A new bill by Senators Richard Blumenthal (D-CT) and Ed Markey (D-MA) would impose new significant restrictions on the collection of data by Facebook and other online services. Known as the Consent Law (abbreviation of Client's Online Notification to Stop Network Transgressions from Edge Providers), the law requires the explicit consent of users to use, share or sell any personal information, as well as clear notification every Once data is collected, shared or used. The bill would also add new security requirements and non-compliance with reports.
Fundamentally, the CONSENT Law is based on the Federal Trade Commission to enforce violations of these new rules. If the bill is passed, the result would be a significant expansion of the commission's power and role in online advertising more broadly. The commission is expected to take action against Facebook in response to a 2011 consent decree, which many believe the Cambridge Analytica data collection may have violated.
Senator Blumenthal faced Mark Zuckerberg over the apparent violation of the consent decree during the testimony of the chief executive before the Senate Judiciary and Commerce committees today.
"Does that [thisisyourdigitallife] term of service not conflict with the FTC order that Facebook had at that time?", Blumenthal asked Zuckerberg, after presenting the language of the application that was finally used to collect data for Cambridge Analytica . "Is not there a conflict there?"
"It certainly looks like we should have been aware that this application developer presented a term that was in conflict with the rules of the platform," Zuckerberg replied.
"What happened here was, in effect, deliberate blindness," Blumenthal continued. "It was careless and reckless, which in fact amounted to a violation of the consent decree of the FTC." Do you agree?"
"No senator, my understanding is not that this was a violation of the consent decree," he said. "But as I've said several times today, I think we should have a broader view of our responsibility for privacy than what the current law establishes."