March 2019

Several of the draft bills related to privacy in the 116th Congress present concrete signs of an emerging shift in the underlying model for privacy regulation in the current discussion, from one based on consumer choice to another focused on business behavior in handling data. This paper focuses on this key element of the taxonomy—how proposals reflect this shifting paradigm and how the change affects other aspects of privacy protection.

The Save the Internet Act, a measure from congressional Democrats to restore Obama-era network neutrality rules, is most likely dead on arrival. Though the bill has a strong chance of passing a Democratic-controlled House, it’s not a priority in a Republican-led Senate. It’s even less likely that President Donald Trump would sign a law reversing his administration’s decision.

America’s big tech companies have achieved their level of dominance in part based on two strategies: 1) Using Mergers to Limit Competition Using and 2) Proprietary Marketplaces to Limit Competition.