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Biden executive order on sensitive personal information does little for now to curb data market – but spotlights the threat the market poses

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Biden executive order on sensitive personal information does little for now to curb data market – but spotlights the threat the market poses

White House press secretary Karine Jean-Pierre took questions on the day the Biden administration announced an executive order that puts personal data privacy in a national security context.
AP Photo/Andrew Harnik

Anne Toomey McKenna, University of Richmond

The Biden administration has identified “countries of concern” exploiting Americans' sensitive personal data as a national emergency. To address the crisis, the White House issued an executive order on Feb. 28, 2024, aimed at preventing these countries from accessing Americans' bulk sensitive personal data.

The order doesn't specify the countries, but news reports cited unnamed senior administration identifying them as China, Russia, North Korea, Iran, Cuba and Venezuela.

The executive order adopts a simple, broad definition of sensitive data that should be protected, but the order is limited in the protections it affords.

The order's larger significance lies in its stated rationale for why the U.S. needs such an order to protect people's sensitive data in the first place. The national emergency is the direct result of the staggering quantities of sensitive personal data up for sale – to anyone – in the vast international commercial data market, which is comprised of companies that collect, analyze and sell personal data.

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Data brokers are using ever-advancing predictive and generative artificial intelligence to gain insight into people's lives and exploit that power. This is increasingly posing risks to individuals and to domestic and national security.

I am an attorney and law professor, and I work, write and teach about data, information privacy and AI. I appreciate the the order puts on the dangers of the data market by acknowledging that companies collect more data about Americans than ever before – and that the data is legally sold and resold through data brokers. These dangers underscore ' failure to protect people's most sensitive data.

Sensitive personal data can be fodder for blackmail, raises national security concerns, and can be used as evidence for prosecutions. This is especially true in this era of misinformation and deepfakes – AI-generated video or audio impersonations – and with recent U.S. federal and state court rulings that permit states to restrict and criminalize private personal choices, those related to reproductive rights. The executive order seeks to protect Americans from these risks – at least from those countries of concern.

In addition to the executive order attempting to prevent adversary countries from accessing Americans' bulk sensitive data, the Biden administration is also investigating the privacy risk posed by Chinese cars sold in the U.S.

What the executive order does

The order issues directives to federal agencies to counter certain countries' continuing efforts to access Americans' bulk sensitive personal data as well as U.S. government-related data. Among other concerns, the order emphasizes that personal data could be used to blackmail people, including military and government personnel.

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Under the order, the Department of Justice will develop and issue regulations that prevent the large-scale transfer of Americans' sensitive personal data to countries of concern.

More broadly, the order encourages the Consumer Financial Protection to take steps to boost compliance with federal consumer protection law. In part, this could restrict overly invasive collection and sale of sensitive data and reduce the amount of financial information – like credit reports – that data brokers collect and resell.

The order also directs pertinent federal agencies to prohibit data brokers from selling bulk and genomics data to the countries of concern. It recognizes that data brokers and their customers are increasingly able to use AI to analyze health and genomics data and other types of data that do not contain individuals' identities to link data to particular individuals.

Defining sensitive personal data

From an information privacy standpoint, the order is significant for its broad definition of what constitutes sensitive personal data. Included in this umbrella term are “covered personal identifiers, geolocation and related sensor data, biometric identifiers, human omic data, personal health data, personal financial data, or any combination thereof.” Not included in the definition is any data that is a matter of public record.

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The broad definition is significant because it affirms a departure from the U.S. legal system's standard approach to data, which is sector by sector. Generally, federal and state laws protect different types of data, like health data, biometric data and financial data, in different ways. Only the people and entities within those sectors, like your doctor or bank, are regulated in how they use the data.

That piecemeal approach is not well suited to the era of satellites and smart devices, and has left much data, even very sensitive data, unprotected. For instance, smartphones and wearable devices and the apps on them sense, collect, use and disseminate vast quantities of highly revealing health-related data and geolocation data, yet such data is not covered by the Health Insurance Portability and Accountability Act or other data protection laws.

By bringing these historically different categories of data under the broader and more easily understood phrase “sensitive personal data,” policymakers in the executive branch have taken a cue from the Federal Trade Commission's work to protect sensitive consumer data. The FTC has ordered some data brokers to stop selling sensitive location information about individuals. The order also reflects policymakers' increasing understanding of what's required for meaningful data protection in the era of predictive and generative AI.

