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House Communications to Get Legislative Recommendations at CPNI Hearing

Former FCC Commissioner Robert McDowell, Technology & Democracy Project-Discovery Institute Director Hance Haney and Georgetown Law Center on Privacy and Technology Deputy Director Laura Moy are expected to offer their visions at Wednesday's House Communications Subcommittee hearing on how Congress…

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should shape privacy legislation to adapt to how technology updates since the 1996 Telecom Act changed access to customer proprietary network information. Congress should “examine a modernized and harmonized privacy framework that is technology neutral and which focuses on the sensitivity of the data versus the type of entity holding the data,” McDowell, Hudson Institute senior fellow, says in written testimony. Haney called for privacy legislation that strives for “technological and competitive neutrality,” with protections “calibrated according to the sensitivity of the information at issue in recognition of the fact that there are transaction costs associated with consumer consent systems.” Regulation should “reflect the practical reality that it is difficult to make predictions about how the market will evolve and at what pace,” Haney says. Moy likewise said there shouldn't be a “one-size-fits-all approach” to privacy in any legislation, making recommendations for changing enforcement authority of any federal agency charged with protection data privacy and security, including the FCC and FTC. New legislation “should not eliminate existing protections,” she said. “Americans are asking for more protections for their private information.” The hearing is set to begin at 10:15 a.m. in 2322 Rayburn (see 1807030041 and 1807090015).