Privacy advocates lost a friend last night when Rep. Richard Boucher, long-time Democrat of Virginia, got dumped. Boucher, who'd been in Congress since 1983, headed the Communications, Technology and the Internet Subcommittee in the House of Representatives. In May, he proposed sweeping online privacy legislation, something that consumer advocates had been begging for -- the last time Congress directly addressed the topic was The Privacy Act of 1974, and a few things have come up since then.
Boucher's proposal would force websites to disclose what information they collected about consumers and why, force deletion or anonymization of data after 18 months, made opting out easier, and added some additional restrictions on third-party data collectors. It was criticized by both sides. Privacy advocates said it didn't go far enough -- "This bill really adopts and endorses an archaic ... notice and consent regime that we know does not work," said John Simpson from Consumer Watchdog at the time. Meanwhile, marketers said it would be the end of the free Internet. But at least it was a formal stab at the critical issue, something Congress had been avoiding for years.
And Boucher published a "discussion draft" of the legislation a full two months before he planned to introduce the measure in Congress, allowing 60 days for industry groups and advocates to offer feedback.
The law was never introduced.
But privacy advocates can take heart: Republican Cliff Stearns co-sponsored the privacy bill, and he will likely assume to chairmanship of the Communications, Technology and the Internet Subcommittee. Meanwhile, another important privacy bill, known as the "Best Practices Act," remains in play, as sponsor Bobby Rush (D-Ill) was re-elected. His law would require Web users to opt in before their information is shared with third parties, though there are broad exceptions.
Meanwhile, Rep. Ed Markey (D-Mass.) is among the candidates who might replace Boucher as Democratic leader of the technology subcommittee. Markey has been perhaps Congress' most outspoken advocate for privacy rights in the past decade, and he currently chairs the Congressional Privacy Caucus.
And it's important to remember that privacy is often seen as an above-party-politics issue. Libertarians and lefties tend to agree on leave-me-alone privacy principles. And that privacy caucus, which makes a habit of sending demand letters to companies like Facebook and Google after every privacy "oops," is co-chaired by Texas Republican Joe Barton.
There is fear, of course, that the GOP wave might have closed the window for a new federal privacy law, at least for now, as Republicans might spike anything that sounds anti-business during the current cycle. As a result, you might see some new online privacy rules, but don't expect The Privacy Act of 2011, or 2012.
Catch Bob Sullivan most Tuesday and Friday in his Red Tape Chronicles column, connect with him on Facebook or follow him on Twitter at @RedTapeChron.