U.S. Lawmakers Who Regulate Big Tech: Privacy, Antitrust, and Data Policy
A select group of lawmakers have an outsized influence on tech-related matters like privacy, national security and anti-trust regulation, and their clout will help shape the fates of device makers and carriers in years to come.
“Who Are These Guys? Politicians Who Impact Tech” is a two-part article examining lawmakers who influence technology policy. Part 1 examines key figures with interests in privacy and antitrust.
Americans elect 535 people to write and amend federal laws, and a handful of those lawmakers focus on technology matters, either as part of a committee assignment or advocating on behalf of constituents. Their proposed policies and laws impact everything from privacy and anti-trust concerns, to national security and the role of regulations.
A few Congressional committees in particular enables members to develop specialized knowledge of the matters under their jurisdiction, like privacy and anti-trust concerns. While other committees consider technological issues, the House’s Privacy Caucus and the Senate’s Antitrust subcommittee promise to wield significant influence as issues like data tracking and carrier mergers and acquisitions continue to make headlines.
Other members of Congress, however, do not need to belong to committees to make their views on privacy and antitrust concerns heard, and have become formidable figures in the politics surrounding technology.
The Privacy Hawks
Name: Rep. Edward J. Markey (D., Mass.)
Key Initiatives: Co-chairman of the House Privacy Caucus, sponsored the Mobile Device Privacy Act, updated the Children’s Online Privacy Protection Act, investigated Amazon’s Silk Browser and Facebook’s cookie-tracking practices.
Name: Rep. Joe Barton (R., Texas)
Key Initiatives: Co-chairman of the House Privacy Caucus, investigated Facebook’s cookie-tracking, updated the Children’s Online Privacy Protection Act
Reps. Markey and Barton sit on opposite sides of the aisle, but these lawmakers both take online privacy seriously, casting aside party lines to co-chair the House Privacy Caucus, keeping tabs on tech companies to ensure the privacy of U.S. citizens.
Markey and Barton scrutinize mobile privacy policies, and most recently sent a letter voicing concerns about Google’s upcoming privacy policy shift. Along with public outcry over the changes, the representatives wanted answers from the company’s intended use of consumer data, and their review could impact corporate policies.
Facebook’s CEO Mark Zuckerberg is also familiar with Markey and Barton. The lawmakers grilled Facebook execs over plans to share user information with third-party app developers, underscoring Congress’ plans to continue pressing on privacy concerns. The Zuckerberg grilling followed Barton and Markey’s campaign critiquing Facebook’s cookie-tracking practice, which allowed the social media giant to track users even after they logged out of the site. Barton and Markey took the additional step to ask the FTC to formally investigate this behavior, and Facebook says it fixed the problem.
The Congressmen released letters from AT&T, Verizon, Sprint and T-Mobile regarding the companies’ data collection, use and storage. The carriers responded to concerns by outlining their privacy policies, which generally ask permission before tracking location, but all the major carriers claim no responsibility over data collection on third-party apps, an oversight that worries the Privacy Caucus.
And to demonstrate their attention to startups in addition to established firms, last summer the duo targeted Groupon for potentially exploitative privacy tactics.
Barton and Markey often present their concerns in joint letters, and specifically focus on how companies use customer data for their own benefit. The representatives are likely to stay on Google’s case about its privacy overhaul, and as Facebook readies for its IPO and tries to compete with Apple and Google, Barton and Markey’s Privacy Caucus is sure to chime in if Facebook’s practices encroach on questionable privacy practices.
On the other hand, both representatives may have to juggle their committee responsibilities with maintaining their own jobs. The Texas and Massachusetts representatives face re-election in November 2012, both contending with challenges from redrawn district maps. (Kate Knibbs)
Antitrust Watchdogs
Name: Sen. Herb Kohl (D., Wisc.)
Key Initiatives: Chairman of Senate Antitrust subcommittee, ongoing antitrust investigation of Google, AT&T/T-Mobile merger
Name: Sen. Mike Lee (R., Utah)
Key Initiatives: Ongoing antitrust investigation of Google, ranking member of Senate Antitrust subcommittee
Kohl, as chairman of the Senate’s Antitrust subcommittee panel, oversees checks and balances of the most powerful companies in the nation. Lee is a member of the panel as well.
In efforts to make sure Google wasn’t unfairly stifling competitors, Kohl helped decipher antitrust allegations of Google in a Congressional hearing last year, and said lawmakers would investigate to make sure Google’s rivals are “treated fairly,” supporting a further Federal Trade Commission investigation of the search engine giant.
Kohl also authored a letter to the Federal Communications Commission while it debated AT&T’s T-Mobile acquisition, saying the merger would harm competition and consumers and should be blocked.
