June 30, 2017
DMA - Data & Marketing Association
 
Advocate
 
 
Direct from Washington
Advocacy Update
The DMA Advocacy Team will update DMA members on critical data policy challenges.

WEBINAR  |  July 13  |  2:00 PM

 
 
DMA Joins MetaX to Launch adChain  
 
The House and Senate are in session.
Thirteen states are in regular session. Five states are in special session.
In this Edition...
DMA, Federal, and State news.
DMA
RSVP Now: July 13th Advocacy Update Webinar
DMA Releases Annual Report on Data and Marketing Industry Oversight
DMA Nonprofit Federation Members Lobby on Capitol Hill
MetaX Completes $10 Million adToken (ADT) Sale
Federal
FTC Action on Autonomous Vehicles, COPPA and CAN-SPAM
State
Colorado Notice and Reporting Requirements Go Into Effect July 1
Data Privacy
Data Security
States In Brief
Special Elections
 
 
DMA News
RSVP Now: July 13th Advocacy Update Webinar

The Data & Marketing Association is dedicated to helping marketers responsibly use data to identify customer needs, and then fulfill those needs to build lasting relationships based on truth, results and trust. No other organization represents the interests of the entire data-driven marketing ecosystem more effectively in Washington and across all 50 states.

On July 13th from 2:00pm-3:00pm, DMA’s SVP of Advocacy Emmett O’Keefe and VP of Advocacy Chris Oswald will update DMA members on critical challenges from policymakers and regulators to marketers’ ability to access and use data responsibly.  Click here to register for the webinar and add the event to your calendar.

 
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DMA Releases Annual Report on Data and Marketing Industry Oversight

DMA released last week its 2017 Annual Ethics Compliance Report, detailing the comprehensive self-regulation of the data and marketing industry undertaken by the association in 2016. The report breaks down the over 8,500 consumer inquiries received and resolved by the association’s casework and consumer education efforts, 90% of which were resolved in the initial stages.

DMA also named four companies which are out of compliance with DMA’s guidelines: The Learning Annex, Auto Services Agency, Life Giving Moments, and Tea Party Guard. Each organization, with the exception of Tea Party Guard, was referred to relevant state and federal authorities for further action.

Earlier this year, DMA began enforcement of the Digital Advertising Alliance’s Cross-Device Guidance, which applies a consistent framework to the collection and use of consumer data across the multiple computers and mobile devices consumers use every day. DAA released the guidance in November 2015 after a thorough process of industry discussion and review with brands, advertisers, publishers, agencies, ad tech companies and ad networks.

For more information about this report or DMA’s industry self-regulation, contact DMA’s General Counsel Senny Boone at sboone@thedma.org.

 
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DMA Nonprofit Federation Members Lobby on Capitol Hill

On June 21st, DMA’s Nonprofit Federation conducted a Capitol Hill Day with executives from American Institute for Cancer Research, Food For The Poor, and Food & Water Watch participating.

The group had a total of six meetings on Capitol Hill, with five of the meetings focusing on the critical issue of ensuring charitable contributions remain fully tax deductible under any potential tax reform legislation, with the sixth meeting an opportunity to thank Senator Tammy Baldwin (D-WI), who has been a strong supporter of efforts to keep postal rate increases at or below the rate of inflation.

In addition to meeting with Senator Baldwin, the group had meetings on maintaining full tax deductibility of charitable contributions with the offices of five members of the two key committees of jurisdiction: the Senate Finance Committee and the House Ways & Means Committee. From the Senate Finance Committee, the group visited the offices of Senator Tom Carper (D-DE), Senator Pat Toomey (R-PA), and Senator Ron Wyden (D-OR), the most senior Democrat on the Finance Committee.

The group also visited the offices of House Ways & Means Committee members Danny Davis (D-IL) and Peter Roskam (R-IL).

DMA conducts several Capitol Hill Days each year on a range of issues impact the data and marketing ecosystem. If you are interested in participating, please contact Mark Micali at mmicali@thedma.org.

 
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MetaX Completes $10 Million adToken (ADT) Sale

MetaX, a blockchain technology company driving development and adoption of open platforms for digital advertising, completed its token sale of $10 million on June 26th. Use of proceeds will go toward the advancement of adChain protocol, which DMA supports

“The adToken launch is a culmination of more than 15 months of hard work. We’ve paid attention to meticulous details in the development of this product to ensure it caters specifically to the needs of the industry we’re serving – global digital advertising,” said Ken Brook, CEO of MetaX. “This is why we also spent nearly a year in due diligence with representatives across the ecosystem and have lined up strategic industry partners, such as the Data & Marketing Association, and others to be announced in coming weeks. The overwhelming interest from the crypto community clearly demonstrates the recognition of the big problem we’re setting out to solve.”

