Meta needs to provide the House Judiciary Committee with any communication the company had with the executive branch concerning content moderation on its new platform Threads, Chairman Jim Jordan, R-Ohio, wrote Meta CEO Mark Zuckerberg on Monday. Jordan extended the scope of his Feb. 15 subpoena requesting any communications with the administration regarding the company’s content moderation practices. Since the subpoena, the committee has received additional evidence that the federal government “coerced or colluded” with tech companies to moderate content, said Jordan. He noted a federal court’s July 4 decision to block administration officials from communicating with tech companies over moderation decisions on First Amendment grounds (see 2307120065). The subpoena is “continuing in nature, and the instructions and definitions accompanying the subpoena make clear that documents and information related to Threads ... are within the scope of the subpoena,” wrote Jordan. Meta didn’t comment.
The House voted 219-210 largely along party lines Friday to pass its version of the FY 2024 National Defense Authorization Act (HR-2670) with only one of a series of proposed amendments on tech issues (see 2307100063). The chamber agreed by voice vote earlier in the day to attach language from Reps. Warren Davidson, R-Ohio, and Sara Jacobs, D-Calif., that mirrors the Fourth Amendment Is Not For Sale Act proposed during the last Congress. The proposal would eliminate a statutory loophole that allows data brokers to sell Americans’ personal information to law enforcement and intelligence agencies without court oversight. It would create warrant requirements for obtaining web browsing history, internet search history and other Fourth Amendment-protected information of people in the U.S.
Sen. Ed Markey, D-Mass., also asked to be recorded as a no vote on renominated Republican FCC Commissioner Brendan Carr during a Wednesday Senate Commerce Committee meeting (see 2307120073).
Legislation Democrats reintroduced Thursday would ban algorithms that “discriminate” based on race, age, gender, ability and other characteristics. Sen Ed Markey, D-Mass., reintroduced the Algorithmic Justice and Online Platform Transparency Act with Rep. Doris Matsui, D-Calif. The legislation attempts to hold platforms accountable “for their content amplification and moderation practices.” The bill would commission a government investigation about discriminatory algorithms.
The White House formally sent the Senate the nominations of Andrew Ferguson and Melissa Holyoak to be FTC commissioners Tuesday (see 2307030039). If confirmed, Ferguson would serve the remainder of ex-Commissioner Noah Phillips’ term (see 2210140048), plus a seven-year term starting in September. Holyoak would serve the remaining years of ex-Commissioner Christine Wilson’s seven-year term (see 2303020048), which began in September 2018.
The House Communications Subcommittee plans to mark up the NTIA Reauthorization Act (HR-4510) and 10 other agency-centric tech and telecom bills Wednesday, the Commerce Committee said Monday. The subpanel examined draft versions of the measures during a May NTIA oversight hearing (see 2305230067). HR-4510 would elevate the NTIA administrator’s affiliated role as assistant Commerce secretary-communications and information to an undersecretary level. It would set NTIA’s annual appropriations at $62 million in both FY 2024 and FY 2025. The agenda includes three spectrum-focused bills: the Spectrum Relocation Enhancement Act (HR-3430), Spectrum Coexistence Act (HR-3431) and Commerce Spectrum Coordination Act (HR-4513). HR-3430 would make changes to what relocation or sharing costs are eligible for reimbursement from the Spectrum Relocation Fund and alter how federal agencies receive payments from the program. HR-3431 would require NTIA to establish a working group to update criteria and other measures for federal radio receivers. HR-4513 would codify the existing Commerce Spectrum Management Advisory Council. Also on the docket: the AI Accountability Act (HR-3369); DiasporaLink Act (HR-3385); Novel, Advanced, Spectrum and Communications Technology Networks Promotion Act (HR-4504); Proper Leadership to Align Networks for Broadband Act (HR-4505); Timely Evaluation of Acquisitions, Mergers or Transactions with External, Lawful Entities to Clear Owners and Management Act (HR-4506); Public Safety Communications Act (HR-4511); and Digital Economy Cybersecurity Advisory Act (HR-4512). NTIA “plays a key role in closing the digital divide and strengthening American leadership in next-generation communications technology,” but its “duties have changed since it was last reauthorized more than 30 years ago,” said House Commerce Chair Cathy McMorris Rodgers, R-Wash., and Communications Chairman Bob Latta, R-Ohio, in a statement. “It’s Congress’s responsibility to re-evaluate these duties and authorities and make sure the agency has the tools and congressional guidance needed to carry them out.” The markup session will begin at 10 a.m. in 2123 Rayburn.
