Your update on important Internet policy issues
OUTLOOK
President Biden delivered his State of the Union address on February 7 before the closely-divided 118th Congress asserting that his policy agenda is producing positive results for the American people, including progress in fighting off inflation and recession threats. The President touted his administration’s successes in leading the country out of the pandemic crisis with resilience. Going forward, Biden’s theme
is “we need to finish the job.” On February 20, in a show of continued, steadfast U.S. support, President Biden made a risky and unannounced visit to Ukraine just prior to the first anniversary of the war with Russia, for which he won some notable bipartisan praise. Among the pressing near-term challenges ahead is the need for President Biden to reach agreement with Congress on raising the debt limit so that the U.S. avoids a default later this year and continues to meet its existing financial obligations. Some Republicans, who hold a slim majority in the House of Representatives, are demanding that President Biden agree to spending cuts in exchange for raising the debt ceiling. U.S. Treasury Secretary Janet Yellen has said that she is willing to negotiate with Republicans in Congress over the Biden administration’s budget proposal to be unveiled on March 9, but not as a condition of raising the debt ceiling. She has noted that the United States cannot bargain over whether or not it is going to pay its current bills, and that is simply a fundamental responsibility of the government. House Republican leaders have developed detailed plans to conduct oversight of the Biden administration and have begun to schedule hearings and launch investigations. The Senate, controlled by the Democrats, is continuing to focus on confirmation hearings for administration nominees. Multiple House and Senate Committees, as well as the Biden administration and agencies, added to their immediate workload some major investigations into a tragic freight rail derailment in Ohio on February 3 involving spillage of toxic chemicals into a community, which made front-page headlines for days.
TECH POLICY PRIORITIES
Section 230/Intermediary Liability. Justices across the Supreme Court’s ideological spectrum appeared to be reluctant to issue sweeping rulings on Section 230 liability protection during the February 21 and February 22 oral arguments in Gonzalez v. Google and Twitter v. Taamneh. A number of the Justices seemed unconvinced by the plaintiffs’ arguments in Gonzalez and suggested Congress was better equipped to settle the matter. Justice Ketanji Brown Jackson offered unexpected pushback against that developing consensus. She interpreted Section 230 as applying strictly to hosting and transmission of user content—with organizing, ranking, and display falling outside the law’s purview. Decisions in both cases are expected later, by June 2023.
Federal Privacy. Comprehensive federal consumer data privacy and protection legislation has not been introduced to date in the new 118th Congress. The House Energy & Commerce Subcommittee on Innovation, Data, and Commerce noticed a March 1 hearing on the topic generally, without reference to a specific legislative proposal. In the Senate, a more narrow focus on the issue of children’s online privacy protection seems to be drawing interest and attention so far.
Copyright/IP. The rise of AI technology is fueling a flurry of policy discussions about how intellectual property law principles, among other things, will apply to this new frontier. In a closely watched case, the Copyright Office, after a second legal review, supported in part a copyright registration for a comic book involving the use of AI to create images for the work.
The Copyright Office issued a letter on February 21 explaining its determination that a copyright registration could be allowed for the comic book’s text and the “selection and arrangement of images and text,” but not for individual AI-generated images themselves. The U.S. The Patent and Trademark Office has announced a plan to seek public input on inventorship issues arising from the development of AI.
Antitrust/Competition. The major antitrust legislative debates directed at Big Tech that ultimately stalled in the prior Congress have not restarted in the new 118th Congress. Antitrust activity currently centers around the court system and a number of major lawsuits filed against Big Tech companies by the Department of Justice and the FTC.
Broadband. Congress is continuing negotiations to reauthorize the FCC’s spectrum auction authority. On February 27 the House passed an extension through May 19 to allow talks to continue toward a final agreement on a spectrum package later this year. Senate approval of that extension is also required. The Biden administration continues to promote its rollout of the “Internet For All” broadband funding grant programs for underserved and unserved communities made possible by the American Rescue Plan and the Bipartisan Infrastructure Law. Vice President Harris summarized progress in the broadband programs to date and ongoing goals in a February 27 speech in South Carolina. She reported that the NTIA is on track to announce allocations for the Broadband, Equity, Access, and Deployment (BEAD) program by June 30, 2023. This program is the largest single tranche of funding and will provide nearly $42 billion nationwide. Some controversy has persisted about new FCC broadband maps and the accuracy of coverage data, with key lawmakers asking for more time to allow stakeholders to challenge the accuracy of the National Broadband Map. FCC Chair Jessica Rosenworcel has responded to those Congressional concerns by pointing out that the Broadband DATA Act envisions ongoing challenges to the map and that the FCC is ready to continue to work with all stakeholders to receive feedback and to continue to improve the National Broadband Map over time as a work that is always in progress, just as Congress intended it to be.
