国家电信和信息管理局关于商业

In the Matter of)))Commercial Surveillance ANPR R11004)))))))))Docket FTC-2022-0053 Comments of the National Telecommunications and Information Administration RegardingCommercial Surveillance ANPRR11004 Comments of the National Telecommunications and Information AdministrationRegarding Commercial Surveillance ANPRR11004 Executive Summary: The National Telecommunications and Information Administration (NTIA) strongly supports theFederal Trade Commission (FTC) promulgating rules to improve data security protections anddiminish the harmful effects of commercial surveillance. The lack of a strong, unified nationalapproach to privacy is bad for businesses, our standing in international conversations on privacy,and most importantly, the American people. The FTC’s role in protecting the public andpromoting competition is crucial to a healthy digital economy, and new rules can help ensure itscapabilities keep pace with the evolution of new technologies. These rules should eschewconsent-dominated privacy governance in favor of data minimization and purpose limitationrequirements, and cover the comprehensive range of commercial data practices under the FTC’sjurisdiction with heightened protections where appropriate for harms that disproportionatelyimpact vulnerable populations. The FTC’s rulemaking proceeding presents a valuableopportunity to implement a strong and cohesive framework of privacy protections thatcomplements efforts at other agencies and in Congress. NTIA hasspent decades identifying how data abuses impact individuals, communities, and thedigital economy, and discussing the need for clear rules of the road to diminish the harmfuleffects of commercial surveillance. In our role as the President’s principal advisor ontelecommunications and information policy issues, NTIA studies and develops policy on theimpact of technology and the Internet on privacy, including the extent to which modern datapractices are adequately addressed by the current U.S. privacy protection framework. Forexample, NTIA helped draft the 2012 “Consumer Privacy Bill of Rights”1and the 2014 “BigData: Seizing Opportunities, Preserving Values” reports,2and led the 2018 Consumer PrivacyRequest for Comment.3In December 2021, NTIA convened a series of listening sessions on theintersection of privacy, equity, and civil rights, and will soon issue a Request for Comment onthe subject, using the feedback provided through these processes to draft a report.4 The Biden Administration has established its commitment to strengthening privacy protectionsthrough numerous public statements and actions,5such as Principles for Enhancing Competitionand Tech Platform Accountability;6the Executive Order on Promoting Competition in theAmerican Economy;7and the Executive Order on Protecting Access to Reproductive HealthcareServices.8These statements and actions highlight Biden administration objectives like“provid[ing] robust federal protections for Americans’ privacy” that “put the burden onplatforms to minimize how much information they collect, rather than burdening Americans withreading fine print;”9protecting children and young people by “restricting excessive datacollection and targeted advertising [to them]” as they are “especially vulnerable to harm”;10andenacting “strong protections to ensure algorithms do not discriminate against protected groups,”including “through persistent surveillance.”11All of these priorities would be supported by theFTC adopting comprehensive rules that reject consent-dominated approaches in favor of datapurpose limitations and minimization requirements and heightened protections for harms thatdisproportionately impact vulnerable populations. The significant presence of potential federal legislation in consumer privacy reform discussionsdoes not obviate the importance of the FTC’s efforts to adopt strong, comprehensive rulesgoverning commercial surveillance and data security. NTIA strongly supports the Commission’srulemaking process and considers the Commission’s work—enforcing existing statutes and rules,investigating concerning commercial practices, updating current regulations, and promulgatingnew ones—to be essential. Simultaneously, NTIA strongly supports comprehensive, federalprivacy legislation that would create new protections for the public and baseline requirements for businesses and cement protections and requirements that already exist.12Ongoing efforts by theFTC and by Congress to protect privacy and increase competition are as complementary as theyare crucial. The FTC’s role in protecting consumers and promoting competition is essential to a healthydigital economy, and rules can help ensure that the agency’s capabilities keep pace with theemergence of new technologies and business models. The evolution of new technical capabilitiesand the legal challenges that the FTC describes in its notice have also strengthened the value ofclear baseline rules for businesses and consumers. The FTC is uniquely positio