A Problematic Approach to Privacy

Our online activities reveal a lot about us, such as our location, habits, financial status, religion and personal relationships. So we agree in principle with Tennessee Republican Rep. Marsha Blackburn's position that Americans shouldn't have to give up their privacy just to use the internet ["It's Time to Protect Consumers Online," June 30]. But her proposed Balancing the Rights of Web Surfers Equally and Responsibly Act, aka the BROWSER Act, is a half-measure that dismantles existing privacy protections.

Two of the bill's provisions actively undermine individual's privacy:

First, the bill pre-empts state privacy laws. States have often led the way in protecting our privacy, but rather than offering thoughtful pre-emption for truly conflicting state standards, the bill forecloses any state attempt to protect its residents' privacy.

Second, the bill makes the Federal Trade Commission the sole regulator of broadband privacy, despite the fact that the FTC's ability to make rules is much weaker than the Federal Communications Commission. The FTC is a small agency with limited resources, and consumers are better protected with two privacy cops than one.

We can only conclude that both of these provisions have nothing to do with protecting privacy and everything to do with shielding big telecommunications companies from enforcement.

Congress should work with multiple stakeholders to create thoughtful baseline privacy legislation that gives Americans more control over our data, incorporates basic privacy protections, like anonymization, and gives agencies the ability to make rules that implement these protections. Unfortunately, the act, in its current form, falls short of the thoughtful, comprehensive solution Americans want and deserve.

Michelle de Mooy
Director, Privacy & Data Project
Center for Democracy & Technology