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California leads the nation in privacy protections. Congress wants to end that

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California leads the nation in privacy protections. Congress wants to end that


Individuals face unprecedented threats to their private privateness. Our private data feeds algorithms that resolve every little thing from what adverts we see to life-changing credit score, housing and hiring evaluations. And the makes use of of non-public data collected for one function can later change quickly. This summer time, for instance, regulation enforcement in Nebraska used private data from personal Fb messages between a mom and her teenage daughter to prosecute them for acquiring an abortion.

For many years, California has been a frontrunner in establishing robust privateness protections for its residents. But when some federal lawmakers have it their method, the state will now not give you the chance to take action.

In 2018, the state handed the California Shopper Privateness Act, which supplies Californians the best to entry, delete and cease the sale of their data, amongst different protections. Two years later, voters accredited a poll initiative to additional strengthen the regulation with further protections, together with the best to request companies right errors about them, additional defend their delicate private data and to choose out of automated decision-making. The initiative additionally created the nation’s first knowledge safety authority, the California Privateness Safety Company, for which I’m proud to function chair of the board.

Sadly, new federal laws might undo this progress. HR8152, the American Knowledge Privateness and Safety Act, which the Home Vitality and Commerce Committee is pushing to carry to the Home ground earlier than the tip of this legislative session, would set up knowledge privateness rights on the federal degree. For states that don’t have already got sturdy privateness protections in place, the ADPPA may very well be a big step towards enhancing their privateness protections. However for a state with sturdy privateness protections already in place, like California, the ADPPA does the alternative.

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The act states that, “No State or political subdivision of a State could undertake, preserve, prescribe, or proceed in impact any regulation, regulation, rule, normal, requirement, or different provision having the pressure and impact of regulation of any State, or political subdivision of a State, coated by the provisions of this Act, or a rule, regulation, or requirement promulgated below this Act,” topic to sure exemptions. In different phrases, the ADPPA seeks to preempt beforehand established state privateness legal guidelines, together with ours.

Because of this protections Californians have proper now — rights which are presently being enforced by the California legal professional normal — would disappear. Newer rights, like the best to choose out of automated decision-making, could by no means come into being, as a result of the ADPPA doesn’t present the same proper. Different states with robust privateness protections, like Colorado and Connecticut, would face comparable losses for his or her residents.

The ADPPA wouldn’t solely undermine California shoppers’ rights, however it might additionally undermine companies’ means to confidently spend money on extra privacy-protective practices. In California, companies have already got current regulation and laws to depend on. Our privateness company can also be actively engaged on proposed laws to implement the 2020 poll initiative amendments. Companies could also be understandably confused about find out how to make investments if Congress overturns this current steering, particularly as federal steering may very well be years away.

Maybe worse, by preempting state legal guidelines associated to client privateness, the ADPPA would additionally prohibit states from appearing to guard their residents from future threats. Privateness points come up rapidly, and states can experiment extra nimbly, and replicate their residents’ issues extra straight, than Congress can. If handed, the ADPPA would possible be outdated earlier than it goes into impact. In the meantime, states have been extraordinarily energetic. Maine adopted landmark broadband privateness guidelines in 2019. Colorado and Connecticut have adopted complete industrial privateness legal guidelines that go into impact in 2023. Washington and Oregon have been engaged on draft privateness laws for years. And in latest weeks, the California Legislature superior laws to guard kids’s privateness and to strengthen legal guidelines concerning in-car cameras and sensible audio system.

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It might be a mistake to upend present privateness protections and hamstring states’ means to guard privateness. Additionally it is wholly pointless.

Almost each current main federal privateness regulation offers a ground of protections for all Individuals — and in addition contains language that permits the states to move stronger legal guidelines. That is true of, for instance, the Well being Insurance coverage Portability and Accountability Act, the Gramm-Leach-Bliley Act, the Video Privateness Safety Act, and the Phone Shopper Safety Act. With its sweeping preemption language, the ADPPA is an anomaly amongst federal privateness measures.

