S.22.2-55: Protecting Our Privacy from Big Tech Act (PASSED)

[fhtagn]

PROTECTING OUR PRIVACY FROM BIG TECH ACT

1. Unless otherwise modified by or in conflict with federal or other Southern law, no person or entity providing banking, credit, debit or other financial services, payment processing services, currency conversion services, utility or common carrier services, or hotel services in the Southern Region or to a resident of the Southern Region shall deny such services or cancel any contract to perform such services to any customer on the basis of such customer's membership in a class protected by law, or on the basis of constitutionally protected speech made or associations conducted by such customer, or to benefit a particular political party, policy, or viewpoint.

A. A violation of this paragraph shall be a misdemeanor punishable by imprisonment for no more than one (1) year, and a fine of $10,000.00 per individual customer who was denied service.

B. A customer who was unlawfully denied service pursuant to this paragraph may maintain a civil action to recover actual damages, punitive damages of up to $10,000, reasonable legal costs, and any equitable relief necessary to enforce this act.

2. No person who rents or leases real property in the Southern Region shall require the renter or lessee or any agent or invitee thereof to use a cellphone or other internet application in order to enter or access the real property, nor limit entry or access to such real property to any person based on a social credit rating, score, or other determination of societal value calculated by a computer algorithim.

A. A violation of this paragraph shall be a misdemeanor punishable by disgorgement of any profits, imprisonment for no more than one (1) year, and a fine of $10,000.00 per individual person whose rights were violated. Any technology used to faciliate a crime under this paragraph shall be subject to forfeiture. Any data collected in violation of this paragraph shall be subject to forfeiture.

B. A person whose rights were unlawfully violated pursuant to this paragraph may maintain a civil action to recover actual damages, punitive damages of up to $10,000, reasonable legal costs, and any equitable relief necessary to enforce this act.

3. No person in the Southern Region shall violate the privacy of another by using or permitting a toilet owned by him to perform or conduct a scan or analysis of any part of the body or bodily fluid or waste product of another person, nor shall any such toilet be used to collect data on any other person, nor shall any data obtained from such toilet be sold or transferred to another.

A. This shall not apply if the person using the toilet affirmatively consents to the scan, analysis, collection, sale, or transfer. Requiring consent as a condition of using such toilet shall not be considered affirmative consent.

B. A violation of this provision shall be a misdemeanor punishable by disgorgement of any profits, imprisonment for no more than one (1) year, and a fine of $10,000.00 per individual person whose data was sold. Any toilet used to faciliate a crime under this paragraph shall be subject to forfeiture. Any data collected in violation of this paragraph shall be subject to forfeiture.

C. A person whose privacy was unlawfully violated pursuant to this paragraph may maintain a civil action to recover actual damages, punitive damages of up to $10,000, reasonable legal costs, and any equitable relief necessary to enforce this act.

4. No person in the Southern Region shall violate the privacy of another by using or permitting facial recognition technology, fingerprint scanning technology, heat scanning technology, implantable microchip technology, retinal scanning technology, DNA scanning technology, or X-Ray scanning technology owned by him to perform or conduct a scan or analysis of the face, fingerprint, or any other part of the body of another person, nor shall any such technology be used to collect data on any other person, nor shall any data obtained from such technology be sold or transferred to another.

A. This shall not apply if the person subject to the technology affirmatively consents to the scan, analysis, collection, sale, or transfer. Requiring consent as a condition to enter a multi-family dwelling or a public place or business shall not be considered affirmative consent, except for employees subject to a written employment contract where notice of such condition is expressly included. Requiring consent as a condition of an end-use customer to fully use or interface with a cellphone, computer, appliance, or product sold to such customer shall not be considered affirmative consent.

B. A violation of this paragraph shall be a misdemeanor punishable by disgorgement of any profits, imprisonment for no more than one (1) year, and a fine of $10,000.00 per individual person whose privacy was violated. Any technology used to faciliate a crime under this paragraph shall be subject to forfeiture. Any data collected in violation of this paragraph shall be subject to forfeiture.

C. A person whose privacy was unlawfully violated pursuant to this paragraph may maintain a civil action to recover actual damages, punitive damages of up to $10,000, reasonable legal costs, and any equitable relief necessary to enforce this act.

5. No person in the Southern Region shall violate the privacy of another by using or permitting audio recording technology to record or capture the voice or speech of another in a private home or dwelling, nor shall any such technology be used to collect data on any other person in a private home or dwelling,  nor shall any data obtained from such technology in a private home or dwelling, be sold or transferred to another.

A. This shall not apply if the person subject to the technology affirmatively consents to the recording, collection, sale, or transfer. Requiring consent as a condition of an end-use customer to fully use or interface with a cellphone, computer, appliance, or product sold to such customer shall not be considered affirmative consent.

