What Should Privacy Legislation Do?

Amid all of the legislative disfunction from Congress, a consensus of sorts is emerging on the need for privacy legislation. Between European pressure, data breaches, and scandals associated with social media manipulation by foreign actors, the idea of some kind of comprehensive privacy legislation has gone mainstream over the last couple of years.

But while people agree over the idea of privacy legislation in theory, the substance of that legislation (that is, what a privacy bill would actually do) is fiercely contested. To explore these competing visions of what we're trying to do when we talk about comprehensive privacy legislation, Benjamin Wittes moderated a live panel discussion in the Falk Auditorium at the Brookings Institution, with David Hoffman, associate general counsel and global privacy officer at Intel Corporation; Sally Greenberg, executive director of the National Consumers League; Cam Kerry, distinguished visiting fellow at Brookings and former general counsel and acting secretary of the U.S. Department of Commerce during the Obama administration; and Lydia Parnes, partner at Wilson Sonsini, where she chairs the privacy and cybersecurity practice, and former director of the Bureau of Consumer Protection at the FTC.

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