The Digital Era American Data Privacy and Protection Act ( H.R.8152)

What is in the American Data Privacy and Protection Act and why was it proposed? It appears we are falling in line with many other nations that have begun the process of protecting consumer and citizen data. That becomes increasingly important as other nations and people use this information (Sometimes for good purposes and sometimes not so much.). There are hackers and criminals as well as scammers and profiteers. So this bill seeks to protect data not only for consumers but also for sensitive government information. It seeks to make market changes that limits certain undesirable behaviors.

A few things from the bill (No endorsement or lack of endorsement. Understanding is key)....

-The bill appears to look at how are handling, or mishandling, information. 

"This bill establishes requirements for how companies, including nonprofits and common carriers, handle personal data, which includes information that identifies or is reasonably linkable to an individual." (H.R.8152 para 1)

-The bill hopes to improve protections for consumers and allow consumers more control over what data is out there.

"The bill establishes consumer data protections, including the right to access, correct, and delete personal data." (H.R.8152 para 3)

-It also seeks to help people opt out of targeted advertising. 

"Prior to engaging in targeted advertising, the bill requires companies to provide individuals with a means to opt out of such advertising. (H.R.8152 para 3)

-Because of concerns of misuse there are additional protections for children (That makes sense to me.).

"The bill also provides additional protections with respect to personal data of individuals under the age of 17. It further prohibits companies from using personal data to discriminate based on specified protected characteristics" (H.R.8152 para 3) (Same old problems some are trying to carry forward when we really should be universalizing. I'm not debating specifics here but just the concept that being online doesn't change the responsibilities one has to society and our core values. Which policy, how, when, case law, etc. is a much longer process of definition.)

Much of theft is often form databases and other large data pools that are ripe for exploiting and combining. Companies love to gather the information from consumers in witting ways but once it becomes stale data it is often left out in cyberspace somewhere or sold for cheap (Do you really wonder where all those spamm calls come from? Someone probably collected, organized, and sold your and your family's data without you even knowing it.) Basically, low value data will be under protected. That may not have value for the company anymore but it does have value for foreign entities. 

"Additionally, companies must implement security practices to protect and secure personal data against unauthorized access, and the Federal Trade Commission (FTC) may issue regulations for complying with this requirement." (H.R.8152 para 4)

People are people and many are self interested (Nah! No way!). If you don't have an enforcement arm good luck trying to actually implement the program. Someday, companies will find greater value in protecting the data and their brand image but for now only a few companies got hit hard in the market for data theft and there reputations recovered sometime thereafter (However, the rest of us know they were negligent with the information and haphazard with how it was stored and protected. The uniformed consumer might not know anything. I still shop there sometimes because they helped us understand the importance of managing data responsibly and they were like any other company. The difference was it was huge and someone reported it. 🛒). I think companies will someday have all types of legal challenges when they don't protect or destroy data correctly.

"The bill provides for enforcement of these requirements by the FTC and state attorneys general. Beginning four years after the bill's enactment, individuals may, subject to certain notification requirements, bring civil actions for violations of the bill." (H.R.8152 para 5)

Blah, blah, blah......😴💤....blah, blah.......legal stuff....blah, blah.....orators......blah blah......zzzz you can sort of just glance at what is in the next sentence and keep going.

"Finally, the bill preempts state laws that are covered by the provisions of the bill except for certain categories of state laws and specified laws in Illinois and California."H.R.8152 para 6

People steal and misuse data all the time. When the Internet was forming it was like the Wild West and data was its six shooter pistol. I came from one of the first batches of computer nerds (Commodore 64 and Atari) when home computers in my area were still rare. In todays world, we would be considered the grandfathers and grandmothers of the now emerging Digital Era (Programming was simple back then. A box or circle bouncing around. I mean, its not like its the Matrix or anything; at least not yet. {Ok sorry...I digress.... 🤣 I'm just joking, its sort of funny. It was meant to be light hearted.})

However, we are pretty much connected everywhere and all the time in today's world. We should expect little privacy and we should expect to have intrusive type advertisement that often know more about you than you might know about yourself (No joke!). (See Psychographics and example Delta County Psychographics. I live a Digital Nomads life so I'm a little more aware than the average of how the basics function. Because we are moving into a new era there will also be some locations like Escanaba that could someday become digital nomad lands that attract the creative class through lifestyle interest.)