B. A violation of this paragraph shall be a misdemeanor punishable by disgorgement of any profits, imprisonment for no more than one (1) year, and a fine of $10,000.00 per individual person whose privacy was violated. Any technology used to faciliate a crime under this paragraph shall be subject to forfeiture. Any data collected in violation of this paragraph shall be subject to forfeiture.

C. A person whose privacy was unlawfully violated pursuant to this paragraph may maintain a civil action to recover actual damages, punitive damages of up to $10,000, reasonable legal costs, and any equitable relief necessary to enforce this act.

6. Any data broker as defined by law who collects data in the Southern Region, or who acquires data on residents of the Southern Region is hereby prohibited from selling location data acquired from cellphone or internet applications or usage, regardless of if the data is anonymized or masked.

A. A violation of this paragraph shall be a misdemeanor punishable by disgorgement of any profits, imprisonment for no more than one (1) year, and a fine of $10,000.00 per individual person whose data was sold. Any data collected in violation of this paragraph shall be subject to forfeiture.

B. A customer whose location was unlawfully sold pursuant to this paragraph may maintain a civil action to recover actual damages, punitive damages of up to $10,000, reasonable legal costs, and any equitable relief necessary to enforce this act.

7. No Regional, State, or local government, department, or agency shall require the use of facial recognition technology, fingerprint scanning technology, implantable microchip technology, retinal scanning technology, or DNA scanning technology, in the processing of any tax forms, benefit applications, utility applications, payments, licenses, permits, or other paperwork. This shall not apply to the requirement that certain employees or contractors submit fingerprints as part of an enhanced background check.

8. No Regional, State, or local law enforcement may seize, copy, or view private security camera recordings without consent or a court order or warrant.

9. This act shall take effect August 1, 2022.

Sponsor: Governor LT

[Mr. Reactionary]

This is a bill to limit privacy violations from big tech and data brokers.

1. Prohibits banks and payment processors from deplatforming and non-personing you like they tried with Alex Jones and Laura Loomer.

2. Prohibits most buildings from having cellphone or social credit system unlocking doors like in Black Mirror. I shouldnt need a tracker phone or a social media account to enter a building.

3. Prohibits involuntary smart toilet scans.

4. Greatly limits unwanted facial recognition and fingerprint scanning technology.

5. Prohibits Alexa from listening to you and sending your recordings to Amazon.

6. Prohibits data brokers from selling private location data.

7. Is based on an Atlasian federal law and prohibits facial scans to get a government service.

8. Requires a warrant by cops before they can demand your ring doorbell footage.



*The text of this bill does NOT violate the TOS of this website*

[fhtagn]

If there are no more comments, I move we proceed to a vote. 24 hours for objections.

[President Punxsutawney Phil]

No objection.

[fhtagn]

A final vote on this bill is now open for 72 hours, or until 24 hours after this has enough votes to pass or fail, or until everybody votes, whichever occurs soonest.

[reagente]

aye

[UlmerFudd]

Aye

[fhtagn]

Aye

[fhtagn]

This has enough votes to pass. 24 hours to vote/change your vote, or until everyone has voted, whichever happens soonest

[RFayette]

Aye

[President Punxsutawney Phil]

Aye

[fhtagn]

The bill now passes and awaits gubernatorial action.

Aye: 5
Nay:0
Present: 0
Not voting: 0

PROTECTING OUR PRIVACY FROM BIG TECH ACT

1. Unless otherwise modified by or in conflict with federal or other Southern law, no person or entity providing banking, credit, debit or other financial services, payment processing services, currency conversion services, utility or common carrier services, or hotel services in the Southern Region or to a resident of the Southern Region shall deny such services or cancel any contract to perform such services to any customer on the basis of such customer's membership in a class protected by law, or on the basis of constitutionally protected speech made or associations conducted by such customer, or to benefit a particular political party, policy, or viewpoint.

A. A violation of this paragraph shall be a misdemeanor punishable by imprisonment for no more than one (1) year, and a fine of $10,000.00 per individual customer who was denied service.

B. A customer who was unlawfully denied service pursuant to this paragraph may maintain a civil action to recover actual damages, punitive damages of up to $10,000, reasonable legal costs, and any equitable relief necessary to enforce this act.

2. No person who rents or leases real property in the Southern Region shall require the renter or lessee or any agent or invitee thereof to use a cellphone or other internet application in order to enter or access the real property, nor limit entry or access to such real property to any person based on a social credit rating, score, or other determination of societal value calculated by a computer algorithim.

A. A violation of this paragraph shall be a misdemeanor punishable by disgorgement of any profits, imprisonment for no more than one (1) year, and a fine of $10,000.00 per individual person whose rights were violated. Any technology used to faciliate a crime under this paragraph shall be subject to forfeiture. Any data collected in violation of this paragraph shall be subject to forfeiture.

