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United States Technology

Big Tech To Congress: Forget About Antitrust, Pass a Privacy Law (bloomberg.com) 54

Tech giants have a message for Congress: Stop pushing for antitrust laws, and pass privacy rules instead. Lobbying to stop a package of bills designed to curb internet giants' power reached a frenzy this week, as the window for major legislation before the midterms closes. A report notes: Two industry groups representing companies such as Meta Platforms and Alphabet held separate lobbying days to oppose the bills and promote a federal privacy law, among other industry goals. TechNet, one of the oldest tech interest groups, met virtually with 41 lawmakers, including Senate Majority Leader Chuck Schumer and House Speaker Nancy Pelosi. The group's president, Linda Moore, said TechNet argued that voters care more about addressing privacy issues than antitrust issues. "A lot of the interest around the competition bills is based on the collection and the use of data," Moore said. "Let's focus on that part." A federal privacy standard was proposed years ago, but has not been a focus for this Congress as lawmakers turned their attention to competition and content moderation issues. But as many states have passed their own privacy bills, companies and lawmakers have looked to codify a federal standard.
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Big Tech To Congress: Forget About Antitrust, Pass a Privacy Law

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  • Here's an idea: (Score:5, Insightful)

    by Anonymous Coward on Friday April 08, 2022 @10:46AM (#62428724)
    Do both.
    • So, the big tech companies that are doing everything they can to be monopolies are lobbying hard to stop laws to prevent monopolies.

      Is anybody surprised?

      The fact that they're lobbying so hard is good evidence that it's needed.

      • Re:No surprise (Score:4, Insightful)

        by doom ( 14564 ) <doom@kzsu.stanford.edu> on Friday April 08, 2022 @10:56AM (#62428766) Homepage Journal
        I think we should adopt a compromise position and do both.
      • Not exactly. It would be more accurate to say the bills are trying to redefine what counts as a monopoly, and while I'm not opposed to the idea in general, these politicians don't seem to have a fucking clue how any of it works. So what we'll end up with will either be ineffective or simply create a big mess, but will be paraded around for political points during elections regardless. Strong, unified privacy protections will benefit consumers and make it easier for companies of any size to comply, so in thi
        • (Strong, unified privacy protections will benefit consumers and make it easier for companies of any size to comply, so in this rare case I actually agree with Big Tech.) Do really think Congress is any better at understanding privacy than antitrust? Exactly the reason the Tech interests now suddenly SUPPORT privacy legislation is they are afraid that antitrust is a more dangerous topic for them. If by accident something useful did get passed in an antitrust bill, the fear it would be worse than if somethi
      • Honestly, the whole lobbying thing is bullshit to begin with. Basically, if somebody's willing to toss bribe money into the pot, you know damn good and well that their "requests" are either illegal, bad for the country, bad for the people, immoral or all of the above. What a joke.

    • Both, yes, Both is good.

    • by Tablizer ( 95088 )

      Bothificationism? Blaspheme!

    • Do both.

      Exactly. Two things can be true. We need to fix both problems separately -they may overlap, but are not the same problem.

      Lets enforce violations of the public trust: Anyone using their market power to the detriment of the public wellbeing. Great power = great responsibility... the larger and wealthier and more powerful the more responsibility to act for the public good. Enforced by the iron fist of the government (aka the will of the people). Allow the existing enforcement agencies to bring cases to

  • About time! (Score:2, Interesting)

    by evanh ( 627108 )

    20 years late!
    Better late than never!
    Amen to that!

    • Re: (Score:2, Insightful)

      by Anonymous Coward

      20 years late!

      20 years of corruption.

      Better late than never!

      Says the one who's probably still paying for Too Big To Fail.

      Amen to that!

      Greed, is the one who put taxes on par with death. Prayer won't help you now.

  • by OrangeTide ( 124937 ) on Friday April 08, 2022 @10:57AM (#62428770) Homepage Journal

    Says the companies that use anti-competitive practices to dominate their market.

    • how stupid do they think we are? My second thought was "very".
    • by AmiMoJo ( 196126 )

      It's interesting that they are pushing for privacy laws though, after all the howls of pain and suffering due to GDPR.

      My guess would be that they want to get ahead of any potential privacy restrictions, lobby like mad to make sure they right the rules, and then use them to put pressure on the EU to make GDPR compatible.

      Might also be some regulatory capture going on. Both Apple and Google are implementing new privacy enhancements that favour companies that users give their data to voluntarily, i.e. themselve

      • I'm at a US company but we have customers and employees all over the world. We spent some time training staff up and changing processes to comply with GDPR. Things are still chugging along as they always have. The initial pain is over and I doubt any new GDPR-like legislation in the US would be all that burdensome now.

        Might also be some regulatory capture going on.

        I think this is a big part of the effort. I've already seen instances of new business programs that revolved around GDPR compliance.

        And using public support of privacy as a bargaining chip for

        • Didn't the supreme court strike down the laws when a state tried to restrict video game sales to minors? They're pretty self regulating cause of this free speech thing.
          • The Comics Code Authority (CCA) [wikipedia.org] was formed in 1954 by the Comics Magazine Association of America as an alternative to government regulation.
            Motion Picture Production Code or "Hays" Code [wikipedia.org] was a self-regulation board created by the film industry to offer to state legislatures as an alternative to the hundreds of differing state decency laws that could block showing of films.

            The Supreme Court has radically altered their views on the First Amendment throughout the 20th century, usually for the better. I think it

      • Simpler explanation. Privacy laws benefit big companies that can afford compliance costs and disadvantage smaller competitors.

      • The tougher privacy laws work in their favor, because Google or Facebook can afford the necessary lawyers and auditors to enforce them throughout their organization.

