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DMA Politically Direct (Summer 2008): Happening on the Hill

August 27, 2008 — The following is a brief overview of recent legislative activity in the United States Senate and House of Representatives. 

 

For additional information on issues, both in Washington, DC and the states, as well as DMA’s government affairs work, please visit www.the-dma.org/government or contact Tim Donovan at tjdonovan@the-dma.org  or 202.861.2405.

 

 

Bill Name

Summary /

Impact on Marketers

DMA Position

Status

FTC

 

S. 2831

Reauthorizes the Federal Trade Commission (FTC) and increases its powers.

 

DMA is opposed to granting FTC broader rulemaking authority.

Referred to Senate Commerce Committee.

Internet Safety

 

H.R. 3461

Establishes a public awareness campaign regarding Internet safety.

DMA supports the increased awareness of safe Internet use.

H.R. 3461 passed the House on November 13, 2007, and has been referred to Senate Commerce Committee.

 


Internet Sales Tax

 

S. 34

S. 1726

H.R. 3396

Require the collection of sales tax for all remote purchases (e.g., online and mail-order catalog).  Would force businesses to collect and remit sales taxes for each of the US’s 7,600 tax jurisdictions, regardless of the business’ location.

 

DMA strongly opposes such proposals, as they create an unworkable burden and barrier to growth for most businesses, loss of competition, and possibly increased prices for consumers.

Senate bills referred to Finance Committtee.

 

H.R. 3396 referred to Judiciary Committee.

Net Neutrality

 

S. 215

Prohibits Internet service providers from discriminatory practices regarding content provided to the public.

 

DMA supports an Internet free from burdensome regulation.

Referred to Senate Commerce Committee.

Security Breach Notification

 

S. 495

S. 1178

S. 1260

H.R. 516

H.R. 958

H.R. 1685

 

 

Require the notification of customers when personal data have been compromised, thereby putting the consumer at risk for ID theft or fraud.

 

Some bills also impose mandatory security standards or provisions giving consumer access to and correction of personal records.

DMA supports security breach notification legislation in general.  DMA is working with lawmakers to ensure that bills focus only on data that could put consumers at risk for ID theft, and not on more general marketing information.

 

DMA opposes language enabling consumers to access and correct personal records.

 

S. 495 approved by Judiciary Committee on May 3, 2007.

 

S. 1178 approved by Commerce Committee on April 25, 2007.

 

All other bills remain in various committees.

Social Security

Number Protection

 

S. 238

S. 1208

S. 1691

S. 2915

H.R. 948

H.R. 2455

H.R. 3046

H.R. 3271

 

Provisions in these bills would, to varying degrees, place strict limitations on how Social Security numbers (SSNs) may be used by both government agencies and the private sector.

 

Some language would prohibit the display, sale, or purchase of SSNs without the affirmatively expressed consent of the individual.

 

Others prohibit a commercial entity from requiring an individual to provide a SSN when purchasing a commercial good or service.

 

S. 2915 seeks to set a standard method of truncating SSNs.

 

DMA seeks to protect marketers’ ability to use SSNs for identity verification purposes.

 

Specifically, any legislation passed by Congress should preserve business-to-business uses such as those permitted under the Gramm-Leach-Bliley Act and its implementing rules.

H.R. 948 approved by Energy and Commerce Committee on May 10, 2007.

 

H.R. 3046 approved by the Ways and Means Committee on July 18, 2007.

 

All other bills remain in various committees.

Spyware

 

S. 1625

H.R. 964

H.R. 1525

 

Prohibit and set criminal penalties for the use of software that accesses personal data without the consumer’s permission, or that inhibits the performance of individual computers.

DMA supports increased penalties for the use of spyware and malware, but is working to make sure that language in spyware bills does not have unintended negative consequences for legitimate marketers.

 

H.R. 1525 passed the House on May 22, 2007.

 

H.R. 964 passed the House on June 6, 2007.

 

S. 1625 referred to the Commerce Committee.

 

 

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