House Members Plan to Draft New Online Privacy Bill

  |  April 24, 2009   |  Comments

A House Subcommittee met yesterday to address concerns regarding privacy implications of behavioral targeting.

House Members plan to draft new legislation regarding online privacy this year. The House Subcommittee on Communications, Technology, and the Internet met yesterday afternoon to address concerns regarding privacy implications of ISP-based and other behavioral ad targeting technologies. The Subcommittee invited members of privacy and Internet freedom advocacy groups, in addition to representatives of telecoms, to its "Communications Networks and Consumer Privacy: Recent Developments" hearing.

"The thought that a network operator could track a user's every move on the Internet, record the details of every search and read every e-mail or attached document is alarming," said Subcommittee Chairman Rep. Rick Boucher during his opening statement.

Subcommittee members indicated their willingness to propose legislation relating to behavioral advertising, or perhaps all targeted online advertising. Ranking Republican Cliff Stearns of Florida asked witnesses if legislation he introduced in 2002 could serve as a guide for a future bill. His Consumer Privacy Protection Act was never passed, but would have required data collectors to notify consumers about data collection and usage.

That bill, co-sponsored by Boucher and other House Members, "will be the starting point and the foundation for our privacy bill this year," said Boucher. He said he expects the bill to require any service collecting data to disclose what will be collected and how it will be used, in addition to enabling consumers to act on that notification.

However, Stearns did imply that any attempts to regulate online privacy should consider the effect on business. "Overreaching privacy regulation...could have a significant negative economic impact at a time when many businesses in our economy are struggling," he said. Stearns also said Congress should consider search engines and ad networks in addition to exploring regulation regarding behavioral targeting technologies.

Industry representatives from AT&T, National Cable and Telecommunications Association, and mobile social platform Loopt suggested Congress does not necessarily need to craft new legislation protecting consumer privacy, and that business should be at the table if and when such a law is written.

Others expressed worries that current business practices may not suffice when it comes to protecting consumer privacy. Center for Democracy and Technology President and CEO Leslie Harris noted "Just because ISPs or advertising networks may use only a small portion of what is captured and do not retain other information does not diminish the breadth and intrusiveness of the initial data capture."

Both the Senate and House have inspected ISP-based and other forms of behavioral advertising. In July 2008, the Senate held a hearing on the "Privacy Implications of Online Advertising." A month later the House Energy and Commerce Subcommittee asked ISPs and online media firms to describe their online tracking and ad targeting activities.

Industry observers and consumers can expect further analysis by Congress. According to Boucher, a joint hearing will be held on related subject matter this summer.

ClickZ Live Toronto Twitter Canada MD Kirstine Stewart to Keynote Toronto
ClickZ Live Toronto (May 14-16) is a new event addressing the rapidly changing landscape that digital marketers face. The agenda focuses on customer engagement and attaining maximum ROI through online marketing efforts across paid, owned & earned media. Register now and save!*
*Early Bird Rates expire April 17.


Kate Kaye

Kate Kaye was Managing Editor at ClickZ News until October 2012. As a daily reporter and editor for the original news source, she covered beats including digital political campaigns and government regulation of the online ad industry. Kate is the author of Campaign '08: A Turning Point for Digital Media, the only book focused on the paid digital media efforts of the 2008 presidential campaigns. Kate created ClickZ's Politics & Advocacy section, and is the primary contributor to the one-of-a-kind section. She began reporting on the interactive ad industry in 1999 and has spoken at several events and in interviews for television, radio, print, and digital media outlets. You can follow Kate on Twitter at @LowbrowKate.

COMMENTSCommenting policy

comments powered by Disqus

ClickZ Today is our #1 newsletter.
Get a daily dose of digital marketing.



Featured White Papers

ion Interactive Marketing Apps for Landing Pages White Paper

Marketing Apps for Landing Pages White Paper
Marketing apps can elevate a formulaic landing page into a highly interactive user experience. Learn how to turn your static content into exciting marketing apps.

eMarketer: Redefining Mobile-Only Users: Millions Selectively Avoid the Desktop

Redefining 'Mobile-Only' Users: Millions Selectively Avoid the Desktop
A new breed of selective mobile-only consumers has emerged. What are the demos of these users and how and where can marketers reach them?


    • Contact Center Professional
      Contact Center Professional (TCC: The Contact Center) - Hunt ValleyLooking to join a workforce that prides themselves on being routine and keeping...
    • Recruitment and Team Building Ambassador
      Recruitment and Team Building Ambassador (Agora Inc.) - BaltimoreAgora,, continues to expand! In order to meet the needs of our...
    • Design and Publishing Specialist
      Design and Publishing Specialist (Bonner and Partners) - BaltimoreIf you’re a hungry self-starter, creative, organized and have an extreme...