Get Ready for a Privacy Law Showdown in 2019

Washington spent the better part of 2018 talking tough to tech companies and threatening a crackdown on the wanton collection, dissemination, and monetization of personal data. But all of that was just prelude. The real privacy showdown is slated for 2019. Tech giants are racing the clock to supersede California’s law with a more industry-friendly federal bill. There will likley be a point of contention between industry lobbyists and consumer rights groups like the ACLU, which argue that states should be free to pass stricter rules if a federal bill doesn't go far enough.  Another key question is how any sort of federal legislation would be enforced. In Washington, industry groups hope to leave enforcement to the Federal Trade Commission. Critics of that approach say that the FTC has too little authority to impose meaningful penalties on companies, and that it's failed to act on what authority it does have.

The task of reconciling the differences between businesses, advocacy groups, and members of Congress will likely fall to the leadership of the Senate and House Commerce Committees. Just who will run those committees is still an open question. Sen John Thune (R-SD), who serves as chair of the Senate committee, is set to step down from the role, while Sen Bill Nelson (D-FL) recently lost his reelection bid, opening up his seat as ranking member of the committee. And now that Republicans have lost the majority in the House, Democrats who have recently been critical of Big Tech will be taking the big chairs. On the House Commerce Committee, that will fall to Frank Pallone Jr. (D-NJ), while Rep Jerry Nadler (D-NY) is poised to lead the House Judiciary Committee.