often but on exception fairness-based cases. for me, one of the important things i need to look at is is this going to meet consumer expectations and consumer preferences because consumers do also enjoy using a lot of the new benefits, the new services that the internet offers. so if we have a solution that consumers ultimately end up unhappy with because they've lost some of these services, these conveniences that the internet provided them, i'm not sure we're striking things in the right balance, but i think the important thing is to strike the right balance for the benefit of consumers. >> thank you. senator udall. >> thank you, mr. chairman. sorry i wasn't here earlier. we all have so many things going on. >> we were talking. >> yeah. i understand. but -- and i hope you all forgive me. incredibly important subject and the chairman always focuses on what the american people are

concerned about, and i just hear a lot of discussion in new mexico about this whole privacy issue and i apologize if i'm going over any ground that you've already hit here, but i just had a couple of questions. chairman leibowitz, the ftc's recently settled privacy cases with well-known online companies used by millions of americans. could you explain how these settlements will benefit consumer online privacy and how have these settlement statements encouraged other companies to change or improve their privacy policies? >> well, we have -- if you're talking about our settlements with, say, google, for google buzz and facebook, we -- we found what we believed were violations of the law essentially those companies made commitments about keeping information private that we believe they did not keep. they did not honor their commitments so we brought cases

against them and had settlements. in the settlements, they're required to be monitored. they have to engage in privacy by design. they -- and most importantly, in the -- if you combine the facebook and the google matters, they protect more than 1 billion consumers worldwide. and if those companies want to change their privacy settings, they had to give consumers an opt in going forward to do that. and then, of course, when you're under order, unlike most attorneys general, and you mentioned this discussion, i know you were, we do not have authority, but under order we can fine you for a second violation and hope, of course, we don't see second violations here. >> yeah. and mr. kerry, you note in your testimony that the european union is moving forward with data privacy regulations. is there a concern, if europe moves forward with privacy rules, while the u.s. does

nothing that european regulations will essentially become the global norm that u.s. companies follow? >> senator, thank you. yes, that is a concern. it's a concern that we've heard from many companies. i sat in remarks that, you know, i defend the american system of privacy and the commitment that we have in our laws. but, you know, we do not want to let other countries set a default standard. you know, there are certainly points in common between what we are proposing and what the european commission has proposed, but there are also concerns that -- there are ways that that gets into prescribing technology and other kinds of

prescriptions that could operate as barriers to entry. that could inhibit the free flow of information across international borders. so you know, it is important to move forward here. i think, you know, we're here, because our mission as this committee knows well, is to promote the domestic and international commerce of the united states. we would not be promoting privacy legislation if it did not promote the foreign and domestic commerce of the united states. i think the fact we are sitting here alongside chairman leibowitz, who's proposed also advocating for legislation reflects the convergence of economic in this area. important to consumers. it's important to business.

it's important to global commerce. >> thank you. commissioner do you have any thoughts on those two? >> well, i do believe, you know, the international element of privacy regulation is very important, but i have to admit, it's something i need to educate myself on a little further before i could offer anything very useful at this point. >> thank you. thank you, chairman rockefeller. really appreciate it. >> thank you. the honorable tom udall, state of new mexico. i'd just like to close with a couple. you know, we talk about the digital advertising alliance is making it very clear they want to cooperate, and they appear to be doing so, but there are two areas where they still can collect information, their own definition. i think one of those is market research and the other is

product development. now, i don't -- that doesn't take me to a series of blisses or sins, but i get very nervous when i read that about those two, you know, little snippets being able to swallow up the rule. what is it that allows them to get, and after your question, can you talk about what you're doing to make sure that they don't get that, if you can? >> well, i think from the perspective of the majority of the commission, we entirely agree with you. do not track has to mean do not collect, if it's going to mean anything. there might be a few narrow enumerated exceptions. for example, for anti-fraud purposes. but we are -- we are, would go with the digital advertising alliance at this point. we think by the end of the year, i believe, that one way or

another, whether legislative or by virtue of -- of resolving some of these matters and, of course, there's another forum. the world wide web consortium, a lot of the companies working with technologists and consumer groups to come up with a standard and what it would entail. one way or another i believe by the end the year there's going to be meaningful do not track for american consumers so they can opt off third-party advertisements and that's critically important for consumers if you want to have more trust as the general council said, in internet commerce. >> i'd agree with that and guess i would close with this. that the statement was made here that it's in the nature of the internet industry, the web industry, whatever, to compete for the trust of consumers. and that in so doing, they will get the trust of consumer, and, therefore, there's no need to even consider regulation.

