Latest Facebook Revelations Spur Bipartisan Fervor for 2019 Bill

This week’s revelations about Facebook’s alleged data abuse (see 1812190039) spurred bipartisan fervor for addressing privacy issues in 2019. Incoming leadership for the Senate Commerce Committee, where the chamber’s privacy debate has centered (see 1812070039), told us to expect data privacy in the spotlight, with additional hearings.

“You can pretty much count on” hearings, partly in response to Facebook, Senate Communications Subcommittee Chairman Roger Wicker, R-Miss., the likely incoming committee chairman, told reporters. Commerce members in both parties want to ask questions of Facebook leadership on tech privacy issues and problems “specific” to the company, Wicker said. Privacy concerns are “only going to grow in monumental proportions,” incoming ranking member Maria Cantwell, D-Wash., told us. “It’s going to be a big, big, big focus" next year.

Sen. Richard Blumenthal, D-Conn., told reporters he’s interested in hearings with the FTC, which is proceeding at a “snail’s pace” with its Facebook probe. It would be useful to hear from tech executives as well, he said. Blumenthal was “deeply disturbed” by Facebook reportedly violating an FTC consent decree. Asked whether CEO Mark Zuckerberg misled Congress, Blumenthal said, “Squaring [Zuckerberg’s] comments with the facts is very hard to do.” It’s “absolutely inexcusable” if Facebook was allowing partners access to private messages, Senate Commerce Committee ranking member Bill Nelson, D-Fla., told us. Facebook denied it dealt private data without consent or violated the FTC order. Thursday, Facebook didn't comment.

“When a major American company lies to Congress and the American people about issues like the messages of our people, the locations, it’s the job of the Congress to step in and take action,” Sen. Ron Wyden, D-Ore., told us. Getting a privacy bill on the books before the 2020 election is a top priority, said Wyden, who introduced a draft proposal calling for violating executives to face jail time (see 1811010044).

These Facebook allegations are a big reason privacy will be “one of the top agenda items for the next Congress,” Sen. Thom Tillis, R-N.C., told us. He warned against “overreaching” with privacy legislation.

“I don’t know that [Zuckerberg] intentionally misled Congress,” Sen. John Kennedy, R-La., told reporters. The founder testified this “kind of nonsense would end, and it didn’t. The first time you can argue it’s a mistake, but the second time it’s a choice.” Kennedy, who introduced a privacy bill with Sen. Amy Klobuchar, D-Minn., and is preparing another (see 1811150039), said social media users wouldn't consent to a platform dealing private messages to other companies.

One issue to address is whether data is personal property or something surrendered when online, Sen. Marco Rubio, R-Fla., told reporters. The vast majority of Americans aren't aware their private data is being “sold as a commodity,” Rubio added. “At a minimum, America should be made aware of that and hopefully given the opportunity to opt in, rather than opt out.” Another issue is whether platforms, which host and “edit” content, should be treated like major media outlets, Rubio said. Sen. Jerry Moran, R-Kan., who's working on a privacy bill with Blumenthal, told reporters federal pre-emption of state privacy laws concerns will be alleviated by the strength of federal legislation.

“Facebook is making this up as they go along​​​​​​​” and withholding information about how private data is compromised, Sen. Ed Markey, D-Mass., told reporters. News like this will “accelerate the need” for a comprehensive privacy bill, he said.