This bill would create an Independent Digital Security Commission tasked with making recommendations about policies, practices, or legislation to balance privacy and security concerns related to digital technologies.
The Commission would include 16 leaders from the technology industry, law enforcement, privacy activists, and other areas who are selected by party leaders from each chamber of Congress.
Specifically, the Commission would make recommendations regarding the following:
Methods to take advantage of the benefits of digital security and communications technology while reducing the risk of abuse by bad actors;
The tools, training, and resources that could be utilized by law enforcement and national security agencies to adapt to the new digital landscape;
Cooperation between the government and private sector to work together to impede terrorists’ use of digital security and communications technology to mobilize, facilitate, and carry out attacks;
Any revisions to current law regarding wiretaps and warrants for digital data, while preserving privacy and market competitiveness;
Proposed changes to the procedures for obtaining warrants to increase efficiency and cost effectiveness for the government, tech companies, and service providers;
Steps the U.S. can take to lead the development of international standards for digital evidence in criminal investigations.
The task of selecting commission members would fall to the Speaker of the House and Senate Majority Leader who would select eight members and the Chairman, while the House and Senate Minority Leaders would select eight members and the Vice Chairman. The President would also have the option of selecting one ex officio individual who would serve in a non-voting role. Both the Majority and Minority representatives from Congress would appoint U.S. citizens with experience from each of the following fields:
Global commerce and economics;
Federal law enforcement;
Consumer-facing technology sector;
Enterprise technology sector;
Privacy and civil liberties community.
Commissioners must be appointed within 30 days of this legislation’s enactment, and the first meeting must be held within the first 60 days of enactment. An interim report would be published within six months of the initial meeting, while the final report would be due 12 months after the first meeting. Both reports would require the approval of at least 12 of 16 commissioners.
The Commission would be able to hold hearings, take testimony and other information, and require witnesses as well as the production of documents as it deems necessary. It could access information from any executive branch entity, but must securely receive, handle, and store sensitive information in compliance with all applicable laws. In order to subpoena relevant materials 12 of 16 commissioners must vote in favor.