The early Internet had no rules! It was the 'Galactic Network' of the Wild West with no way of really monitoring the system. It was designed to be sort of dispersed. Fast forward a few decades and the world is full of data and it streams constantly like airstreams. People are grabbing, playing with it, changing it, collecting it, adjusting it, misusing it, reporting on it, studying it, etc. Most don't have a clue how much data is out there! (So much that there is a kind of global collective conscious.)

American Data Privacy and Protection Act ( H.R.8152) is a truly Digital Era legislation designed around the problems of managing chronically streaming data. The infrastructure updates are necessary to create the networks that lead to information transference but this legislation is designed to protect data and slow foreign ability to get that data. Thus, one is the hard structure and the other is becoming the operational rules. Whether its this legislation or another, there will be a need to protect data. The devil is now in the details as our national leaders debate each of its aspects, drawbacks, and potentials. 

H.R.8152 - 117th Congress (2021-2022): American Data Privacy and Protection Act. (2022, December 30). https://www.congress.gov/bill/117th-congress/house-bill/8152

Bateman, J. (Oct. 12, 2022). Biden Is Now All-In on Taking Out China. Foreign Policy. https://foreignpolicy.com/2022/10/12/biden-china-semiconductor-chips-exports-decouple/

Abel, M. (Oct. 4th, 2021). U.S. Trade Representative Katherine Tai speaks at Center for Strategic and International Studies. Academic Capital. http://www.academic-capital.net/2021/10/us-trade-representative-katherine-tai.html

White House (November 14th. 2022) Readout of President Joe Biden’s Meeting with President Xi Jinping of the People’s Republic of China. 

 https://www.whitehouse.gov/briefing-room/statements-releases/2022/11/14/readout-of-president-joe-bidens-meeting-with-president-xi-jinping-of-the-peoples-republic-of-china/

 

Ezrati, M. (Dec. 5th, 2022). Biden Escalates The Economic War With China. Forbes. https://www.forbes.com/sites/miltonezrati/2022/12/25/biden-escalates-the-economic-war-with-china/?sh=77b3e6b512f3

Sabre: The sport of steel on steel!

Fencing is a sport for those who want to test their skill one-to-one in the ring of steel on steel. One must be quick, polished, faster than lightning and know when to lunge and when to defend. All must be decided before the hand can respond to the brain leading to mm that feels like inches. It is a sport that has been used to develop people, militaries, and sports enthusiasts since the Sixth Century (See History of Swords).

(Ok I'm not that good! Basically I'm good enough for the really good players to practice on. I suspect they figure they can try out all the moves without having to worry about always getting hit. I don't stand like the newbies and every once in a while I find the hole and give it to them.)

I like this sport and haven't done it for a year so I figure I better go through some self practice before I fence with some of the regulars and feel embarrassed again for about two weeks. I try not to let certain skills decline and hedge certain other skills with new sports for well rounded development. You are always learning or you are declining.

( I also got my time down significantly on rowing in preparation for summer and I auditioned for a dance production so I need a week to recover and sabre uses different types of muscles and movements. You might not care but it does encourage those who want to get active and in shape to do so. No excuses. If your criticizing it sounds like you need to get out of the chair more. Ask any trainer, it takes diligence and effort to stay in shape. Do things you like and I like knowing about many things.) 

"Never give a sword to a man who can't" dance. Confucius

Sports Explainer has an excellent interactive of some of the rules of sabre HERE. Here are the basics HERE

Are There Concerns the Santos Method Could be a "Legitimate" Way to Power and Money?

"Dogs Playing Poker"

Marcellus Coolidge 1903

Source: ArtInContext

Some of the Republican Party feel Congressman Santos should be forced to leave Congress while others seem to think he should stay because he is now sitting in a Congressional seat. Consider a couple of pieces of information below as it relates to his voters and general low levels of trust in Congress and govt. . As you read these articles also think about whether Santos is legitimate as a Congressman (...meaning he has any legitimate authority in a democracy where voter willful selection was circumvented as a foundation of democracy.)

