Maryland

Maryland Legislature considers online privacy bill. AG says resources needed to enforce.

Published

10 months ago

March 4, 2024

Maryland Legislature considers online privacy bill. AG says resources needed to enforce.

A sponsor of legislation that is now being considered by the Maryland General Assembly and designed to protect residents’ privacy online called the current data environment in the United States “almost like the Wild Wild West.”

The bill, backed by state Sen. Arthur Ellis, D-Charles, and others, requires only personal data that is “reasonably necessary” be collected for a specific product or service as requested by a consumer. That “data” can sometimes be as personal as someone’s own fingerprint or face.

In 2022, the American facial recognition software company Clearview AI settled a lawsuit, agreeing to limit sales of its facial recognition database after allegations it acquired people’s photos without their consent. “Data” can also include other sensitive items like race, one’s location, even one’s religion.

Over a dozen U.S. states from Connecticut to California have enacted comprehensive privacy laws in recent years. A primary sponsor of the Maryland Online Data Privacy Act of 2024, state Sen. Dawn Gile, D-Anne Arundel, gave a reason why: “Congress has failed to act.”

The Maryland bill, in most cases (excepting the disclosure of a trade secret), gives an individual the right to know what data about themself is being collected. It allows an individual access to their personal information and provides a right to know of any third parties to whom that data has been disclosed. The bill, as drafted, also allows an individual to correct any inaccuracies in the data that is held, have that data deleted, and opt out of the sale or further use of that data.

As the legislation is considered in the Maryland Senate Finance Committee, more than a couple members are looking to pass the bill to provide privacy protections for the state’s residents instead of waiting on Washington, D.C., where Ellis says there is a case of “passing the buck.”

“We, as a state, we can and we should (take responsibility) until the national standards keep up,” said Ellis, pointing to the federal government’s inaction. “It will influence how these companies do business across the U.S.”

More: Gov. Moore takes action on artificial intelligence; here’s what’s in new executive order

Maryland Attorney General calls for more enforcement resources

Maryland Attorney General Anthony Brown, a former U.S. congressman, has seen this story with online data privacy legislation before. Not because bills have failed in recent years (they have), but because he introduced similar legislation over 20 years ago that ended up as law.

In 2001, about a decade into the commercialization of the internet, the first-term state delegate then representing Prince George’s County sponsored House Bill 14, which established a unit in the Office of the Attorney General to “protect the privacy of individuals’ personal information and to protect the public from unlawful conduct or practices in electronic transactions.” Between the two chambers, the bill passed with 184 legislators in favor and only one legislator against.

“We created a unit,” said Brown, of the 2001 Maryland law he backed, during a Feb. 28, 2024 phone interview, “but the Legislature never funded the unit.”

Over 20 years after his bill’s passage, Brown says the online landscape has “changed dramatically,” as he referenced several new technologies, including deepfakes, and called it a “much more complex landscape.”

“But the issues remain the same,” said the former state delegate, of data privacy. And the now-attorney general, starting his second year, is aiming to not repeat what happened from his tenure in the General Assembly.

“As my office is currently configured and staffed and equipped, I cannot enforce the provisions of the online data privacy (bill),” said Brown, calling for additional resources for the office, a refrain he has utilized dating back to the day he was sworn over a year ago in January.

He said new personnel — forensic investigators, data analytics experts, mediators — would be required to enforce a new law. “I need people who are experienced in this area,” Brown said. “Yeah, I’ll need a few lawyers, but I need a lot of non-lawyers to do the work as well.”

More: Anthony Brown sworn in as attorney general, brings big asks to Annapolis

Maryland bill, as introduced, received a B-, privacy groups say

Michele Gilman, a professor at the University of Baltimore School of Law, called the legislation substantively a “great bill,” but expressed disappointment in a lack of a “private right of action.”

“The advantage of a private right of action,” she said, “is it would allow people to vindicate their rights on their own with or without the support of the attorney general.”

During a Feb. 28 interview on the Senate floor, the bill’s primary sponsor, Gile, said the “main opposition” to the legislation was a private right of action, a provision not included in the bill as introduced. “That was kind of a balance that we ended up trying to strike this year,” she said, calling that specific opposition, including from companies, a “resounding chorus.”

Gile, an attorney, indicated her thought that there was “some merit” to concern raised by some about frivolous lawsuits.

