New Congress could act on tech, communications issues

Two areas in the technology and telecommunications space -- privacy and spectrum -- are emerging as the likeliest to see legislative action during the 112th Congress.

Ranking member of the Energy and Commerce Committee, Rep. Joe Barton, R-Texas, on Wednesday vowed to take action on Internet privacy.

"In the next Congress, the Energy and Commerce Committee and our subcommittees are going to put Internet privacy policies in the crosshairs," Barton said in a release. "I want the Internet economy to prosper, but it can't unless the people's right to privacy means more than a right to hear excuses after the damage is done."

Barton, a top contender to lead the Energy panel, is also a co-chairman of the committee's privacy caucus. His remarks came in the wake of concerns about third-party developers sharing Facebook user information.

Rep. Cliff Stearns, R-Fla., who is also a leading candidate to head the committee, told National Journal recently that he has been "actively dealing with privacy" issues and previously authored a data-security bill. That bill, introduced in the 109th Congress, was used as a model for Rep. Bobby Rush, D-Ill., who dropped similar measures in the last two sessions, according to a Hill aide.

Republicans will find support among Democrats to advance measures aiming to protect people's information online. Senate Judiciary Chairman Patrick Leahy, D-Vt., held a hearing in September to begin the process of reviewing the Electronic Communications Privacy Act, enacted in 1986, and has indicated that he will continue this work soon, possibly even during the lame-duck session.

Sen. Mark Pryor, D-Ark., chairman of the Senate Commerce panel's Consumer Protection Subcommittee, is working on legislation that would make it easier for consumers to exempt themselves from online monitoring and recommends creation of a "Do Not Track" list. The Federal Trade Commission has also floated the idea of creating a just such a list.

Whether concern about privacy will translate into a bill that can pass Congress is another matter.

"It's easy to care about privacy," but "hard to legislate," said one industry lobbyist.

With Congress facing mounting pressure to reduce the deficit, legislation that grants the FCC authority to conduct so-called "incentive auctions" for frequencies held by TV broadcasters, which could create billions in revenue without raising taxes or cutting spending, is likely to move in the next Congress.

"The reconciliation bills of '93, '97 and '05, all included spectrum auctions," said Colin Crowell, formerly a top adviser to FCC Chairman Julius Genachowski and longtime Hill aide. "As with previous major budget bills, it's most likely to pass in odd numbered years when election-sensitive issues can be overcome before campaign season gets into full swing."

Industry pressure for more spectrum, needed to power the rapid ascent of mobile broadband, is another reason such legislation could advance next year. Wireless companies, and the coalitions representing them, will lobby aggressively for it.