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Zuckerberg Takeaways

Illinois Democrat Hopeful for Bipartisan House Privacy Draft, but Would Move Forward Solo

House Consumer Protection Subcommittee Chair Jan Schakowsky, D-Ill., hopes for a bipartisan agreement with ranking member Cathy McMorris Rodgers, R-Wash., on privacy legislation (see 1909060046). If one isn't reached, Schakowsky's prepared to move forward alone. “I’m more and more hopeful that we’re going to have a bipartisan bill, and once we confirm that, we can put out a draft for people to see,” Schakowsky told us last week. “If not, we’re still going to move forward, but I’m hopeful.”

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Staffs for the subcommittee leaders met throughout the recess, but the lawmakers haven’t personally met to negotiate legislation, Schakowsky said: “I think we’re close to that. We’re really talking about the agreements that we’ve preliminarily reached.”

Senate Commerce Committee Chairman Roger Wicker, R-Miss., is continuing negotiations “in good faith” with ranking member Maria Cantwell, D-Wash., he told us: “We need a privacy bill this year. … We’re working on it just about every day.”

The Senate Judiciary Committee’s tech task force plans to meet a third time (see 1909270020) when Congress returns from recess, co-chair Marsha Blackburn, R-Tenn., told us. The group’s previous meetings show there’s agreement on the need for one set of privacy rules for the “entire ecosystem” under one regulator, she said.

I’m embarrassed that we’ve done nothing,” said Sen. John Kennedy, R-La. “Everybody agrees that there’s a problem with privacy. Everybody can agree on the basic elements on how to at least partially address it.” If the only remaining issue is federal pre-emption, the Senate should vote on privacy legislation, he said: “That’s why God made votes, when you can’t agree.” Kennedy was hoping companies like Facebook would address privacy unilaterally, but “I was wrong.” Platform users deserve clear disclosure about what they give up when they use services, he said.

A few senators shared takeaways from Facebook CEO Mark Zuckerberg’s recent visit to Washington (see 1909200059). Sen. Josh Hawley, R-Mo., said when he asked Zuckerberg to sell Instagram and WhatsApp, “there was a long, long pause. [Zuckerberg] said, ‘I just don’t even know what to say to that.’” Hawley told reporters he’s glad Texas Attorney General Ken Paxton (R) is helping lead a coalition of AGs in 50 states and jurisdictions probing Google for potential antitrust violations (see 1909090060): “I hope they’re aggressive.” Paxton was spotted on Capitol Hill after a brief conversation with Hawley, a former Missouri AG. Paxton didn’t offer specifics about the next steps in the probe, saying he was connecting with Texas congressmen and senators to discuss state issues.

Sen. Richard Blumenthal, D-Conn., said that during his visit with Zuckerberg, he learned about the Facebook chief’s perspectives on important issues like privacy and his “eagerness to engage.” Moving forward, Blumenthal said he will judge Zuckerberg “by his actions, not his words.”

It’s not “essential” for tech executives to visit Capitol Hill, said Sen. Brian Schatz, D-Hawaii, who recently met with Microsoft President Brad Smith (see 1909250055). “I don’t mind visiting with CEOs, but I don’t think that’s mandatory. I think if they behave, they don’t have to show up.”

Sen. Sherrod Brown, D-Ohio, told us he’s “very tuned in to doing all we can to stop” Facebook’s digital currency plan, Libra (see 1908260057). Brown would like Facebook to offer a public policy reason for why the digital currency is important other than “we want to help other countries.” The company didn't comment.