That could even discourage consumers from certain online activities, according to Robinson. “Persistence is a really big issue,” Robinson said.
That’s why a provision in the bill aims to complement a potential Do-Not-Track program that would allow users to opt out of tracking once and for all. A possible self-regulatory “universal opt-out” program would be monitored by the Federal Trade Commission (FTC).
Rush’s bill would give companies approved to participate in such a program a safe harbor from some of the major consumer protection provisions contained in the bill, including consumer notice and choice and accuracy, access and dispute resolution requirements, among others.
It remains in question whether technology is advanced enough for the FTC and industry to establish a Do-Not-Track system similar to the national Do-Not-Call registry that prevents telemarketers from calling households who don’t want to be bothered.
Robinson noted mixed results for similar programs enabling users to opt out of spam e-mails in a limited number of steps. They are not widespread enough to have a huge impact, he said.
The Do-Not-Track possibility could get a November hearing, and the FTC might broach the issue in its proposals on online privacy, expected in the coming weeks.
Robinson said Rush made persistence a priority, which explains why the bill supports the FTC’s potential effort. But the permanence of “persistence” policies makes some companies uncomfortable.
“The concept resonates with a minority of companies,” Robinson said. “We would’ve hoped it would’ve resonated with more. There was skepticism over the issue of persistence.”
Provisions aimed at the long haul have to be flexible enough so they do not inhibit the development of new technologies, he said.
“Whatever we come up with, we would want for it to give sufficient latitude to industry to develop new business models, products, and services, and allow individual businesses to compete on a level-playing field,” he said. “We, in no way whatsoever, are attempting to kill the Internet, so if this is cast as anything to the contrary, you should take that with a big grain of salt.”
Robinson said Rush will reintroduce the bill next session.