Tech-savvy President Barack Obama and increasing numbers of Congressional policymakers are using blogs, Twitter, Facebook and other communication tools to reach constituents and campaign supporters. Bringing a group of policymakers famed for their steeped tradition—and mountains of undigitized paperwork—into the digital age, certainly adds greater accessibility and transparency to the inner workings of government. It also heightens the awareness that policymakers have about the relatively unregulated internet, an awareness that is applauded by some and cause for deep concern by others.
Congressional committees have staffed up on experts in telecommunications policy and RILA expects that a wide range of issues from data security to privacy will be debated this year and next. If the 2007-2008 legislative session is any indication, we will see hearings and legislation introduced to tackle such issues a behavioral advertising and data breach notification. One of the first policies that could be considered is one that would give President Obama the power to “order the disconnection of any Federal government or United States critical infrastructure information systems or networks in the interest of national security.”
S. 778, a bipartisan bill introduced on April 1 by Senate Commerce Committee Chairman Jay Rockefeller (D-WV), would establish a new Office of National Cybersecurity Advisor, or “internet czar,” in the White House and require the president to craft a comprehensive national security strategy 12 months after bill passage. The legislation is still pending committee consideration, but has already received mixed reviews. Internet service providers and some consumer groups worry that the internet czar could order private companies to block certain legitimate traffic while national security organizations hail the bill as long overdue to protect against cyberthreats. Rockefeller says he would like to pass legislation that specifically addresses the threat to essential private sector infrastructure such as banking, utilities, transportation traffic control and telecommunications, and is open to comments from supporters and opponents alike.
Either way the bill is sliced, one thing is clear: S. 778 attempts to address the issue of cyber security with a broad brush. This is a pattern that retailers have witnessed in other variations of privacy and data security legislation and RILA does not expect this to change in the near future. It is a good thing that retailers and policymakers alike are embracing technology to reach targeted consumers who want to hear from us, but we remain wary of bills that use broad strokes which could limit harmless communications. A proper balance of security and commerce can be achieved and we will weigh in with policymakers where appropriate.
Members interested in receiving updates on legislative happenings in the areas of privacy and data security are welcome to joing RILA's Privacy and Data Security Legislative Task Force. Contact Meredith Butler, government affairs coordinator, at meredith.butler@rila.org.