Earlier this month, DMA announced their collaboration with MetaX on the adChain solution. In the coming months, DMA will work with members and other industry organizations on the adChain initiative.

For more information contact Emmett O'Keefe, DMA's SVP for Advocacy at eokeefe@thedma.org.

 
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Federal Affairs
FTC Action on Autonomous Vehicles, COPPA and CAN-SPAM
The Federal Trade Commission (FTC) continues its work on a number of issues impacting the data and marketing industry:
Connected Cars: On Wednesday, June 28, the FTC and the National Highway Traffic Safety Administration held a workshop to examine the consumer privacy and security issues posed by automated and connected vehicles. Acting FTC Chairman Maureen Ohlhausen said regulators should express “humility” when considering oversight and should address actual or likely injury to consumer privacy and data security while fostering development of connected cars, according to Bloomberg BNA.
Children’s Privacy: The FTC has released Children’s Online Privacy Protection Rule: A Six-Step Compliance Plan for Your Business, a step-by-step plan for determining if your company is covered by COPPA — and how to comply with the Rule. The FTC enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.  For example, if your company is covered by COPPA, you need to have certain information in your privacy policy and get parental consent before collecting some types of information from kids under 13. Violations can result in law enforcement actions, including civil penalties, and violators will face penalties under DMA’s Guidelines for Ethical Business Practice.
CAN-SPAM: The FTC is requesting comments regarding the efficiency, costs, benefits, and regulatory impact of its implementation of CAN-SPAM as part of its systematic review of all FTC regulations and guides. DMA plans respond to the request for comments which must be received no later than August 31, 2017.
For more information contact Emmett O'Keefe, DMA's SVP for Advocacy at eokeefe@thedma.org.
 
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State Update
Colorado Notice and Reporting Requirements Go Into Effect July 1
Colorado has issued rules regarding the state’s notice and reporting requirements for out-of-state sellers who do not collect state sales taxes, which go into effect on July 1st, 2017.

In February, DMA reached a settlement with the State of Colorado which delayed implementation of the new reporting requirements and protected marketers from past liability after the multi-year legal challenge to proposed out-of-state reporting requirements. This week, DMA submitted comments, joined by the TruST coalition on an update to the rules as proposed by the Colorado DoR.  Those comments focused on flexibility for non-collecting retailers and their ability to comply with the rules through the use of invoice notifications.

For more information contact Chris Oswald, DMA's VP for Advocacy at coswald@thedma.org.
 
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Data Privacy
FCC ISP Privacy

There are 15 recently active FCC ISP Privacy bills moving in the states. The most recent and noteworthy developments are highlighted below.

California AB 375 has been scheduled for a July 3 hearing in the Assembly Judiciary Committee. DMA is actively opposing this bill on the ground in Sacramento and is planning to submit several opposition letters in conjunction with the California Chamber of Commerce and other industry groups. The bill, titled the California Broadband Internet Privacy Act (CALBIPA), would prohibit an ISP from using, disclosing, selling or permitting access to customer personal information without prior consent. It would take effect the January 1 following a 90 day period from the date of enactment.

Similar ISP privacy bills that were recently introduced or saw movement include:

 
Massachusetts HD 3888, which was given bill number HB 3766 and referred to the Joint Telecommunications, Utilities and Energy Committee on June 19.  This bill is sponsored by Rep. Jennifer Benson, D-Lunenburg.
Washington SB 5919 was scheduled to be heard in the Senate Energy, Environment and Telecommunications Committee on June 29 at 8:00 AM, however the committee deferred hearing the bill and is not expected to meet for the rest of the special budget session.
Washington HB 2200, which was carried over to the third special session of the legislature on June 21, where it is pending in the House Rules Committee.
 
Geolocation

There are two recently active Geolocation bills moving in the states. The most recent and noteworthy developments are highlighted below.

Illinois HB 3449 passed the House Cybersecurity, Data Analytics and IT Committee with Senate Amendment 4 and Senate Amendment 5 on June 26 and passed the full House on June 27. The bill is now pending delivery to Republican Gov. Bruce Rauner who stated that he will veto the bill. DMA is actively opposing this bill. This bill would prohibit companies from collecting, using, storing or disclosing geolocation information from a location-based app on a person’s device unless the person gives consent. The bill specifies that companies would not need to obtain affirmative express consent if initial consent has already been provided unless there has been a material change in the terms. The bill would take effect immediately.

