ADPPA and Twitter: Eight questions and an elephant

[jdp23]

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Recent events at Twitter provide some clear examples of what’s at stake with real-world privacy-abuses to test how effective ADPPA is going to be in practice. For example, consider the issue Sara Morrison explored in What happens to your Twitter data when Elon takes over: Twitter doesn’t ever actually delete your private messages, even if you delete your account.[1]  This leads to some very concrete questions to evaluate how effective the bill is:

 

• Does ADPPA give you the ability to force Twitter to delete your data?
• If Twitter refuses to delete your data, does ADPPA allow you to sue them for damages?
• If Twitter refuses to delete the data of any Washington state residents, can AG Ferguson (who  has a long track record of taking on Big Tech companies and winning) use his full investigative and enforcement powers to hold them accountable?
• If there’s some data about you that you can’t make Twitter delete, does ADPPA at least give you the ability to prevent them from using your data to improve their product and service?

And the new Chief Twit is an anti-trans bigot who’s reinstatating accounts of anti-trans people suspended for hate speech, having chummy discussion with an anti-trans hate group …so it’s a good time to apply Antoine Prince Albert III’s suggestton in Hiding OUT: A Case for Queer Experiences Informing Data Privacy Laws: stress-test the law against the harsh and worsening realities of queer experiences. A couple of specific questions:

• Does ADPPA prevent Twitter from sharing information about people’s sexual orientation, gender identity, and gender expression [2] without their consent?
• Does ADPPA prevent Twitter from sharing queer people's location data with hate groups and law enforcement in states that have criminalized gender-affirming health care or passed “don’t say gay” bills?

And as well as the  LGBTAIQ2S+ lens, it’s important to look from the perspective of other groups facing harsh and worsening realities as well.  For example:

• Does ADPPA protect the privacy of Twitter employees or contractors whose are engaging in worker activism?
• Does ADPPA prevent Twitter selling or sharing pregnant people's data with anti-abortion “crisis pregnancy centers,” bounty hunters, or law enforcement in states that have criminalized abortion?  This is the elephant in the room that ADPPA supporters do their best to avoid talking about. As Kim Clark of Legal Voice says, “This bill, at least from the perspective of pregnant people, it really doesn’t do much.”

Your thoughts?