Blackburn bill would ensure consumers’ online privacy

U.S. Sen. Marsha Blackburn (R-TN) on April 10 sponsored legislation to hold technology and communications companies accountable for maintaining Americans’ privacy online. 

The Balancing the Rights of Web Surfers Equally and Responsibly (BROWSER) Act, S. 1116, would require such companies to provide users with clear and conspicuous notice of their privacy policies and the ability to opt-in to the collection of sensitive information and to opt-out of the collection of non-sensitive information, a statement from the senator’s office said. 

“The BROWSER Act will enable consumers to make more educated decisions regarding the nature of their relationship with tech companies,” said Sen. Blackburn this week.

If enacted, S. 1116 also would prohibit these companies from denying services to users who refuse to waive their privacy rights, said Sen. Blackburn, adding that the bill also would authorize the Federal Trade Commission (FTC) to enforce the new rules.

“We need one set of rules for the entire internet ecosystem with the FTC as the cop on the beat,” Sen. Blackburn said on Wednesday. “The FTC has the flexibility to keep up with changes in technology and its principle mission is consumer protection.”

S. 1116 has been referred to the U.S. Senate Commerce, Science, and Transportation Committee for consideration.

Sen. Blackburn previously introduced the same-named H.R. 2520 in May 2017 when she served as Tennessee’s Republican representative in the U.S. House of Representatives during the 115th Congress. The bipartisan bill garnered seven cosponsors but stalled in a House committee.

Also on Wednesday, Sen. Blackburn spoke during a U.S. Senate Judiciary Committee hearing regarding Big Tech censorship, in which she called free speech a “cherished constitutional right.”

“I do think it’s time for tech companies like Google and Facebook to start embracing this spirit of the First Amendment,” she said. “Not just for their employees, but for all Americans who use their platforms.”

Facebook is a corporation, not a state actor, the senator continued, but tends to run online forums like they’re a “town square” in which the company censors discussions. Tech companies need to remain impartial, Blackburn said.  

Sen. Blackburn also this week urged the FTC to take action to address concerns regarding potential privacy, data security and antitrust violations involving online platforms in an April 8 bipartisan letter she and U.S. Sen. Amy Klobuchar (D-MN) sent to commission members.

“We respectfully request that the FTC consider publicly disclosing whether it is conducting an investigation of Google and/or other major online platforms and describe, in general terms, the nature of the conduct under examination in any such investigations,” the lawmakers wrote. “Going forward, we also encourage the FTC to disclose the existence of non-public investigations that may be of significant public interest, consistent with the FTC’s legal obligations.”     

“The FTC has a responsibility to hold technology companies accountable for securing their platforms,” Sen. Blackburn added in a statement. “My hope is that through this bipartisan effort we will shed light on the need to protect competition and online privacy to keep up with the fast pace of changes in technology.”