Congress formally adjourned for the August recess on August 4, 2007, and will return on September 4. It is expected that the remainder of the first session of the 110th Congress will be active on e-commerce and privacy-related issues when it resumes. Issues likely to receive attention this fall include:

  • Online Advertising: Online advertising issues resulting from recent acquisitions are expected to be the subject of September hearings before both the Senate Judiciary Committee’s Antitrust Subcommittee and the House Energy and Commerce Committee’s Commerce Subcommittee.
  • Data Security/Security Breach Notification: The House Judiciary Committee's Subcommittee on Crime and Subcommittee on Commercial and Administrative Law have indicated their intent to hold a joint hearing on these issues after the recess, and have indicated an intent to introduce legislation this fall. The House Energy & Commerce Committee and House Financial Services Committee continue to state that legislation in this area is a priority, and likely will consider bills this fall, although no announcements of timing have been made. In the Senate, bills have been approved by both the Commerce Committee (S. 1178) and Judiciary Committee (S. 495). The Senate Banking Committee has begun a process to evaluate legislation.
  • Social Security Number Legislation: The House Ways and Means Committee approved legislation (H.R. 3046) that would significantly restrict the use and sale of SSNs. The Committee has expressed an interest in moving the legislation through the House. Another bill was approved by the House Energy and Commerce Committee (H.R. 948) that would restrict SSNs and punts most of the details of the legislation to the Federal Trade Commission for rulemaking. In addition, SSN provisions were added to the data security bill that was approved by the Senate Commerce Committee (S. 1178).
  • Spyware: With two spyware bills with differing approaches having passed the House this spring (H.R. 964 and H.R. 1525), Senator Pryor introduced spyware legislation (S. 1625) that is expected to be considered by the Senate Commerce Committee this fall.