House Consumer Protection Subcommittee Chair Jan Schakowsky, D-Ill., hopes for a bipartisan agreement with ranking member Cathy McMorris Rodgers, R-Wash., on privacy legislation (see 1909060046). If one isn't reached, Schakowsky's prepared to move forward alone. “I’m more and more hopeful that we’re going to have a bipartisan bill, and once we confirm that, we can put out a draft for people to see,” Schakowsky told us last week. “If not, we’re still going to move forward, but I’m hopeful.”
Karl Herchenroeder
Karl Herchenroeder, Associate Editor, is a technology policy journalist for publications including Communications Daily. Born in Rockville, Maryland, he joined the Warren Communications News staff in 2018. He began his journalism career in 2012 at the Aspen Times in Aspen, Colorado, where he covered city government. After that, he covered the nuclear industry for ExchangeMonitor in Washington. You can follow Herchenroeder on Twitter: @karlherk
It’s key that DOJ and the FTC clearly divide tech industry investigations to avoid wasted resources and contradictory findings, Senate Judiciary Committee members said in recent interviews. The FTC confirms it’s investigating Facebook for potential antitrust violations, and DOJ is reportedly weighing its own probe of separate but related Facebook conduct. FTC Chairman Joe Simons and DOJ Antitrust Division Chief Makan Delrahim recently acknowledged the agencies wasted resources on interagency squabbling (see 1909170066).
No matter how sophisticated technology for combating deep fakes and disinformation is, it’s useless without buy-in from large tech platforms, which profit from the rise of sensational content, the House Investigations and Oversight Subcommittee heard Thursday. The worry is companies like Facebook, YouTube and Twitter are more focused on growth than oversight and user support functions, said Rep. Jennifer Wexton, D-Va. Platforms disclaim responsibility for user content and have a disincentive to purge fake and bot accounts, she said. Wexton cited a July 2018 report on how Twitter’s stock dropped 8.5 percent after it purged 70 million suspicious accounts over two months. Twitter shares increased about 20 percent between January and December 2018.
Tech industry representatives and experts disagreed about the wisdom of legislation from Sen. Chris Coons, D-Del., to “strengthen” the U.S. patent system. Introduced in July, the Support Technology and Research for Our Nation's Growth and Economic Resilience (Stronger) Patents Act (S-2082) would alter the Patent and Trademark Office inter partes review system and partially reverse the Supreme Court’s 2016 eBay decision.
The House Judiciary Committee cleared legislation that would establish a voluntary small claims board within the Copyright Office (see 1909100069), despite warnings from Rep. Zoe Lofgren, D-Calif. The measure passed by voice vote Tuesday. The Senate Judiciary Committee in July unanimously advanced the Copyright Alternative in Small-Claims Enforcement (Case) Act (HR-2426/S-1273) to the floor, despite opposition from Public Knowledge and the Center for Democracy & Technology. Chairman Jerry Nadler, D-N.Y., successfully offered an amendment with technical revisions, including provisions that freeze caps on fees and monetary damages for three years. Lofgren supports the goal -- to allow creators filing copyright claims an alternative to federal court -- but cited free-speech concerns from the American Civil Liberties Union, Computer and Communications Industry Association, Internet Association and Mozilla. She ultimately supported this legislation, but said if speech issues on notice and takedown aren’t addressed, the plan won’t pass the Senate. It’s sad if one senator holds up bill, which has been out for a long time, said ranking member Doug Collins, R-Ga., who sponsored the bill with Rep. Hakeem Jeffries, D-N.Y. Groups like the ACLU should have participated in the public process, he added. Copyright infringement isn’t a victimless crime, and the bill will aid content creators like musicians and photographers who can’t justify costs of taking claims to federal court, said Jeffries. The Copyright Alliance applauded Tuesday's passage, saying it will help hundreds of thousands of content creators. PK said the legislation “falls short.” A small claims court “needs to be accountable, appealable, and limited to reasonable damage levels,” said Policy Counsel Meredith Rose Wednesday. “The system envisioned by CASE is none of those. It lacks meaningful appealability, and offers damage caps that are higher than the median income for over a quarter of all Americans.”
Sen. Ed Markey, D-Mass., plans to introduce legislation in September or October on strategies websites use to “glue” children to devices, said Senior Policy Adviser Joseph Wender Thursday. Markey, who will prioritize two other privacy-related legislative items after congressional recess, is having ongoing conversations with lawmakers about co-sponsoring the Kids (Kids Internet Design and Safety) Act, Wender told us after a Family Online Safety Institute event.
France’s digital service tax (DST) is a radical departure from international norm, discriminates against U.S. companies and undermines efforts to reach global, multilateral consensus on the digital economy, tech companies and trade groups told U.S. officials Monday (see 1908140056). Witnesses from Facebook, Google, Amazon, the Information Technology and Innovation Foundation, the Computer & Communications Industry Association and the Information Technology Industry Council testified before the Office of the U.S. Trade Representative and officials from various federal agencies. Representatives from the departments of Commerce, State, Agriculture, Homeland Security and others questioned tech witnesses as part of the USTR’s Section 301 investigation of France’s DST.
It’s a “significant problem” that consumers lack the ability to opt out of doing business with credit reporting agencies like Equifax, which collect data indirectly, Information Technology and Innovation Foundation Vice President Daniel Castro said during an interview on C-SPAN's The Communicators to be televised Saturday and posted here Friday. There are legitimate questions about government oversight for credit entities, he said. Castro believes policymakers should consider ways to make certain types of consumer data less valuable. Social Security numbers, one of the most valuable pieces of information, shouldn’t be the sole input for verifying identity, he said. Castro was asked about ITIF’s study on the cost of the U.S. adopting a federal privacy law mirroring laws in the EU or California (see 1908050058). The key is to create a privacy law at reasonable cost, he said: Consumers should have enhanced privacy, but they should retain access to innovative products and services. On data breaches, such as those that Capital One, Equifax and Target have suffered, the analyst said that companies could offer customers a "menu of options" such as password-storage or other services rather than frequent credit monitoring at no cost. He noted that such monitoring is often provided for free, anyway. Equifax didn't comment right away Thursday.
A tech-communications industry coalition plans to publish a white paper this quarter proposing baseline IoT security standards, said CTA Vice President-Technology and Standards Michael Bergman Tuesday. The document for the so-called C2 Consensus on IoT Device Security will parallel similar IoT baseline setting efforts (see 1908010054) from NIST, he said during a workshop at agency headquarters.
Microsoft, Sony and Nintendo will require videogame publishers to disclose the odds of users receiving certain in-game items from loot box purchases starting in 2020, Entertainment Software Association Chief Counsel-Tech Policy Michael Warnecke said Wednesday at the FTC’s loot box workshop. Industry has trended toward offering more disclosure of loot box practices after heightened scrutiny from Capitol Hill.