Terry to Tackle Privacy, Data Security in 113th Congress
The House Commerce, Manufacturing and Trade Subcommittee’s next chairman, Lee Terry, R-Neb., said he plans to continue its focus on data security and privacy issues in the coming session of Congress. Terry told us the lack of consumer privacy protections on the Web is a “legitimate issue,” and he plans to hold briefings to discuss the role of Google and other Internet companies in the debate. Having made a name for himself as a strong opponent of FCC net neutrality rules, an advocate for the agency’s reform and supporter of spectrum reallocation, Terry will take over the subcommittee in January.
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Terry said data security is one issue that is “definitely going to be addressed” in the subcommittee’s agenda for the 113th Congress. He said he will continue on the path forged by his predecessor, outgoing Subcommittee Chairman Mary Bono Mack, R-Calif., who lost her bid for reelection. Bono Mack was the author of the SAFE Data Act (HR-2577), which aimed to curb data breaches and urge companies to safeguard consumers from online theft. Subcommittee staff members have “already gotten together and [discussed] what is left over from last year and that is going to be at the top of our list,” Terry said.
It is unclear how exactly Terry will address online privacy, a complex and multifaceted issue that House Republicans have been hesitant to tackle with legislation. Determining the best way to protect consumers’ privacy on the Web is a “legitimate issue,” said Terry. “Whether or not there needs to be additional privacy protections is a legitimate discussion,” he said. Few House Republicans stumped for legislation in the 112th Congress to strengthen online privacy protections for consumers, with the exception of Rep. Joe Barton, R-Texas, who co-sponsored the Do Not Track Kids Act (HR-1895). Last week, House Commerce Committee Chairman Fred Upton, R-Mich., told House appropriators that lawmakers are “in the process of examining this issue and have not yet taken a position” on the government’s role over online privacy protections. (See separate report below in this issue.)
Terry said he plans to use his oversight of the FTC to determine whether the agency has the constitutional authority to investigate companies like Google over antitrust allegations. The commission, in coordination with the Department of Justice, is investigating Google for alleged violations related to the company’s search business. But some House lawmakers have argued the commission lacks the authority to investigate antitrust violations and say the agency’s powers are limited by Section 5 of the FTC Act, which prohibits unfair and deceptive practices. “I am going to meet with [the FTC commissioners] so we are going to talk about those kinds of issues,” Terry said. “I want to get a good feel for what their jurisdiction is and how they are using that jurisdiction.”
Terry will continue his work to free up more spectrum for commercial use as a member of the House communications subcommittee, he said. “We're bullish on spectrum. I'd be glad to work with Fred [Upton and Communications Subcommittee Chairman Greg Walden, R-Ore.,] to make sure we keep pushing.” Terry said the majority members of the communications subcommittee will also dedicate some energy to reducing the costs of the FCC’s Lifeline and Link-Up telephone assistance programs. The cost to consumers “has more than tripled in five years. So we have to look at that,” he said. “We really haven’t had our meetings to start vetting through what 2013 will be like. But I can tell you those are two things that have been mentioned casually.”