How an “Opt-In” Privacy Regime Would Undermine the Internet Ecosystem

[Commentary] The BROWSER Act would establish affirmative consent (“opt in”) requirements for the collection and use of certain data, such as location and web browsing histories. In addition, the bill would restrict companies from conditioning access to their services on whether users choose to share their data. If adopted, these policies would be a disaster for Internet users and companies. First, obtaining consent is expensive. Second, requiring companies to obtain affirmative consent would make digital services less user-friendly without increasing privacy. Third, the bill requires providers to allow users to remove their data whenever they wish. Finally, the bill prohibits service providers from refusing to provide service as a “direct or indirect consequence of the refusal of a user to waive any such privacy rights.” Congress should reject this legislation, or any similar proposal that attempts to impose opt-in requirements on the digital economy.