I'm light R Republican but I would like everyone that is in our government to act with integrity in the best interest of the American people. When we elect candidates to important positions where they may not be qualified, misrepresented information, and have a shady background we have to consider the long term risks to the republic. In politics party often trumps national interest and short sighted thinking leads to much bigger problems in the future.

We need our best and brightest to take important roles in government because they are qualified to do so and can advance our American democracy (as defined by our philosophies and values). They make the best decisions for All Americans (i.e. not just their party.) When we elect on false information and then do not remove those individuals we have put politics above good national health and our own personal value systems. The decline in the trust of our institutions should be concerning and that should prompt us to be mature and professional about national governance. 

Chewy for Congress!
Kept the floor clean from food!
Willing to press button for treat!
Tough on socks!
Partially potty trained! 5 years in a row!

To me, I think that the behavior should be illegal (fraudulent procurement of benefits and power) and if it is not we should vote to make it so to maintain trust and ensure our leaders act with integrity (...the long term game the supersedes daily short trade political decisions.). Transposing a number on accident and inventing a background are different. If we accept anything and the lowest common denominator of values just because someone can blindly press a button like a monkey will not help us maintain our economic, social, or moral authority.

Apparently I am not a lone voice. New York Republican Party Chair Rep. Nick Langworthy called on Rep. George Santos (R-N.Y.) to resign calling his 2022 bid for Congress “a campaign of deceit, lies and fabrication”. George Santos: ‘I Will NOT Resign’—As New York GOP Chair Joins Calls For Him To Step Down Amid Lying Scandal

Within the video you will find Congressman Santos indicating he should not have to resign and would like to work on Foreign Affairs and Finance Committee (Wow...since when can anyone just proclaim themselves knowledgeable on these topics.). If we accept the Santos Method of procuring resources, finance, and positions of power then we as voters have almost no clue who is running and we have little to no power to control the state of affairs of our nation (I recognize the slight L leaning news piece but also recognize its legitimacy of concern.). 

In essence, we have been sidelined because we lack any real capability of differentiating between candidates and voting becomes a useless mess of picking one pretty face over another. People don't always vote on logic but on perception and impressions of confidence (People who con others show confidence because they lack conscious.). There is a danger of not being informed or being presented accurate information on candidates (One could make a solid sociological argument that low levels of trust are influenced by hyper party politics that encouraged partisans to abandon the democratic process and engage in coordinated political violence that resulted in the first sacking of our capitol. Each action that decreases trust and raised legitimate public concern without correction adds to the risks of future social upheaval. In other words, few care about Santos as an individual but the good moral conscious that some of our connected political elite believe is not necessary for governance of people. You can review Ethics, Representative Govt. and Mistrust and OECD Govt. Trust Poll )

In 2022 the Gallop Poll puts Trust in Congress at 7% HERE and Govt. Trust is 24% HERE. 

If I run for Congress please consider my fake background 1.) Successful brought five nations from dictatorship to democracy, 2.) CEO of Toyota, Ford, Chrysler at the same time, 3.) invented Wonder Bread, 4.) Worked well with Santa to deliver toys as second in charge of Christmas Operations Unit, 5.) Helped Easter Bunny shorten supply chain of colored eggs, and 6.) willing to press button repeatedly for treats and benefits (I trained my dog to shake a paw for a treat. I bet I can teach him to press a button to vote on things he doesn't understand and isn't qualified to make decisions on.) 

I should be a shoe in!

Capitals are increased by parsimony, and diminished by prodigality and misconduct. 

Adam Smith in Wealth of Nations

*P.S. One way to improve integrity is to audit all of Congress resumes for gross "embellishments" and perhaps cross reference entities that appear suspicious in nature. We probably don't want to do that because it might open more issues but If what I'm saying sounds like it could have merrit it might have an impact on bumping up the 7% trust factor. Do I believe Congress will adapt? Yes, because the alternatives in the long term don't seem to be positive. This is a party neutral statement and the article is designed to help us think and improve our national competitiveness to maintain our standing as a open democracy. Please disregard if it doesn't fit within a particular selective attention genre of information that likely reconfirms a false proposition.

