Facebook General Counsel Tells TPI Internet Regulation Is Overdue

Internet regulation is “overdue in many ways and justified,” Facebook General Counsel Jennifer Newstead told a Technology Policy Institute event Tuesday. She noted the tremendous attention on internet regulation, including privacy, online safety, content moderation, data sharing and competition. “We are advocating in a number of areas that there be a very careful and focused look at what changes might be necessary,” she said.

Uncertainty about cross-border data flows after the invalidation of the EU-U.S. Privacy Shield is one example where it’s important for government-to-government negotiators to find a solution and avoid global trade disruption, Newstead said. She backs passage of federal privacy legislation, agreeing with Cox Enterprises General Counsel Jennifer Hightower during the panel. Businesses need clarity, said Hightower, noting companies are now reacting to various state laws.

These are important domestic and international conversations, said MPA Global General Counsel Karyn Temple. But she cautioned against impacts on the ability of enforcers to go after bad actors, citing the EU’s general data protection regulation and interpretations from ICANN, which affected access to the Whois database (see 2008270055). Enforcers and policymakers need to balance that with the need for consumer privacy, Temple said. All three panelists spoke virtually.

Newstead said she doesn’t know if Congress will pass privacy legislation, but she’s hopeful interested parties will converge on more consistent standards. Data access for consumers, data deletion, data portability, responsible data ownership and enforcement authorities are important topics to address, she said.

Civil rights work is a new and necessary addition to the corporate world, said Newstead, citing the company’s hiring of a civil rights executive and ongoing audits at the company. Temple agreed with Newstead about this shift: “Externally, consumers and people that you are working with are going to increasingly demand and expect that these companies that might not have said anything before have policies or make statements or in some way will participate in the conversation that’s going on in the U.S.”

“I couldn’t agree more,” said Hightower. “It is completely a new addition to the role.” Having civil rights expertise is the “right thing,” she said.