Lawfare Daily: Justin Sherman on the Benefits and Limits of a New Law Governing Data Brokers
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 29 April 2024
⏱️ 48 minutes
🔗️ Recording | iTunes | RSS
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Summary
On March 20, the House of Representatives passed the Protecting Americans’ Data From Foreign Adversaries Act. The House bill was passed by the Senate on April 23 as part of the larger foreign aid package, which President Biden signed into law on April 24. Lawfare Senior Editor Stephanie Pell sat down with Justin Sherman, Senior Fellow at Duke University’s Sanford School of Public Policy, to talk about the benefits and limits of the new legislation, now law. They talked about the path that led to the bill’s passage in both the House and Senate, similarities and differences between this new legislation and a recent Executive Order focusing on the preventing the sale of American’s bulk sensitive personal data, and some ways the new law could be improved.
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| 1:12.0 | I think that's a weakness of this bill, which is also a weakness of many other bills and approaches to data brokers is carving out those first parties. |
| 1:15.9 | And that creates a gap in the national security context because then a foreign actor could |
| 1:20.7 | approach a first party location data app or anything else and |
| 1:25.6 | simply purchase the information from there. |
| 1:28.8 | It's the Law Fair podcast. |
| 1:30.6 | I'm Stephanie Pell, senior editor at law fair with Justin Sherman, Senior Fellow at Duke |
| 1:36.6 | University's Sanford School of Public Policy. |
| 1:41.0 | They were taking this sense of information including about kids and sharing it. |
| 1:44.0 | So I think that's a great example of why when you have these limitations on percent of |
| 1:49.5 | revenue or first third party you completely ignore activity that's happening that's |
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