Revamping the Military Supply Chain: Navy Secretary States There is Risk to Maintaining Supplies for Ukraine and the U.S.

It just came out that Secretary of the Navy Carlos Del Toro believes there could be some challenges to the supply chain if the U.S. continues to supply Ukraine with weapons for 6 months to 12 months. I agree there are limits to any capacity and as we draw back manufacturing we should make it a priority to think about our essential military supply and resource reserves. Its a good time to innovate our capacities and reorient our production as new technology hits the market (i.e. making sure more of it is from within the U.S.) 

Consider.....
Navy Secretary Warns: If Defense Industry Can’t Boost Production, Arming Both Ukraine and the US May Become ‘Challenging’

also consider.....

Supply Chain QM Collaboration 

Why is Zoning Important to Economic Growth? Escanaba City Council Regular Meeting January 5, 2023

Source: Downtown Escanaba FB Page

Attracting businesses and opportunities makes a lot sense and when entities have a vision that helps coordinate the rest of the activities a higher chance of success is likely. One thing entities such as Escanaba can do is "set the table" for industry and investment. Looking at zoning and other potential hindrances can go a long way in helping companies see where they can establish operations.

(What would be interesting is if they take a new zoning map and overlay the commercial properties for sale with a link to their listings. For example, if you open the Chamber of Commerce website , City Website, or perhaps Invest UP as well as the realtors you might find a zoning map with a commercial properly overlay so investors can see precisely the location, zoning description, open development sites, local commercial lenders ,etc. {One could even consider contact information and possible grants associated with the property}. Clicking the location pin will link to a listing realtors site.) 

(If I was a real estate company I might want to help the city sell investment properties in ways that attract interest, jobs, revenue and improve the long term prospects for generating local wealth and prosperity. The web address can be a great place to point people interested in investing and becomes a useful tool for investment browsers {Big investors do their background research before making moves.}. As it becomes a useful tool more listings will be added. In the end, you have a live battery of commercial properties and a visual of city development assets. Match that with some federal, state and local grants if they apply and you might have a useful calling card for corporate interests. Not a vetted idea. Just a thought that probably would have merit if done well.)

In general, I would look to the market and the local resources for revenue generation. If you are zoning to create ease of attracting businesses and want to ensure there is land available for future growth that is great. For example, if you are open to different market opportunities you may want to simplify the zoning to create broader parameters that allow for more flexibility in attracting businesses. 

Thinking long term can help avoid creating a colossal mess with business, commercial, and residential all mixed up in a way that it restricts future growth once businesses and/or residents start buying property. In other words, know what your vision is for the city and what you hope to attract to that area/zone. Zoning should encourage certain types of high impact businesses without being overly restrictive if the market changes. 

The Brookings Institute put together a fairly solid discussion on the importance of improving zoning in 'Is zoning a useful tool or a regulatory barrier?' 

In my theory, I would consider what I would like in the mid and long term for the City of Escanaba and what I expect the city can both offer and receive from the market. For example, if we want to attract design firms and prototype testing we might want to ensure the zoning will allow such businesses without restricting other opportunities if they emerge. The same can be said for any other firm types and the general needs of protecting the community and ease of commercial investment.

However, if one already has a company that is expected to come in and invest and needs a specific usage, change or exemption then that is a different case (I'm not saying that is happening I'm just saying that if you already know then great.). You want to ensure that business will be in compliance before breaking ground on projects. Often deals are going to have contingencies like changing zoning and/or other adjustments.  

The EPA has a lot of resources on zoning and smart zoning. You can access that at EPA:
Smart Growth in Small Towns and Rural Communities. Marquette, a nice city to the north (not quite as nice as Esky but whatever its my opinion) is mentioned for its waterfront planning and that might be of interest in terms of what worked and what didn't. This is where knowing people part of other projects helps in gaining insight to what could be reasonably applied to Escanaba. (Consider SME Esky, Rebuild Esky, Tourism Micro, Esky Start UP, Esky Smart City, R&D Invest, Global Investor Hedge, There is more but my fingers are tired. ☝ )

-"Marquette, Michigan (2008): Developed a form-based code to help guide the city in its decisions about development in the Downtown Waterfront District."

