Thune Looks Forward to Industry Privacy Take, Despite Witness Criticism

The Senate Commerce Committee’s privacy hearing Wednesday (see 1809200050) is a good opportunity for prominent platforms to weigh potential federal legislation, Chairman John Thune, R-S.D., told us Monday. Asked about committee criticism for its all-industry witness list, Thune looked forward to listening to privacy groups at a future hearing. Representatives from Google, Twitter, Apple, Amazon, AT&T and Charter Communications will testify Wednesday (see 1809120036).

“We intend to make this a very open process and hear from everybody in the stakeholder community to include the privacy groups,” Thune said. “But this is an opportunity to hear from the folks who are in the news all the time about these privacy issues and what they’re doing.” Center for Digital Democracy, one of the original groups criticizing the committee, warned members Tuesday about the limitations of having only industry present. “It is unlikely that the public will learn about the actual practices conducted every day by the digital data industry, practices that threaten our privacy whenever we use mobile devices, personal computers, gaming platforms, or connected televisions,” the group wrote.

"The question is no longer whether we need a national law to protect consumers’ privacy. The question is what shape that law should take," Thune wrote in Wednesday's The Hill. He cited new privacy regulations in the EU and California, asking if "these new regulations would be too costly and cumbersome for innovative startups." Administrator David Redl said Tuesday NTIA wants to "hear detailed feedback from a broad range of individuals and organizations" (see 1809250054).

“We need to get [privacy groups’] input, too, truthfully. … Four or five companies at that hearing -- there’s going to be plenty to hear from,” Sen. Jon Tester, D-Mont., told us. “Maybe we can have another one that deals with the privacy groups.” Sen. Richard Blumenthal, D-Conn., anticipates another hearing: Privacy groups "certainly have a role, and they should be heard.” Sen. Ed Markey, D-Mass., told us “clearly” there should be “a public interest component to the hearing. They’re promising they’ll do so at a later time, but I wish it was Wednesday as well.” Markey wants to see what progress companies made “constructing a privacy policy that they can present to the American public.” Blumenthal and Markey partnered on online privacy legislation (see 1808280039).

Sen. Roy Blunt, R-Mo., told us that because Google wasn't present for a recent Senate Intelligence Committee hearing (see 1809050057), where Twitter became the focus over Facebook, he will have more questions for Google than for others. The big challenge for Facebook is to determine what information on the platform is inaccurate “to the point of being dangerous,” Blunt said. “It’s a big ask on the part of the government.”

Sen. Thom Tillis, R-N.C., told us he remains interested in the “proactive” steps companies are taking with corporate governance and controls: “I think there’s a lot of process and control gaps that allowed them to [get] where they are today.” Tester wants to know what measures are being taken to “keep our private information private.”

Google released privacy principles Monday, calling for “reasonable limitations on the manner and means of collecting, using, and disclosing personal information.” The principles are based on “established privacy regimes and are meant to apply to organizations that make decisions regarding the collection and use of personal information,” Google said.

NTIA opened its own privacy principles (see 1808060035) to public comment Tuesday through Oct. 26.

An AT&T spokesman wrote in an email Tuesday the company has long “supported federal legislation to protect consumer privacy through a clear and consistent set of safeguards that apply equally to all platforms. We look forward to participating in the hearing.” Twitter declined to offer testimony, and the other companies didn’t comment.

Interactive Advertising Bureau member programs could be “a model for a federal legislative standard,” Executive Vice President-Public Policy Dave Grimaldi wrote the committee Monday. “A uniform Federal privacy standard could provide clarity, market certainty, and add fuel to future innovation.”