CDT Recommends Rewrite For Boucher Privacy Bill

The Center for Democracy and Technology says a privacy bill floated by Rep Rick Boucher (D-VA) should be revised to include a broadband set of "fair information practices." "While CDT generally agrees with the draft's basic framework for notice and choice, including its opt-in and opt-out structure, we are concerned that the strong reliance on consent places the entire burden for privacy protection on consumers," the group says in written comments.

Among other fair information practices, CDT recommends that privacy legislation should involve a requirement that collectors glean only what they need for particular purposes. CDT appears to be offering politicians a middle ground -- one that they might find more appealing than either scrapping the bill or requiring all companies to obtain users' explicit consent to online tracking. In addition to the recommendation that the bill incorporate fair information principles, CDT is urging the lawmakers to delegate more decisions about online privacy to the Federal Trade Commission. For instance, the group recommends that the bill include a provision granting the FTC the power to formulate the wording of notices that companies should give consumers about online tracking and targeting.

CDT also is urging a "safe harbor" for companies who comply with industry-approved standards. "We believe that a carefully crafted safe harbor framework, giving industries or industry segments flexibility to develop tailored privacy solutions with FTC oversight, is the best way to accommodate differences between industries," the organization writes.