Anti-privacy legislation: Difference between revisions
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==Why it is a problem== | ==Why it is a problem== | ||
===Anti-privacy legislation is a direct infringement of the | ===Anti-privacy legislation is a direct infringement of the First and Fourth Amendments found in the Bill of Rights (U.S.A.)=== | ||
*The First amendment states: | |||
*The | <blockquote>Congress shall make no law respecting an establishment of religion, or '''prohibiting''' the free exercise thereof; or '''abridging''' the '''freedom of speech''', or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.<ref>{{Cite web |date=28 Feb 2026 |title=U.S Constitution - First Amendment |url=https://constitution.congress.gov/constitution/amendment-1/ |url-status=live |archive-url=https://web.archive.org/web/20260307171826/https://constitution.congress.gov/constitution/amendment-1/ |archive-date=2026-03-07 |access-date=28 Feb 2026 |website=Constitution Annotated}}</ref></blockquote> | ||
<blockquote>Congress shall make no law respecting an establishment of religion, or '''prohibiting''' the free exercise thereof; or '''abridging''' the '''freedom of speech''', or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.<ref>{{Cite web |date=28 Feb 2026 |title=U.S Constitution - First Amendment |url=https://constitution.congress.gov/constitution/amendment-1/ |url-status=live |archive-url=https://web.archive.org/web/20260307171826/https://constitution.congress.gov/constitution/amendment-1/ |archive-date=2026-03-07 |access-date=28 Feb 2026 |website= | |||
If '''Anti-privacy legislation''' were to be implemented, that gives anyone with access to data on someone the ability to '''restrict freedom of speech''' or oppose those with unwanted views of the world, thus infringing the 1st amendment.{{Citation needed|date=28 Feb 2026}} | If '''Anti-privacy legislation''' were to be implemented, that gives anyone with access to data on someone the ability to '''restrict freedom of speech''' or oppose those with unwanted views of the world, thus infringing the 1st amendment.{{Citation needed|date=28 Feb 2026}} | ||
*The | *The Fourth amendment reads as follows: | ||
<blockquote>The right of the people to be secure in their persons, houses, papers, and effects, against '''unreasonable searches and seizures''', shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.<ref>{{Cite web |date=28 Feb 2026 |title=U.S Constitution - Fourth Amendment |url=https://constitution.congress.gov/constitution/amendment-4/ |url-status=live |archive-url=https://web.archive.org/web/20260224165919/https://constitution.congress.gov/constitution/amendment-4/ |archive-date=2026-02-24 |access-date=28 Feb 2026 |website=Constitution Annotated}}</ref></blockquote>'''Anti-privacy legislation''' infringes on a citizen's right to avoid "'''unreasonable searches and seizures'''" since It may require/force citizens to show proof of age('''selfies, id's, credit cards''') without real probable cause and since It may also force said citizen to use less secure services that allow federal agencies to gain higher access to said services and retrieve to whatever data is "needed".{{Citation needed|date=28 Feb 2026}} | <blockquote>The right of the people to be secure in their persons, houses, papers, and effects, against '''unreasonable searches and seizures''', shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.<ref>{{Cite web |date=28 Feb 2026 |title=U.S Constitution - Fourth Amendment |url=https://constitution.congress.gov/constitution/amendment-4/ |url-status=live |archive-url=https://web.archive.org/web/20260224165919/https://constitution.congress.gov/constitution/amendment-4/ |archive-date=2026-02-24 |access-date=28 Feb 2026 |website=Constitution Annotated}}</ref></blockquote>'''Anti-privacy legislation''' infringes on a citizen's right to avoid "'''unreasonable searches and seizures'''" since It may require/force citizens to show proof of age('''selfies, id's, credit cards''') without real probable cause and since It may also force said citizen to use less secure services that allow federal agencies to gain higher access to said services and retrieve to whatever data is "needed".{{Citation needed|date=28 Feb 2026}} | ||
*'''Anti-privacy legislation''' can also build the framework and foundation for other | *'''Anti-privacy legislation''' can also build the framework and foundation for other and more extreme anti-privacy measures, and such anti-privacy measures can lead to the slow development of a '''''surveillance state.'''''<ref>{{Cite web |last=Sherwinter |first=Daniel |date=28 Feb 2026 |title=Surveillance's Slippery Slope; Using Encryption to Recapture Privacy Rights |url=http://www.jthtl.org/content/articles/V5I2/JTHTLv5i2_Sherwinter.PDF |url-status=live |archive-url=https://web.archive.org/web/20240730145810/http://jthtl.org/content/articles/V5I2/JTHTLv5i2_Sherwinter.PDF |archive-date=2024-07-30 |access-date=28 Feb 2026 |website=Journal on Telecommunications and High Technology Law}}</ref> | ||
