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<b>Online Exclusive:</b> AOL Search Data Exposure Renews Interest in Data Warehousing Law

By ALM Staff | Law Journal Newsletters |
August 17, 2006

One of the U.S. House's leaders on telecommunications issues, Rep. Ed Markey (D-MA), recently renewed his effort to strengthen consumer privacy in the wake of AOL's sharing of customers' online data. Markey issued a call for the House to move forward on his data warehousing bill, H.R. 4731, the Eliminate Warehousing of Consumer Internet Data Act. The bill would require Internet companies to destroy obsolete electronic data, particularly data that could be used to individually identify consumers, 'when it is no longer necessary for the purpose for which it was collected or any other legitimate business pursuit,' or could be subject to a court order. The bill would instruct the Federal Trade Commission to create and enforce new standards for the maintenance and destruction of data, such as defining when information becomes 'obsolete.'

'In this digital information age, the personal data we hand over to dozens of Web sites are the keys which unlock the personal lives and valuable possessions of millions of Americans,' Markey said in a prepared statement. 'This stored-up data about consumers' Internet use should not be needlessly kept in perpetuity, inviting data thieves or fraudsters, or disclosure through judicial fishing expeditions.'

Since February, Markey's bill has been in the House Committee on Energy and Commerce, Subcommittee on Commerce, Trade and Consumer Protection. No other House members have said that they will make the bill a priority matter.

Among his other telecom and Internet legislative interests, Markey is well known on Capitol Hill for his advocacy of 'net neutrality,' which would regulate access to and pricing of Internet connections to require that phone and cable companies not favor certain access providers over others. Markey co-authored HR 5252 to seek to write net neutrality into law, but it was defeated in June. Markey also is author of H.R. 1078, 'The Social Security Number Protection Act,' which would protect consumers from the abuse of the purchase and sale of Social Security numbers.

One of the U.S. House's leaders on telecommunications issues, Rep. Ed Markey (D-MA), recently renewed his effort to strengthen consumer privacy in the wake of AOL's sharing of customers' online data. Markey issued a call for the House to move forward on his data warehousing bill, H.R. 4731, the Eliminate Warehousing of Consumer Internet Data Act. The bill would require Internet companies to destroy obsolete electronic data, particularly data that could be used to individually identify consumers, 'when it is no longer necessary for the purpose for which it was collected or any other legitimate business pursuit,' or could be subject to a court order. The bill would instruct the Federal Trade Commission to create and enforce new standards for the maintenance and destruction of data, such as defining when information becomes 'obsolete.'

'In this digital information age, the personal data we hand over to dozens of Web sites are the keys which unlock the personal lives and valuable possessions of millions of Americans,' Markey said in a prepared statement. 'This stored-up data about consumers' Internet use should not be needlessly kept in perpetuity, inviting data thieves or fraudsters, or disclosure through judicial fishing expeditions.'

Since February, Markey's bill has been in the House Committee on Energy and Commerce, Subcommittee on Commerce, Trade and Consumer Protection. No other House members have said that they will make the bill a priority matter.

Among his other telecom and Internet legislative interests, Markey is well known on Capitol Hill for his advocacy of 'net neutrality,' which would regulate access to and pricing of Internet connections to require that phone and cable companies not favor certain access providers over others. Markey co-authored HR 5252 to seek to write net neutrality into law, but it was defeated in June. Markey also is author of H.R. 1078, 'The Social Security Number Protection Act,' which would protect consumers from the abuse of the purchase and sale of Social Security numbers.
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