Senate Intelligence Not Planning Open Hearing on Phone Surveillance Program

The Senate Intelligence Committee's “not planning” an open hearing on USA Patriot Act Section 215, Chairman Richard Burr, R-N.C., told us. That's despite requests from Democratic members Ron Wyden, Ore., and Martin Heinrich, N.M. (see 1911060045).

The committee held a closed briefing Thursday on Section 215, ranking member Mark Warner, D-Va., told us. He will ask the chairman for an open hearing. “Even NSA has shut down some parts of the program. There are some parts that are needed, some parts” unused, Warner said. Offices for Burr, Wyden and Heinrich didn’t comment further.

Both Republicans and Democrats on the Senate Judiciary Committee recently expressed skepticism the call detail records program should be reauthorized. Section 215 and other surveillance authorities expire Dec. 31.

Meanwhile, the Senate Commerce Committee plans a data privacy hearing Dec. 4 (see 1910310064), Chairman Roger Wicker, R-Miss., told reporters. He hopes the committee will consider a long-awaited privacy bill from him and ranking member Maria Cantwell, D-Wash. The committee also expects to consider proposals from Senate Judiciary Committee members, he said: the Balancing the Rights of Web Surfers Equally and Responsibly (Browser) Act (S-1116) from Sen. Marsha Blackburn, R-Tenn., and the Do Not Track Act from Sen. Josh Hawley, R-Mo. (see 1905200036).

Wicker, Cantwell and Sen. Brian Schatz, D-Hawaii, signaled that passing a privacy bill in 2019 is unlikely. “What do you think those odds are?” Cantwell asked us. She laughed at a comment that odds aren’t good. “I’m bullish on privacy, for sure, but this place is a complicated place around here on scheduling, but we’re making good progress,” she said.

Asked if there's any breakthroughs on privacy, Wicker said he and Cantwell are on the 4-yard line, noting he didn’t specify which 4-yard line. He offered more optimism in a follow-up interview: “We’ve got a real chance” to pass privacy legislation before the new year. “Obviously, there are two houses and a lot of processes.” Schatz has “medium-low” confidence about passing a bill this year. The original privacy working group (see 1906270053) “hasn’t physically met in a little while,” he said.

Senate Judiciary Committee Chairman Lindsey Graham, R-S.C., is trying to strike a deal with Sen. Richard Blumenthal, D-Conn., that would “childproof” mobile apps (see 1910210067). “We’re getting really close on issues involving children and childproofing some of these apps,” Graham told us. “We’re going to see if [Blumenthal and I] can come together, and then we’ll build out.” Blumenthal confirmed he’s in discussions with Graham and that other lawmakers are interested in the topic.

Hawley continues to probe data security concerns about Chinese social media company TikTok (see 1911050059). The next step is to “take a hard look” at how its business model operates, specifically its relationship with Beijing. TikTok is collecting data on the scale of Facebook and Google, he said.