Analysts: Privacy bills will survive election storm

Though some tech-related bills will live or die depending on Tuesday's election results, online privacy legislation is likely to survive the midterm storm, according to observers who track the issue.  

House Democrats have pushed for privacy legislation that would force online marketers to disclose when they are following customers' activities online. But the effort is likely to have strong prospects to move in the next Congress no matter which party controls the chamber. 

House Communications subcommittee Chairman Rick Boucher (D-Va.) has championed stricter privacy rules this year, drafting a bill to rein in online marketers. 

But Boucher is in a tight race to retain his seat against Republican Morgan Griffith. If Boucher is defeated on Tuesday, online privacy advocates could lose one of their most effective allies in the House. 

A Democrat is also leading the other big online privacy push. Consumer Protection subcommittee chairman Bobby Rush (Ill.) has introduced a bill that would mandate greater disclosures by online marketers.

But telecom lobbyists say that even if Democrats lose control of the House on Tuesday, Republicans are likely to press ahead with online privacy legislation in the next Congress. 

The ranking Republican on the House Communications subcommittee, Rep. Cliff Stearns of Florida, has worked on privacy bills in the past and partially collaborated on Boucher's bill.

"Since Stearns has authored privacy legislation during previous sessions of Congress, he can introduce legislation next Congress either with, or without, Boucher," said a former Stearns aide who now lobbies on telecom issues. 

Stearns on Monday reiterated his commitment to privacy legislation.

“I have worked on developing privacy legislation from the time I was Chairman of the Commerce, Trade & Consumer Protection Subcommittee from 2001 to 2006 and I am still working on it," he said. 

The congressman noted he does not support all the provisions of the Boucher bill. He said he "would like to see a bill" that is less prescriptive and "allows innovation to continue to flourish." 

Jeff Chester, a longtime advocate for online privacy and the executive director of Center for Digital Democracy, said privacy is a concern for both parties. 

"This is a bipartisan issue and where both sides can work together to protect consumers in the online marketplace. Privacy is a hot-button red and blue issue.  Mr. Stearns has demonstrated a serious concern about ensuring American consumers are fairly treated when they go online," he said.