What the executive order does not do

The executive order specifies that it does not seek to upend the global data market or adversely impact “the substantial consumer, economic, scientific and trade relationships that the United States has with other countries.” It also does not seek to broadly prohibit people in the U.S. from conducting commercial transactions with entities and individuals in or “subject to the control, direction or jurisdiction of” the countries of concern.

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Nor does it impose measures that would restrict U.S. commitments to increase public access to scientific research, the sharing and interoperability of electronic health information, and patient access to their data.

Notably, it does not seek to impose a general requirement that companies have to store Americans' sensitive data or U.S. government-related data within the territorial boundaries of the U.S., which in theory would provide better protection for the data. It also does not seek to rewrite the 2023 voluntary Data Privacy Framework for transfers of data between the European Union and the U.S.

In sum, it does little to change U.S. commercial data brokers' activities and practices – except when such activities involve those countries of concern.

What's next?

The various agencies directed to act must do so within clearly specified time periods in the order, ranging from four months to a year, so for now it is a waiting . In the meantime, has joined a long list of people who continue to urge Congress to pass comprehensive bipartisan privacy legislation.The Conversation

Anne Toomey McKenna, Visiting Professor of Law, University of Richmond

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This article is republished from The Conversation under a Creative Commons license. Read the original article.

The Conversation

Vaccines tell a success story that Robert F. Kennedy Jr. and Trump forget – here are some key reminders

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theconversation.com – Mark R. O'Brian, Professor and Chair of Biochemistry, Jacobs School of Medicine and Biomedical Sciences, at Buffalo – 2024-07-26 07:11:29
Many fatal childhood illnesses can be prevented with vaccination.
Halfpoint Images/Moment via Getty Images

Mark R. O'Brian, University at Buffalo

Vaccinations have provided significant protection for the public against infectious diseases. However, there was a modest decrease in support in 2023 nationwide for vaccine requirements for children to attend public schools.

In addition, the presidential candidacy of Robert F. Kennedy Jr., a leading critic of childhood vaccination, has given him a prominent platform in which to amplify his views. This includes an extensive interview on the “Joe Rogan Experience,” a podcast with over 14 million subscribers. Notably, former has said he is opposed to mandatory school COVID-19 vaccinations, and in a phone call Trump apparently wasn't aware was being recorded, he appeared to endorse Kennedy's views toward vaccines.

I am a biochemist and molecular biologist studying the roles microbes play in and disease. I also teach medical students and am interested in how the public understands science.

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Here are some facts about vaccines that skeptics like Kennedy get wrong:

Vaccines are effective and safe

Public health data from 1974 to the present conclude that vaccines have saved at least 154 million lives worldwide over the past 50 years. Vaccines are also constantly monitored for safety in the U.S.

Nevertheless, the false claim that vaccines cause autism persists despite study after study of large populations throughout the world showing no causal link between them.

Claims about the dangers of vaccines often from misrepresenting scientific research papers. Kennedy cites a 2005 report allegedly showing massive brain inflammation in monkeys in response to vaccination, when in fact the authors of that study that there were no serious medical complications. A separate 2003 study that Kennedy claimed showed a 1,135% increase in autism in vaccinated versus unvaccinated children actually found no consistent significant association between vaccines and neurodevelopmental outcomes.

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Kennedy also claims that a 2002 vaccine study included a control group of children 6 months of age and younger who were fed mercury-contaminated tuna sandwiches. This claim is false.

Gloved hands of clinician placing bandaid on child's arm, a syringe and vaccine vial beside them
Vaccines are continuously monitored for safety before and long after they're available to the general public.
Elena Zaretskaya/Moment via Getty Images

Aluminum adjuvants help boost immunity

Kennedy is co-counsel with a law firm that is suing the pharmaceutical company Merck based in part on the unfounded assertion that the aluminum in one of its vaccines causes neurological disease. Aluminum is added to many vaccines as an adjuvant to strengthen the body's immune response to the vaccine, thereby enhancing the body's defense against the targeted microbe.

The law firm's claim is based on a 2020 report showing that brain tissue from some patients with Alzheimer's disease, autism and multiple sclerosis have elevated levels of aluminum. The authors of that study do not assert that vaccines are the source of the aluminum, and vaccines are unlikely to be the culprit.

Notably, the brain samples analyzed in that study were from 47- to 105-year-old patients. Most people are exposed to aluminum primarily through their diets, and aluminum is eliminated from the body within days. Therefore, aluminum exposure from childhood vaccines is not expected to persist in those patients.

