Expanded Online Privacy Legislation to be Introduced in Senate
Sen. Richard Blumenthal will introduce an “expanded version” of his online privacy bill with Sen. Ed Markey, D-Mass., the Connecticut Democrat told us Monday. Blumenthal said it’s an extension of the Customer Online Notification for Stopping Edge-provider Network Transgressions (Consent) Act (S-2639) and will be unveiled “shortly.”
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
The Consent Act is an opt-in proposal, which requires social media companies to get user consent to collect personal data, as opposed to the opt-out alternative of allowing data collection until the user declines. Blumenthal discussed the bill in response to plans from Senate Commerce Committee Chairman John Thune, R-S.D., to introduce his own online privacy bill (see 1808240051). “I’m always open to working with my Republican colleagues,” Blumenthal said. “I’ll need to see exactly what [Thune] has in mind.” With the Social Media Privacy Protection and Consumer Rights Act (S-2728) from Sens. Amy Klobuchar, D-Minn., and John Kennedy, R-La. (see 1804240046), there will be at least three competing privacy bills when Thune drops his legislation.
Thune told reporters Tuesday committee ranking member Bill Nelson, D-Fla., is “absolutely” an option to be lead co-sponsor. “I suspect he’ll be top of the list,” Thune told us. Lawmakers on both sides of the committee are interested in the issue. Blumenthal, Markey and Klobuchar are all members. Thune said the bill is very much at the staff and preliminary level. “We’re working through some of the issues and trying to figure out what a good approach might be -- one that isn’t overly prescriptive and doesn’t kill the goose that laid the golden egg,” he said. Nelson's office didn't comment, and Markey declined to comment.
Kennedy told us he expected a “multitude” of online privacy bills to be introduced: “I’m glad to see John [Thune] is introducing a bill, but I think there’s going to be a bunch of them.” Proper disclosure, data ownership and content moderation are among the major topics making up a very complex issue, Kennedy said. For moderation, he suggested an arbitrator like ICANN, an independent, nonprofit organization that manages internet protocol numbers and domain names. “A body that everybody agrees can review this stuff,” he said. “I do not want government deciding what can be printed and what can’t.” Kennedy said he would “love” to have a Senate Judiciary Committee hearing on online privacy. Thune is planning his own hearing with social media companies in late September, leading to introduction of his bill.