S.23-1.21: Omnibus Privacy Act (Passed)
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  S.23-1.21: Omnibus Privacy Act (Passed)
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Author Topic: S.23-1.21: Omnibus Privacy Act (Passed)  (Read 183 times)
Mr. Reactionary
blackraisin
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« on: February 25, 2023, 09:08:22 AM »
« edited: March 04, 2023, 05:16:34 PM by Mr. Reactionary »

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OMNIBUS PRIVACY ACT

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TITLE I: HOME APPLIANCES

1. It shall be unlawful for any person in the Southern Region to violate the privacy of another by using or permitting any digitally interoperable appliance to collect data on any person in a private home or dwelling in violation of this act,  nor shall any such data obtained from such appliance, be sold or transferred to another.

A. Televisions shall not be permitted to measure ambient room temperatures to determine the location or number of persons within a home or dwelling.

B. Video game consoles and personal computers shall not be permitted to compile or track the location data of any person, or to remotely change any person's power settings.

C. Robot vacuum cleaners shall not be permitted to transmit data on the schematics or layout of any home or dwelling to anyone but the consumer.

D. Coffee makers shall not be permitted to transmit data on the programmed time coffee is to be made to anyone but the consumer.

E. Refridgerators and freezers shall not be permitted to transmit data on the contents therein to anyone but the consumer.

F. Garbage disposals shall not be permitted to transmit data on the contents therein to anyone but the consumer.

G. Toilets shall not be permitted to transmit data on the contents therein or the frequency of use to anyone but the consumer.

H. Lighting fixtures and bulbs shall not be permitted to transmit data on the schematics or layout of any home or dwelling, the frequency or time of use of such fixture or bulb, or the preferred wattage or color of a bulb to anyone but the consumer.

I. Thermostats and utility meters shall not be permitted to transmit data on the schematics or layout of any home or dwelling or the frequency or time of use of electricity, water, or HVAC, to anyone but the consumer, unless the consumer affirmatively opts in to a smart metering agreement with a utility provider.

J. Showers, bathtubs, and hot water heaters shall not be permitted to transmit data on the schematics or layout of any home or dwelling, the frequency or time of use of water, or the preferred water temperature of a consumer, to anyone but the consumer.


TITLE II: FIREARMS

1. No public funds may be expended for the purpose of or in furtherance of creating a registry of firearms or firearm owners, whether Regional, State, local, or private.

2. No parcel transportation or parcel delivery service operating in the South shall require FFL holders to create separate shipping accounts for lawful firearms, firearm parts, or firearm accessories, nor shall any such delivery service separate, flag, or retain any customer record or information identifying a customer as an FFL holder beyond thirty (30) days. Any such record or information may only be shared prior to disposition with law enforcement pursuant to a valid warrant.

3. 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 South or to a resident of the South shall separate, flag, or retain any customer record or information identifying a customer as an FFL holder, a firearms owner, a firearms purchaser beyond thirty (30) days, whether by a registry, a UPC Code number, or otherwise. Any such record or information may only be shared prior to disposition with law enforcement pursuant to a valid warrant.

4. No record or information revealing the identity of the holder of a firearm ownership or carry license issued pursuant to Regional law shall be subject to disclosure under the Regional, State, and local open records requirements thereof. Nothing in this section shall prohibit disclosure to a law enforcement officer pursuant to an investigation or to any party required by a valid subpoena.

5. No police record or information revealing the identity of any person as a firearm owner shall be subject to disclosure under the Regional, State, and local open records requirements thereof. Nothing in this section shall prohibit disclosure to a law enforcement officer pursuant to an investigation or to any party required by a valid subpoena.


TITLE III: GROCERY DATA

1. It shall be unlawful for any person, or the officers, employees, or agents thereof, who operates in the South by selling food, beverages, or other groceries at retail to customers, to sell or share customer purchase data unless such data is entirely anonymized or masked to protect the identity of the customer or if presented with a valid warrant.


TITLE IV: VEHICLES

1. It shall be unlawful for any person, or the officers, employees, or agents thereof, who operates in the South commerce by renting bicycles, scooters, or skateboards to customers, to sell or share location data acquired from such bicycles, scooters, or skateboards, unless such data is entirely anonymized or masked to protect the identity of the customer or if presented with a valid warrant.

2. It shall be unlawful for any person, or the officers, employees, or agents thereof, who operates in the South commerce by selling motor vehicles to customers, to sell or share location data acquired from such cars, regardless of if such data is entirely anonymized or masked.

3. It shall be unlawful for any person, or the officers, employees, or agents thereof, who operates in the South by selling motor vehicles to customers, to utilize software to lock, inhibit, or restrict the full use or performance of such vehicle by the customer after the time of sale, or require such customer to pay a fee or subscription to access the full use or performance of such vehicle.

4. It shall be unlawful for any person, or the officers, employees, or agents thereof, who operates in the South by selling motor vehicles to customers, to utilize software to prohibit or prevent the vehicle from exceeding a posted speed limit.

5. It shall be unlawful for any person, or the officers, employees, or agents thereof, who operates in the South by selling motor vehicles to customers, to utilize software to imprison a person in such vehicle.

6. It shall be unlawful for any person, or the officers, employees, or agents thereof, who operates in the South by selling motor vehicles to customers, to utilize software to take control of or countermand the intended destination of such vehicle.