According to the grades included in a “State of Privacy” report by a pair of privacy advocacy groups that ranked the 14 other states’ comprehensive privacy laws, the Maryland bill, as introduced without a private right of action, received a B-. California (the only state with a private right of action in law) received a B+ and was the only other state to receive a grade above a C+.

Gilman, who directs a law clinic representing low-income Marylanders at the University of Baltimore, indicated she and student attorneys would be able to bring cases to help enforce the statute, if there was a private right of action.

“The way it’s drafted now,” said Gilman, “we won’t be able to play that role.”

More: Maryland’s new Artificial Intelligence advisor starts as legislator calls for privacy law

Republican senator says he does not see bill as a ‘partisan issue.’

State Sen. Justin Ready, R-Carroll/Frederick, a member of the Finance Committee that heard testimony about the bill, said the Attorney General’s Consumer Protection Division is “probably the appropriate place” for enforcement.

Ready, the minority whip, said he does not view the legislation as “a partisan issue.”

“We don’t want people’s data being sold and trafficked without their consent,” he said, during a Feb. 29 interview on the Senate floor.

Sometimes that “data,” like online shopping habits and search history, can be used for purposes that some people may prefer (i.e. — targeted advertisements). The legislation applies to companies that collect over data of at least 35,000 consumers or at least 10,000 consumers, if the firm makes a fifth of its revenue from selling data. Ready called the legislation a “complex, big bill.”

“We live in an interconnected world, so figuring out where’s that line, where’s that balance,” he said, “we’re trying to find that.”

More: Russia called out for actions in Ukraine by Rep. Andy Harris, Maryland US senators

Privacy bills needs to pass both chambers to reach governor

Ellis, the bill sponsor who called the current data environment “almost like the Wild Wild West,” said Maryland has a lot of wealth in the state and puts a lot of money into the digital economy.

A 2023 report on the State of the Tech Workforce from the Computing Technology Industry Association (CompTIA) supports that, showing over 14,000 tech firms with payroll in Maryland. The report indicated that the technology sector made up 8.9% of Maryland’s overall economy.

The United States Air Force veteran Ellis compared Maryland and the U.S. to Europe, where a data privacy law, the General Data Protection Regulation (GDPR), went into effect in 2018.

“The European Union does a much better job in holding firms accountable and responsible,” said Ellis, during a Feb. 28 interview on the ground floor of the nation’s oldest state capitol in continuous legislative use, “We’re still laissez-faire, anything goes in this country.”

The Senate Finance Committee is expected to vote on the measure this week, according to a bill sponsor. A companion bill in the House also had a committee hearing in February. Both bills need to pass in their respective chambers in order for the legislation to reach the governor’s desk.

More: Maryland bill seeks to streamline application process for items like licenses, permits

Dwight A. Weingarten is an investigative reporter, covering the Maryland State House and state issues. He can be reached at dweingarten@gannett.com or on Twitter at @DwightWeingart2.

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Maryland

Top 25 Maryland Boys High School Basketball State Rankings (12/25/2024)

Published

7 hours ago

December 25, 2024

Press Room

Top 25 Maryland Boys High School Basketball State Rankings (12/25/2024)

There’s no change at the top of the latest Maryland high school boys basketball Top 25 rankings. Bullis School, DeMatha Catholic, Georgetown Prep, St. Frances Academy and Glenelg Country School maintain their positions in the Top 5.

Edmondson-Westside is the biggest mover this week, going from 24th to No. 21 after knocking off then-No. 21 Baltimore City College. Prince George’s Christian Academy debuts at No. 22, thanks to its win over then-No. 20 Clinton Grace Academy.

Previous rank: 1

The Bulldogs, who lost in the Signature Series final at the City of Palms Classic in Florida, will play at the Jordan Brand Holiday Classic starting Friday.

Previous rank: 2

The Stags will play at the Governor’s Challenge in Salisbury, Friday and Saturday.

Previous rank: 3

The Little Hoyas will play at the Torrey Pines Holiday Classic in San Diego starting Thursday.

Previous rank: 4

The Panthers, who defeated No. 7 Our Lady of Mount Carmel in overtime, will play at the Jordan Brand Holiday Classic in New York, Saturday and Sunday.

Previous rank: 5

The Dragons will play at the Governor’s Challenge Saturday and Sunday.

Previous rank: 6

The Cavaliers will play at the Governor’s Challenge Friday and Saturday.

