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IA, IAB Potential Witnesses

Wicker Expects Consumer, Industry, Legal Experts at Privacy Hearing 

Expect to hear from consumer groups, industry and privacy law experts at the Feb. 27 data privacy hearing (see 1902080051), Senate Commerce Committee Chairman Roger Wicker, R-Miss., told us. A tech lobbyist and two industry officials said the committee is considering the Internet Association and the Interactive Advertising Bureau for testimony. The industry people said a potential third witness is former FTC Chairman Jon Leibowitz, part of a group that discussed privacy with committee members in January (see 1901240036). The committee hasn't confirmed witnesses, a spokesperson said Tuesday.

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Asked if IA will testify, Wicker said the trade group would “certainly be the type of interested party that we should hear from.” He and ranking member Maria Cantwell, D-Wash., are “close to having a [witness] list,” Wicker said. IA, IAB and Leibowitz didn’t comment.

Another privacy hearing will be useful now that the committee’s privacy working group has bill language, said Sen. Jerry Moran, R-Kan., of his collaboration with Wicker, Sen. Brian Schatz, D-Hawaii, and Sen. Richard Blumenthal, D-Conn. Moran also hopes for at least one hearing before the Consumer Protection Subcommittee, which he chairs. Bill language can be adjusted informally, but public discussion is valuable for all members, Moran said. Blumenthal told us he will have some suggestions for “knowledgeable” witnesses.

Senate Judiciary Chairman Lindsey Graham, R-S.C., told us he would like to speak with Wicker about a potential task force (see 1902060053) on content moderation and other issues, though he noted Senate Commerce has primary jurisdiction over privacy. A Judiciary-Commerce collaboration would provide a “holistic approach,” Graham said.

The Commerce working group is “making fine progress,” Wicker told us. “We view data privacy as our assignment, and we’re acting accordingly.” Wicker suggested Graham and his committee have “their hands full” with other issues.

I think Lindsey is serious about holding [tech-related] hearings, and everybody’s ready to get moving,” Sen. John Kennedy, R-La., told us. “I’d hate to see us do it in the sense that I’m for fewer regulations, not more.” All Senate members want to weigh in on the privacy issue, not just Commerce and Judiciary, Kennedy said.

Asked if she’s getting involved in legislative discussions with the Commerce working group, Cantwell said, “Oh yeah, absolutely.” Typically, the most difficult issues are resolved at the end of these types of negotiations, Moran said.

Schatz told reporters he’s looking forward to hearing from privacy experts. “We’ve heard enough from tech executives. … It becomes a spectacle where their fame and notoriety becomes the question. Their personal performance at the dais becomes the news of the day.” Rehashing frustration about the tech industry, allowing tech and telecom groups to “fight” and arguing about European law doesn’t “advance this conversation,” he said. Schatz suggested lawmakers decide “what American principles can protect American privacy.” He also urged support for his privacy bill (see 1812120036), which gained 14 Democratic co-sponsors last term.