        It just becomes an additional barrier of entry for new social media startups, who would now need to spend $,$$$,$$$ to be "Certified" for whatever new government privacy regulations the government comes up with. Bonus points if the EU and US come up with competing standards, requiring even more regulatory busy work to be done!

  • There's your translation, for those of you who don't speak bullshit.
  • Why not both? (Score:4, Insightful)

    by thegarbz ( 1787294 ) on Friday April 08, 2022 @11:02AM (#62428796)
  • Is when they start begging for regulation. When they get to this stage they are no longer interested in competing they are only interested in controlling the market.

  • Political backlash (Score:4, Interesting)

    by cowdung ( 702933 ) on Friday April 08, 2022 @11:12AM (#62428842)

    The current focus on "reigning in the 'Tech Giants'" is not about anti-competitive practices or fake new or anything. It's about taking revenge against tech companies who fell into the trap of becoming content arbitrars and running afoul with political groups who are in bed with mainstream "news" companies that spread misinformation and lies.

    Keep the focus on the "Tech Giants" and away from the "News" channels that openly lie and misinform and politically manipulate the populace.

    This is payback for censoring political figures.

    They shouldn't have fallen in the trap.

    • by mmell ( 832646 )
      You're right. We should make the political figures pay for this debacle. How bad do you have to be when even big business doesn't want to make money off you?
  • Anti Trust and Privacy Laws do completely different things. Saying "Do a privacy law instead" is like saying "install breaks on cars instead of seat belts"). While there might be some overlap in the applications they're very different and you definitely want both.
  • by Registered Coward v2 ( 447531 ) on Friday April 08, 2022 @11:15AM (#62428852)

    A strong federal law, modeled after the EU's, would be a good thing. However, a watered down one with less restrictions preempting state laws would be bad, and big tech has the money to push for such a law. A Federal law could say "no state make may a law prohibiting the collection of ... or requiring..." and effectively roll back protections. Companies pushing for Federal action usually has a goal that may be different than what it seems to accomplish.

    If a big tech company complies with the most stringent requirements in each state law they can avoid trouble; and can afford lawyers to figure out what is compliant.

    • Yes, absolutely, do model it after EU's privacy law. I simply can't express in mere words how much better my life is now that EU is protecting my privacy. I always dreamed of being forced to click "Yes, I agree to have my privacy raped" on a full-page content-hiding banner, on every webpage I visit, before I actually read anything. And before you go nitpicking, YES, there is also the button "No, I want to spend the next 10 minutes clicking through a settings page, disabling every tracker one-by-one". For so
      • Yes, absolutely, do model it after EU's privacy law. I simply can't express in mere words how much better my life is now that EU is protecting my privacy. I always dreamed of being forced to click "Yes, I agree to have my privacy raped" on a full-page content-hiding banner, on every webpage I visit, before I actually read anything. And before you go nitpicking, YES, there is also the button "No, I want to spend the next 10 minutes clicking through a settings page, disabling every tracker one-by-one". For some reason it's not popular, I wonder why. That's soo much better than just using adblock! THANK YOU, EU!

        Most of teh sites I go to have a settings on teh landing page and a reject all button; once clik and done. No more cliks after that; and if taht's teh price to ay for EU privacy laws I am happy to pay it.

  • We can do both, you obtuse, GREEDY GARBAGE.

    That is all
  • Give 'em their own. We can't call it "Truth Social", that's already taken (and ruined). We can call the thing something like "US Social Network".gov, or something similarly unexciting. Structure it so that only duly registered elected officials can make front-page posts there. Make it plain that this is NOT a free outlet for citizens to exercise free speech, it's an official function of the US Government a vaguely two-way information conduit between our government and the citizenry. Politicians can pub
    • Make it plain that this is NOT a free outlet for citizens to exercise free speech, it's an official function of the US Government

      Creating a public forum owned by the government is absolutely a place where you'd have to allow the exercise of free speech.

      And then you have a massively expensive taxpayer-funded moderation system on top of that. Where any wrongly moderated post could lead to a court case.

      And who are you going to allow to create an account? Are you going to collect tracking information directly to enable 2FA and geofence it to US citizens?

      Everything about what you're saying is worse than what we have. So why do it?

      • And let's not forget that this would get handed off to the lowest bidder to create. When launched, it will crash daily and the costs to create the web site will somehow exceed $1 billion.

  • funded by big $$$.

  • by schwit1 ( 797399 ) on Friday April 08, 2022 @12:58PM (#62429148)

    There is no private right of action for consumers. Instead, the Virginia Attorney General will have exclusive authority to enforce violations. Violators will have a 30-day period to cure infractions, after which the Attorney General can seek damages of up to $7,500 per violation.

    That's it. It has no teeth because Amazon wrote it. This is what BigTech wants federally to supersede state laws.

  • by ChrisC1234 ( 953285 ) on Friday April 08, 2022 @01:17PM (#62429228) Homepage

    Yeah, if the tech companies get broken up, they have more competition and things actually have to change. But if Congress writes privacy laws (written by the lobbyists employed by the tech companies), the tech companies can continue business as usual.

  • Antitrust laws please. Privacy laws probably unconstitutional so why bother.
  • ... not been a focus for this Congress ...

    When "Deceive, Inveigle, Obfuscate" doesn't work, change the subject or move the goalposts.

    ... many states have passed their own privacy bills ...

    What the corporation really means: We want to bribe one federal department, not 50 state departments. Also, it's much easier to implement one watered-down rule. When there are 50 rules covering one task, the corporation has to enforce the most restrictive (to itself) rule in every state.

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