Thune Partners With Schatz for Section 230 Talks; House Panel Issues Draft

Thune and Schatz used the word “preliminary” to describe the 230 talks. “We’re working with colleagues to see what’s possible,” Schatz said, noting a few bills are "percolating” with Thune that could be privacy related. “Hopefully, we’ll be able to talk about that soon,” Thune said. He and Schatz are chair and ranking member of the Senate Communications Subcommittee.

The effort is separate from talks on the section between Senate Judiciary Committee Chairman Lindsey Graham, R-S.C., and Sen. Richard Blumenthal, D-Conn., Blumenthal told us. “We’re talking to them, but they’re probably separate.” Graham said he hopes to speak with Blumenthal shortly after Jan. 1, citing the need to child-proof apps and social media sites that sexual predators abuse.

Senate Commerce Committee Chairman Roger Wicker, R-Miss., and ranking member Maria Cantwell, D-Wash., are soliciting expert input from industry and privacy groups on privacy legislation, Cantwell told reporters Wednesday. The process is getting “more granular,” she said.

Cantwell’s skeptical Congress will pass bipartisan privacy legislation in 2020. “I have faith in the ability to get a strong privacy bill with willing partners,” she said. “I don’t know if the Senate has the will to dedicate floor time to any major policy. We haven’t demonstrated that thus far, and that’s what that would take.” Cantwell told us she’s not exploring anything related to the portion of statute, but “there will be lots of discussion about issues.”

Wicker was more optimistic. “We’ve spent a year arriving at some very excellent protections for consumers and understandable rules for people who must comply,” he told reporters. He welcomed a draft privacy bill from House Consumer Protection Subcommittee Chair Jan Schakowsky, D-Ill., and Rep. Cathy McMorris Rodgers, R-Wash. (see 1912130049). “Anything that involves a bipartisan compromise will add to the conversation and enhance our chances,” Wicker said.

Senate Democrats have discussed the proposal with Schakowsky, Cantwell said. “I don’t know what they’re going to prioritize,” she said, noting reports that McMorris Rodgers is trying to “hang in there with" Schakowsky. Cantwell also welcomed parallel bills from Schakowsky and McMorris Rodgers: “Whatever shows what people’s main principles are ... would be helpful.” Cantwell said her office is interested in three pillars: the strength of the FTC in protecting privacy rights with strong language; data privacy; and federal and state enforcement. The last pillar requires the most discussion, she said. “To know that you have strong data privacy and you have strong abilities by the FTC, then you can get to that bigger question about how does this fit together with everybody else.”

House lawmakers released discussion draft text Wednesday. It doesn't address a private right of action and federal pre-emption, as expected (see 1912130049). The draft, a product of bipartisan discussions, grants the FTC rulemaking authority, first-offense civil penalty authority and jurisdiction over common carriers and nonprofits, which FTC Chairman Joe Simons has requested. It creates a new Privacy Bureau, with additional funding "as needed."

State attorneys general could enforce the privacy law, which allows consumers the right to access and delete their data. The draft includes limits on third-party data sharing. Areas left empty concerned the bill’s effective date and children’s privacy.

Rodgers cautioned the "staff draft is not a finished product." It "will serve as an important step in the process for us to solicit feedback and continue to negotiate a final bill," McMorris Rodgers said in a statement. She noted "bipartisan staff work" occurred, and she's "committed to continue working with Chair Schakowsky towards a bipartisan privacy bill.”