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Legislative Update from NCISS Legislative Committee and Lobbyit

Federal Legislation

Open Courts Act
This bill requires the Administrative Office of the U.S. Courts to establish a single electronic system for all public court
records that is publicly accessible for free. Under the existing Public Access to Court Electronic Records (PACER) system,
users are charged fees for accessing court documents.

To fund the development of the new consolidated system, the Judicial Conference must temporarily establish a schedule
of additional fees for higher-volume nongovernmental users of PACER.

To fund the operations of the new system, the Judicial Conference shall collect an annual fee from each federal agency
equal to that agency's PACER fees in 2018, adjusted for inflation. The Judicial Conference may also establish reasonable
filing fees based on specified factors, including the extent of a person's use and the interests of justice.

Modern Worker Empowerment Act
This bill requires the use of common law rules for defining an employee under the Fair Labor Standards Act of 1938.
Generally, an individual is an employee under common law rules when an employer controls what work will be done and
how it will be done, among other factors.

American Data Privacy and Protection Act
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.

Specifically, the bill requires most companies to limit the collection, processing, and transfer of personal data to that
which is reasonably necessary to provide a requested product or service and to other specified circumstances. It also
generally prohibits companies from transferring individuals' personal data without their affirmative express consent.

The bill establishes consumer data protections, including the right to access, correct, and delete personal data. Prior to
engaging in targeted advertising, the bill requires companies to provide individuals with a means to opt out of such
advertising. 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.

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.

The bill provides for enforcement of these requirements by the FTC and state attorneys general. Beginning four years
after the bill takes effect, individuals may bring civil actions for violations of the bill. 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.

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