The Lawfare Podcast: What Should Privacy Legislation Do?

Jen Patja, Benjamin Wittes, David Hoffman, Cameron Kerry, Sally Greenberg, Lydia Parnes
Saturday, September 14, 2019, 12:00 PM

Amid the legislative disfunction from Congress, a consensus of sorts is emerging on the need for privacy legislation. Between European pressure, data breaches and scandals associated with social media manipulation by foreign actors, the idea of some kind of comprehensive privacy legislation has gone mainstream over the last couple of years.

Published by The Lawfare Institute
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Amid the legislative disfunction from Congress, a consensus of sorts is emerging on the need for privacy legislation. Between European pressure, data breaches and scandals associated with social media manipulation by foreign actors, the idea of some kind of comprehensive privacy legislation has gone mainstream over the last couple of years.


But while people agree over the idea of privacy legislation in theory, the substance of that legislation—that is, what a privacy bill would actually do—is fiercely contested. To explore these competing visions of what people are trying to do when they talk about comprehensive privacy legislation, Benjamin Wittes moderated a live panel discussion at the Brookings Institution with David Hoffman, associate general counsel and global privacy officer at Intel Corporation; Sally Greenberg, executive director of the National Consumers League; Cam Kerry, distinguished visiting fellow at Brookings and former general counsel and acting secretary of the U.S. Department of Commerce during the Obama administration; and Lydia Parnes, partner at Wilson Sonsini, where she chairs the privacy and cybersecurity practice, and former director of the Bureau of Consumer Protection at the Federal Trade Commission.



Jen Patja is the editor and producer of the Lawfare Podcast and Rational Security. She currently serves as the Co-Executive Director of Virginia Civics, a nonprofit organization that empowers the next generation of leaders in Virginia by promoting constitutional literacy, critical thinking, and civic engagement. She is the former Deputy Director of the Robert H. Smith Center for the Constitution at James Madison's Montpelier and has been a freelance editor for over 20 years.
Benjamin Wittes is editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution. He is the author of several books.
David Hoffman is Associate General Counsel and Global Privacy Officer at Intel, in which capacity he oversees Intel’s privacy activities and security policy engagements. Mr. Hoffman has served on the FTC Online Access and Security Advisory Committee and the DHS Data Privacy and Integrity Advisory Committee. From 2005–2009, Mr. Hoffman served on the Board of Directors for the International Association of Privacy Professionals and he is currently a member of the Advisory Board for the Future of Privacy Forum. He has lectured on privacy and security law at schools in the US, Europe, Japan and China and is a Senior Lecturing Fellow at his alma mater, Duke University School of Law.
Cameron F. Kerry is the Ann R. and Andrew H. Tisch Distinguished Visiting Fellow in Governance Studies at the Brookings Institution, and is Senior Counsel at Sidley Austin. He previously served as general counsel and acting secretary of the Department of Commerce.
Sally Greenberg is the executive director of the National Consumers League.
Lydia Parnes is a partner at Wilson Sonsini, where she chairs the privacy and cybersecurity practice, and former director of the Bureau of Consumer Protection at the Federal Trade Commission.

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