Time Called Right for Privacy Bill, Possible Broadcast Diversity Support
Data breaches made privacy a mainstream issue and industry's willing to go pretty far in terms of regulatory obligations, giving Congress unprecedented opportunity to pass legislation Brookings Institution's Cameron Kerry told the Multimedia Telecom and Internet Council. FCC Commissioner Geoffrey Starks thinks the Expanding Broadcast Opportunities Act (HR-3957) sponsored by Rep. G.K. Butterfield, D-N.C., could get bipartisan support, and a similar approach might make sense for other industries such as tech. Butterfield talked up the bill Thursday.
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FCC efforts toward broadcaster diversity are insufficient and the minuscule percentage of full-power stations owned by African Americans is "staggering," Starks said in a Q&A with former Commissioner Mignon Clyburn. He said there should be more broadcast newsroom diversity and repeated his call for more agency efforts on data collection on diversity and equal employment opportunity (see 1910080061). He said the FCC has "touch points" with corporate America where it can wield influence, noting diversity commitments in T-Mobile buying Sprint.
The deal's a “win” for U.S. leadership in 5G, said Commissioner Brendan Carr in a Q&A with former FCC Chairman Richard Wiley. The deal will “expand and increase intermodal competition,” Carr said. The transition to 5G will create “a tidal wave of data” and the deal will better position the combined company to meet that demand, he said. On their own, T-Mobile and Sprint are “differently situated” than companies such as AT&T to deal with 5G, he said.
The FCC shouldn't rely on only one kind of spectrum, Carr said. The U.S. leads the world in high-band spectrum, leads China on low band, and is pursuing mid band, he said. On the C band, the agency should aim for a transparent auction process that offers at least 300 MHz and provides funds for the Treasury, Carr said. “It's always right to put all the spectrum bands out there.”
Carr said he's a “big fan” of the FCC's broadcast incubator program, which was knocked down as part of the 3rd U.S. Circuit Court of Appeal's Prometheus decision. “I hope it is something we revisit,” Carr said. He supports increasing diversity in telecom but declined to comment later on bringing back the minority tax certificate. National Association of Black Owned Broadcasters President Jim Winston said Thursday the tax credit was the most effective way to increase minority ownership. Augusto Valdez of content company Condista said efforts to restore the credit should include provisions that also benefit MVPDs.
Kerry, Commerce Department general counsel in the Obama administration, said there's broad agreement on privacy legislation guaranteeing consumers control over their data, and basic agreement on enforcement being the work of the FTC and state attorneys general. Issues like pre-emption of state digital privacy laws and private rights of action are more politicized, but those could be worked out, he said. He said industry seems willing to potentially go far enough on terms that it could line up with consumer advocacy organization stances.
FTC Commissioner Noah Phillips said the case for federal privacy law instead of a patchwork of state ones is compelling because the latter would make compliance a challenge, especially for small businesses. “I want people to hire coders, not lawyers," he said. He said privacy and data security are major issues for the agency, but it can't lose sight of its less-flashy traditional roles like policing scams and frauds.
Capitol Hill momentum toward privacy legislation seems to be stalling, said Hispanic Federation Senior Vice President-Institutional Development Brent Wilkes. Replied Kerry, “I’m a congenital optimist.”
Cable companies have operated under clear privacy requirements and obligations for decades, as in Communications Act Section 631, said Comcast Vice President-Global Public Policy Rudy Brioche. He said a lot of privacy concerns stem from edge providers and how they manage individuals' digital presence. He said mandated privacy rules need to make consumers' rights clear to them and easily exercised.
Comprehensive legislation is needed, said LGBT Technology Partnership and Institute Executive Director Christopher Wood, not so restrictive it stops innovation. Amy Hinojosa, CEO of Latina organization MANA, urged more diversity within tech company ranks so effects of products and policies are considered during development. Kerry said digital privacy legislation needs to also deal with algorithmic discrimination and likely wouldn't get Democratic support without.
Algorithmic bias is “the new Jim Crow of the 21st century,” said Brookings Institution's Nicol Turner-Lee. Too often, inherent biases of developers of machine-learning algorithms lead to problematic outcomes in everything from advertising targeting and employment algorithms to facial recognition software and search query biases, she said. She said nondiscrimination laws like the Fair Housing Act should be updated to explicitly apply to digital and more people of color need to be involved in platform design and development. House Multicultural Media Caucus Chair Yvette Clarke, D-N.Y., talked up her Algorithmic Accountability Act (see 1904100045) and No Biometric Barriers to Housing Act (see 1907250062).