U.S. National Privacy Legislation Podcast
Will the United States, the largest economy in the world, enact national privacy and data protection legislation? Or will privacy regulation be left to the 50 states and other countries. The borderless nature of the Internet seems to call for a uniform legislation, but enactment is uncertain. This series of podcasts will explore:
What would national legislation look like? On what principles would it be based? What are the arguments for and against a preemptive national standard? What Federal agency or agencies should be charged with implementing a national privacy law? What role would be left to the states if a national policy were to be adopted? How is Congressional debate likely to unfold? What role will the Executive Branch play in this debate? Will the United States, where the digital economy was born, cede leadership on data protection regulation to other countries? How would a US national privacy law relate to the EU General Data Protection Regulation (GDPR)? What domestic and international competitive issues are in play?
Jerry Buckley, a founding partner of the national financial services law firm, Buckley LLP, and Jody Westby, a prominent consultant on data security, will interview a wide range of privacy policy players: legal experts, consumer privacy advocates, business representatives, academics and state and federal officials.
Data is the lifeblood of our economy and the economic competitiveness issues, domestically and internationally, loom large in this debate, The objective of these podcasts is to hear all points of view on what promises to be one of the most momentous public policy debates of the next decade.
MODERATORS
Jerry Buckley
Jerry Buckley, founder of Buckley LLP, a national financial services law firm, has taken a lead role in promoting national data protection standards. Described by Chambers as “a recognized dean of the consumer financial services bar,” Jerry serves as adviser to the Financial Services Trade Associations Data Protection Working Group, an informal alliance of national financial trade associations responding to fast changing legislative and regulatory developments related to privacy and data security.
Jody Westby
CEO of Global Cyber Risk and also serves as Adjunct Professor at Georgia Institute of Technology’s School of Computer Science. Ms. Westby chairs the American Bar Association’s Privacy & Computer Crime Committee, is co-chair of the ABA’s Cybercrime Committee, and is an appointed member to the ABA President’s Cybersecurity Task Force. She is a professional blogger for Forbes and authors a regular column on cybersecurity issues for Leader’s Edge magazine. Ms. Westby is the author of several books and articles on cybersecurity, cyber conflict, and enterprise security programs.
EPISODES
MAY 5, 2021
The Perspective of NCUA Board Member Rodney Hood
We’re joined this week by National Credit Union Administration Board Member Rodney Hood, who chaired the NCUA Board until early 2021. He made cybersecurity and data protection at credit unions a priority when he became NCUA Chairman in 2019 and he has spoken frequently about the challenges that credit unions face in coping with privacy law requirements and cyber threats.
APR 28, 2021
Rep. Suzan DelBene (D-WA) Discusses the Information Transparency and Personal Data Control Act
This week we’re joined by Representative Suzan DelBene (D-WA) discussing the first major privacy bill introduced in the House in the 117th Congress, the Information Transparency and Personal Data Control Act (HR 1816).
APR 21, 2021
The Proposed EU ePrivacy Regulation and its Implications for U.S. Privacy Legislation
Jerry and Jody examine the proposed EU ePrivacy Regulation, which was approved by the Council of the European Union on February 10, 2021. We discuss the scope of the proposed Regulation, which covers both consumer and corporate electronic communications and would replace the current ePrivacy Directive, commonly known as the “EU Cookie Law.”
APR 14, 2021
Privacy Policy and Financial Inclusion, A National and International Perspective (with Kabir Kumar)
We talk with Kabir Kumar, a Director at Flourish Ventures, an investment fund with a focus on promoting financial inclusion, domestically and internationally, exploring the empowerment that he believes can be achieved by giving individuals greater access to and control over the uses of their personal data.
APR 7, 2021
The Intersection of Technology and Privacy (with Chet Hosmer)
Jerry and Jody are joined by University of Arizona professor Chet Hosmer to explore how technology can undermine or support privacy and data security. We also discuss vulnerabilities in security protocols and what can be done to enhance them.
MAR 31, 2021
The "Private Right of Action" Question (with Mark Rasch)
We have a discussion with Mark Rasch, a recognized authority on cyber and privacy related litigation, regarding the issues surrounding individual enforcement of privacy rights and the concept of a new Private Right of Action in a legislative context. Provision for a Private Right of Action, or the absence thereof, has been identified as a point of contention among those advocating national privacy legislation.
MAR 24, 2021
Taking a Look at State Privacy Efforts: Can They Guide Federal Legislation? (with Michael Aisenberg)
This week we’re joined by Michael Aisenberg, Chair of the ABA”s Information Security Committee and ABA Observer to the Uniform Law Commission’s (ULC) project on Collection and Use of Personally Identifiable Data (CUPID) to discuss whether the CUPID effort or the Privacy Act of 1974 might help shape national privacy legislation and whether we need a national privacy law to resolve cross-border data flows issues with the EU.
MAR 17, 2021
Cross-Border Data Flows: Will the Schrems II Ruling Help Advance National Privacy Legislation? (with Scott Giordano)
This week, we’re joined by Scott Giordano, Senior Counsel – Privacy & Compliance at Spirion, to discuss the CJEU Schrems II decision, which invalidated the U.S. Privacy Shield Program and left companies uncertain about how to continue cross-border data flows.
MAR 10, 2021
The Solarium Commission Report (with Cory Simpson)
This week, Jerry and Jody are joined by Cory Simpson, who served as a Senior Director and lead for the U.S. Cyberspace Solarium Commission, to explore the objectives of the Commission and its principle recommendations.
