The tech industry should throw its full support behind Bay Area Congressman Ro Khanna’s Internet Bill of Rights proposal, which would end the United States’ distinction as the only major developed nation without fundamental online user protections.
The beauty of Khanna’s proposal is that it walks the tightrope of protecting consumers’ basic rights without damaging the tech industry’s ability to innovate. Khanna sought input from dozens of consumer groups and tech companies before making his proposal public last month. The initial response offers reason for optimism. It’s generating widespread support from consumer advocates and such tech luminaries as Apple CEO Tim Cook and Tim Berners-Lee, inventor of the World Wide Web.
Getting anything — especially legislation emanating from California — passed through Congress and signed by the president won’t be easy. But this issue offers an opportunity for bipartisan compromise that would benefit both business and consumers.
The need is greater than ever before. Four years ago this newspaper editorialized that consumer confidence in tech products was falling at alarming rates around the world and that it was urgent that the tech industry work with the federal government on fundamental online user protections.
That didn’t happen. Today, some of Silicon Valley’s giants are being properly chastised for a multitude of sins. They have a lot of work to do if they hope to win back the nation’s trust.
Khanna’s 10-point proposal includes these basic rights:
1) To have access to and knowledge of all collection and uses of personal data by companies;
2) To have opt-in consent to the collection of personal data by any party and to the sharing of personal data with a third party;
3) Where context appropriate and with a fair process, to obtain, correct, or delete personal data controlled by any company and to have those requests honored by third parties;
4) To have personal data secured and to be notified in a timely manner when a security breach or unauthorized access of personal data is discovered;
5) To move all personal data from one network to the next;
6) To access and use the internet without internet service providers blocking, throttling, engaging in paid prioritization, or otherwise unfairly favoring content, applications, services, or devices.
7) To have internet service without the collection of data that is unnecessary for providing the requested service absent opt-in consent;
8) To have access to multiple viable, affordable internet platforms, services, and providers with clear and transparent pricing;
9) Not to be unfairly discriminated against or exploited based on your personal data;
10) To have an entity that collects your personal data have reasonable business practices and accountability to protect your privacy.
How these principles would be implemented remains a work in progress. The details matter. But the general approach would go a long way to setting standards that will ease the mind of consumers and help guide industry as new products emerge.
Democrats’ gaining control of the House should raise the profile of the proposal. It was the likely new House Speaker Nancy Pelosi who asked Khanna to create the proposal. He will need the support of other Bay Area members with tech expertise to help guide it through Congress. Any legislation would first need to pass the House Energy and Commerce Committee, where Palo Alto Democrat Anna Eshoo’s presence will be invaluable. San Jose Democrat Zoe Lofgren’s leadership on the House Judiciary Committee will also be critical.
It’s crucial that the tech industry restore public trust in its products. The first step in that direction is getting behind the effort to finalize a strong Internet Bill of Rights.
