Karl Herchenroeder

Congress should support a bill that would deliver “long overdue” independent research on social media’s impact on child development, said House Health Subcommittee Chair Anna Eshoo, D-Calif., at a hearing Wednesday. Commerce Committee Chairman Frank Pallone, D-N.J., also drew attention to the measure, HR-2161. The Children and Media Research Advancement Act would authorize a National Institutes of Health research program on the effects of tech and media on infants, children and adolescents. There would be $15 million for research 2022-24, and $50 million for 2025-26. The bill was reintroduced in March by Sens. Ed Markey, D-Mass.; Ben Sasse, R-Neb.; Roy Blunt, R-Mo.; Brian Schatz, D-Hawaii; Susan Collins, R-Maine; and Michael Bennet, D-Colo.; and Reps. Jamie Raskin, D-Md.; Anthony Gonzalez, R-Ohio; and Lori Trahan, D-Mass. Microsoft, Amazon, Google, Apple, Facebook, Charter Communications and the Internet Association support the legislation. Social media companies can’t be trusted to “do the right thing” for youth, said Eshoo. The bill would stop tech companies from evading scrutiny about their impact on child development, she said.

Lack of transparency on patent ownership is a threat to U.S. competitiveness and national security, said Senate Intellectual Property Subcommittee Chair Patrick Leahy, D-Vt., during a hearing Tuesday. Foreign companies can buy U.S. patents without the public knowing, said Leahy, who introduced legislation with ranking member Thom Tillis, R-N.C. The bill requires patent owners to record updated ownership information with the Patent and Trademark Office when a patent changes hands. Failure to record ownership information would mean entities aren’t allowed to recoup damages for IP ownership. China is an increasing threat on royalties involving 5G technology, laptops, connected cars and semiconductors, said Intel Senior Vice President Allon Stabinsky. He noted only one American company is on the list of top 10 patent holders. China has four, Europe has two and Japan one, he said: This has “profound implications” for American competitiveness, he said. The legislation proposes a reasonable and balanced remedy, said Engine IP Counsel Abby Rives: The patent owner can still seek reasonable royalties and lost profits but would give up the ability to push damages higher during the period the owner failed to disclose the required information.

The FTC study of ISP data collection practices could lead to enforcement or rulemaking proceedings, former agency officials said in interviews before Thursday’s meeting (see 2110140070). Chair Lina Khan and the majority of the commission clearly believe “they have something significant to say” about ISP data privacy practices, said former Consumer Protection Bureau Director Jessica Rich, now at Kelley Drye. “This is an area she said she’s very interested in focusing on.”

Different antitrust interpretations of the FTC and Sherman Acts create a “dangerous” enforcement divide between the FTC and DOJ, ex-FTC Chairman Tim Muris told a NetChoice panel Wednesday. Companies can expect different sets of rules based on agency, he said. Noting all chairs take over with their own agendas, ex-FTC acting Chief Technologist Neil Chilson, now a researcher at Stand Together, said Chair Lina Khan’s approach seems to be to “move fast and break things.” Khan has taken procedural measures, limited bipartisan potential and given herself more power, said Muris, noting Democrats made it easier for the agency to pursue rulemaking. It’s a move away from consensus antitrust enforcement, said ex-acting Chairman Maureen Ohlhausen, now at Baker Botts. This embracing of more rulemaking and regulation is a departure from the consumer welfare standard, said Ohlhausen: Some people feel antitrust has become too difficult to enforce, so this is a sidestep, creating questions about dual enforcement. The three panelists led the agency under Republican presidents. The agency didn't comment.

The Senate Homeland Security and Governmental Affairs Committee passed cyber incident reporting legislation Wednesday. It plans to attach the bill to the National Defense Authorization Act, mirroring efforts in the House (see 2110010045).

Congress will move forward with legislation to roll back Communications Decency Act Section 230 immunity and give victims of online harm legal remedies against amplified content, Senate Consumer Protection Subcommittee Chairman Richard Blumenthal, D-Conn., told reporters Tuesday. Members of the subcommittee are “very engaged” on the issue, and it’s going to be a priority to find consensus, said ranking member Marsha Blackburn, R-Tenn., speaking to reporters after a hearing with Facebook whistleblower Frances Haugen (see 2110010047).

Congress should investigate Facebook, subpoena its internal research about youths and block the platform’s plans to launch an Instagram for kids, consumer advocates told us Friday. They joined calls from Democrats and Republicans urging Facebook to drop those plans.

The House Judiciary Committee’s package of antitrust bills isn't ready for floor action, Chairman Jerry Nadler, D-N.Y., and House Antitrust Subcommittee Chair David Cicilline, D-R.I., told us Tuesday. The committee hasn’t asked leadership for floor time, Nadler said after the subcommittee’s hearing.

The Senate Commerce Committee’s privacy hearing Wednesday showed there’s “more commonality than expected,” Chair Maria Cantwell, D-Wash., told reporters. Federal preemption remains a hurdle, but ranking member Roger Wicker, R-Miss., told us he and Cantwell are going to “intensify” efforts to reach agreement over the next two months.

Senate Commerce Committee members told us they hope Wednesday’s consumer privacy hearing will reactivate privacy legislation discussions. But Senate Minority Whip John Thune, R-S.D., said leadership hasn’t been willing to engage in discussions, despite bipartisan potential from other members. Commerce Chair Maria Cantwell, D-Wash., said she’s focused on getting the FTC more funding.