Cantwell, Wicker to Meet Monday for ‘Renewed’ Privacy Talks

With Congress moving to conference on its chips package (see 2205100080), it frees up “a little room to now get serious about privacy,” Cantwell told us Thursday. Negotiations “never really stopped,” she said. “I would say we’ve had pauses, but I think people are earnest in trying to get things done, so maybe some renewed focus, I guess.”

“We need to legislate,” Wicker told us Thursday. “We need to do our jobs. We may be closer than you think. There are meaningful negotiations.” A Cantwell staffer said in April that members are loosening up on specific provisions that have held back negotiations, including a private right of action and state preemption (see 2204120062).

Legislators have exchanged a number of new proposals and language, the committee member told us. Sen. Marsha Blackburn, R-Tenn., is among those floating new ideas, the member said. Her office didn’t comment. A Senate staffer confirmed a Monday meeting between Cantwell and Wicker before Senate votes. There has been active and ongoing four-corners negotiations on data privacy, and Cantwell and Wicker often meet on a variety of issues as committee party leaders, the staffer said.

Both Cantwell and Wicker referenced his comments at last week’s markup (see 2205110069), where he said the two sides can make progress on privacy, the chips conference and FTC Act Section 13(b) before the end of this Congress. “I want to get something done,” said Cantwell. Sen. Jerry Moran, R-Kan., said he’s hopeful about the latest meeting. Offices for Sens. Richard Blumenthal, D-Conn.; Brian Schatz, D-Hawaii; and John Thune, R-S.D., who have been involved in negotiations, didn’t comment.

The FTC will hold an open meeting Thursday, the agency announced last week. Following Alvaro Bedoya’s confirmation, the commission is expected to vote on a policy statement announcing “the agency’s prioritization” of child privacy enforcement, specifically how the Children’s Online Privacy Protection Act “applies to the use of education technology.” As ed tech use expands during the pandemic, the “statement makes clear that parents and schools must not be required to sign up for surveillance as a condition of access to tools needed to learn,” the FTC said. The commission will also vote on a request for public comment regarding amendments to the guides for the use of endorsements and testimonials in advertising (see 2001300058).

The committee at last week’s markup approved by voice vote a proposal that would end the FTC’s practice of so-called “zombie voting,” a tactic the Democratic majority used after Commissioner Rohit Chopra left the agency. Moran offered the proposal with Sen. Ted Cruz, R-Texas, as an amendment to Cantwell’s underlying bill on Section 13(b).

There’s some “difference of opinion” regarding the specifics” of the proposal, Cantwell told us: “There’s some clarity we could put to it.” Asked about Democratic support, Blumenthal told us, “There wasn’t much controversy.”

The proposal is “absolutely” something that could be pursued as a stand-alone bill, Moran told us: “We will pursue both paths. There were sufficient votes in committee to pass it. We didn’t take a roll call vote because we didn’t need to.” He noted there was some hesitation regarding retroactive application but pointed out that such wouldn’t have any impact on the votes for which an absent Chopra participated: Both decisions were unanimous. Asked if it’s worth pursuing as a standalone bill, Cruz told us, “I would certainly imagine so.”