Consider the zoning changes below and the properties impacted. You may find a copy in the City Council Agenda January 5th, 2023 

ORDINANCE NO. 1272 

AN ORDINANCE TO AMEND SECTION 401.4 OF THE ZONING ORDINANCE AS CODIFIED UNDER APPENDIX A OF THE CODE OF ORDINANCES. THE CITY OF ESCANABA HEREBY ORDAINS: CHAPTER I 

The zoning map referred to in section 401.4 of the Zoning Ordinance as codified under Appendix A of the Code of Ordinances is hereby amended to transfer an area from Light Manufacturing District “F” to Commercial District “E”. 

This area is composed of the following properties: 

051-420-2825-300-005 101 N 30TH ST 051-420-2825-200-012 2701 3RD AVE N 051-420-2825-300-009 107 N 30TH ST 051-420-2825-200-010 2720 1ST AVE N 051-420-2825-200-005 200 N 30TH ST 051-420-2825-200-029 2800 1ST AVE N 051-420-2825-100-007 201 N 30TH ST 051-420-2825-200-020 2929 3RD AVE N 051-420-2825-200-016 220 N 30TH ST 051-420-2825-100-002 300 N 30TH ST 051-420-2825-200-002 2510 3RD AVE N 051-420-2825-100-008 301 N 30TH ST 051-420-2825-200-003 2520 3RD AVE N 051-420-2825-100-006 3300 LUDINGTON ST 051-120-2825-426-001 2525 1ST AVE N 051-420-2825-100-005 331 N 30TH ST 051-420-2825-200-022 2530 1ST AVE N 051-420-2825-300-007 3400 LUDINGTON ST 051-420-2825-400-045 2600 1ST AVE S 051-420-2825-300-003 3401 LUDINGTON ST 051-420-2825-200-019 2601 3RD AVE N 051-420-2825-300-008 3430 LUDINGTON ST 051-420-2825-400-005 2625 LUDINGTON ST 051-420-2825-300-012 3500 LUDINGTON ST 051-420-2825-400-005 2625 LUDINGTON ST 051-420-2825-300-029 3600 LUDINGTON ST 051-420-2825-400-004 2635 LUDINGTON ST 051-420-2825-300-028 3700 LUDINGTON ST 051-420-2825-200-014 2700 1ST AVE N 

CHAPTER II SAVINGS CLAUSE 

If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional. 

CHAPTER III CONFLICTING ORDINANCES REPEALING CLAUSE 

All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed. 

 

New Classified Documents Found: A Need for Better Document Management and Security?

Two presidents, looks like slightly different issues, but same problem of lack of document protection. So, no matter which way we slice the bread at the end of the day we must have a better document security process. That will mean we need to go back and find out what happened in both cases and fix the problem for the future. It makes no difference if on accident or purpose because there is a general lack of protection and management of top secret information. 

On the surface it looks like different situations but again its just a matter of time and understanding. So let us let the process go forward as it should. This is also the time to ensure we understand where improvement should occur.

There are questions that arise as they relate to such things as an end date when someone/dept. has to return documents, who follows up to ensure they have been returned (My local library will demand I return free books eventually. 🤷), what occurs when they are not returned by a certain date,  are there signatures of transfers, training on top secret documents or are there special places that these documents can only be used, etc.?

Its not an impossible situation to fix, and in business it would be easy. We are not in business and we are in politics. That will mean rationality will be part of the process but so will many other non-essential arguments that sort of muck up the central issues. i.e. why it takes so long to find simple solutions sometimes. 

Trenary Outhouse Classics Feb 25th 2023

If you haven't attended one of these outhouse races you are missing the fun. This sport doesn't stink and comes from a long line of outhouse athletes. Trained in the backwoods of the U.P. they come into town to contend much like our ancient Greek Olympians (Some might wonder why this sport hasn't made into the Olympics yet. 😁). Trenary Outhouse Classics Bring a team up and get in the race! Google Map Link. Stay in Escanaba for eats and treats.