that doesn't sort of go against my general theory of corporate america. i mean, in other words, if you talk about competition, that's some of the most, you know, cutthroat competition that exists, going on in precisely that world at this time. people swallowing and converging and doing all kinds of things. it doesn't make sense to me that people would compete for something which is not in the their economic interest, except as they are required to do so by a higher power which understands the protection is not just -- is already on the books but protection is a part of the rule of laws, so to speak, in america. >> well, if i can just respond to that. i mean, imagine maureen and i are competitors, and maureen, the commissioner ohlhausen wants to do the right thing and want to collect the most information i can and monetize it. she's at a competitive disadvantage, because i'm making more money while she's trying to

protect consumers. >> she's been virtuous. >> she is and she is virtuous and a wonderful member of the commission already. >> and if i'm a corporation, i would probably try to advertise the fact i am virtuous and get consumers to come to my company rather than -- >> of course, if the leibowitz corporation isn't playing along and we're making more money, it's not necessarily fair to the ohlhausen corporation. so, you know, you understand this, and that's why things like voluntary stake holder driven codes of conduct can be very, very useful. it's why at end of the day we're hoping that the digital advertising alliance and the companies behind it represent i think 90% of all advertising on the internet. when you get to 90%, all making commitments not to collect, a lot of the companies i haven't talked to them individually, would be very comfortable with limitations on collection. of the kind you and i envision.

i think that that would be very, very meaningful. for consumers. >> and if i can add, the trusts that the ohlhausen brand would build up you know, would permit another company, we won't call it the kerry company, to operate under the radar, under -- without respecting the same standards. so that's why we need a baseline. >> exactly. i thank all three of you very, very much. this is the beginning of the, a new beginning in this whole area, and the floor is not an easy place, and the senate is not an easy place to get legislation passed, as you may have noticed. but that doesn't stop us. we've got to do our work. and it's incredibly important. working particularly in this particular new age, controlling of the new age, set of businesses that we're dealing

with. so i thank you, and the hearing is adjourned. here's what's ahead today on c-span3. next, a look at food policy and nutrition initiatives. then a discussion on jobs, trade

and competition. and after that, the 2012 elections and deceptive political ads. coming up tonight, a debate between the candidates running in wisconsin's gubernatorial recall election. republican incumbent scott walker is being challenged by milwaukee's democratic mayor tom barrett. watch this live tonight at 9:00 p.m. eastern on c-span. and we have got an update on the race on today's "washington journal." >> patrick marley what has this recall race turned into? what is it all about at this stage of the game? >> well, of course, it started with collective bargaining and collective bargaining is still a big part of it. there was no way they could have gotten one million signatures that they did to recall the governor if he hadn't gone after collective bargaining for public workers last year. that said, that's an issue that's very important to public workers and to unions nationally. but to the average voter, might be less important.

so in some ways the race comes down to the typical things that races do when the economy's not well, it's all about the economy. >> how is the economy doing in the state? >> the candidates can't even agree on that. the monthly jobs data that comes out has shown that wisconsin was the worst in the nation last year. lost 34,000 jobs. however, governor walker has questioned that data and rushed the release of some data that comes out from the federal government that wouldn't come out until three weeks after the election, that shows wisconsin actually gained jobs, 34,000 of them, last year. that data is generally better respected because it's an actual census of job counts rather than a survey and an estimate. however, there's no way to vet it because it was put out three weeks early. can't compare it to national numbers because the bureau of labor statistics haven't put them out.

even if you use the better numbers from governor walker, that's pretty anemic growth. it's not on pace to meet his promise to create 250,000 jobs in four years. it is positive territory and the jobs picture is pretty muddy right now for the average voter. >> talk to viewers around the country about the national interest groups and public officials on both sides of the aisle and what's going on in your state. >> sure. the recall movement started a year ago. you have to wait about a year before you can start a recall in wisconsin. last year we saw six republicans and three democrats. and you saw a tremendous amount of money, more money than we have ever seen spent on legislative races. and huge portions of it from out of state. the national unions were very heavily involved as well as

conservative groups that raised money nationally. and those groups tend to have to disclose less of their funding so where they get their money is unclear. in this race again you've seen a lot of money. much of it from out of state. there is a heavy republican tilt in this portion of the spending. governor walker talked a lot about the national unions outside special interest spending money in wisconsin. he's raised a record amount of money, and two-thirds of it from outside of wisconsin. much of it from -- very large donations in some cases from some idealogical conservatives. the las vegas casino mogul who heavily funded the super pac for newt gingrich. just this week we saw quite a bit of labor money going to

