Chairman Barton Planning Privacy Push in Lame Duck?

November 14, 2006

We have learned from the trade press that outgoing House Energy and Commerce Chairman Joe Barton (R-TX) plans to make a push to pass three privacy bills in the lame duck session.  Apparently, it's Chairman Barton's plan to make these bills a part of his drive to be the House Minority Leader in the 110^th Congress.

Chairman Barton has long been an advocate for stronger privacy regulations, including support for an "opt-in" standard for personally identifiable information.  As he said in his statement announcing his intention to run for the position of Republican leader:

"It also seems clear that Americans are fed up with our tip-toe-through-the-corporate-tulips approach to personal privacy. It is time to put the privacy of the people ahead of the needs of business. On the wall of my office is a sign that every visitor notices. It says, 'Fear God, Tell the Truth, Make a Profit.' Protecting privacy is about truth, not profit. I believe strongly in both, but truth-telling comes ahead of profit-making for a reason."

The three bills are:

• H.R. 29, the Securely Protect Yourself Against Cyber Trespass Act (Spy Act):  This bill would, among other things, make it unlawful to install "spyware" and collect personal information without notice to and consent of the user. 
• H.R. 4127, the Data Accountability and Trust Act:  This bill requires companies to establish procedures for protecting data and notifying consumers in the event of a security breach.  It also limits enforcement to the Federal Trade Commission and state attorneys general. 
• H.R. 4843, the Prevention of Fraudulent Access to Phone Records:  This bill would prohibit "pretexting," or acquiring a person's phone records under false pretenses.  Other versions of pretexting bills would prohibit the creation of directories of mobile telephone numbers. 

Neither H.R. 4127 nor H.R. 4843 has been scheduled for floor consideration yet.  Additionally, H.R. 29 has already passed the House and awaits Senate approval.  It is not clear whether the Senate would be inclined to take up any of these bills.  We will continue to monitor action in the House, however, and will report back if we hear any additional information. 

If you have any questions, you can contact Dan Jaffe at 202-296-2359 or at djaffe@ana.net.