FTC Chair Lina Khan is scheduled to appear before the House Judiciary Committee July 13 in a hearing on agency “mismanagement” and her “disregard for ethics,” committee Republicans announced Thursday. House Judiciary Committee Chairman Jim Jordan, R-Ohio; House Commerce Committee Chair Cathy McMorris Rodgers, R-Wash.; and Senate Commerce Committee ranking member Ted Cruz, R-Texas, have been probing FTC leadership under Khan (see 2306280063). The agency didn’t comment Thursday.
President Joe Biden announced two Republicans with antitrust backgrounds Monday to potentially serve as FTC commissioners. Biden plans to nominate Virginia Solicitor General Andrew Ferguson and Utah Solicitor General Melissa Holyoak. Ferguson previously was chief counsel to Senate Republican Leader Mitch McConnell, R-Ky., between 2019 and 2021. He practiced antitrust law at several D.C. law firms, where he represented clients before the FTC and DOJ. Ferguson worked on Capitol Hill for Sens. Chuck Grassley, R-Iowa, and Lindsey Graham, R-S.C. Holyoak manages civil appeals, criminal appeals, constitutional defense and special litigation for the Utah attorney general’s office and its antitrust and data privacy divisions. She previously was general counsel at the Hamilton Lincoln Law Institute and worked as an attorney at O’Melveny. A former prosecutor, she has argued before the 5th, 7th, 8th, 9th, 10th and D.C. Circuits. Chair Lina Khan praised the two, saying each "would bring key skills, experiences, and expertise" to the agency.
The Senate Judiciary Committee is “gravely concerned” Instagram lacks the “motivation” to stop the promotion of child sexual abuse material (CSAM) on its platform, Chairman Dick Durbin, D-Ill., and ranking member Lindsey Graham, R-S.C., wrote Friday in a letter to Meta CEO Mark Zuckerberg. Other signers included Marsha Blackburn, R-Tenn.; Amy Klobuchar, D-Minn.; and Chuck Grassley, R-Iowa. They cited reports (see 2306140051) that Instagram’s algorithms promote and facilitate “sexual interest in and activity with children,” including the sharing of CSAM. Findings from Stanford scholars show the company has a “general lack of resources devoted” to stopping the spread of CSAM, they said. The company didn’t comment.
The National Education Association, American Federation of Teachers, American Library Association and 13 other education groups endorsed FCC nominee Anna Gomez Wednesday and urged “a quick vote to confirm her.” Gomez’s confirmation prospects appear strong (see 2306270067) after facing tough but not overly negative questioning last week at a Senate Commerce Committee confirmation hearing. Gomez’s “extensive experience” at the FCC and NTIA “has prepared her well to serve as an FCC Commissioner and afforded her a deep understanding of the telecommunications issues, policies, and programs on which the education and library community has long been focused,” the groups said in a letter to Senate Commerce Chair Maria Cantwell, D-Wash., and ranking member Ted Cruz, R-Texas. “Our organizations’ central concern remains the preservation and enhancement of the E-Rate program, which provides deep discounts to schools and libraries on broadband services and Wi-Fi services. Additionally, we support further efforts to address the so-called ‘homework gap,’ including continuing" the FCC’s affordable connectivity program and emergency connectivity fund “and allowing E-Rate support to extend to the provision of Wi-Fi on” school buses. “Our organizations were heartened by” Gomez’s testimony to Senate Commerce that “recognized the importance of broadband connectivity for everyone,” the groups said: They also praised her testimony in support of E-rate.