By Lou Mastria
Big Idea: Privacy is a bipartisan issue, but with Republicans in control of the White House, House and Senate, an opportunity is open to move a federal privacy bill. Two leaders from industry and policy discuss how best to advance such a law.
For 15 years, self-regulatory principles have supported the responsible growth of interest-based advertising. This unique industry-led initiative has enabled effective, independently enforced consumer privacy safeguards and controls while allowing the advertising-subsidized internet to flourish.
These facts about AdChoices ought to be shared and amplified with federal policy makers as they consider an omnibus federal privacy law. As the DAA Summit audience heard, the best vehicle for making this happen is through their voices as constituents and business people - from small-to-medium-to-larger organizations.
That was the driving force behind our Hill Day program this year, and the primary reason why we selected Washington, DC, as the site of our 2025 Summit – knowing in advance that new Members of Congress, and a possible new Administration, would need to hear directly from the responsible digital advertising ecosystem.
And to help us provide insider context and positioning, ahead of our Capitol Hill visits, we also invited two leaders to speak at the program – one from the private sector and one from the policy community. Their exchange, in short, motivated and inspired.
Jerry Jones, executive vice president, chief ethics and legal officer, LiveRamp, and the Honorable Dean Heller, former U.S. Senator and Representative (R-NV), and senior policy advisor, Venable LLP, sat down at the DAA Summit 25 ADvocate to offer an assessment of the state of federal data privacy legislation and prepare Summit attendees as they met with Members of Congress later that day.
Heller said, “We have a different makeup of the White House. We have a different makeup on the Senate. We have a different makeup in the House. Our ability and your ability to get something done this session is greatly enhanced by your activities and the kind of efforts you are making today.”
The Honorable Dean Heller, former Senator and Representative (R-NV), and Senior Policy Advisor, Venable LLP, offered candid advice to DAA Summit 25 Advocate attendees on how they can best tailor their message to Members of Congress, utilizing experience and anecdotes from his twelve years on the Hill.
Jones agreed that the legislative climate has shifted and that there’s a rare opportunity to get a bipartisan bill across the finish line.“I’ve been trying to advance the thought of having a comprehensive and preemptive federal data collection and use law for 26 years,” Jones said. “We let minor disagreements prevent the business community from being unified on what really matters.” For too long, he noted, infighting over details kept the private sector from speaking with one voice. But now, he said, that has changed. “For the first time in a couple of decades, the business community is pretty much unified on what should be the scope. The [U.S.] Chamber [of Commerce], Privacy for America [a coalition in which DAA participates], our company, and a number of other trade associations — we’re all basically saying the same thing, finally.”
Jerry Jones, LiveRamp, pointed to the tremendous scope of benefits created by digital advertising and explained how advantageous a preemptive federal privacy bill would be to American businesses and consumers.
Don’t Overlook Relevant Advertising’s Enormous Public Value
Jones pointed out that while digital advertising’s critics are quick to focus on its challenges, the industry’s enormous public value enabled by relevant advertising shouldn’t be overlooked. “Look at the amazing social good that digital advertising and marketing has done for the United States and for the world,” he said. “It is an incredible amount of social good that we have been the economic foundation for.” He went on to illustrate the point, saying “...you can be anywhere at any time and pull up all kinds of information, transact business, work remotely, and so much more. That’s an amazing thing, and we should be proud of what our industry has enabled.”
Heller reinforced the importance of digital advertising’s role in sustaining the U.S. economy during times of crisis. “The Great Recession would have been a Great Depression if it hadn’t been for digital advertising and the ability to buy on the internet,” Heller said. “And the same thing was true during COVID-19. The only way people had access to products and services was through the internet, and digital advertising helped keep this economy moving.”
Jerry Jones, LiveRamp, and The Honorable Dean Heller, former Senator and Representative (R-NV), and Senior Policy Advisor, Venable LLP, emphasized the importance and impact of digital advertisers meeting with their representatives in Washington, DC.
Both agreed that making the industry’s case on the Hill requires more than policy briefs and form letters. “It makes a far greater impact for you to come up to the Hill and have a conversation with me, as opposed to making a phone call,” Heller said.
The conversation turned to the central issue holding up federal privacy legislation: state preemption. Jones was blunt. “Does it make a whole lot of sense to have different laws for different locations for the same type of information? It’s an artificial construct to think you can actually divide up the internet into discrete jurisdictions,” he said.
Smaller Companies and Consumers, In Particular, Would Benefit from a Uniform Federal Privacy Law
He made the case that a fragmented patchwork of state laws benefits larger companies with the resources to navigate it, while small businesses and consumers pay the price. “For smaller businesses, it’s absolutely insane,” Jones said. “And it’s not good for an individual [citizen] who’s traveling across the country [either]. They have no idea what their rights are going to be, depending on where they tap into Wi-Fi.
Heller noted recent signs that federal preemption – rarely easy with a GOP majority sympathetic to states’ rights, or with Democrats representing many states where a privacy law is on the books – can still happen in Congress, pointing to a recent Senate vote overturning a state’s new emission standards. “In my opinion, it can happen. We just need to make the argument why it should happen,” he said.
Both underscored the importance of staying engaged in the legislative process. “It’s not a sprint. It’s not even a marathon,” Jones said. “It’s like a hundred-mile march to get some of this done.”
Heller said, “I always say talk to me when the plane is taking off, not when it’s about to hit the ground. And that’s what you guys have done — today, you’re laying the foundation.”
As for what message to carry into Hill offices this summer, Heller and Jones were in full agreement. Keep it simple. Stress the economic impact, the need for national consistency, and the consumer benefit. “One rule for the country makes sense,” Heller said. “It makes sense for consumers, it makes sense for businesses, and it makes sense for the economy.”
DAA wishes to acknowledge the editorial contribution of our summer associate Spencer Baker.
