[Congressional Record Volume 142, Number 92 (Thursday, June 20, 1996)]
[Extensions of Remarks]
[Pages E1145-E1146]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COMMUNICATIONS PRIVACY AND CONSUMER EMPOWERMENT ACT
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HON. EDWARD J. MARKEY
of massachusetts
in the house of representatives
Thursday, June 20, 1996
Mr. MARKEY. Mr. Speaker, I rise to introduce the ``Communications
Privacy and Consumer Empowerment Act. The issue of privacy in the
information age and in particular, children's privacy protection, is
quite timely as the Nation becomes ever more linked by communications
networks, such as the Internet. It is important that we tackle these
issues now before we travel down the information superhighway too far
and realize perhaps we've made a wrong turn.
Thomas Mann once said, ``A great truth is a truth whose opposite is
also a great truth.''
The great truth of the Information Age is that the wire--and I use
the term ``wire'' as shorthand for any telecommunications
infrastructure such as phone, cable, computer, or wireless networks--
the wondrous wire that brings new services to homes, businesses, and
schools will have a certain Dickensian quality to it: It will be the
best of wires and the worst of wires.
It can uplift society as well as debase it. It can allow people to
telecommute to work and obtain distance learning classes. New digital
technologies and other innovations allow corporations to become more
efficient workers more productive, and businesses to conduct commerce
almost effortlessly in digital dollars.
This same technology however, will avail corporate America of the
opportunity to track the clickstream of a citizen of the Net, to sneak
corporate hands into a personal information cookie jar and use this
database to compile sophisticated, highly personal consumer profiles of
people's hobbies, buying habits, financial information, health
information, who they contact or converse with, when and for how long.
In short, that wondrous wire may also allow digital desperadoes to roam
the electronic frontier unchecked by any high technology sheriff or
adherence to any code of electronic ethics.
It is this issue of hijacking personal information that we are
concerned about and we are obviously concerned when kids are the
target.
The issue of child and adult privacy in an electronic environment,
must find its ultimate solution in a carefully conceived and crafted
combination of technology, industry action, government oversight or
regulation.
Without question, the issues posed by advances in digital
communications technology are tremendously complex. Again, how best to
protect kids is a complex issue. How to put teeth into privacy
protections is also important to figure out. What may have worked for
privacy protection or parental empowerment in the phone or cable or TV
industry may not adequately serve as a model when these technologies
converge. Therefore I believe we must pursue other alternatives.
We must recognize that children's privacy is a subset of a parent's
privacy rights. The bill I am introducing today is premised on the
belief that regardless of the technology that consumers use, their
privacy rights and expectations remain a constant. Whether they are
using a phone, a TV clicker, a satellite dish, or a modem, every
consumer should enjoy a Privacy Bill of Rights for the Information Age.
These core rights are embodied in a proposal I have advocated for many
years and I call it ``Knowledge, Notice and No.''
In short, consumers and parents should get the following three basic
rights:
First, knowledge that information is being collected about them. This
is very important because digital technologies increasingly allow
people to electronically glean personal information about users
surreptitiously. I would note here that many Internet browsers, for
example, use ``cookies''--a technology that can identify and tag an
online user--unbeknownst to the user--and keep track of what Web sites
a person visits.
Second, adequate and conspicuous notice that any personal information
collected is intended by the recipient for reuse or sale.
Third, and, the right of a consumer to say ``no'' and to curtail or
prohibit such reuse or sale of their personal information.
The National Telecommunications and Information Administration [NTIA]
has been actively studying how to safeguard telecommunications-related
personal information. ``Privacy and the NII,'' an analysis completed by
NTIA in October of 1995, documented a number of areas where personal
privacy protections varied depending upon which network carrier
provided a telecommunications service. For example, the Cable Act
requires cable operators to notify subscribers at the time of
subscription of the operator's information practices and generally
prohibits an operator from disclosure of personal data. Such
protections, however do not extend to video services offered by DBS
providers or wireless cable operators. Under the legislation I am
introducing today, the FCC will be tasked with harmonizing the privacy
protections across board so that strong, tough privacy policies exist
regardless of the technology that a consumer uses to obtain a service.
The bill is structured in a way that will first ascertain whether
there are technological tools that can empower consumers and parents.
[[Page E1146]]
The bill also requests the agencies to determine if there are industry
standards and practices that embody this electronic Privacy Bill of
Rights. Where technological tools don't exist, or where a particular
industry refuses to embrace this code of electronic ethics in a way
that solves the problem, then the Government is obliged to step in and
reinforce protection of privacy rights.
I implore the industry to act swiftly because the current situation
is utterly unsustainable. The same libertarian quality that has
stimulated such rapid growth of the Internet gravely threatens to
cripple its promise. It is chaotic, free, and open, but has spawned an
exponential increase in commercial voyeurism that is tearing privacy
rights asunder. While Jack Kerouac would have a fine time joyriding
from site to site on the World Wide Web, I believe that many, many
citizens of the Net would be particularly troubled to find that their
personal data--their usage of the World Wide Web itself--can be and is
being tracked. At risk is consumer confidence in the medium. When
consumer confidence plummets so will economic activity on the Internet.
My legislation will establish ``Knowledge, Notice, and No'' as the
goal and will require Government action where the technology or the
industry fail to adequately protect consumers and kids.
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