• Online
    • Online Safety
    • Spyware
  • Privacy
    • Identity Theft
    • Medical Records
  • Telephone
    • Cell Phones
    • Number Portability
  • Sales
    • Telephone Solicitation

Current Legislation

Online Safety
Congress – Rep. Bean introduced H.R 3461, which would create a public awareness campaign regarding Internet safety in online transactions, threats to financial information, privacy, threats from cyber-crime, threats to juveniles, cyber predators and material that is inappropriate for minors. CMOR supports the goals of this legislation, which presents no negative impact for the research profession.

Congress – Sen. Mark Pryor introduced the Counter Spy Act (S. 1625), which bars various activities related to “taking control” of another's computer. It requires notice and consent prior to collection of sensitive PII, and disclosure prior to collection of PII under certain circumstances. It does, however, contain an exception for information collection that only impacts user experience at an online service or Web site. The FTC and state Attorneys General would have enforcement authority, and be able to levy civil penalties of up to $3 million per violation.

Identity Theft
Congress Rep Shea-Porter introduced the Social Security Account Number Protection Act (H.R. 3271), which would prohibit the unnecessary solicitation of Social Security numbers, among other features.

Medical Records
California has passed A.B. 1302, which extends the duration of the Health Insurance Portability and Accountability Implementation Act of 2001 until July 1, 2010. The act provides for the implementation of the federal Health Insurance Portability and Accountability Act (HIPAA). This new law does not expand on the federally enacted HIPAA law, it only reinforces that California must comply with the federal standard.

Cell Phones
California has passed S.B. 33 into law. The new law bans all uses (including hands free devices) of a wireless telephone or mobile service device for persons under the age of 18 years while driving a motor vehicle.

Number Portability
Congress – Rep. Bono introduced H.R. 3482, which would enable wireless telephone customers to more easily keep their telephone numbers when switching wireless service providers (and possibly when switching to VOIP or cable). A similar bill, S. 1769, was approved by the Senate Commerce Committee in July.

Telephone Solicitation
Pennsylvania has introduced H.B. 1234, which will extend the state’s Do Not Call list for an infinite duration as opposed to just five years. The state’s do not call list only applies to telemarketing.