Online privacy

Tech issues aren’t likely to be at the top of Joe Biden’s agenda on Jan 20. But tech needs a seat at the Biden table to navigate what have been increasingly thorny issues for the industry: net neutrality, privacy, antitrust challenges, broadband access, science and technology investment, and H-1B visas.

The next leadership team of the Federal Communications Commission must prioritize restoring the agency’s authority to protect consumers and competition in the broadband market. Under the next administration, FCC leadership should quickly commence a proceeding proposing to reclassify broadband as a “telecommunications service” under Title II of the Communications Act of 1934. This reclassification puts the FCC on the firmest legal ground to

While it is not out of the question that California’s tough privacy law plus follow-up action by other states could encourage Congress to enact legislation, working out issues regarding the right to sue and state preemption controversies would be easier with a Democratic President, House, and Senate than divided party control. In the latter situation, Joe Biden would have to find a few Senators willing to buck their party and vote with him to resolve those issues. Such a coalition could happen, but these kinds of negotiations always are lengthy and complicated.

The California ballot measure Proposition 24, or the California Privacy Rights Act (CPRA), has passed, pushing the state even further ahead of the rest of America when it comes to data privacy legislation. CPRA adds to California’s existing law, the California Consumer Privacy Act (CCPA). CCPA is one of the strongest privacy laws in a country with few of them, giving Californians the power to know what data businesses have and collect about them and to tell those businesses not to sell data to anyone else.

We won’t fully bring the benefits to all Americans if we’re advocating for bringing a connection into their homes that is insecure or unsafe. That means we cannot allow data security and privacy to become luxury goods available only to the elite. On the security side, I’ve been vocal about the need to secure our communications networks.

The 116th Congress opened with great energy and promise for federal privacy legislation across both houses and parties. By the end of 2019, though, Senate Commerce Committee Chairman Roger Wicker (R-MS) and Ranking Member Maria Cantwell (D-WA) each released separate proposals, respectively the draft US Consumer Data Privacy Act (USCDPA) and the Consumer Online Privacy Rights Act (COPRA).

The K-12 Bridge to Broadband initiative will enable more students to participate in remote or hybrid learning for the 2020-21 school year by identifying student needs, standardizing eligibility, and facilitating enrollment for sponsored services. NCTA—the Internet & Television Association, USTelecom, and NTCA—The Rural Broadband Association and their member companies are committed to common principles to work with public school districts or states to identify and connect students. 

The Trump administration’s campaign to make Chinese-owned video-sharing app TikTok relocate to the US is the latest example of the global fracturing of the internet. Treating user data as a matter of national security is a notion that has dictated many of the policies Beijing has put in place to control the internet in its country for the past decade. China operates what is called the “Great Firewall,” limiting the services people in the country can use and the information they receive.

In 2019, about a year after the California Consumer Privacy Act was passed—but before it had gone into effect— CA State Sen Bob Hertzberg, who by then was majority leader of the CA State Senate, pitched a new idea to CCPA brain-child Alastair Mactaggart. In a total reversal from his earlier stance, Hertzberg urged Mactaggart to bypass the legislative process. Instead, he should fund and draft a new ballot initiative to improve upon the CCPA. And this one wouldn’t be a bargaining chip. It would go all the way to a vote by the people of California.

Senate Commerce Committee Chairman Roger Wicker (R-MS), Communications Subcommittee Chairman John Thune (R-SD), Transportation Subcommittee Chairman Deb Fischer (R-NE), and Sen. Marsha Blackburn (R-TN) introduced the Setting an American Framework to Ensure Data Access, Transparency, and Accountability (SAFE DATA) Act. The legislation would provide Americans with more choice and control over their data and direct businesses to be more transparent and accountable for their data practices.