==List of Legislation== | ==List of Legislation== | ||
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|The Colorado Senate Bill "SB26-051" is a "copycat bill" of California's own "Assembly Bill No. 1043" which requires operating systems of any kind(open source or not), to utilize an interface on account setup to gain an age signal for developers to use in the main app store. Overview of said bill reads as follows; "The bill requires application developers to receive user age information and use it to comply with any applicable law." | |The Colorado Senate Bill "SB26-051" is a "copycat bill" of California's own "Assembly Bill No. 1043" which requires operating systems of any kind(open source or not), to utilize an interface on account setup to gain an age signal for developers to use in the main app store. Overview of said bill reads as follows; "The bill requires application developers to receive user age information and use it to comply with any applicable law." | ||
|Device-Based Age Indication | |Device-Based Age Indication | ||
| | |Approved (Active Jan 1, 2028) | ||
|- | |- | ||
|[https://www.congress.gov/bill/119th-congress/senate-bill/737/text S.737 - Screen Act] | |[https://www.congress.gov/bill/119th-congress/senate-bill/737/text S.737 - Screen Act] | ||
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|Approved | |Approved | ||
|- | |- | ||
|Real-life identity disclosure required to activate SIM cards.<ref>{{Cite web |date=6 Mar 2026 |title=SIM Card Registration |url=https://privacyinternational.org/learn/sim-card-registration |url-status=live |access-date=6 Mar 2026 |website=[[Privacy International]]}}</ref><ref>{{Cite web |last=Bischoff |first=Paul |date=2025-04-23 |title=Which governments impose SIM-card registration laws to collect data on their citizens? |url=https://www.comparitech.com/blog/vpn-privacy/sim-card-registration-laws/ |url-status=live |access-date=6 Mar 2026 |website=[[Comparitech]]}}</ref> | |Real-life identity disclosure required to activate SIM cards.<ref>{{Cite web |date=6 Mar 2026 |title=SIM Card Registration |url=https://privacyinternational.org/learn/sim-card-registration |url-status=live |archive-url=https://web.archive.org/web/20251208124027/https://privacyinternational.org/learn/sim-card-registration |archive-date=2025-12-08 |access-date=6 Mar 2026 |website=[[Privacy International]]}}</ref><ref>{{Cite web |last=Bischoff |first=Paul |date=2025-04-23 |title=Which governments impose SIM-card registration laws to collect data on their citizens? |url=https://www.comparitech.com/blog/vpn-privacy/sim-card-registration-laws/ |url-status=live |archive-url=https://ghostarchive.org/archive/ShIek |archive-date=2026-01-17 |access-date=6 Mar 2026 |website=[[Comparitech]]}}</ref> | ||
|Many countries. | |Many countries. | ||
|People are required to associate their real-life identity with their SIM cards, making "burner phones" impossible, and making it impossible to access the cellular Internet without being tracked by the government. Additionally, this can be used to exclude political dissidents from accessing the Internet. | |People are required to associate their real-life identity with their SIM cards, making "burner phones" impossible, and making it impossible to access the cellular Internet without being tracked by the government. Additionally, this can be used to exclude political dissidents from accessing the Internet. | ||
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|[https://legis.la.gov/legis/ViewDocument.aspx?d=1289498 Louisiana HB Bill/Act No. 440] | |[https://legis.la.gov/legis/ViewDocument.aspx?d=1289498 Louisiana HB Bill/Act No. 440] | ||
|Louisiana, U.S | |Louisiana, U.S | ||
| | |[TBA] | ||
|Age Verification | |Age Verification | ||
|Approve (Active since | |Approve (Active since | ||
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|Approved (Active since Jul 1 2024) | |Approved (Active since Jul 1 2024) | ||
|- | |- | ||
|[https://www.congress.gov/bill/119th-congress/house-bill/8250/all-info Congress H.R.8250] | |||
|U.S | |||
|[TBA] | |||
|Device-Based Age Verification | |||
|Introduced | |||
|- | |||
|[[Safe Digital Environments Law]] (Ley de Entornos Digitales Seguros) | |||
|Chile | |||
|There are two bills published for the creation of this law, one focused on education towards internet risks and the other one proposing measurements similar to practices as the ones that have been taking effect in Europe and Australia for users under 16. The second bill might be incompatible with the current [[Net Neutrality Law]] established in 2010. | |||
|Age Verification/Censorship | |||
|Introduced | |||
|} | |} | ||