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Chronicles

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Senate Commerce Chair Maria Cantwell says she does not support the bipartisan privacy bill, a significant blow to long-stalled federal protections for user data

Senate Commerce Chair Maria Cantwell said she's not close to supporting a major proposal, dealing a significant blow to efforts to revive the long-stalled bill

Washington Post Cristiano Lima

Context & Ripple Effects

In early June 2022, House and Senate negotiators unveiled a bipartisan data privacy bill that would [[a:979552|let users opt out of targeted ads and sue internet companies that improperly sell their data]] — the closest Congress had come to a comprehensive federal framework. As Senate Commerce chair, Maria Cantwell controls whether any such bill reaches the floor, so her stated lack of support effectively halts it in her own committee.

First-order effects

  • The bipartisan bill loses its most plausible Senate path forward: without the Commerce chair's backing, it stays stalled rather than moving to a committee markup or floor vote.
  • House and Senate negotiators who built the opt-out-and-right-to-sue framework must now win over Cantwell or route around her committee, both of which her position forecloses for now.

Second-order effects

  • With no federal bill advancing, the burden of privacy protection stays on state legislatures and existing sectoral regulators, preserving the patchwork that internet companies selling user data currently navigate.
  • Cantwell's resistance sets up her own legislative lane — by April 2024 she had posted a draft American Privacy Rights Act with a data broker registry and consumer opt-outs, positioning her bill as the alternative to the one she declined to back.

Third-order effects

  • If committee chairs can indefinitely stall cross-party privacy deals, federal data protection becomes contingent on whichever proposal the Commerce chair personally sponsors — a structural bottleneck later reporting on how Cantwell undermined privacy negotiations for years suggests is durable.
  • The longer federal legislation stalls, the more state-level privacy laws harden into de facto national standards, raising compliance costs for internet companies and weakening the case-by-case leverage consumers would have had under a federal right to sue.

The trend: Federal privacy legislation keeps collapsing into a single gatekeeper's preferences, with each stalled bipartisan bill pushing real regulatory power further down to the states.

Discussion

  • @jduballreports Joe Duball on x
    All the good vibes on the #ADPPA shot down in one swoop via key reporting from @viaCristiano. Cantwell's opposition was known to a degree, but now it is clear as day that we're going to have a major hang-up in the Senate https://www.washingtonpost.com/ ...
  • @viacristiano Cristiano Lima on x
    Update: Here's what Schumer's office had to say about Cantwell's remarks on the 3 corners privacy bill https://www.washingtonpost.com/ ... w/@Cat_Zakrzewski https://twitter.com/...
  • @jedbracy Jed Bracy on x
    🚨 NEWS: Sen Cantwell throws cold water on proposed #ADPPA. “Chuck Schumer has already said there's no way they're bringing that bill up in the Senate, so they can come back to the table on something strong,” https://www.washingtonpost.com/ ...
  • @viacristiano Cristiano Lima on x
    New: Top Senate Democrat casts doubt on prospect of major data privacy bill https://www.washingtonpost.com/ ... w/ assist from @Cat_Zakrzewski
  • @viacristiano Cristiano Lima on x
    And it's not just Cantwell. Blumenthal, Wyden and Schatz have all expressed serious reservations. More here: https://www.washingtonpost.com/ ... https://twitter.com/...
  • @wbm312 Whitney Merrill on x
    The bill is too weak https://www.washingtonpost.com/ ...
  • @billmcgev William McGeveran on x
    Say it again: a federal privacy bill will not pass this year. The proposal still represents progress, but everybody calibrate your expectations. https://www.washingtonpost.com/ ...