.S. measures insufficient under EU law. Shortwave

Paid-members only

Executive Order on U.S.-EU Data Deal

Microwave The U.S. government has issued a directive upon which the EU will  use to justify the free flow of the personal data of its citizens and residents across the Atlantic even though the EU’s top court may find the U.S. measures insufficient under EU law. Shortwave

Revised Kids Online Safety Act (Free Preview)

Microwave A significantly changed “Kids Online Safety Act” emerges as one of the Senate Commerce chair’s countermoves to the “American Data Privacy and Protection Act” (ADPPA) moving to the full House. Shortwave In July, Senate Commerce, Science, and Transportation Committee Chair Maria Cantwell (D-WA) held a markup of two

Paid-members only

Revised Kids Online Safety Act

Microwave A significantly changed “Kids Online Safety Act” emerges as one of the Senate Commerce chair’s countermoves to the “American Data Privacy and Protection Act” (ADPPA) moving to the full House. Shortwave In July, Senate Commerce, Science, and Transportation Committee Chair Maria Cantwell (D-WA) held a markup of two

ADPPA vs. CPRA (Free Preview)

Microwave ADPPA is marginally stronger than the CPRA. Shortwave Many California based or affiliated proponents of the “California Privacy Rights Act” (Proposition 24) (CPRA) have argued that the American Data Privacy and Protection Act” (ADPPA) (H.R. 8152) is weaker and would leave Californians with diminished privacy rights. There has

Paid-members only

ADPPA vs. CPRA

Microwave ADPPA is marginally stronger than the CPRA. Shortwave Many California based or affiliated proponents of the “California Privacy Rights Act” (Proposition 24) (CPRA) have argued that the American Data Privacy and Protection Act” (ADPPA) (H.R. 8152) is weaker and would leave Californians with diminished privacy rights. There has

Publishing Schedule

As may have been noticed, the Wavelength has had an erratic publishing schedule of late. It is my hope that things settle a bit professionally and personally (all good things but they are taking up time) by month's end, and I can resume the normal schedule. In the meantime, I

Paid-members only

California Enacts New Privacy Regime For Children Aligned With Britain’s

Microwave California’s new child and teen aimed data privacy and protection bill is making waves elsewhere in the U.S. Shortwave Governor Gavin Newsom (D) signed “ The California Age-Appropriate Design Code Act” (AB 2273), which he called “bipartisan landmark legislation aimed at protecting the wellbeing, data, and privacy of

ADPPA Examined, Part III (Free Preview)

Microwave A modified 143 page “American Data Privacy and Protection Act” (ADPPA) (H.R. 8152) requires multiple editions of the Wavelength. This one covers the provisions on “corporate responsibility,” enforcement, the limited private right of action, and the complex preemption provisions. Shortwave As the sponsors of ADPPA, three of the