U.S. Sens. Lindsey Graham. R-S.C., and Elizabeth Warren, D-Mass., recently introduced the "Warren-Graham Digital Consumer Protection Commission (DCPC) Act," a landmark bill aimed at regulating major tech platforms and data processors to protect consumers and uphold democratic values in the digital age. The proposed legislation has received significant support, including praise from Patrick Gaspard, president and CEO of the Center for American Progress (CAP), according to a release from Warren's office.
"Passing the Digital Consumer Protection Commission Act is critical to preventing a few dominant internet companies from unfairly taking advantage of consumers and eroding our democratic values," Gaspard said in a July 27 CAP news release. "The DCPC will help address major concerns around competition, privacy, security and transparency in a truly bipartisan manner. This bill will ensure that the digital playing field is no longer stacked against competitors, consumers, and the public."
The proposed bill would establish an independent, bipartisan regulator overseeing major tech platforms such as Facebook, Google and Amazon, a document from Warren's office said. The commission's primary goals would be to promote fair competition, safeguard Americans' privacy and prevent harm in the online space.
If approved, the commission would work alongside the Federal Trade Commission and the Department of Justice to enforce violations of the law, ensuring dominant tech companies adhere to the new regulations. Repeat violations could even lead to the revocation of a platform's operating license, the document reported.
Among the key provisions of the Act are measures to tackle abuses of dominance by big tech firms, the document said. The bill would ban practices such as self-preferencing, tying arrangements, non-compete agreements and no-poach agreements, which have often been criticized for limiting fair competition in the market. Additionally, the Act would authorize retrospective and prospective reviews of big tech mergers to maintain a competitive landscape.
The bill also focuses on enhancing transparency in the digital realm, the document said. Major tech platforms would be required to publish clear terms of service and content moderation practices, giving users greater insight into how their data is used and shared.
Privacy protections would be strengthened as well, ensuring users have access to their personal data and are informed when their data is collected and processed. Data processors, in turn, would have specific duties of loyalty, care and mitigation of harms — including discrimination — for all user data they handle, the document noted. Furthermore, targeted advertising based on personal data would be limited.
National security concerns have also been addressed in the proposed legislation, the document said. The Act mandates dominant platforms must be owned by U.S. citizens or have a U.S. subsidiary, reducing potential risks posed by foreign ownership. It also imposes restrictions on data processing in restricted countries and requires platforms to identify bots, bolstering efforts to combat misinformation and foreign interference.
The bill has already gained support from Accountable Tech, the American Economic Liberties Project, the Center for American Progress, Color of Change, Common Sense Media, the Open Markets Institute and Public Citizen, the document said.