outside groups who are spending money against walker and for tom barrett. >> last question for you. so with all this outside money coming into the state, how are wisconsin voters reacting and what is the likely turn out supposed to be on june 5th? >> it's interesting we've never seen this kind of spending in a race for governor. before the primary it surpassed the record of spending still a month to go in the elections. the airways are blanketed with ads. but political professionals seem to think the advertising isn't as persuasive as it usually is in a governor race because people have already made up their minds. this electorate is very divided. half the state loves scott walker and he's this tough guy who made the tough decisions, stood up, done what he thought was right to get the state where it is. half the state loathes the guy. thinks he's done this attack on people, that he's not being fair to common people, has a divide and conquer mentality.

people have their minds made up. both sides agree it is going to be about turnout. early voting started this week. it appears so far a week into it that the turnout is going to be quite high and that's where we see it going. >> well, thanks so much. big debate tonight between the two principles, the governor and his challenger, the milwaukee mayor. c-span will be simulcasting that live beginning at 9:00 p.m. eastern time. patrick marley, thanks. you have an interesting couple of weeks ahead in your state. >> yeah, thanks for having me on. >> there is an extra day of book tv this holiday weekend on c-spa c-span2. heron burr may be best remembered for his duel with alexand irhamilton. h.w. brands on a different side on the new york politician and vice president saturday night at 8:30 eastern. and on after words, the former director for asian affairs at the national security council, victor cha, on the impossible state, north korea. >> the dialogue with the north koreans on human rights is kind

of a ridiculous dialogue because you can tell them you need to improve your human rights situation, and the response to you will be, and we have had this conversation at the official level, the response to you will be, well, you in the united states have human rights problems too. that is not a comparable discussion. >> that is saturday night at 10:00. also this weekend, marcus luttrell with operation red wing, from service, a navy sale at war. three days of book tv this weekend on c-span2. the consumer federation of america hosted its annual food policy conference in washington, d.c. earlier this month. the agriculture undersecretary for food and nutrition and the cdc director for obesity discussed recent legislation to combat rising obesity in america. and improve nutrition standards for schools. the forum focused on the healthy

hunger free kids act, which increases the focus on nutrition in school lunches. this portion is just over an hour. >> good morning. thank you, again, for being here at the food policy conference. we're moving on to our last session. we have a terrific panel lined up to talk to you about some really key issues on the nutrition obesity front and administrative efforts on that and kind of give us an update of where things are and where we're headed.

to begin the panel, i'd like to introduce sally squires. she is vice president at pow tate and she's going to be moderating this panel and introducing our speakers. so sally? >> good morning and i hope you're all enjoying this conference as much as i have. we were talking a little bit before this and just saying that this is -- this is kind of our -- for those of us in the nutrition world and food world, this is our conference. there are a lot of different conferences that occur, but it's really a pleasure to be here and see so many people. so thanks very much. we have a terrific lineup this morning. in 2009, kevin concannon was nominated by president obama and secretary vilsack and confirmed by the u.s. senate to serve as undersecretary for food,

nutrition and consumer services at the usda. fncs, for those of you who don't know, has the principle responsibilities and funding authority for the food and nutrition service, which feeds 1 in 4 americans. it also has responsibilities for promoting healthful diets through the center for nutrition policy and promotion, which, as i'm sure everybody in this room knows, is responsible with hhs for the dietary guidelines. our second speaker is dr. william dietz, director of the division of nutrition, physical activity and obesity at the centers for disease control and prevention in atlanta. prior to his appointment to the cdc, he was a professor of pediatrics at the tufts university school of medicine and director of clinical nutrition at the floating hospital of new england medical

center -- i'm sorry, the floating hospital of new england medical centers hospitals. and for those of you who have been watching, either at weight of the nation last week or have been watching hbo, you know that he's played a really important role in all of that. without further ado, i would like to introduce kevin concannon. thank you. thank you. >> thank you very much, sally. i think i will stand up. i can see folks over this way more readily. it's a pleasure for me to be here with all of you and at this conference, but both also added feature to be here with sally and with bill dietz again. we were together a week or so ago at weight of the nation here in d.c. as well. i'm particularly pleased to have the opportunity to share with you some of the very important initiatives we are in the midst

