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Markey, Blackburn Hopeful

Cantwell Seeking Bipartisan COPPA Recommendations

Senate Commerce Committee Chair Maria Cantwell, D-Wash., seeks bipartisan recommendations for updating the Children’s Online Privacy Protection Act, she told us last week. Sens. Ed Markey, D-Mass., and Marsha Blackburn, R-Tenn., said they’re trying to reach bipartisan consensus.

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Interest in COPPA has been growing since testimony from Facebook whistleblower Frances Haugen (see 2109300074). Ranking member Roger Wicker, R-Miss., said he’s in conversations with Markey about a potential update.

The hearings brought a lot of focus to the issue, said Cantwell. She hopes Markey and Blackburn will deliver recommendations for committee leadership: “We had a discussion as Democrats about what we want to do, and so hopefully they want to do something, too.”

We’re discussing the issue,” said Markey. “I’m hoping we can have a bipartisan approach to children’s privacy, especially after the Facebook revelations. It was just a blistering, scalding indictment of Facebook and its indifference to children and teenagers in the U.S.” On the potential for recommendations from him and Blackburn, he said, “We’re working hard to find a way to move forward.”

Before too many months, you’re going to see us deliver something on children’s privacy, online privacy and online data security,” Blackburn predicted. “Agreement has been building” among Commerce and Judiciary members, she said. She noted her work as top Republican on the Consumer Protection Subcommittee, which Richard Blumenthal, D-Conn., chairs. She also noted her prior work in the House with Markey and Sen. Ben Ray Lujan, D-N.M.: “Much of that commonality and understanding that we built through that process [in the House], we brought with us.”

An aide for Sen. Bill Cassidy, R-La., said his office is working to schedule some time on the issue with other members. Cassidy introduced a COPPA bill with Markey.

The House Commerce Committee should hold a privacy hearing, in addition to the two it recently announced for December (see 2111170065), said Rep. Kathy Castor, Fla., who's helping lead COPPA discussion for Democrats. “We need to move on it.” Asked about the potential for a privacy hearing, Chairman Frank Pallone, D-N.J., said, “Let’s see how it goes with these two.”

Republicans are disappointed Democrats are moving forward with legislation without having held educational hearings earlier this year, said ranking member Cathy McMorris Rodgers, R-Wash. She wants a national privacy standard that gives clear direction to the FTC, not broad authority and a $500 million “slush fund” to create a privacy bureau. The Build Back Better Act (HR-5376), which the House passed Friday (see 2111190042), includes $500 million for a new privacy and security bureau.