My colleague on the California privateness company board, Chris Thompson, just lately famous that the ADPPA assumes that the “robust rights of Californians (and others) must be taken away in an effort to present weaker rights federally.” However, he noticed, it is a “false selection.” He’s right. Individuals can, and will, have each a robust federal ground of privateness protections and extra protections states select to offer.

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Sure, Congress ought to present privateness protections to all Individuals. However it should not proceed by buying and selling away current protections many Individuals depend on. The value is just too nice. 

Jennifer M. City is chairperson of the California Privateness Safety Company Board.

 



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California may exclude Tesla from EV rebate program

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California may exclude Tesla from EV rebate program


California Gov. Gavin Newsom may exclude Tesla and other automakers from an electric vehicle (EV) rebate program if the incoming Trump administration scraps a federal tax credit for electric car purchases.

Newsom proposed creating a new version of the state’s Clean Vehicle Rebate Program, which was phased out in 2023 after funding more than 594,000 vehicles and saving more than 456 million gallons of fuel, the governor’s office said in a news release on Monday.

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“Consumers continue to prove the skeptics wrong – zero-emission vehicles are here to stay,” Newsom said in a statement. “We’re not turning back on a clean transportation future – we’re going to make it more affordable for people to drive vehicles that don’t pollute.”

The proposed rebates would be funded with money from the state’s Greenhouse Gas Reduction Fund, which is funded by polluters under the state’s cap-and-trade program, the governor’s office said. Officials did not say how much the program would cost or save consumers.

NEBRASKA AG LAUNCHES ASSAULT AGAINST CALIFORNIA’S ELECTRIC VEHICLE PUSH

California Gov. Gavin Newsom on Monday proposed creating a new version of the state’s Clean Vehicle Rebate Program if the incoming Trump administration scraps a federal tax credit for electric car purchases. (Photo by Justin Sullivan/Getty Images, File / Getty Images)

They would also include changes to promote innovation and competition in the zero-emission vehicles market – changes that could prevent automakers like Tesla from qualifying for the rebates.

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Tesla CEO Elon Musk, who relocated Tesla’s corporate headquarters from California to Texas in 2021, responded to the possibility of having Tesla EVs left out of the program.

Tesla automobile plugged in and charging a Supercharger rapid battery charging station for the electric vehicle company Tesla Motors, in the Silicon Valley town of Mountain View, California, August 24, 2016.

Tesla and other automakers may not qualify for the proposed tax credits, according to the governor’s office. (Getty Images, File / Getty Images)

“Even though Tesla is the only company who manufactures their EVs in California! This is insane,” Musk wrote on X, which he also owns.

BENTLEY PUSHES BACK ALL-EV LINEUP TIMELINE TO 2035

Those buying or leasing Tesla vehicles accounted for about 42% of the state’s rebates, The Associated Press reported, citing data from the California Air Resources Board.

Newsom’s office told Fox Business Digital that the proposal is intended to foster market competition, and any potential market cap is subject to negotiation with the state Legislature. 

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“Under a potential market cap, and depending on what the cap is, there’s a possibility that Tesla and other automakers could be excluded,” the governor’s office said. “But that’s again subject to negotiations with the legislature.”

Newsom’s office noted that such market caps have been part of rebate programs since George W. Bush’s administration in 2005.

Democrat California Gov. Gavin Newsom

Newsom has pushed Californians to replace gas-powered vehicles with zero-emission vehicles. (Chip Somodevilla/Getty Images / Getty Images)

Federal tax credits for EVs are currently worth up to $7,500 for new zero-emission vehicles. President-elect Trump has previously vowed to end the credit.

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California has surpassed 2 million zero-emission vehicles sold, according to the governor’s office. The state, however, could face a $2 billion budget deficit next year, Reuters reported, citing a non-partisan legislative estimate released last week.