of at the food and nutrition service, particularly starting with the focus on the healthy hunger-free kids act of 2010. passed just a little more than a year ago, this legislation has provided us with an abundance of new tools to help create healthy lives for our nation's children. we know that nutritious food is critical to meeting -- to feeding the minds of hungry children and the importance of our efforts is further highlighted again this month with the release of the institute of medicine report that said that schools are key to fighting obesity in our country. i'm mindful as well of a corcoran collaborative systematic review done just about a year ago, finding in other parts of the world that school nutrition programs have many beneficial effects in this space. while the healthy hunger-free kids act which is championed by first lady michelle obama as part of her "let's move"

campaign, has one of its primary areas of focus, the transformation of the total school food environment in order to promote better nutrition and to reduce obesity. this law enabled us to make major improvements to school meals. the first major changes, by the way, in about 15 years. in january of this year, just one year after the law was passed, record time for federal regulatory processes, if you are familiar with them, we issued the final updated standards for school meals. and those standards, built upon recommendations from the institute of medicine ensure that students are offered both fruits and vegetables every day of the week. that's a first. it increases the offerings of whole grain rich foods, offers only fat-free or low fat milk, limits the calories based on the age of children. this is a first, strikingly. in the past, the school

nutrition requirements had minimum calories, no maximum calories, as strange as that may seem. well, now starting with this july across the country, based on age, minimums and maximums. it also increases the focus on reducing the amounts of saturated fats, transfats, added sugars and sodium. the standards go into effect in july but many schools are already well on their way to meeting those standards. i was in several in north carolina just this past week. usda were fully committed to providing all the assistance we can to help the 101,000 american schools, public and private, that participate in the national school lunch program. we're committed to provide that kind of assistance to help them to get from where they are today to where they all need to be. well, the changes in the school, in the standards for the school breakfast program, there are 12 million children that have breakfast at school each day and that number is on the rise,

those changes will be phased in over three years to make it easier for schools to comply. but the act also strengthened local wellness policies. as i travel the country, i try to meet with state health directors, typically physicians or people trained in public health, to emphasize for them the opportunity they have as public health authorities or health directors to reinforce and to support the effort in schools to promote healthness. just a week or so ago, we published what many schools across the country have been awaiting, a so-called six cent rule, meaning for the first time, again starting in october of next year, schools will be reimbursed an additional six cents per meal over and above the reimbursement rates that have been adjusted for inflation each year, as long as they meet the new meal standards. they are intended to be incentives and these incentives

are the first increases in 30 years in the school lunch program. but a topic that i'm sure many people and your colleagues in this room are interested in, so-called competitive foods, those foods that compete with the standard fare offered in the national school lunch program. we're working on those. equally important, healthy hunger-free kids act rule gave us the authority to set standards for all of the foods sold in schools during a school day, including those that are not part of a federally reimbursed meal. i know you're especially interested in this, we are very actively working on that right now and i hope to have the preliminary rule out within the next two weeks or so. some states and many local communities have already led the way in establishing these policies pertaining to competitive foods, requiring all foods and beverages served at the school during the school day that will help promote public

health and fight obesity. schools are extremely influential in this environment. we know from research done by the corcoran collaborative and others that school-based interventions can have a most positive impact on improving kids' diets. community eligibility, another aspect of our school-based programs. we're wanting to make sure that children across the country in fact have access to the school meals program, particularly so during the period of extended challenges we've been living through in the jobs environment and i was pleased to learn when i was in carolina last week meeting with the top state officials that north carolina is a state, each day runs data in the evening to make sure that a child whose household, that household income changes, that that child is immediately eligible for free or reduced price meals. what we're referring to is direct certification.

that's one of the priorities in the healthy hunger-free kids act, it's a way to, once again, make sure that children have access to -- affordably to meals, and carolina, north carolina, i should say, i think, is leading the nation in doing that daily. we also are making and have made changes in our women, infants and children's program. women, the women, infants and children's program targeted pregnant women, lactating moms, young infants, children up to age 5. that program, the wic program, now serves 53% of all the infants in the united states, the first year of life. and so it has a huge preventive health role, and that program, we made changes in the so-called food package a year ago last october that have been successfully implemented across the country.

we have about 65,000 wic stores, so-called, across the country. they're required to have more depth of stock, as we just described it, in terms of healthy foods and that has been successfully implemented. each month, about 9 million american moms and their children participate in the wic program. well, that new food package was based on recommendations that were made to us by the institute of medicine. well, that same institute of medicine has made recommendations to us to improve the nutrition standards in the foods served in child care centers across the country, through a program that we operate called the childhood outcare feeding program. we're very anxious to move forward with that. each day, about 3.3 million children attend child care, are served in child care either before or after or during school hours, based on age, and we know