TITLE V: AIRBNB

1. It shall be unlawful for any person, or the officers, employees, or agents thereof, who operates in Atlasian commerce by marketing and facilitating the short-term rental of residential property to customers, to sell or share location data, customer time, date, or place data, or communications with or from a customer or a property owner to any foreign government or third party unless presented with a valid warrant.


TITLE VI: INTEROPERABLE DEVICES

1. It shall be unlawful for any person in the South to violate the privacy of another by using or permitting any software or hardware which is used to provide wireless internet service to customers or members of the public as a courtesy and without compensation (hereinafter "Wi-Fi Provider") to collect data on any person in violation of this act,  nor shall any such data obtained from such Wi-Fi Provider, be sold or transferred to another.

2. Wi-Fi Providers shall not be permitted to compile or track the location data of any person or device that connects to its wireless internet.

3. Wi-Fi Providers shall not be permitted to transmit data on the time or frequency of when a person or device is connected to its wireless internet to anyone but the consumer.

4. Wi-Fi Providers shall not be permitted to log or compile data about the identity of any device that connects to its Wi-Fi upon connection thereto.

5. It shall be unlawful for any person in the South to violate the privacy of another by using or permitting any digitally interoperable bluetooth device to collect data on any person in violation of this act,  nor shall any such data obtained from such device, be sold or transferred to another.

6. Bluetooth devices shall not be permitted to compile or track the location data of any person.

7. Bluetooth devices shall not be permitted to transmit data on the schematics or layout of any home or dwelling to anyone but the consumer.

8. Bluetooth devices shall not be permitted to transmit data on the time or frequency of when the device is being operated to anyone but the consumer.

9. Bluetooth devices shall not be permitted to log or compile data about the identity of any interoperable device upon connection thereto. Storing a saved password to connect shall not constitute a violation of this provision.


TITLE VII: WEB FILTERS

1. It shall be unlawful for any person, or the officers, employees, or agents thereof, who operates in the South by operating a social media platform, online dating service, or other internet communication platform to violate the privacy of any person by capturing the biometric data, inluding but not limited to the facial features, of any user of such platform through any augmented reality filter. Augmented reality filter means any software program that generates a three dimensional overlay that artificially enhances or changes a user’s appearance or adds accessories to such user's appearance.

2. It shall be unlawful for any person, or the officers, employees, or agents thereof, who operates in the South by operating an online dating service to permit any minor to create an account on its dating platform.


TITLE VIII: SPOOFING

1. As used in this title:

A. Caller identification information means data that identifies the identity of the caller or the caller's telephone number to the recipient of a telephone call or to the recipient's telephone network.

B. False caller identification information means data that misrepresents the identity of the caller or the caller's telephone number to the recipient of a telephone call or to the recipient's telephone network.

2. It shall be a misdemeanor punishable by imprisonment for no more than six (6) months and a fine of no more than $10,000.00 for any person who, with the intent to defraud, intimidate, or harass, causes a telephone to ring and engages in conduct that results in the display of false caller identification information on the called party's telephone.

3. This act shall not apply to:

A. The blocking of caller identification information;

B. Any law-enforcement agencies or any law-enforcement officer while he is engaged in the performance of his official duties;

C. Any telecommunications, broadband, or Voice-over-Internet protocol (VOIP) service provider that is acting in its capacity as an intermediary for the transmission of telephone service between the caller and the recipient, providing or configuring a service or service feature as requested by a customer, acting in a manner that is authorized or required by law, or engaging in other conduct that is a necessary incident to the provision of service.


TITLE IX: SURVEILLANCE

1. The use of drones (unmanned aircraft) by law enforcement, at the State and federal level, for uses outside of search and rescue are to be banned in the South.

2. Schools may not install cameras in classrooms, school counselor offices, bathrooms, locker rooms, or any other designated changing or privacy area. Cameras may only be installed in common areas, which include, but are not limited to hallways, auditoriums, the main office, entrances and exits of the building, gymnasiums, and the cafeteria. Surveillance cameras may be installed in outdoor common areas such as playgrounds, parking lots, athletic fields, and at exits and entrances to the schools.

3. All traffic cameras are hereby banned in the Southern Region. Traffic camera means a camera which may be mounted beside or over a road or installed in an enforcement vehicle to detect motoring offenses, including speeding, vehicles going through a red traffic light, vehicles going through a toll booth without paying, or unauthorized use of a bus, carpool, or express lane.


TITLE X: ENFORCEMENT

1. A violation of this act, unless otherwise specified herein or by law 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 data collected in violation of this paragraph shall be subject to forfeiture and disposition.

2. 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.

3. This act shall take effect May 1, 2023.
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Mr. Reactionary
blackraisin
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« Reply #1 on: February 25, 2023, 09:20:27 AM »

Various federal data privacy laws for the South
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RFayette
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« Reply #2 on: February 27, 2023, 10:14:51 AM »

Motion for final vote
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fhtagn
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« Reply #3 on: February 27, 2023, 07:24:43 PM »

24 hours for objections
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reagente
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« Reply #4 on: March 01, 2023, 11:20:42 AM »

A final vote 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.

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Aye
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RFayette
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« Reply #5 on: March 01, 2023, 11:29:29 AM »

Aye
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fhtagn
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« Reply #6 on: March 01, 2023, 09:57:56 PM »

Aye
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UlmerFudd
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« Reply #7 on: March 02, 2023, 07:02:44 PM »

aye
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Mr. Reactionary
blackraisin
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« Reply #8 on: March 04, 2023, 05:16:21 PM »

Bill passes 4-0-0-1
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