Kerry and McCain Introduce Commercial Privacy Bill of Rights
As we have been saying since the beginning of the new session of Congress, it appears that privacy is the true bipartisan issue. Evidence of that was front and center yesterday as Senators John Kerry (D-MA) and John McCain (R-AZ) introduced their "Commercial Privacy Bill of Rights" requiring businesses that collect, use, store or transfer consumer information to implement data privacy protections when developing products ("Privacy by Design") and providing consumers with choices about how data are used, collected and shared.
The "rights" set out in the legislation include:
- Security and Accountability -- authorizes the Federal Trade Commission to require strong data protections and implementation of "privacy by design" for all companies
- Notice and Participation -- authorizes the Federal Trade Commission to rule requiring clear and concise notice and providing choice for consumers
- Data Minimization, Constraints on Distribution, and Data Integrity -- imposes limits on the amount of information companies may collect, the period of time such information may be retained, and on uses of information shared.
Comprehensive privacy legislation at the federal level has been discussed for many years, but this is the first actual legislation to be introduced in the Senate in ten years.
The details of the legislation have been widely reported. After the jump, we publish links to major reporting on the legislation.
LA Times: Landmark online privacy legislation is introduced in Senate- "Right now there is no law protecting the information that we share," Kerry told reporters. "Companies can harvest our personal information online and keep it for as long as they like it. They can sell it without asking permission or even letting you know that they're selling your own information. You shouldn't have to be a computer genius in order to be able to opt out of information sharing,” said Kerry.
WSJ: Senators Offer Privacy Bill to Protect Personal Data - "These companies can do virtually whatever they want with our personal information," said Sen. Kerry (D., Mass.). "Sen. McCain and I seek to change that." LINK
Commercial Privacy Bill of Rights
AP: Senate bill would establish privacy bill of rights to protect consumer data- The bill, sponsored by Democrat John Kerry of Massachusetts and Republican John McCain of Arizona, would create a “baseline code of conduct” to govern the use of information that could identify a particular individual or a particular computer or smartphone.
AFP: US senators introduce online privacy 'bill of rights'- Kerry, who chairs the Senate Subcommittee on Communications, Technology, and the Internet, said "Americans have a right to decide how their information is collected, used, and distributed and businesses deserve the certainty that comes with clear guidelines." LINK
Reuters: John McCain, John Kerry introduce contentious U.S. privacy bill- Kerry, a Democrat from Massachusetts, said the measure had support from some big technology companies. "These companies agree with us that it doesn't just make good business sense to protect their customer; they know it's the right thing to do," he told a news conference. LINK
NYT: Senators Propose New Online Privacy Law- “Every single day each of us produces a staggering amount of personal information on the Internet,” Mr. Kerry said in a news conference with reporters. “That journey can be tracked, it can be stored and it can be shared on an almost unimaginable scale.” LINK
WaPo: Kerry, McCain offer bill to protect Web users’ privacy rights- Sen. John F. Kerry (D-Mass.) and Sen. John McCain (R-Ariz.) said their measure aims to protect Internet users by forcing companies to explain how they collect information and what they do with it. LINK
WSJ: Senators Offer Privacy Bill to Protect Personal Data - "These companies can do virtually whatever they want with our personal information," said Sen. Kerry (D., Mass.). "Sen. McCain and I seek to change that." LINK
WSJ: With Catalogs, Opt-Out Policies Vary - On Tuesday, Sens. John Kerry (D., Mass.) and John McCain (R., Ariz.) introduced legislation that would establish a "privacy bill of rights" to protect people from intrusive data-gathering online and offline. LINK
Boston Globe: Kerry, McCain soothe 2008 campaign rift- Kerry and McCain strode together yesterday into a Senate news studio to jointly announce a bipartisan bill that would require companies tracking Internet users to ensure they protect personal information. LINK
Bloomberg News: Privacy-Protection Legislation Introduced by U.S. Senators Kerry, McCain- “Plenty of companies collect data and use it with high ethical standards,” generating economic growth that “benefits all of us,” Kerry said today at a news conference unveiling the bill. LINK
National Journal: Kerry-McCain Consumer Privacy Bill Loses 'Do Not Track' Option- “Americans have a right to decide how their information is collected, used, and distributed, and businesses deserve the certainty that comes with clear guidelines,” Kerry said. “Our bill makes fair information practices the rules of the road, gives Americans the assurance that their personal information is secure, and allows our information-driven economy to continue to thrive in today’s global market.”
CQ: Technology Sector, House Republicans Wary of Kerry’s Online Privacy Bill- Kerry, the chairman of the relevant Senate Commerce, Science and Transportation subcommittee, said he and McCain introduced the legislation “to put Americans back in control of how their personal information is collected and used.” LINK
The Hill: Kerry and McCain throw their weight behind privacy bill of rights "Companies can keep your information for as long as they like or sell it without even letting you know. You shouldn’t have to be a computer genius to opt-out of sharing,” Kerry said, adding there are currently no rules to protect consumers’ personal information. LINK
Huffington Post: 'Privacy Bill Of Rights' Introduced By Senators John Kerry, John McCain - Senators John Kerry and John McCain have introduced proposed legislation for a "Privacy Bill of Rights" to prevent data collectors from misusing Americans' private information. LINK
Time Magazine: Washington Takes Up Internet Privacy- The bill, by Sen. John Kerry, Democrat of Massachusetts, and Sen. John McCain, Republican of Arizona, would create the Commercial Privacy Bill of Rights, and if passed it would force companies to give consumers more control over how their personal information is collected, and possibly sold to third-party outfits. LINK
Wired Magazine: Legislation Would Let You Opt Out of Online Web Tracking- Kerry told a news conference that Americans’ online activity is being tracked, stored and shared “on an almost unimaginable scale.” LINK
AdWeek: Kerry, McCain Introduce Long-Awaited Online Privacy Bill- “You shouldn’t have to be a computer genius to opt out,” said Kerry, who took the lead at the press conference, with McCain off to his side. “Companies can do what they want, but individuals have no legal recourse.” LINK
CNET News: Privacy 'bill of rights' exempts government agencies- There is, however, one feature of the bill sponsored by senators John Kerry (D-Mass.) and John McCain (R-Ariz.) that has gone relatively unnoticed: it doesn't apply to data mining, surveillance, or any other forms of activities that governments use to collect and collate Americans' personal information. LINK
PC Magazine: Sens. Kerry, McCain Introduce Online 'Privacy Bill of Rights'- "Americans have a right to decide how their information is collected, used, and distributed and businesses deserve the certainty that comes with clear guidelines," Kerry, a Massachusetts Democrat, said in a statement. LINK
MacWorld News: Kerry, McCain introduce online privacy bill- “John and I start with a bedrock belief that protecting Americans’ personal, private information is vital to making the Information Age everything it should be,” Kerry said in a statement. LINK
Marketplace: What are John Kerry and John McCain doing about your privacy? The Commercial Privacy Bill of Rights Act of 2011 was introduced on Capitol Hill yesterday by Senators John Kerry (D-Mass.) and John McCain (R-Ariz.). It's meant to protect your privacy online.
ClickZ News: Kerry and McCain Bill Signals Privacy Law Momentum- "The commercial privacy bill of rights will keep our private data safe by laying down fair information practices for anyone collecting it," stated Kerry during a press conference announcing the bill. LINK
Broadcasting & Cable: Stearns Privacy Bill in the Hopper- That comes the same day that Senators John Kerry (D-Mass.) and John McCain (R-Ariz.) introduced their own privacy bill dealing, also dealing with giving surfers notice and choice about how their information is used. LINK
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