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This law applies only to data brokers in Vermont. From the article: Data brokers in Vermont will now have to register as such with the state; they must take s

This law applies only to data brokers in Vermont. From the article: Data brokers in Vermont will now have to register as such with the state; they must take standard security measures and notify authorities of security breaches (no, they weren’t before); and using their data for criminal purposes like fraud is now its own actionable offense. It defines data brokers as businesses in Vermont that buy and sell data on people with whom they have no direct relationship. Seems like a reasonable law - unlike GDPR, they aren’t trying to reach outside of their jurisdiction, they aren’t trying to wipe out entire business models, there are no absurd fines, it’s easy to know if you’re violating it (because you would know that you have setup a data brokerage in Vermont), etc. My guess is there are only a handful of “data brokers” as they define that term within Vermont, so this affects very few people.

matte_black 8y ago
I didn't stand up for the data brokers because I wasn't a data broker, etc.. etc.. when they came for me, there was no one left to stand up... etc
- quantum_magpie 8y ago
  This quote only works when you're using other neutral, but unrelated-to-you parties. Data brokers are scum. They do not produce any value, they do not improve the society, they have no positive effect on anyone. No reasonable person should stand up to protect them from liability.
  - lovich 8y ago
    Agreed. The "didnt stand up for [x]" quote only works when we are passively letting groups be hurt. I would actively help to destroy this business model if possible
niftich 8y ago
Your reading that they define 'data broker' as a business in Vermont is not substantiated by the text of the bill [1]. Some excerpts that define some key terms: "(2) "Business" means a commercial entity, including a sole proprietorship, partnership, corporation, association, limited liability company, or other group, however organized and whether or not organized to operate at a profit, including a financial institution organized, charterd, or holding a license or authorization certificate under the laws of this State, any other state, the United States, or any other country, or the parent, affiliate, or subsidiary of a financial institution, but does not include the State, a State agency, any political subdivision of the State, or a vendor acting solely on behalf of, and at the direction of, the State. (3) "Consumer" means an individual residing in this State. (4)(A) "Data broker" means a business, or unit or units of a business, separately or together, that knowingly collects and sells or licenses to third parties the brokered personal information of a consumer with whom the business does not have a direct relationship." [1] https://legislature.vermont.gov/bill/status/2018/H.764 https://legislature.vermont.gov/bill/status/2018/H.764
- downandout 8y ago
  What you’re not understanding is that this is a state law. They can only regulate the activities of businesses that operate within their own state. They use the broad definition of a “business” because in the US you can be incorporated in Delaware and actually operate in Vermont. This is actually a common thing - most US corporations are incorporated under the laws of either Delaware or Nevada but operate within their home state. But the state only has the ability to regulate the actual operations of businesses operating within Vermont.
  - geocar 8y ago
    There's lots of ways a Vermont court could apply their laws to a Delaware corporation operating out of Delaware: Renvoi, significant contacts test, "better rule" test, and so on.

matte_black 8y ago

I didn't stand up for the data brokers because I wasn't a data broker, etc.. etc.. when they came for me, there was no one left to stand up... etc

quantum_magpie 8y ago
This quote only works when you're using other neutral, but unrelated-to-you parties. Data brokers are scum. They do not produce any value, they do not improve the society, they have no positive effect on anyone. No reasonable person should stand up to protect them from liability.
- lovich 8y ago
  Agreed. The "didnt stand up for [x]" quote only works when we are passively letting groups be hurt. I would actively help to destroy this business model if possible

niftich 8y ago

Your reading that they define 'data broker' as a business in Vermont is not substantiated by the text of the bill [1]. Some excerpts that define some key terms: "(2) "Business" means a commercial entity, including a sole proprietorship, partnership, corporation, association, limited liability company, or other group, however organized and whether or not organized to operate at a profit, including a financial institution organized, charterd, or holding a license or authorization certificate under the laws of this State, any other state, the United States, or any other country, or the parent, affiliate, or subsidiary of a financial institution, but does not include the State, a State agency, any political subdivision of the State, or a vendor acting solely on behalf of, and at the direction of, the State. (3) "Consumer" means an individual residing in this State. (4)(A) "Data broker" means a business, or unit or units of a business, separately or together, that knowingly collects and sells or licenses to third parties the brokered personal information of a consumer with whom the business does not have a direct relationship." [1] https://legislature.vermont.gov/bill/status/2018/H.764 https://legislature.vermont.gov/bill/status/2018/H.764

downandout 8y ago
What you’re not understanding is that this is a state law. They can only regulate the activities of businesses that operate within their own state. They use the broad definition of a “business” because in the US you can be incorporated in Delaware and actually operate in Vermont. This is actually a common thing - most US corporations are incorporated under the laws of either Delaware or Nevada but operate within their home state. But the state only has the ability to regulate the actual operations of businesses operating within Vermont.
- geocar 8y ago
  There's lots of ways a Vermont court could apply their laws to a Delaware corporation operating out of Delaware: Renvoi, significant contacts test, "better rule" test, and so on.