In This Issue: Federal Affairs

From: ANA ADviser (September 18, 2020) To: Travis Frazier Subject: [EXT] New GOP Privacy Bill Date: Friday, September 18, 2020 1:03:28 PM

EXTERNAL MAIL:

A weekly roundup from ANA's Government Relations team September 18, 2020

In this issue: Federal Affairs

Senate Commerce Republicans Introduce Data Privacy Legislation Senate Judiciary’s Subcommittee’s Hearing on “Stacking the Tech: Has Google harmed competition in online advertising?” Senate Commerce Announces Data Privacy Hearing FTC and DOJ Co-Host International Competition Network’s 2020 Virtual Conference Section 230 Among Topics During House Energy and Commerce FCC Oversight Hearing State Affairs

ANA Continues to Need Signees on Open Letter Regarding CCPA State Weekly Legislative Tracker News of Interest

U.S. to start blocking TikTok and WeChat downloads Sunday, NBC News, September 18, 2020 EU should adopt digital tax in Q1 2021 if OECD fails - Le Maire, Reuters, September 11, 2020 Oracle Beats Out Microsoft For TikTok; Ad Industry Pleads For A Meeting With Apple, AdExchanger, September 15, 2020 White House eyes veteran antitrust lawyer for chief FTC post, Politico, September 11, 2020 Backlash Grows to TikTok-Oracle Deal, New York Times, September 16,2020 GDPR Fines Top €60 Million With Over 124 Fines Issued Year-To-Date, Real Time Report, September 11, 2020 Word on the Street

Disasters on Two Coasts: How to Help Save the Date

Brand Activation Legal Webinar – October 9, 2020 Government Relations Committee Meeting (Agenda Just Updated!) (Virtual) - October 14, 2020 Brand Activation Legal Committee Meeting (Virtual) - October 22, 2020 Legal Affairs Committee Meeting (Virtual) - November 4, 2020 ANA/BAA Marketing Law Conference (Virtual) – November 10-12, 2020

