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The Lawfare Podcast

Justin Sherman on Regulating the Data Broker Industry

The Lawfare Podcast

The Lawfare Institute

History, News, National Security, Law, Terrorism, Current Events, Military, International Law, Foreign Policy, Intelligence, International Relations, Politics, Diplomacy, Rule Of Law, Government, Constitutional Law

4.76.4K Ratings

🗓️ 9 June 2023

⏱️ 56 minutes

🧾️ Download transcript

Summary

The data broker industry and its role in the digital economy is under scrutiny from Congress. Lawfare Senior Editor Stephanie Pell sat down with Justin Sherman, the Founder and CEO of Global Cyber Strategies and a Senior Fellow at Duke University’s Sanford School of Public Policy, to discuss the data broker ecosystem and the recent article he published in Lawfare about two bills from a previous congress that seek to give consumers more control over the information that data brokers collect and sell about them. They talked about some of the scams and other harms caused by data brokers, the regulatory approaches taken by each bill, and whether federal legislation regulating data brokers will get passed.

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Transcript

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0:00.0

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0:04.0

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0:08.0

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0:14.0

That's patreon.com slash law fair.

0:18.0

Also, check out LawFair's other podcast offerings,

0:22.0

rational security, chatter, law fair no bull, and the aftermath.

0:30.0

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And June 22nd Conditions Apply.

1:02.0

HIPPA, right? The Health Insurance Portability and Accountability Act was passed in 1996.

1:15.0

And in 1996, there obviously were not iPhones.

1:18.0

There were not all of the social media platforms.

1:21.0

There were not data brokers all over the place.

1:24.0

And so the reason that actually a lot of Americans have their health data out there for sale without them knowing it

1:32.0

is because a lot of these companies that collect health data now are not covered by HIPPA.

1:36.0

So if you have a telehealth app to meet with some random person with no connection to a HIPPA covered entity,

1:45.0

they can actually turn around and sell your data.

...

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