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STEVE HILTON: Five things California Democrats still don't get

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STEVE HILTON: Five things California Democrats still don't get


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Along with most other Democratic politicians in California, Gov. Gavin Newsom still doesn’t seem to understand what happened in the 2024 election.

For years, Newsom, along with California cronies like former House Speaker Nancy Pelosi and, of course, Vice President Kamala Harris, bragged about their state being a “model for the nation.”

In one sense–not the one they intended, of course–that’s true. California became a model of what not to do.

CALIFORNIA VOTERS NARROWLY REJECT $18 MINIMUM WAGE; FIRST SUCH NO-VOTE NATIONWIDE SINCE 1996

The terrible combination of elitism and extremism that has defined Democratic policymaking in my home state for at least the last decade has delivered failure on every front.

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Despite having the highest taxes in the nation, despite the state’s budget nearly doubling in the last ten years (even as our population has been falling, in the exodus from blue state misrule), California has the highest rate of poverty in America. We have the highest housing costs, the lowest homeownership, highest gas and utility bills, and the worst business climate–ten years in a row.

This record of failure is exactly why Democrats lost so badly on November 5th. Voters had a clear choice: between more of the same Democrat policies that raised the cost of living and lowered their quality of life, or a return to the peace and prosperity of the Trump years.

GAVIN NEWSOM TO MEET WITH BIDEN AFTER VOWING TO PROTECT STATE’S PROGRESSIVE POLICIES AGAINST TRUMP ADMIN

In many ways, the contest between Donald Trump and Kamala Harris represented a battle between the ‘blue state model’ championed by Gavin Newsom in California, and the ‘red state model’ that has driven people and businesses out of California and into the arms of more welcoming states like Texas, Tennessee and Florida.

Of course, the red state model won and the blue state model was roundly rejected. 

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You would think that would make blue state leaders like Newsom pause and reflect. But the exact opposite has happened. Gavin Newsom immediately called a “special session” of the California legislature to “Trump-proof” his state.

What California really needs is “Newsom-proofing.” 

Instead, California Democrats are doubling down on the exact same agenda that was defeated across the country – including in California, which saw the biggest shift from Democrats to the GOP in decades.

Here are the five things California Democrats still don’t get:

1. People want results, not lectures

Democrats and their media sycophants can do all the self-righteous, sanctimonious bloviating they like about “our democracy” and “equity”, but in the end people want the basics of the American Dream: a good job that pays enough to raise your family in a home of your own in a safe neighborhood with a good school so your kids can have a better life than you. No amount of moral superiority from the people in charge will make up for that if they fail to provide it.

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2. Enough with the ‘climate’ extremism

“Climate” has become a religion for Democrats, and you see that especially clearly in California. But when you look at the main reason life is so unaffordable for working people, whether that’s gas prices, utility bills or housing costs, extreme climate policies are to blame. Working-class Americans can’t afford these ‘luxury beliefs.’

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3. Who cares about Hollywood? 

This election destroyed forever the myth that fancy celebrities can sway votes. Oprah, Beyonce, George Clooney, Taylor Swift…nobody cares! The new cultural powerhouses are the podcast hosts, comedians…the raw power of UFC is where it’s at, not the decadent Hollywood elite who won’t even turn up to support “their” candidate without a multimillion dollar paycheck.

Producer and actress Oprah Winfrey holds up Vice President and Democratic presidential candidate Kamala Harris’ hand as she arrives onstage during a campaign rally on the Benjamin Franklin Parkway in Philadelphia, Pennsylvania, on November 4, 2024.  (Getty Images)

4. ‘Little tech’ beats Big Tech

Democrats may console themselves with the knowledge that California’s Big Tech monopolies are on their side. But in this election we saw the rise of what famed Silicon Valley investor Marc Andressen calls “little tech”, the upstarts and rebels who reject leftist groupthink. They got engaged in this election in a way we’ve never seen before. It’s a massive shift and will be a huge force for the future.