MAR 3, 2021
National Privacy Legislation Viewed through a Wider Lens (with Carlos Solari)
This week we’re joined by Carlos Solari, a thought leader in data protection for decades, to take a “look around the corner” at the ways data analytics are evolving and the implications for individuals to control the way data will define them in the age of advanced AI and the Internet of Things.
FEB 24, 2021
A Consumer Advocate's View (with India McKinney)
This week, Jerry and Jody are joined by leading consumer advocate, India McKinney, to explore the increasingly important voice that consumers and their advocates have in shaping the debate about the content of legislation at both the state and federal levels.
FEB 17, 2021
The Nexus Between Privacy and Cybersecurity (with Jody Westby and Jerry Buckley)
This week, hosts Jody Westby and Jerry Buckley explore the nexus between privacy and cybersecurity and how these issues may play into the national legislative response to privacy and data protection challenges.
FEB 10, 2021
The Potential Role of Financial Regulators in Showing the Path Forward for National Privacy Legislation (with David Cotney)
We’re joined by David Cotney, Senior Advisor at FS Vector, who shares some ideas about how the FFIEC could play a role in shaping national privacy policy by publishing privacy guidance for banks similar to their Cybersecurity Guidance. He also reflects on how a compromise on the tricky issue of preemption in privacy legislation might be achieved by looking to experience with the Fair Credit Reporting Act.
FEB 3, 2021
The Evolution of Privacy Principles and Practice in the Public and Private Sectors (with Jamie Danker)
We’re joined by Jamie Danker, VP of Privacy at Easy Dynamics Corporation, to discuss how principles long accepted in the federal agency context might have applicability in the private sector or could be used as guideposts for national legislation.
JAN 27, 2021
The Impact of Schrems II and Threat of Data Localization (with Peter Swire)
We’re joined again by Georgia Tech Professor and Alston & Bird LLP Senior Counsel Peter Swire to discuss the implications of the Schrems II decision by the CJEU and its interpretation and implementation by the EDPB.
JAN 20, 2021
Strategies for Readiness and Compliance in a Fast Changing Data Protection Landscape (with Jill Reber)
This week, we’re joined by Jill Reber, General Manager – Data Privacy at Logic20/20, who discusses the strategies companies are adopting as they seek to operationalize data protection in a rapidly changing environment.
JAN 13, 2021
Former FCC Commissioner Calls for a Presidential Commission on the Future of the Internet (with Michael Copps)
In this episode, Jerry and Jody are joined by Michael Copps, former Commissioner and Acting Chairman of the FCC, who now serves as Special Advisor on Media and Democracy Reform at Common Cause. Copps has called on the new Biden administration to establish a Presidential Commission on the Future of the Internet.
JAN 6, 2021
Pondering Preemption of State Privacy Laws (with Peter Swire)
We’re joined by Georgia Tech Scheller College of Business professor Peter Swire, who explains issues and obstacles regarding federal preemption of state privacy laws and discusses a potential approach to a federal privacy law.
DEC 16, 2020
Data Governance: EU Moves While U.S. is Stalled (with Jody Westby and Jerry Buckley)
The EU has launched a series of data regulation initiatives designed to make Europe the “Data Continent” while the U.S. has yet to adopt national data governance rules and lacks an authoritative voice in international data policy discussions.
DEC 9, 2020
Pros and Cons of National Privacy Legislation (with Jurgen Van Staden)
We discuss the complexities and trade-offs involved in the various types of data used by businesses and the pros and cons of national legislation with Jurgen Van Staden, Associate General Counsel for Privacy and Technology at Verizon Media.
DEC 2, 2020
EU Offers Valuable Insights for U.S. National Privacy Debate (with Maarten Stassen)
We talk with Maarten Stassen, a partner in the Brussels office of Crowell & Moring LLP, about how cross-border data protection standards are playing out in practice in the EU.
NOV 18, 2020
EU Data Protection: Any Lessons for US? (with John Bowman)
We explore the rationale that led to adoption of the GDPR, as well as what has worked and what hasn’t, with John Bowman, Senior Principal at Promontory and the U.K. government’s lead GDPR negotiator.
NOV 11, 2020
NIST Privacy Framework Plays Role in National Privacy Discussion (with Naomi Lefkovitz and Dylan Gilbert)
In January 2020, NIST released a voluntary Privacy Framework – we discuss the framework with two NIST advisors who helped lead its development.
NOV 4, 2020
San Francisco Fed Report Looks at National Privacy Policy (with Kaitlin Asrow)
We interview Kaitlin Asrow, author of San Francisco Fed report, “The Role of Individuals in the Data Ecosystem,” a must-hear for anyone seriously interested in understanding the way forward in privacy and data protection policy.
OCT 28, 2020
Nicole Booth & Elizabeth Young LaBerge
We will explore the data protection issues the financial services industry is grappling with at the state level and the prospects for national privacy legislation.
OCT 21, 2020
Kate Flocken & Tyler Griffin
The legislative landscape on Capitol Hill is fluid and the results of the election will have a big impact on what way Congress decides to go with a national privacy regime.
OCT 14, 2020
Daniel Solove
This week, we’re talking with Daniel Solove, law professor at the George Washington University and founder of TeachPrivacy.
OCT 14, 2020
Jim Dempsey
Jim Dempsey is the Executive Director, Berkeley Center for Law and Technology and formerly held leadership roles at the Center for Democracy and Technology.
oct 7, 2020
Welcome to the U.S. National Privacy Legislation Podcast
Will the United States, the largest economy in the world, enact national privacy and data protection legislation? Or will privacy regulation be left to the 50 states and other countries. The borderless nature of the Internet seems to call for a uniform legislation, but enactment is uncertain.