B. A person whose rights were unlawfully violated pursuant to this paragraph may maintain a civil action to recover actual damages, punitive damages of up to $10,000, reasonable legal costs, and any equitable relief necessary to enforce this act.

3. No person in the Southern Region shall violate the privacy of another by using or permitting a toilet owned by him to perform or conduct a scan or analysis of any part of the body or bodily fluid or waste product of another person, nor shall any such toilet be used to collect data on any other person, nor shall any data obtained from such toilet be sold or transferred to another.

A. This shall not apply if the person using the toilet affirmatively consents to the scan, analysis, collection, sale, or transfer. Requiring consent as a condition of using such toilet shall not be considered affirmative consent.

B. A violation of this provision shall be a misdemeanor punishable by disgorgement of any profits, imprisonment for no more than one (1) year, and a fine of $10,000.00 per individual person whose data was sold. Any toilet used to faciliate a crime under this paragraph shall be subject to forfeiture. Any data collected in violation of this paragraph shall be subject to forfeiture.

C. A person whose privacy was unlawfully violated pursuant to this paragraph may maintain a civil action to recover actual damages, punitive damages of up to $10,000, reasonable legal costs, and any equitable relief necessary to enforce this act.

4. No person in the Southern Region shall violate the privacy of another by using or permitting facial recognition technology, fingerprint scanning technology, heat scanning technology, implantable microchip technology, retinal scanning technology, DNA scanning technology, or X-Ray scanning technology owned by him to perform or conduct a scan or analysis of the face, fingerprint, or any other part of the body of another person, nor shall any such technology be used to collect data on any other person, nor shall any data obtained from such technology be sold or transferred to another.

A. This shall not apply if the person subject to the technology affirmatively consents to the scan, analysis, collection, sale, or transfer. Requiring consent as a condition to enter a multi-family dwelling or a public place or business shall not be considered affirmative consent, except for employees subject to a written employment contract where notice of such condition is expressly included. Requiring consent as a condition of an end-use customer to fully use or interface with a cellphone, computer, appliance, or product sold to such customer shall not be considered affirmative consent.

B. A violation of this paragraph shall be a misdemeanor punishable by disgorgement of any profits, imprisonment for no more than one (1) year, and a fine of $10,000.00 per individual person whose privacy was violated. Any technology used to faciliate a crime under this paragraph shall be subject to forfeiture. Any data collected in violation of this paragraph shall be subject to forfeiture.

C. A person whose privacy was unlawfully violated pursuant to this paragraph may maintain a civil action to recover actual damages, punitive damages of up to $10,000, reasonable legal costs, and any equitable relief necessary to enforce this act.

5. No person in the Southern Region shall violate the privacy of another by using or permitting audio recording technology to record or capture the voice or speech of another in a private home or dwelling, nor shall any such technology be used to collect data on any other person in a private home or dwelling,  nor shall any data obtained from such technology in a private home or dwelling, be sold or transferred to another.

A. This shall not apply if the person subject to the technology affirmatively consents to the recording, collection, sale, or transfer. Requiring consent as a condition of an end-use customer to fully use or interface with a cellphone, computer, appliance, or product sold to such customer shall not be considered affirmative consent.

B. A violation of this paragraph shall be a misdemeanor punishable by disgorgement of any profits, imprisonment for no more than one (1) year, and a fine of $10,000.00 per individual person whose privacy was violated. Any technology used to faciliate a crime under this paragraph shall be subject to forfeiture. Any data collected in violation of this paragraph shall be subject to forfeiture.

C. A person whose privacy was unlawfully violated pursuant to this paragraph may maintain a civil action to recover actual damages, punitive damages of up to $10,000, reasonable legal costs, and any equitable relief necessary to enforce this act.

6. Any data broker as defined by law who collects data in the Southern Region, or who acquires data on residents of the Southern Region is hereby prohibited from selling location data acquired from cellphone or internet applications or usage, regardless of if the data is anonymized or masked.

A. A violation of this paragraph shall be a misdemeanor punishable by disgorgement of any profits, imprisonment for no more than one (1) year, and a fine of $10,000.00 per individual person whose data was sold. Any data collected in violation of this paragraph shall be subject to forfeiture.

B. A customer whose location was unlawfully sold pursuant to this paragraph may maintain a civil action to recover actual damages, punitive damages of up to $10,000, reasonable legal costs, and any equitable relief necessary to enforce this act.

7. No Regional, State, or local government, department, or agency shall require the use of facial recognition technology, fingerprint scanning technology, implantable microchip technology, retinal scanning technology, or DNA scanning technology, in the processing of any tax forms, benefit applications, utility applications, payments, licenses, permits, or other paperwork. This shall not apply to the requirement that certain employees or contractors submit fingerprints as part of an enhanced background check.

8. No Regional, State, or local law enforcement may seize, copy, or view private security camera recordings without consent or a court order or warrant.

9. This act shall take effect August 1, 2022.