LEGISLATIVE UPDATE
STATES TAKE UP PRIVACY LEGISLATION
Kids in the Know Wins Battles in California, Illinois, and Virginia
| |
Throughout the spring, Kids in the Know has been fighting harmful privacy legislation in three state legislatures. A Virginia bill that would have cut off an important source of names for schools and others was changed. An Illinois parental-consent measure has been put on hold after Kids in the Know explained the harm it would cause. And just last Thursday a bill with stringent opt-out notification requirements was rejected temporarily by the California Assembly.
CALIFORNIA: OPT-OUT NOTICES
The site of so much activity on the privacy front, California is back with legislation containing specific opt-out requirements. The bill (AB 1856) requires unsolicited mail to display prominently information about how recipients can be removed from the list and not receive any more mail from the sender. Sponsored by influential Assemblyman Joe Nation, it expands current laws covering faxes and e-mails to cover traditional mail.
While Kids in the Know members wouldn’t necessarily oppose opt-out requirements, the bill is very specific about what mailers must do and print. For example, a notice must be in “12-point boldface type” under the address label on postcards, magazines, catalogues, or other materials that aren't sent in an envelope. And a bold statement must be printed at the top of the first page on materials sent in an envelope.
After sailing through two key committees, the Assembly voted 35-29 Thursday, May 16 to “refuse” to pass the measure. But the vote leaves the door open for Assemblyman Nation to bring a modified version back for reconsideration. Kids in the Know leaders - the National Research Center for College and University Admissions, Who’s Who Among American High School Students, and American Student List - wrote opposing the bill. It was also opposed in Sacramento by such organizations as the Direct Marketing Association, the California Chamber of Commerce, and the Magazine Publishers of America.
Kids in the Know will continue to ensure that any resurrected version of the bill does not contain overly stringent requirements.
| | |