“I have concluded that this acquisition, if permitted to proceed, would likely cause substantial harm to competition and consumers, would be contrary to antitrust law and not in the public interest, and therefore should be blocked by your agencies,” said Kohl.
Like the committee chairman, Lee proves to be vocal in his role as ranking member of the Antitrust Subcommittee, joining the call for judiciary committees on Google’s antitrust investigation. The Texas senator joined Sen. Kohl in urging the company to send top leaders Eric Schmidt and Larry Page, and hearing transcriptions show Lee did not shy from grilling Google on its free competition spirit.
“Google is in a position to determine who will succeed and who will fail on the Internet,” said Lee. “In the words of the head of the Google’s search ranking team, Google is the biggest kingmaker on Earth.”
Kohl joined the Senate in 1988, and is currently serving his fourth six-year term. Sen. Kohl officially announced in May 2011 that he will not be seeking re-election, so for the remainder of 2012, Kohl’s name will likely pop up from time to time as investigations continue of allegations against Google.
For his part, Lee, who joined the Senate in 2010 and authored a separate letter to the DoJ and FCC regarding the proposed merger of AT&T and T-Mobile, could be the next appointee to fill Kohl’s committee spot if there are a majority of Republicans in the Senate. (Melissa Daniels)
A Sharp Eye on Data, Tracking and Privacy
Name: Sen. Al Franken (D., Minn.)
Key Initiatives: Mobile tracking privacy concerns, FCC approval of AT&T and T-Mobile merger, Congressional bill for defining 4G
Other lawmakers made their impression on the tech world, not necessarily from a committee platform, but by advocating for the same issues that strike a chord with them or their constituents. Al Franken has been a vocal critic of growing privacy violations, emerging as an influential voice in mounting debate over what data devices track and who can access it.
Since being elected to the Senate in 2008, Sen. Franken continues to weigh in on a number of issues concerning how companies treat users — notably, he’s an advocate for control of mobile tracking, unabashedly going after the most powerful players.
Last summer, Franken introduced the Location Privacy Detection Act, which required mobile carriers to obtain user consent before sharing location data with third parties. Franken said while he was aware of the benefits data collection can offer, he still wanted to promote education and ensure certain user rights.
“Geolocation technology gives us incredible benefits, but the same information that allows emergency responders to locate us when we’re in trouble is not necessarily information all of us want to share with the rest of the world,” he said.
Franken even faced off with the Steve Jobs last year on the discovery Apple gather information iPhone and iPad users without their knowledge. In a letter sent directly to the groundbreaking CEO, Franken boldly asked why the data was stored unencrypted, and said its existence “raises serious privacy concerns.”
The Minnesota senator continued to push the issue on app privacy, expanding his investigation to include Apple and Google regarding app developer’s privacy policies and leading the Congressional charge against Carrier IQ diagnostic software, which possibly violated privacy rights.
In addition to questioning tech leaders, Franken demonstrates a willingness to actively participate in major issues. For example, Franken also urged the FCC to block approval of AT&T’s T-Mobile acquisition in a 24-page letter, along with other federal lawmakers, and he helped craft a bill that would force carriers to clearly define 4G use and require the FCC to monitor service speed.
With a broad approach to regulatory concerns over operation of mobile companies and user treatment, Franken proves he is intent on ensuring consumer privacy and fair treatment from their mobile companies. In the coming years, Franken is likely to continue to follow these issues and push for bill passage in relation to privacy, an issue that shows no signs of going away as smartphones sweep the country’s consumers.
The Consummate Politician
Name: Sen, Harry Reid (D., Nev.), Senate Majority Leader
Key Initiatives: Spectrum/Debt Ceiling, Cyber-attacks
The Democratic leader of the Senate advocated for spectrum auctions as part of a plan to lower the debt ceiling in 2011, pleasing U.S. carriers like Verizon and AT&T as well as the FCC. Limited spectrum is a mounting concern for the communications industry as more technology goes wireless, and Reid’s support seemed a friendly gesture, but not without political implications.
Spectrum auctions have potential to generate millions for the cash strapped government, but political infighting stalled Reid’s plan this summer. The congressional “super committee” reached political paralysis over multiple issues this fall, spectrum auctions were temporarily shelved and the legislation postponed.
Reid also worked on a bill to protect consumer data and regulate how the Department of Homeland Security uses and stores data as it scans for potential cyber-threats, annoying Republicans by setting ground rules for the government watchdog.
But Reid also proved he’s willing to stand against tech companies, joining a group of senators last spring to petition Apple, RIM, and Google to remove smartphone apps that provided the locations of DUI checkpoints and speed traps.