 
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Data Security
Security Breach
 

There are 30 recently active Data Security bills moving in the states. The most recent and noteworthy developments are highlighted below.

Delaware Substitute HB 180 passed the House Economic Development, Banking, Insurance and Commerce Committee on June 27 and the House with an amendment on June 28. As passed the House, the bill would define personal information to include passport numbers, username and password for an online account, medical history and unique biometric data. The original version of the bill included shared security tokens, full birthdate, birth or marriage certificate, and electronic signatures under the definition of personal information. The bill would require notification to affected residents without unreasonable delay but no more than 60 days following the breach, however a company would have more time to notify if they could not reasonably identify the affected residents. If the breach affects more than 500 state residents, the bill would require notification to the Attorney General. If the breach includes social security numbers, the bill would require identity monitoring services to be provided for at least one year. The bill would take effect immediately.

 
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States in Brief
 

New York adjourned its legislative session on June 21 and convened a special session on June 28.

California, Delaware, Illinois, Maine, Massachusetts, Michigan, New Hampshire, New Jersey, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island and Wisconsin are in regular session. The District of Columbia Council, United States Congress and Puerto Rico are also in regular session.

Missouri convened a special session set to focus on abortion related issues on June 12, The News & Observer reports. Alaska convened its second special session on June 16, immediately following the adjournment of its first special session. Illinois convened a special session related to budget issues on June 21, the Chicago Tribune reports and Washington convened its third special session the same day immediately following the adjournment of its second special session.

New York adjourned its session on June 21 and convened a special session on June 28. Kansas adjourned on June 26.

West Virginia adjourned a special session on June 26.

Texas is expected to convene a special session on July 18.

The following states are expected to adjourn their legislative sessions on the dates provided: Delaware, New Hampshire and Rhode Island (June 30) and Oregon (July 10). Maine was expected to adjourn on June 21, but voted to extend its session by five legislative days to deal with budget issues, the Portland Press Herald reports.

Hawaii Democratic Gov. David Ige has until July 3 to act on legislation presented after April 25 or it becomes law. Alaska Independent Gov. Bill Walker has 15 days, Sundays excepted, to act on legislation from the regular session or it becomes law. Connecticut Democratic Gov. Dannel Malloy has 15 days from presentment to act on legislation or it becomes law. Florida Republican Gov. Rick Scott has 15 days from presentment to act on regular session legislation presented after May 1 and special session legislation or it becomes law. Louisiana Democratic Gov. John Bel Edwards has 20 days from presentment to act on regular session legislation presented after May 29 and special session legislation or it becomes law. Minnesota Democratic Gov. Mark Dayton has three days from presentment, Sundays excepted, to act on legislation or it becomes law. Mississippi Republican Gov. Phil Bryant has 15 days from presentment, Sundays excepted, to act on legislation from the regular and special sessions or it becomes law. Missouri Republican Gov. Eric Greitins has 45 days from presentment to act on legislation from the regular session or it becomes law. Montana Democratic Gov. Steve Bullock has 10 days after delivery to act on legislation or it becomes law. New York Democratic Gov. Andrew Cuomo has 10 days from presentment, Sundays excepted, to act on legislation from the regular and special sessions or it becomes law. South Carolina Republican Gov. Henry McMaster has until two days after the next meeting of the legislature to act on regular session legislation presented after May 6 and special session legislation or it becomes law. Tennessee Republican Gov. Bill Haslam has 10 days, starting the day after presentment, to act on legislation or it becomes law.

West Virginia Democratic Gov. Jim Justice had acted on all legislation from the first special session as of June 26. Arizona Republican Gov. Doug Ducey had acted on all legislation as of June 27. Vermont Republican Gov. Phil Scott had acted on all legislation as of June 29.

 
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Special Elections
 

Iowa held a special election for House District 22 on June 28. Republican Jon Jacobsen, an attorney from Council Bluffs, defeated Independent candidate Carol Forristall, a retired teacher from Macedonia, by a margin of 43.9 to 32.9 percent. The seat became vacant when former Rep. Greg Forristall, R-Macedonia, died in office on May 10.

The following legislative seats are scheduled for special elections on the dates provided: Oklahoma House District 75 (July 11), New Hampshire House District Merrimack 18 (July 18), New Hampshire Senate District 16, Massachusetts Senate District Middlesex 4 and Mississippi House District 108 (July 25), Missouri House District 50 and Senate District 28 (August 8) and Rhode Island Senate District 13 (August 22).

 
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