Vaccines undergo the same approval process as other drugs

Clinical trials for vaccines and other are blinded, randomized and placebo-controlled studies. For a vaccine trial, this means that participants are randomly divided into one group that receives the vaccine and a second group that receives a placebo saline solution. The researchers carrying out the study, and sometimes the participants, do not know who has received the vaccine or the placebo until the study has finished. This eliminates bias.

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Results are published in the public domain. For example, vaccine trial data for COVID-19, human papilloma virus and rotavirus is available for anyone to access.

Vaccine manufacturers are liable for injury or death

Kennedy's against Merck contradicts his insistence that vaccine manufacturers are fully immune from litigation.

His claim is based on an incorrect interpretation of the National Vaccine Injury Compensation Program, or VICP. VICP is a no-fault federal program created to reduce frivolous lawsuits against vaccine manufacturers, which threaten to cause vaccine shortages and a resurgence of vaccine-preventable disease.

A person claiming injury from a vaccine can petition the U.S. Court of Federal Claims through the VICP for monetary compensation. If the VICP petition is denied, the claimant can then sue the vaccine manufacturer.

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Gloved hand picking up vaccine vial among a tray of vaccine vials
Drug manufacturers are liable for any vaccine-related death or injury.
Andreas Ren Photography Germany/Image Source via Getty Images

The majority of cases resolved under the VICP end in a negotiated settlement between parties without establishing that a vaccine was the cause of the claimed injury. Kennedy and his law firm have incorrectly used the payouts under the VICP to assert that vaccines are unsafe.

The VICP gets the vaccine manufacturer off the hook only if it has complied with all requirements of the Federal Food, Drug and Cosmetic Act and exercised due care. It does not protect the vaccine maker from claims of fraud or withholding information regarding the safety or efficacy of the vaccine during its or after approval.

Good nutrition and sanitation are not substitutes for vaccination

Kennedy asserts that populations with adequate nutrition do not need vaccines to avoid infectious diseases. While it is clear that improvements in nutrition, sanitation, treatment, food safety and public health measures have played important roles in reducing deaths and severe complications from infectious diseases, these factors do not eliminate the need for vaccines.

After World War II, the U.S. was a wealthy nation with substantial health-related . Yet, Americans reported an average of 1 million cases per year of now-preventable infectious diseases.

Vaccines introduced or expanded in the 1950s and 1960s against diseases like diphtheria, pertussis, tetanus, measles, polio, mumps, rubella and Haemophilus influenza type B have resulted in the near or complete eradication of those diseases.

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It's easy to forget why many infectious diseases are rarely encountered today. The success of vaccines does not always tell its own story. It must be retold again and again to counter misinformation.The Conversation

Mark R. O'Brian, Professor and Chair of Biochemistry, Jacobs School of Medicine and Biomedical Sciences, University at Buffalo

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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Tagging seals with sensors helps scientists track ocean currents and a changing climate

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theconversation.com – Lilian (Lily) Dove, Postdoctoral Fellow of Oceanography, Brown – 2024-07-25 07:08:14

Tagging seals with sensors helps scientists track ocean currents and a changing climate

Lilian Dove, Brown University

A surprising technique has helped scientists observe how Earth's oceans are changing, and it's not using specialized robots or artificial intelligence. It's tagging seals.

Several species of seals live around and on Antarctica and regularly dive more than 100 meters in search of their next meal. These seals are experts at swimming through the vigorous ocean currents that make up the Southern Ocean. Their tolerance for deep waters and ability to navigate rough currents make these adventurous creatures the perfect research assistants to oceanographers like my colleagues and me study the Southern Ocean.

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Seal sensors

Researchers have been attaching tags to the foreheads of seals for the past two decades to collect data in remote and inaccessible regions. A researcher tags the seal during mating season, when the marine mammal to shore to rest, and the tag remains attached to the seal for a year.

A researcher glues the tag to the seal's head – tagging seals does not affect their behavior. The tag detaches after the seal molts and sheds its fur for a new coat each year.

The tag collects data while the seal dives and transmits its location and the scientific data back to researchers via satellite when the seal surfaces for .

First proposed in 2003, seal tagging has grown into an international collaboration with rigorous sensor accuracy standards and broad data sharing. Advances in satellite technology now allow scientists to have near-instant access to the data collected by a seal.