Previous rank: 7

The Cougars, who lost to DeMatha Catholic and St. Frances Academy, will play at the Mid Penn Bank Classic in Pennsylvania Friday and Saturday.

Previous rank: 8

The Gaels will play at the Junior Orange Bowl Classic in Florida starting Friday.

Previous rank: 9

The Warriors will play at the Governor’s Challenge Saturday and Sunday.

Previous rank: 10

The Lions will play at the Governor’s Challenge Friday and Saturday.

Previous rank: 11

The Bengals have scored 90 or more points four times.

Previous rank: 12

The Patriots, who dropped close decisions to No. 5 Glenelg Country School and No. 6 Archbishop Spalding, will play at the Benedictine Capital City Classic in Virginia starting Friday.

Previous rank: 13

The Lions rebounded from loss to SIdwell Friends School (D.C.) with victories over Mount Zion Prep-Blue team and New Hope Academy.

Previous rank: 15

The Dons, who’ve won three straight, will play at the Blue Jay Christmas Classic in New Orleans starting Friday.

Previous rank: 16

The Eagles will play at the Benedictine Capital City Classic starting Friday.

Previous rank: 14

The Mustangs, who went winless at the City of Palms Classic in Florida, will play Archbishop Wood (Pa.) at the Governor’s Challenge Monday..

Previous rank: 17

The Eagles will play at the Severna Park Winter Jam Tournament Thursday and Friday.

Previous rank: 18

The Lions have lost two of their last three decisions.

Previous rank: 19

The Crusaders knocked off District of Columbia No. 3 St. John’s College.

Previous rank: 22

The Pumas will host the Lou Wilson Holiday Tournament, Friday and Saturday.

Previous rank: 24

The Red Storm, who defeated then-No. 21 Baltimore City College, will play at the Governor’s Challenge Thursday and Friday.

Previous rank: Not ranked

The Flyers, who defeated then-No. 20 Clinton Grace Christian, will play at the Beach Ball Classic in South Carolina starting Friday.

Previous rank: 21

The Black Knights, who dropped decisions to then-No. 24 Edmondson-Westside and West Catholic Prep (Pa.) will play at the Governor’s Challenge, Friday and Saturday.

Previous rank: 23

The Seahawks will play at the Governor’s Challenge, Friday and Saturday.

Previous rank: 25

The Hubs will play at the Skip Fowler Memorial Tournament in West Virginia, Friday and Saturday.

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Maryland

The rich and controversial history of Maryland’s clown ministers

Published

16 hours ago

December 25, 2024

Press Room

The rich and controversial history of Maryland’s clown ministers

We are fools for Christ’s sake.

So believed the apostle Paul when he penned a letter to the Corinthian church. And so, too, believed Maryland’s pioneering clown ministry.

This niche style of Christian outreach is as outrageous as it is earnest, and traces some of its roots back to Columbia. It’s perhaps a legacy that James Rouse never imagined when he founded the Howard County town, with its distinctive urban plan, efficient use of land and commitment to diversity. Rouse included a series of interfaith centers intended to bring people of different beliefs under one roof. The model inspired one local pastor at Abiding Savior Lutheran Church to pursue his own experiment blending liturgy with laughter.

These days, Rev. Floyd Shaffer is remembered by some as the “clown father” of modern Christian clowning. Though liturgical clowning already had a history in Europe, Shaffer spent his time in Columbia in the 1970s dabbling in clown ministry and eventually became known as a leader of the movement in the United States. He died three years ago, his wife Marlene Shaffer confirmed.

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Even though the whimsical ministry’s heyday was in the 1980s and ’90s, some Christians continue to answer the call to clown. And the practice has captivated new audiences on TikTok and YouTube.

Earlier this year, the Columbia Maryland Archives put together an online exhibit about the town’s nondenominational clown ministry, called Faith and Fantasy, which Shaffer founded in 1974. Archivist Erin Berry said staffers were inspired after stumbling across a popular YouTube channel’s episode on Christian clowning.

Shaffer’s idea for a clown ministry came to him in 1964 on a beach in Fort Lauderdale, Florida. The pastor was in town for a Bible study and leafing through some books when he stumbled across the etymology of the word clown. He connected it with Jesus’ command to be a servant.

That same year, Lutheran church leaders were getting creative with clowns — and it wasn’t going over well.

The National Lutheran Council produced the short film “Parable,” which depicted Jesus as a white-faced clown and the world as a circus.

