Resolution Regarding Online Consumer Privacy Protections
WHEREAS, the laws governing consumer privacy protections online are outdated and need to be modernized so that there is meaningful enforcement in the present-day Internet landscape; and
WHEREAS, the current laws only cover some forms of communication under one law in one government agency and other kinds of communication under different laws administered by a different federal agency; and
WHEREAS, without meaningful online privacy protections for consumers, the new innovative technologies may go underutilized. What Consumers don't need is more confusion and bureaucracy, but rather the confidence that comes from knowing there is a simple process that can effectively deal with bad actors who misuse or access sensitive information about them online without their appropriate consent; and
WHEREAS, Congress needs to establish a new online privacy framework based on four key consumer-centric principles-simplicity, flexibility, effective enforcement and lack of harm; and
WHEREAS, Congress should provide consumers with a simple, one-stop, seamless process, within a single regulatory agency. This is best suited for an agency that already has the most expertise on online privacy and enforcement issues. Similarly, consumers should know that all their private data shared online will have a common place to remedy grievances, regardless of the type of entity that has their data; and
WHEREAS, Congress should create a "one-stop shop" for e-commerce consumer-privacy complaints in the federal government. The Federal Trade Commission ("FTC"), not the Federal Communications Commission, can best ensure that a privacy framework applies equally to all relevant entities, both because the FTC has jurisdiction over the entire Internet ecosystem and because the FTC has much more experience with the Internet as a whole; and
WHEREAS, Congress should adopt a framework that is technology neutral and ensures that consumers receive the same privacy protections across the board-without regard to the type of technology or the kind of company that is collecting the data; and
WHEREAS, Congress should adopt a framework that recognizes and avoids a one-size-fits-all approach. Consumers understand that all information is not the same and know that not all information has the same level of privacy or sensitivity; and
WHEREAS, Congress should establish clear and basic principles of online privacy protection. But, in a rapidly-changing and innovative world, with new devices, apps, software and networks being delivered to consumers all the time, business can be more effective at understanding in the first instance how new products fit under broad online privacy principles; and
WHEREAS, Congress should take a "do not harm" approach to online consumer privacy protections. Overly detailed, prescriptive rules tend to quickly become obsolete - and worse, lead to unintended negative consequences that may ultimately stifle innovation, investment and delay expansion of new technologies. Any of these negative consequences can hobble the American economy at a delicate time and in the end harm consumers privacy as well; and
WHEREAS, this resolution is intended to address the consumer privacy in an online environment and is not intended to address the privacy issues that arise with the sharing of electronic personal health information by health care system entities like physicians and others providers, hospitals and other health care institutions, and health insurers and plans; now
THEREFORE BE IT RESOLVED, the National Foundation for Women Legislators' (NFWL) National Policy Committee on Business, Housing & Economic Development urges Congress to establish the above framework for online consumer privacy protections; and
BE IT FINALLY RESOLVED, that this Committee send a copy of this resolution to the President of the United States, members of Congress, members of the Federal Communications Commission, Members of the Federal Trade Commission, Members of the Federal Trade Commission, and State Legislatures and Regulatory agencies.