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New scientific discoveries aided by seals

The tags attached to seals typically carry pressure, temperature and salinity sensors, all properties used to assess the ocean's rising temperatures and changing currents. The sensors also often contain chlorophyll fluorometers, which can data about the 's phytoplankton concentration.

Phytoplankton are tiny organisms that form the base of the oceanic food web. Their presence often means that animals such as fish and seals are around.

The seal sensors can also tell researchers about the effects of climate change around Antarctica. Approximately 150 tons of ice melts from Antarctica every year, contributing to global sea-level rise. This melting is driven by warm water carried to the ice shelves by oceanic currents.

With the data collected by seals, oceanographers have described some of the physical pathways this warm water travels to reach ice shelves and how currents transport the resulting melted ice away from glaciers.

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Seals regularly dive under sea ice and near glacier ice shelves. These regions are challenging, and can even be dangerous, to sample with traditional oceanographic methods.

Across the open Southern Ocean, away from the Antarctic coast, seal data has also shed light on another pathway causing ocean warming. Excess heat from the atmosphere moves from the ocean surface, which is in contact with the atmosphere, down to the interior ocean in highly localized regions. In these , heat moves into the deep ocean, where it can't be dissipated out through the atmosphere.

The ocean stores most of the heat energy put into the atmosphere from human activity. So, understanding how this heat moves around helps researchers monitor oceans around the globe.

Seal behavior shaped by ocean physics

The seal data also provides marine biologists with information about the seals themselves. Scientists can determine where seals look for food. Some regions, called fronts, are hot spots for elephant seals to hunt for food.

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In fronts, the ocean's circulation creates turbulence and mixes water in a way that brings nutrients up to the ocean's surface, where phytoplankton can use them. As a result, fronts can have phytoplankton blooms, which attract fish and seals.

Scientists use the tag data to see how seals are adapting to a changing climate and warming ocean. In the short term, seals may benefit from more ice melt around the Antarctic continent, as they tend to find more food in coastal areas with holes in the ice. Rising subsurface ocean temperatures, however, may change where their prey is and ultimately threaten seals' ability to thrive.

Seals have helped scientists understand and observe some of the most remote regions on Earth. On a changing planet, seal tag data will continue to provide observations of their ocean , which has vital implications for the rest of Earth's climate system.The Conversation

Lilian Dove, Postdoctoral Fellow of Oceanography, Brown University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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Cheesemaking is a complex science – a food chemist explains the process from milk to mozzarella

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theconversation.com – John A. Lucey, Professor of Food Science, of Wisconsin- – 2024-07-24 07:18:57
Storing cheese wheels to let them age intensifies the flavor.
AP Photo/Antonio Calanni

John A. Lucey, University of Wisconsin-Madison

Cheese is a relatively simple food. It's made with milk, enzymes – these are proteins that can chop up other proteins – bacterial cultures and salt. Lots of complex chemistry goes into the cheesemaking process, which can determine whether the cheese turns out soft and gooey like mozzarella or hard and fragrant like Parmesan.

In fact, humans have been making cheese for about 10,000 years. Roman soldiers were given cheese as part of their rations. It is a nutritious food that provides protein, calcium and other minerals. Its long shelf allows it to be transported, traded and shipped long distances.

I am a food scientist at the University of Wisconsin who has studied cheese chemistry for the past 35 years.

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In the U.S., cheese is predominantly made with cow's milk. But you can also find cheese made with milk from other animals like sheep, goats and even buffalo and yak.

Unlike with yogurt, another fermented dairy product, cheesemakers whey – which is water – to make cheese. Milk is about 90% water, whereas a cheese like cheddar is less than about 38% water.

Removing water from milk to make cheese results in a harder, firmer product with a longer shelf life, since milk is very perishable and spoils quickly. Before the invention of refrigeration, milk would quickly sour. Making cheese was a way to preserve the nutrients in milk so you could eat it weeks or months in the future.

How is cheese made?

All cheesemakers first pump milk into a cheese vat and add a special enzyme called rennet. This enzyme destabilizes the proteins in the milk – the proteins then aggregate together and make a gel. The cheesemaker is essentially turning milk from a liquid into a gel.

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After anywhere from 10 minutes to an hour, depending on the type of cheese, the cheesemaker cuts this gel, typically into cubes. Cutting the gel helps some of the whey, or water, separate from the cheese curd, which is made of aggregated milk and looks like a yogurt gel. Cutting the gel into cubes lets some water escape from the newly cut surfaces through small pores, or openings, in the gel.

