As the influence and power of Big Tech companies continue to grow, concerns about their monopolistic practices, consumer privacy, and national security risks have reached a tipping point. In response to these concerns, Senators Elizabeth Warren (D-MA) and Lindsey Graham (R-SC) have introduced a groundbreaking bipartisan bill to establish a new federal agency, the Digital Consumer Protection Commission. This regulatory body would be tasked with overseeing and reining in the power of giant tech firms, such as Amazon, Meta, and Google, and addressing a range of anti-competitive behaviors and privacy violations.

In recent years, the dominance of Big Tech companies has raised significant concerns among both lawmakers and the public. These concerns encompass a wide range of issues, including the preferential treatment of their own products, data collection and privacy practices, and national security risks posed by foreign ownership. The proposed Digital Consumer Protection Commission aims to address these issues by providing additional oversight and complementing the work of existing regulatory bodies.

Senator Lindsey Graham expressed his motivation behind the bill, sharing stories of families feeling helpless in the face of Big Tech’s influence. He highlighted the severe consequences, such as cyberbullying leading to suicide, human trafficking, and exploitation of minors, while social media platforms seemingly turn a blind eye. These pressing concerns demand a robust regulatory framework to protect consumers and ensure a fair and competitive digital landscape.

A key aspect of the proposed bill is to tackle the issue of self-preferencing, where tech giants give favorable treatment to their own products on their platforms, thereby creating an unfair advantage over their competitors. The Digital Consumer Protection Commission would ban companies like Amazon, Meta, and Google from engaging in self-preferencing practices, fostering a more level playing field for all market participants.

Furthermore, the commission would work in conjunction with the Federal Trade Commission (FTC) and the Justice Department to authorize and review merger proposals. This proactive approach would prevent anti-competitive consolidation in the tech industry and allow for retroactive review of past mergers to ensure they were fair and did not stifle competition.

In addition to addressing anti-competitive practices, the Digital Consumer Protection Commission would prioritize safeguarding consumer privacy. The agency would guarantee users the right to know when companies collect their data, promoting transparency and providing individuals with more control over their personal information. The commission would also limit targeted advertising, restricting it to data collected from user activity within the platform and excluding information obtained from external sources.

These measures aim to strike a balance between the need for personalized advertising and protecting users’ privacy rights, ensuring that tech companies are held accountable for their data collection and usage practices.

Foreign ownership of tech platforms has raised concerns about potential national security risks, especially with platforms like TikTok and its parent company ByteDance, headquartered in Beijing. The proposed agency would require platforms with foreign ownership, such as TikTok, to either sell their companies to American owners or establish a US-based subsidiary. This provision aims to mitigate potential threats to national security and ensure that critical digital infrastructure remains under American control.

Senator Elizabeth Warren has a proven track record of championing regulatory measures to protect consumers and address systemic issues. Her efforts include the creation of the Consumer Financial Protection Bureau (CFPB) following the 2008 financial crisis. The CFPB, authorized by the Dodd-Frank Act, aimed to oversee and regulate financial institutions to prevent predatory practices and ensure fair treatment for consumers.

Building on her success with the CFPB, Warren now seeks to establish a similar regulatory body to address the unique challenges posed by Big Tech. By leveraging her experience and expertise, she aims to create a more accountable and fair digital marketplace.

Although Senators Warren and Graham have taken the lead in introducing the bill, they have yet to secure additional co-sponsors. To advance the legislation, they will need to garner support from more lawmakers and push for a hearing to discuss its potential impact and feasibility.

The bipartisan nature of the bill underscores the growing recognition that addressing the power of Big Tech is a priority across party lines. Both senators emphasize the urgency of reining in Big Tech’s exploitative practices, protecting consumer data, addressing national security risks, and fostering a fair and competitive marketplace.

In summary, the introduction of the Digital Consumer Protection Commission bill by Senators Elizabeth Warren and Lindsey Graham signifies a significant step towards regulating the power of Big Tech companies. By establishing a dedicated agency focused on addressing anti-competitive practices, protecting consumer privacy, and mitigating national security risks, the proposed legislation aims to bring much-needed oversight and accountability to the tech industry. As the bill moves forward, bipartisan support and further collaboration will be crucial in shaping the future of Big Tech oversight and ensuring a fair and equitable digital landscape for all.

First reported on The Verge

Frequently Asked Questions

1. What is the Digital Consumer Protection Commission bill?

The Digital Consumer Protection Commission bill is a bipartisan legislative proposal introduced by Senators Elizabeth Warren and Lindsey Graham. The bill seeks to establish a new federal agency, the Digital Consumer Protection Commission, to oversee and regulate Big Tech companies, such as Amazon, Meta, and Google. The agency’s primary focus would be to address anti-competitive behaviors, protect consumer privacy, and mitigate national security risks.

2. What issues does the bill aim to address?

The bill aims to address several concerns related to Big Tech companies, including self-preferencing, data collection and privacy practices, anti-competitive behaviors, and national security risks posed by foreign ownership of tech platforms.

3. How would the Digital Consumer Protection Commission tackle self-preferencing by Big Tech companies?

The commission would ban companies like Amazon, Meta, and Google from engaging in self-preferencing practices, where they give favorable treatment to their own products on their platforms. This measure aims to create a more level playing field for all market participants and prevent Big Tech from gaining unfair advantages over their competitors.

4. What role would the Digital Consumer Protection Commission play in reviewing mergers and acquisitions in the tech industry?

The commission would work in conjunction with the Federal Trade Commission (FTC) and the Justice Department to authorize and review merger proposals in the tech industry. This proactive approach would prevent anti-competitive consolidation and allow for retroactive review of past mergers to ensure they were fair and did not stifle competition.

5. How would the Digital Consumer Protection Commission protect consumer privacy?

The commission would guarantee users the right to know when companies collect their data, promoting transparency and giving individuals more control over their personal information. The agency would also limit targeted advertising, restricting it to data collected from user activity within the platform and excluding information obtained from external sources.

6. How does the bill address national security risks posed by foreign-owned tech platforms?

Platforms with foreign ownership, such as TikTok and its parent company ByteDance headquartered in Beijing, would be required to either sell their companies to American owners or establish a US-based subsidiary. This provision aims to mitigate potential threats to national security and ensure critical digital infrastructure remains under American control.

7. What is the significance of bipartisan support for the bill?

The bipartisan nature of the bill indicates that addressing the power of Big Tech is a priority across party lines. Both Senators Warren and Graham emphasize the urgency of regulating Big Tech’s practices, protecting consumer data, and fostering a fair and competitive digital marketplace. To advance the legislation, they will need to garner support from more lawmakers and push for a hearing to discuss its potential impact and feasibility.

8. How does the bill leverage Senator Elizabeth Warren’s experience with the Consumer Financial Protection Bureau (CFPB)?

Senator Elizabeth Warren’s experience in championing regulatory measures, including the creation of the CFPB after the 2008 financial crisis, informs her efforts to establish the Digital Consumer Protection Commission. Building on her success with the CFPB, Warren aims to create a similar regulatory body to address the unique challenges posed by Big Tech and ensure a more accountable and fair digital marketplace.

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Brad Anderson

Editor In Chief at ReadWrite

Brad is the editor overseeing contributed content at ReadWrite.com. He previously worked as an editor at PayPal and Crunchbase. You can reach him at brad at readwrite.com.