Rep. Suzan DelBene, D-Wash., will reintroduce her privacy legislation (see 1912060035) sometime this quarter, an aide told us Friday. Observers said in interviews that this is the best chance Congress has had in recent years to pass a comprehensive privacy bill, in light of President Joe Biden’s election and a Democratic House and Senate.
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
President Joe Biden designated FTC Commissioner Rebecca Kelly Slaughter as acting chair, the agency announced Thursday. “I am deeply honored and grateful to lead an agency that is critical to helping the U.S. economy get back on its feet and function more fairly for all Americans,” Slaughter said.
The Department of Homeland Security will do a “thorough review” of its cybersecurity detection programs as a result of the Russia-linked SolarWinds attack, President-elect Joe Biden’s DHS secretary nominee, Alejandro Mayorkas, told the Senate Homeland Security Committee Tuesday. Mayorkas said the department will review its Einstein program and the continuing diagnostics and mitigation program to ensure they’re “appropriately designed and effectively executed.”
DOJ won’t terminate the ASCAP and BMI consent decrees, Antitrust Division Chief Makan Delrahim said Friday (see 2101070048). He recommended the department continue reviewing the music licensing decrees every five years.
Flo Health, developer of a popular women’s fertility-tracking app, misled users and improperly shared users' sensitive health data with third-parties including Facebook and Google, the FTC alleged in a 5-0 settlement announced Wednesday. Despite promises to keep the data private, Flo “disclosed health data from millions of users of its Flo Period & Ovulation Tracker app to third parties that provided marketing and analytics services to the app, including Facebook’s analytics division, Google’s analytics division, Google’s Fabric service, AppsFlyer, and Flurry,” the FTC said. Commissioners Rohit Chopra and Rebecca Kelly Slaughter dissented in part, saying the agency should have charged the company with violating the Health Breach Notification Rule, for which the agency has never brought action. Commissioner Noah Phillips disagreed with the Democrats: “We have never applied the Rule to a health app such as Flo in the past, in part because the language of the Rule is not so plain. And I do not support announcing such a novel interpretation of the Rule here, in the context of an enforcement action.” The company faces civil penalties of up to $43,792 for any future violations. Flo didn’t share usernames, addresses or birthdays, a spokesperson emailed, noting the settlement included no admission of wrongdoing: “We do not currently, and will not, share any information about our users’ health with any company unless we get their permission. We have a comprehensive privacy framework with a robust set of policies and procedures to safeguard our users’ data.” The consent order includes a company compliance review, the spokesperson added.
Comcast, Cisco, Verizon and T-Mobile suspended some political contributions, they said Monday and Tuesday, joining a growing list of companies acting due to the deadly riot at the Capitol (see 2101120061). Verizon emailed: “Like the vast majority of Americans, we watched last week’s events in Washington and were deeply saddened. As a result, we will be suspending contributions to any member of Congress who voted in favor of objecting to the election results." T-Mobile “suspended all of our PAC distributions, pending our reevaluation of our PAC giving,” the company clarified in a statement. Comcast will suspend contributions to officials who voted against Electoral College certification, a spokesperson emailed: “The peaceful transition of power is a foundation of America’s democracy. This year, that transition will take place among some of the most challenging conditions in modern history and against the backdrop of the appalling violence we witnessed at the U.S. Capitol last week. At this crucial time, our focus needs to be on working together for the good of the entire nation.” Cisco’s employee-sponsored PAC suspended “contributions to any of the 147 representatives and senators who attempted to prevent Congress from fulfilling its constitutional duty to certify a legitimate and fair presidential election.”
Congress will revisit the possibility of a federal moratorium on face-scanning technology in the upcoming session, House Oversight Committee Chair Carolyn Maloney, D-N.Y., told us. Industry representatives expect the Biden administration to push for tighter face-scanning regulation. Reps from CTA, BSA|The Software Alliance and the Information Technology Industry Council (ITI) said President Donald Trump’s most important artificial intelligence contribution will be his regulatory guidance to agencies.
Facebook, AT&T, Google, Microsoft, Intel and Airbnb said they’re limiting political contributions after Wednesday’s deadly riot at the Capitol. Also Monday, Amazon Web Services was hit with an antitrust lawsuit from Parler after AWS stopped hosting the social media service, which is popular with conservatives. The Computer & Communication Industry Association supported platforms’ right to suspend certain accounts involved “in the incitement of violence,” including President Donald Trump's. See here for our news bulletin on Twitter permanently yanking Trump's account Friday.
Communications Decency Act Section 230 should be rewritten and tweaked, not repealed, House Republicans told us after President Donald Trump failed to dismantle the statute through must-pass spending bills. House Democrats agreed there’s bipartisan consensus on the need to rework the tech industry’s liability shield.
Facebook extended its ban of President Donald Trump’s accounts on the platform and Instagram “indefinitely and for at least the next two weeks,” until Joe Biden takes office, CEO Mark Zuckerberg announced. Also Thursday, congressional critics and others in the telecom and tech spheres slammed Trump over his encouraging protesters to go to the Capitol, where several were reported by authorities to have been killed. See here and here for our reports. (Our reporter, who was trapped for several hours, was later able to safely leave, as were other journalists.)