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The film’s 1964 debut at the New York World’s Fair roiled event organizers, some of whom resigned in protest. One “disgruntled minister threatened to riddle the screen with shotgun holes if the film was shown,” the Library of Congress noted when it announced that it had selected “Parable” for preservation in the National Film Registry in 2012.

Six years later, Shaffer debuted as a clown minister for the opening day of Abiding Savior’s vacation Bible school, according to a news article preserved in Columbia’s archives.

Floyd Shaffer as Socataco and his granddaughter Erica play with a clown marionette. (Created by Floyd Shaffer/Courtesy of Columbia Maryland Archives)

“I don’t think that something that’s so controversial — I don’t know what other word to use — as clowning ministry could flourish in another place other than Columbia,” Berry said. “You could just try what you wanted to try.”

Other leaders within Columbia’s interfaith centers encouraged Shaffer to keep at it, said 86-year-old Marge Goethe. Her husband, Rev. Jerry Goethe, the pastor for Kittamaqundi Community Church, suggested to Shaffer that he teach a class on clown ministry. Together, the two men designed a seven-week course that covered theology, the history of clowning, skits and games to encourage playfulness.

Many local residents, including Marge Goethe, enrolled in the classes, embraced clown ministry and set out to visit children’s hospitals, retirement homes and domestic violence shelters. She learned how to silently deliver sermons with gestures and humor, but never mockery. Goethe used lipstick to draw a red circle — a symbol of the liturgical clown — on her cheek.

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Goethe developed her clown persona and named him Harry, after a man she knew as a child who lived on the streets. He was a reminder that she could either be the kind of person who brushed him off or helped him out.

Howard County’s clown ministry eventually grew to include as many as 300 clowns, The Baltimore Sun reported in 1994. Members of the Faith and Fantasy ministry went on to teach clown ministry around the country and internationally.

Not every audience loved the routine.

During a worship service at a Virginia college’s youth convention, Goethe and other clown ministers offered to draw the mark of the clown on people’s cheeks.

“What is that, the mark of the devil?” one man asked.

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Goethe couldn’t reply while she was in character.

“All I had to do was accept what he was feeling at the time and hope it changed at some point,” Goethe said.

Goethe still attends Kittamaqundi services and performs clown ministry. When people ask her about the decades she spent cheering up strangers, she worries she won’t find the right words to explain how rich clown ministry turned out to be.

“I did more good for people being silent,” Goethe said.

Shaffer eventually moved to Ohio and authored several books with titles such as “If I Were A Clown” and “Clown Ministry.” He produced instructional videos on clown ministry that lately have found a rapt audience on the internet.

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Jen Bryant realized she had a personal connection with clown ministry while putting together an episode on the subject for her YouTube channel, Fundie Fridays, which features cultural commentary on aspects of fundamentalist Christianity in the United States. The Missouri resident’s grandfather, a Catholic, performed for a time as a clown minister under the name “George-o.”

Every community seems to have its subcultures, Bryant said, and she found that was also true for clowns. There are classical clowns like Joseph Grimaldi, a Regency-era entertainer who introduced the white face makeup. There are dark clowns like Juggalos, a nickname for fans of the hip-hop group Insane Clown Posse. And there are scary clowns like Pennywise, the shapeshifting antagonist in Stephen King’s 1986 horror novel “It.”

At first, Christian clowns sounded like a meme to Bryant. The full story, she said, turned out to be “way more interesting.”

Bryant and her husband James Bryant ordered copies of Shaffer’s books and collected a variety of research on clown ministry for their episode, which posted in April. The hourlong segment earned an “overwhelmingly positive” response from their audience, many of whom are in the midst of deconstructing their faith and understanding of Christianity, Bryant said.

“Everyone just thought this was just the most pleasant little novelty,” James Bryant said.

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Maybe Christian clowns are even the original deconstructors.

“They’re people who went, ‘faith wasn’t working exactly how we wanted it to, so we broke it down and changed it,’” he said. “It worked. It has a legacy.”

Appearing in a video on Kittamaqundi’s YouTube page, Shaffer said clown ministry gives people a new way to live out and enjoy theology, “instead of being so glum and gloomy and solemn, as much of the church has become.”

Many Bible stories defy rational thought and that’s sort of the point, Floyd said in the video.

Scripture, Floyd noted, often suggests that God has a sense of humor.

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