Federal Affairs Senate Commerce Republicans Introduce Data Privacy Legislation On September 17, 2020, Sen. John Thune (R-SD) announced the introduction of the Setting an American Framework to Ensure Data Access, Transparency, and Accountability Act (SAFE DATA Act), along with fellow Senate Committee on Commerce, Science, and Transportation members: (1) Sen. Roger Wicker (R-MS); (2) Sen. Deb Fishcer (R-NE); and (3) Sen. Marsha Blackburn (R- TN). Among other provisions, the press release noted that the bill would: (1) require consumer access, correction, and deletion to “their” data and enable data portability ; (2) prohibit the processing and transfer of “sensitive” data without consumer consent; (3) require data minimization and consumer consent for secondary uses of data; and (4) prohibit the denial of services or products if a consumer exercises “their privacy rights.” According to the press release, along with state attorneys general enforcement, the bill would grant the Federal Trade Commission (FTC) increased rulemaking and enforcement authority, including a “data broker registry.” The press release stated that, among other provisions, the bill would require businesses to: (1) include collection, processing, and transferring of data information in privacy policies; (2) establish data security provisions; (3) disclose algorithms for online platforms; and (4) conduct privacy risk assessments for “heightened risk” activities. The press release emphasized that the bill would establish “uniform data protections across the country.” Senate Judiciary’s Subcommittee’s Hearing on “Stacking the Tech: Has Google harmed competition in online advertising?” On Tuesday, the Senate Committee on the Judiciary’s Subcommittee on Antitrust, Competition Policy, and Consumer Rights held a hearing entitled, “Stacking the Tech: Has Google harmed competition in online advertising?” The hearing consisted of two panels. Among other topics, the following was discussed during the panels: (1) data privacy; (2) potential antitrust legislation; (3) Google’s market dominance; (4) consumer welfare standard; and (5) platform “bias.” The first panel’s sole witness was Donald Harrison, President, Global Partnerships and Corporate Development, Google. The second panel’s witnesses were: (1) David Dinielli, Senior Advisor, Beneficial Technology, Omidyar Network; (2) Carl Szabo, Vice President and General Counsel, NetChoice; and (3) Adam Heimlich, Chief Executive Officer, Chalice Custom Algorithms. A recap of the hearing can be found here. Senate Commerce Announces Data Privacy Hearing On Wednesday, the Senate Committee on Commerce, Science, and Transportation announced a September 23, 2020 hearing entitled, “Revisiting the Need for Federal Data Privacy Legislation.” The hearing’s witnesses are all former Federal Trade Commission (FTC) Commissioners, including: (1) Julie Brill; (2) William Kovacic; (3) Jon Leibowitz; and (4) Maureen Ohlhausen. In April 2020, the Committee hosted a paper hearing on “Enlisting Big Data in the Fight Against Coronavirus.” FTC and DOJ Co-Host International Competition Network’s 2020 Virtual Conference On September 14-17, 2020, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) co-hosted the International Competition Network’s (ICN) Virtual Annual Conference. Opening remarks were delivered by FTC Chairman Joseph Simons, ICN Steering Group Chair Andreas Mundt, and DOJ Antitrust Division Assistant Attorney General Makan Delrahim. Among other topics, the Conference hosted panel discussions on: (1) big data and cartelization; (2) digital strategy of competition agencies; (3) competition in the digital age; and (4) digital mergers. Highlights of the Conference are available here. Section 230 Among Topics During House Energy and Commerce FCC Oversight Hearing On Thursday, the House Committee on Energy and Commerce’s Subcommittee on Communications and Technology convened a hearing entitled, “Trump FCC: Four Years of Lost Opportunities.” The hearing featured witness testimony from the five sitting Federal Communications Commission (FCC) Commissioners: (1) Ajit Pai, Chairman; (2) Michael O’Reilly; (3) Brendan Carr; (4) Jessica Rosenworcel; and (5) Geoffrey Starks. The September 17 hearing marked the Committee’s first FCC oversight hearing of 2020. During opening statements, Committee Chairman Frank Pallone (D-NJ) stated the social media platforms must be held accountable to the public, adding that hate and misinformation must be stopped on platforms. FCC Commissioner Rosenworcel noted that the FCC should increase efforts to sustain local media and protect the first amendment. FCC Commissioner Starks emphasized that the FCC should reject the National Telecommunications and Information Administration’s (NTIA) Petition for Rulemaking related to President Trump’s Executive Order on Preventing Online Censorship. Committee Ranking Member Greg Walden (R-OR) and Rep. Adam Kinzinger (R-IL) expressed support for the FCC’s robocall efforts. Reps. Steve Scalise (R-LA) and Cathy McMorris Rodgers (R-WA) emphasized that previous net neutrality concerns did not come to fruition under President Trump’s FCC. State Affairs ANA Continues to Need Signees on Open Letter Regarding CCPA The ANA and its sister trades have drafted an open letter in opposition to the CPRA ballot initiative (Prop. 24). We believe it is vital for the business community to express its concern with CPRA before it becomes law and are asking for additional signees to our letter. If you would like to co-sign the letter, please reply to Travis Frazier at [email protected] with your organization’s logo. State Legislative Weekly Tracker Click here for a summary report of this week's legislative activity in the states. To schedule a tutorial provided by a member of the team at Leonine Focus please contact Travis Frazier ([email protected]). Contact Us If you have questions on any of the issues mentioned in the ADviser, please feel free to contact ANA's Government Relations team in Washington, D.C.:

Dan Jaffe, Group Executive Vice President, Government Relations ([email protected]) Chris Oswald, Senior Vice President, Government Relations ([email protected]) David Buzby, Senior Director, Government Relations ([email protected]) Meghan Salome, Director, Government Relations ([email protected]) Travis Frazier, Associate Manager, Government Relations ([email protected])

You can also reach the D.C. office at any time at 202.296.1883

Stay tuned for our next newsletter and visit us at our website or follow us on Twitter for the latest updates.

You are receiving this email as part of your committee membership with the ANA (Association of National Advertisers). If you no longer wish to receive content related to your committee, or feel that you are getting this in error, please contact David Buzby ([email protected]) for removal.

Please send any comments about this email to [email protected]. Let us know what you think about our emails.