[Congressional Record Volume 144, Number 135 (Thursday, October 1, 1998)]
[Extensions of Remarks]
[Page E1861]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   INTRODUCTION OF THE ELECTRONIC PRIVACY BILL OF RIGHTS ACT OF 1998

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                         HON. EDWARD J. MARKEY

                            of massachusetts

                    in the house of representatives

                       Thursday, October 1, 1998

  Mr. MARKEY. Mr. Speaker, I rise to introduce the ``Electronic Privacy 
Bill of Rights Act of 1998'' This 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.
  The legislation I am introducing today picks up on the excellent work 
of the Federal Trade Commission in its investigation of the privacy 
practices prevalent on the Web and in particular children's privacy 
practices. The legislation contains children's privacy protections 
similar to those contained in a Senate bill offered by Senator Bryan 
(D-NV)--as well as provisions that pertain to adult privacy that are 
contained in my previous privacy legislation (H.R. 1964). These are 
critical issues for the growth of electronic commerce and I hope that 
we can legislate on these issues yet this Congress.
  Mr. Speaker, the issues 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 in a manner that puts real teeth into privacy protections 
must be addressed for the Internet to grow as a commercial medium. 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 
creative alternatives.
  Mr. Speaker, I believe that 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 ought to remain a 
constant. Although the bill deals in detail with Websites with respect 
to children's privacy, ultimately I believe that in the era of 
convergence we will need to harmonize rules across media. Whether 
consumers 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.'' I 
hope to work with all of my colleagues in the House as we proceed in 
this important public policy area to instill the values of privacy and 
security in our communications marketplace.
  In short, I believe the Congress ought to embrace a comprehensive 
policy whereby consumers and parents get the following 3 basic rights:
  (1) 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.
  (2) Adequate and conspicuous notice that any personal information 
collected is intended by the recipient for reuse or sale, or 
conversely, to allow consumers to give notice electronically to 
indicate the particular privacy preferences of the consumer.
  And, (3) the right of a consumer to say ``no'' and to curtail or 
prohibit such reuse or sale of their personal information.
  In addition to the children's privacy provisions, the bill is 
structured so that in Title II the FCC and the FTC ascertain whether 
there are technological tools that can empower consumers and parents 
before taking additional action to protect the public. The bill also 
requests the agencies specifically 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.
  Again, I look forward to working with my colleagues in the House on 
important children's privacy issues this session and on other areas of 
online privacy as the debate moves forward.

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