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5. Working class beats the elite 

Back in 2016, after the Brexit vote, and then Donald Trump’s victory here, shocked the world, I predicted that the Republican Party had the opportunity to become a “multiracial working class coalition.” Trump’s 2024 victory has delivered that — a revolutionary shift in our political landscape. The other part of my prediction? Democrats will be left as the party of the “rich, white and woke.”

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Unless Democrats come to terms with these realities and change course, they can expect to lose elections for years to come. The reaction in California – epicenter of today’s Democrat elite — shows that there is zero sign of this happening. 

They just don’t get it.

CLICK HERE TO READ MORE FROM STEVE HILTON

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California proposes its own EV buyer credit — which could cut out Elon Musk's Tesla

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California proposes its own EV buyer credit — which could cut out Elon Musk's Tesla


  • Gov. Gavin Newsom plans to revive California’s EV rebate if Trump ends the federal tax credit.
  • But Tesla, the largest maker of EVs, would be excluded under the proposal.
  • Elon Musk criticized Tesla’s potential exclusion from the rebate.

California Gov. Gavin Newsom is preparing to step in if President-elect Donald Trump fulfills his promise to axe the federal electric-vehicle tax credit — but one notable EV maker could be left out.

Newsom said Monday if the $7,500 federal tax credit is eliminated he would restart the state’s zero-emission vehicle rebate program, which was phased out in 2023.

“We will intervene if the Trump Administration eliminates the federal tax credit, doubling down on our commitment to clean air and green jobs in California,” Newsom said in a statement. “We’re not turning back on a clean transportation future — we’re going to make it more affordable for people to drive vehicles that don’t pollute.”

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The rebates for EV buyers would come from the state’s Greenhouse Gas Reduction Fund, which is funded by polluters of greenhouse gases under a cap-and-trade program, according to the governor’s office.

But Tesla’s vehicles could be excluded under the proposal’s market-share limitations, Bloomberg News first reported.

The governor’s office confirmed to Business Insider that the rebate program could include a market-share cap which could in turn exclude Tesla or other EV makers. The office did not share details about what market-share limit could be proposed and also noted the proposal would be subject to negotiations in the state legislature.

A market-share cap would exclude companies whose sales account for a certain amount of total electric vehicle sales. For instance, Tesla accounted for nearly 55% off all new electric vehicles registered in California in the first three quarters of 2024, according to a report from the California New Car Dealers Association. By comparison, the companies with the next highest EV market share in California were Hyundai and BMW with 5.6% and 5% respectively.

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Tesla sales in California, the US’s largest EV market, have recently declined even as overall EV sales in the state have grown. Though the company still accounted for a majority of EV sales in California this year as of September, its market share fell year-over-year from 64% to 55%.

The governor’s office said the market-share cap would be aimed at promoting competition and innovation in the industry.

Elon Musk, who has expressed support for ending the federal tax credit, said in an X post it was “insane” for the California proposal exclude Tesla.

The federal electric vehicle tax credit, which was passed as part of the Biden administration’s Inflation Reduction Act in 2022, provides a $7,500 tax credit to some EV buyers.

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Musk, who is working closely with the incoming Trump administration, has expressed support for ending the tax credit. He’s set to co-lead an advisory commission, the Department of Government Efficiency, which is aimed at slashing federal spending.

The Tesla CEO said on an earnings call in July that ending the federal tax credit might actually benefit the company.

“I think it would be devastating for our competitors and for Tesla slightly,” Musk said. “But long-term probably actually helps Tesla, would be my guess.”

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BI’s Graham Rapier previously reported that ending the tax credit could help Tesla maintain its strong standing in the EV market by slowing its competitors growth.

Prior to the EV rebate proposal, Newsom has already positioned himself as a foil to the incoming Trump administration. Following Trump’s election win the governor called on California lawmakers to convene for a special session to discuss protecting the state from Trump’s second term.

“The freedoms we hold dear in California are under attack — and we won’t sit idle,” Newsom said in a statement at the time.





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