“Giving drunk drivers a free tool to evade checkpoints, putting innocent families and children at risk, is a matter of public concern,” said the senators in their letter. “We hope that you will give our request to remove these applications from your store immediate consideration.”
Reid’s ongoing support of spectrum auctions, which could help carriers as they build new LTE networks and generate money for the government in a tough economy. The ongoing race for 4G technology among the top four U.S. wireless carriers likely means Reid will play a major role in the future, perhaps as a conduit between the federal government, regulators and the tech industry. (Lorien Crow)
The Internet Cop
Name: Rep. Lamar Smith (R., Texas)
Key Initiatives: author of The Protecting Children from Internet Pornography Act, and anti-piracy bill SOPA
In addition to being a staunch supporter of the failed anti-piracy SOPA measure, aimed at ensuring copyright protection but assailed as too restrictive, Smith is now spearheading The Protecting Children from Internet Pornography Act, or H.R. 1981, which would require Internet providers to store and monitor personal information linked with IP addresses to help law enforcement track down child pornographers.
The bill sparked intense reaction, fueling the ongoing debate over how much online data the U.S. government should have access to. H.R. 1981’s opponents say such oversight paints every U.S. Internet user as guilty before committing a crime, and they express concern over how to protect such vast amounts of stored personal data in the event of a cyber security breach.
Republicans like Smith, however, feel harnessing the power of the Internet to monitor criminals benefits Americans more than harms them, empowering law enforcement with advanced new tools to catch deviants.
Smith’s dedication to advocate for the rights of government and police to access personal data from those suspected of committing a crime will likely continue, and with recent cases over GPS tracking making their way to the Supreme Court, Smith’s name could very well be associated with those emerging issues. (Lorien Crow)
The Cyber-Warrior
Name: Rep. Mike Rogers (R., Mich.), Chairman, House Permanent Select Committee on Intelligence
Key Initiatives: Reviewing Huawei Technologies and ZTE Corp to determine their possible connection to the Chinese government, backer of the Cyber-Intelligence Sharing and Protection Act of 2011
Rep. Mike Rogers is building a name as the champion for cyber security, with a special focus on protecting the U.S. from threats to Internet security originating in China.
Rogers headed an investigation into Huawei Technolgies and the ZTE Corp., companies suspected of espionage. The committee’s investigation pointed to the U.S. government’s increased attention on China’s potential economic spying.
“American businesses are under attack. Right now, countless hackers in China — many sponsored by the government — are actively trying to steal valuable intellectual property from U.S. Fortune 500 companies. Every day, China, Russia, Iran and others are blatantly stealing reams of information from U.S.-owned computers,” Rogers wrote in a Politico op-ed, highlighting his campaign to protect the U.S. from online foreign threats.
In addition to honing in on Chinese cyber-security threats, Rogers endorsed the Cyber Intelligence Sharing and Protection Act of 2011, which requires companies to provide confidential information about potential security threats. This act helps the government hunt down hackers, but raises concerns about government surveillance.
Rogers firmly supports measures to stop hackers, including increased government surveillance. He is likely to support new legislation introduced expanding the government’s access to Internet user data. (Kate Knibbs)
The Consumer/Voter Advocate
Name: Sen. Richard Blumenthal (D., Conn.)
Key Initiatives: authored the Personal Data Protection and Breach Accountability Act of 2011, and supported efforts for carriers to more clearly Define 4G
Blumenthal routinely advocates for transparency and accountability from wireless carriers, sometimes blurring the line between typical political party stances if it means standing up for U.S. consumers.
Last fall, he and a group of Democratic senators proposed the “Next Generation Wireless Disclosure Act,” requiring U.S. carriers to disclose details about services and products marketed as “4G,” including guaranteed minimum data speeds. The term, a buzzword in the technology world, is often confusing to consumers, and Blumenthal and his colleagues lobbied for clear definitions to better educate consumers. The bill also mandated the Federal Communications Commission to evaluate 4G service from the top ten wireless carriers in the U.S.
Carriers didn’t take kindly to the possibility for increased regulation, and worried more government oversight would slow the process of bringing new 4G technology to the public.
But Blumenthal advocated for the consumer, saying that as people “become more reliant on Internet capabilities from their mobile devices, it is essential that they have the most accurate and useful information about the products and plans they are purchasing.”
Blumenthal also presented the “Personal Data Protection and Breach Accountability Act of 2011,” intended to place the responsibility for better online data protection on companies that collect and store the data. The Senator criticized Sony for its handling of a security breach that compromised personal data from 77 million customers, calling the hack the “poster child of why we need this law.”
The Connecticut senator is likely to surface when confused consumers need answers about technology, or when their rights are in danger of being compromised by big business. Blumenthal is supportive of the tech industry as a whole, however, and will likely advocate for increased understanding between corporations and the public.
