I might actually do it this time.
That was the point House members wanted to make during a hearing of the Energy and Commerce Subcommittee on Innovation, Data, and Commerce (IDC). Comprehensive data privacy legislation is on the table again, but this time it's different.
Lawmakers are also introducing new legislation to protect children online, including the Kids Online Safety Act, which recently passed the House after popular legislation in the Senate, and COPPA 2.0, which would update and raise the age of protection for long-standing children's online privacy legislation. He also touched on safety-related suggestions. .
But privacy reform was the focus of much of the hearing; American Privacy Rights Act (APRA) After years of inaction, the problem has returned. The latest draft is supported by Senate Commerce Committee Chairwoman Maria Cantwell (D-Wash.) and House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-Wash.).
Comprehensive privacy protections have long been a common bipartisan goal, but disagreements over the details have prevented it from becoming law. In other words, should we pre-empt state laws that have provided basic protections in the absence of federal law? Should individual consumers have a private right to sue for violations of their data rights?
This is the closest Congress has ever come to advancing comprehensive privacy legislation. But lawmakers have been in similar positions before, and then seen their hopes dwindle.
Most recently, in 2022, Mr. Rogers worked with then-Commerce Committee Ranking Member Roger Wicker (R-Mississippi) and then-E&C Chairman Frank Pallone (D-N.J.) to Introduced the American Data Privacy and Protection Act (ADPPA). Passed with strong bipartisan support Withdrawal from the House Energy and Commerce Committee.but Cantwell's Opposite ultimately thwarted that original plan Momentum builds and there is a renewed focus on legislation that will eventually address the problem. Relationship between TikTok and China and Children's online safety — Two problems that many proponents argue could be partially addressed by comprehensive privacy protections for all Internet users.
„I'm fired up. I have to get this done.“
The memory of failing to promote privacy is still fresh in my mind. Commission leaders expressed optimism at Wednesday's hearing that strong nationwide privacy protections could finally become a reality. „America's Privacy Rights Act is at a unique moment in history when America's Privacy Rights Act finally gives us the opportunity to imagine the Internet as a force for prosperity and good,“ Rogers said at the beginning of the hearing. ” he said. In response to Rogers' remarks, IDC subcommittee chairman Gus Bilirakis (R-Florida) said he was „eager.“ “We have to get this done.”
Pallone, now a prominent member of the full committee, echoed that sentiment. However, he then noted areas where he believed the proposal was lacking. He said he was „pleased“ that the new proposal adopted many of the same safeguards as his previous proposal, but added a ban on targeted advertising to children and a „privacy-by-privacy“ proposal. He said he would like to see more specific protections for children added, such as requiring „design“. Mr. Pallone also wants to create a juvenile privacy division at the Federal Trade Commission and secure funding for enforcement.
Still, Pallone said he is „optimistic that we can ultimately pass a comprehensive privacy law“ and plans to work with his colleagues to get there.
On the Senate side, ranking member of the Commerce Committee Ted Cruz (R-Texas) has already outlined areas in which he may oppose the proposal, saying in a statement after the proposal was announced that it would “empower trial lawyers. „I cannot support any data privacy bill that strengthens big data.“ Harnessing technology by imposing new regulatory costs on emerging competitors and giving the FTC unprecedented power to be the arbiter of internet speech and DEI compliance. ” The proposal would allow individuals to sue for alleged infringement, but it would also give companies a chance to right their wrongs.
With Cantwell holding the gavel on that committee, the proposal could have a chance to move forward once introduced.
At one point, Bilirakis asked five expert witnesses during the hearing if this was the best chance Congress had of passing comprehensive data privacy. He answered unanimously, „Yes.“
“I think there is a recognition that the situation is getting worse and could get much worse.”
In an interview after the hearing, IDC Subcommittee Ranking Member Jan Schakowsky (D-Ill.) said, „I'm very optimistic as of today.“ She said this time, lawmakers are even more aware of the consequences of not enacting privacy protections into law. “I think there is a recognition that the situation is getting worse and could get much worse,” Schakowsky said. „So if we don't act, more states are going to introduce their own privacy bills. That's not a good thing. Countries around the world, that means we need some protection for consumers. So I think there's a sense of urgency to achieve this.“
Schakowsky acknowledged that there are areas in the draft that she would like to see changed, and she would like to see how ADPPA handles pre-emption of laws, including Illinois' Biometric Data Protection Act. It pointed out. But she said, „Overall, the need to get this done is more compelling than the disagreements,“ adding that in the end, „there was only real agreement that it had to be done.“ ” he said.
Schakowsky is less concerned about opposition from California lawmakers, who have historically been adamant about maintaining the enforceability of the state's own data privacy laws, and said the committee He noted that only two members of Congress voted against ADPPA in the vote.
And when it comes to technology lobbying, Schakowsky says it will only go so far this time. „People are tired of Big Tech and having it's way with us in every way. I think we've gotten over that to some extent,“ she said. „I don't think they can take a strong position. I'm sure they'll look at every single detail and consider how they can do it. But people carry it within themselves and we I think we have embraced the role they play in our lives.”