ASPEN, Colorado -- The FCC is “far from gridlock,” despite the commission’s 2-2 split, but the agency could do more to reach “bipartisan, low-hanging fruit,” Commissioner Brendan Carr told us Tuesday before speaking on a Technology Policy Institute panel. “If you had asked me in January or February, do you think you’ll be in August without the White House naming a chair, I would have said no,” he said. “That said, hats off to the chair.”
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
ASPEN, Colorado -- Privacy is a policy area with bipartisan potential at the FTC, Commissioner Noah Phillips told us between panels at the Technology Policy Institute conference Monday, though he doubts the agency’s authority to issue rulemakings for the entire economy.
U.S. District Judge James Boasberg was right to dismiss the FTC’s antitrust case against Facebook (see 2106280057), but he created a road map for the agency to replead its monopoly case against the social network, antitrust attorneys said in interviews.
Broadcasters and the recording industry remain at odds over a longstanding legislative debate about the prospect of performance royalty payments for radio airplay. Interviews with NAB and former Rep. Joe Crowley, D-N.Y., chairman of musicFIRST, a group that represents artists’ interests, highlighted the divide.
TikTok is fielding a wave of user complaints about content takedowns and account suspensions, after the platform’s shift to more automated moderation. TikTok is removing content and accounts based on false violations, one user told us. Others expressed frustration over seemingly frivolous takedowns. Content moderation experts told us automation is necessary at TikTok’s scale, but the platform can act to minimize mistakes.
Senate Finance Committee Chairman Ron Wyden, D-Ore., Banking Committee ranking member Pat Toomey, R-Pa., and Sen. Cynthia Lummis, R-Wyo., were seeking a Saturday vote on language to clarify new cryptocurrency tax provisions included in the bipartisan Infrastructure Investment and Jobs Act substitute for shell bill HR-3684 (see 2108050064). They seek to narrow the definition of “broker” for digital asset third-party tax-reporting requirements. Software developers, e-wallet providers and miners shouldn’t face the same burdensome requirements as entities running crypto exchanges, they said.
The U.S. needs to do more to protect against Chinese theft of American data, Senate Intelligence Committee Chairman Mark Warner, D-Va., said at a hearing Wednesday. Sen. Ron Wyden, D-Ore., pushed for support for his Fourth Amendment Is Not for Sale Act (see 2104210053), which aims to end a legal loophole that allows data brokers to sell Americans’ personal information to law enforcement and intelligence agencies without Foreign Intelligence Surveillance Act court oversight. It would end the bulk sale of data to foreign entities, Wyden said. FTC Commissioner Christine Wilson recently endorsed the legislation. Evanina Group CEO Bill Evanina, an ex-director of the National Counterintelligence and Security Center, told the committee it’s unnecessary for China to buy the data because it can be taken for free due to the lack of cybersecurity defenses. He cited Equifax and other data breaches. Warner expressed frustration that U.S. companies are “giving up” on American values to gain access to Chinese markets, allowing the Chinese government to collect sensitive information about Americans. Vice Chairman Marco Rubio, R-Fla., agreed China is using American “corporate lust” against the U.S.
FTC Chair Lina Khan’s open meeting approach is drawing the ire of some Senate Republicans. Judiciary Committee ranking member Chuck Grassley, R-Iowa, told us he stands by his vote for Khan’s confirmation. Last week, Sens. Marsha Blackburn, R-Tenn.; John Cornyn, R-Texas; Thom Tillis, R-N.C.; Cynthia Lummis, R-Wyo.; and Bill Hagerty, R-Tenn., wrote Khan expressing concerns about the “FTC’s level of transparency.” They drew attention to the lack of opportunity for public comment leading to recent party-line votes (see 2107210061 and 2107010081).
Facebook should release internal research about potentially harmful impacts of its platforms, including Instagram for kids, on children’s mental health, Senate Consumer Protection Subcommittee Chairman Richard Blumenthal, D-Conn., and ranking member Marsha Blackburn, R-Tenn., wrote the company Wednesday. They noted that a hearing is planned for September, for which they asked a Facebook senior executive to testify. They asked CEO Mark Zuckerberg to explain how internal research is “used to further promote and market their products to young users.” Facebook welcomes "productive collaboration" with Blumenthal and Blackburn "to keep young people safe online," a spokesperson emailed. "Just last week we shared significant updates on our work in this area, including defaulting those under 16 into private accounts when they join Instagram. For those under 13, the reality is that they’re already online, so we’re creating an experience for them that is age-appropriate, and managed by parents.”
Government must better understand how social media transmission of “hateful” content leads to violence, said Senate Homeland Security Committee Chairman Gary Peters, D-Mich., during a hearing Tuesday. The committee will examine the issue throughout the year, he said. Ranking member Rob Portman, R-Ohio, expressed disappointment officials didn’t testify about how agencies are addressing the problem. Five years after a Permanent Subcommittee on Investigations hearing with witnesses from the Department of Homeland Security, FBI and State Department, extremists are still exploiting platforms, said Portman. Congress must change the way the federal government approaches domestic terrorism, said Peters. The committee released a bipartisan report Tuesday saying seven of eight federal agencies are failing to comply with baseline cybersecurity requirements under the Federal Information Security Modernization Act. It describes systemic failures at the State, Transportation, Housing and Urban Development, Agriculture, Health and Human Services, and Education departments and the Social Security Administration. The report cites failures to protect personal information, to “maintain accurate and comprehensive IT asset inventories, to maintain current authorizations to operate for information systems, to install security patches quickly, and to retire legacy technology no longer supported by the vendor.”