The cheesemaker's goal is to remove as much whey and moisture from the curd as they need to for their specific recipe. To do so, the cheesemaker might stir or heat up the curd, which helps release whey and moisture. Depending on the type of cheese made, the cheesemaker will drain the whey and water from the vat, leaving behind the cheese curds.

A man in a white lab coat, hairnet and gloves pulls a device through a large tub of white liquid.
Wisconsin Master Cheesemaker Gary Grossen cuts a vat of cheese with a cheese harp during a cheesemaking short course at the Center for Dairy Research in Madison, Wis. Cutting helps release whey during the cheesemaking .
UW Center for Dairy Research

For a harder cheese like cheddar, the cheesemaker adds salt directly to the curds while they're still in the vat. Salting the curds expels more whey and moisture. The cheesemaker then packs the curds together in forms or hoops – these are containers that shape the curds into a block or wheel and hold them there – and places them under pressure. The pressure squeezes the curds in these hoops, and they knit together to form a solid block of cheese.

Cheesemakers salt other cheeses, like mozzarella, by placing them in a salt solution called a brine. The cheese block or wheel floats in a brine tank for hours, days or even weeks. During that time, the cheese absorbs some of the salt, which adds flavor and protects against unwanted bacterial or pathogen growth.

A graphic showing the many steps between a farmer harvesting milk from cows and the cheese reaching the consumer.
The cheese production process.
UW Center for Dairy Research

Cheese is a living, fermented food

While the cheesemaker is completing all these steps, several important bacterial processes are occurring. The cheesemaker adds cheese cultures, which are bacteria they choose that produce specific flavors, at the beginning of the process. Adding them to the milk while it is still liquid gives the bacteria time to ferment the lactose in the milk.

Historically, cheesemakers used raw milk, and the bacteria in the raw milk soured the cheese. Now, cheesemakers use pasteurization, a mild heat treatment that destroys any pathogens present in the raw milk. But using this treatment means the cheesemakers need to add back in some bacteria called starters – these “start” the fermentation process.

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Pasteurization provides a more controlled process for the cheesemaker, as they can select specific bacteria to add, rather than whatever is present in the raw milk.
Essentially, these bacteria eat (ferment) the sugar – the lactose – and in doing so produce lactic acid, as well as other desirable flavor compounds in the cheese like diacetyl, which smells like hot buttered popcorn.

In some types of cheese, these cultures stay active in the cheese long after it leaves the cheese vat. Many cheesemakers age their cheeses for weeks, months or even years to give the fermentation process more time to develop the desired flavors. Aged cheeses include Parmesan, aged cheddars and Gouda.

A person in a white coat holds a wheel of cheese.
A Wisconsin cheesemaker inspects a wheel of Parmesan in the aging room. Aging is an important step in the production of many cheeses, as it allows for flavor .
The Dairy Farmers of Wisconsin

In essence, cheesemaking is a milk concentration process. Cheesemakers want their final product to have the milk proteins, fat and nutrients, without as much of the water. For example, the main milk protein that is captured in the cheesemaking process is casein. Milk might contain about 2.5% casein content, but a finished cheese like cheddar may contain about 25% casein (protein). So cheese contains lots of nutrients protein, calcium and fat.

Infinite possibilities with cheese

There are hundreds of different varieties of cow's milk cheese made across the globe, and they all start with milk. All of these different varieties are produced by adjusting the cheesemaking process.

For some cheeses, like Limburger, the cheesemaker rubs a smear – a solution containing various types of bacteria – on the cheese's surface during the aging process. For others, like Camembert, the cheesemaker places the cheese in an environment (e.g., a cave) that encourages mold growth.

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Others like bandaged cheddar are wrapped with bandages or covered with ash. Adding a bandage or ash onto the cheese's surface helps protect it from excessive mold growth, and it reduces the amount of moisture lost to evaporation. This creates a harder cheese with stronger flavors.

A man in a white apron and hat stands in a room full of shelves stacked with cheese.
Wisconsin Master Cheesemaker Joe Widmer in his brick cheese aging room. Brick cheese is a smear-ripened cheese – it is produced by applying a salt solution to the exterior of the cheese as it ages.
Dairy Farmers of Wisconsin

Over the past 60 years, cheesemakers have figured out how to select the right bacterial cultures to make cheese with specific flavors and textures. The possibilities are endless, and there's no limit to the cheesemaker's imagination.The Conversation

John A. Lucey, Professor of Food Science, University of Wisconsin-Madison

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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