ISSUES
Section 230/Intermediary Liability
SCOTUS: Gonzalez Oral Argument on Section 230 – Justices across the Supreme Court’s ideological spectrum appeared reluctant to issue sweeping rulings on Section 230 liability protection during lengthy oral arguments in Gonzalez v. Google and Twitter v. Taamneh on Feb. 21 and Feb. 22.
â—Ź The two cases both deal with whether online platforms should be responsible for harmful effects of the content they host and were both filed by the families of people killed in ISIS terrorist attacks in 2015 and 2017. The plaintiffs claim that Google and Twitter helped to aid terrorist recruitment on their platforms and thus violated the law.
● While the Justices’ questions in an oral argument do not always line up with how the Supreme ultimately rules, they do indicate how the Justices are thinking about a case. In Gonzalez, the Court is addressing the question of whether Google could be held liable and not protected by Section 230 immunity for so-called “targeted recommendations” of YouTube videos made by its algorithms. Justices Samuel Alito, Elena Kagan, Brett Kavanaugh, and even noted 230 skeptic Clarence Thomas were seemingly unconvinced by the Gonzalez petitioners’ arguments and suggested Congress was better equipped to settle the matter. Several expressed that they were confused by the Gonzalez Petitioners’ and Solicitor General’s presentations and commented that they had not been provided a clear way to “draw the line” in the case between Section 230 protection and liability involving algorithmic recommendations. Justice Kavanaugh highlighted many of the economic and technological scope arguments from amicus briefs filed in support of Google warning that an ill-informed Court ruling could upend the Internet’s operation as we know it, and crash the digital economy, thereby causing massive economic dislocation and chaos.
● Justice Ketanji Brown Jackson offered unexpected pushback against the developing consensus, however. She argued Section 230 applied strictly to hosting and transmission of user content—with organizing, ranking, and display falling outside the law’s purview. Justice Gorsuch also seemed to be trying to find a way to remand the case for further proceedings.
â—Ź The Taamneh case argued one day later addresses whether Twitter and other social platforms can be liable for “aiding and abetting” under the antiterrorism statute. Many of the Justices seemed wary of concluding that Twitter could be sued, not finding a direct causal link between the content on websites and the terrorist attacks sufficient to support lawsuits by victims’ families.
● Decisions in both cases are expected by the end of the Supreme Court’s current term in early summer 2023.
Congress: Bills Propose Age Restrictions for Social Media – Rep. Chris Stewart (R-UT) has introduced legislation to ban children under sixteen from accessing social media. The Social Media Child Protection Act would require platforms to verify users’ ages, create a private right of action for parents to sue companies that fail to keep underage users off their platforms and empower federal and state authorities to enforce the provisions of the law. Sen. Josh Hawley (R-MO) introduced similar legislation in the Senate on Feb. 14. Neither proposal is likely to pass Congress, though the general approach appeared to garner support from Sen. Michael Bennet (D-CO) and Commissioner Alvaro Bedoya of the FTC.
House & Senate GOP: Jordan, Cruz Expand Big Tech Censorship Investigation – During February, Republicans expanded Congressional investigations into alleged Big Tech censorship of conservative viewpoints. First, Senate Commerce Committee Ranking Member Cruz launched an investigation into Meta, Google, Twitter, and TikTok and their use of recommendation algorithms, downranking, and filtering. Cruz equated limiting a user’s reach to censorship in a series of letters to the companies’ chief executives. Then, House Judiciary Chairman Jim Jordan (R-OH) subpoenaed the chief executive officers of Alphabet, Amazon, Apple, Meta, and Microsoft for documents and communications relating to alleged collusion between social media companies and the federal government to suppress conservative speech online. More of this investigation activity is expected; however, the House Energy and Commerce Committee reportedly has no plans for a section 230 hearing in the immediate future.
House: Judiciary Chair Jordan Request to DOJ for Communications Between Biden Admin, Social Media – On Feb. 8, House Judiciary Committee Chairman Jim Jordan (R-OH) requested that the Department ofJustice turn over any communications between administration officials and social media employees produced as part of an ongoing federal civil lawsuit. The lawsuit, led by the Republican Attorneys General of Missouri and Louisiana, alleges the Biden administration colluded with social platforms to suppress disfavored speakers, viewpoints, and content. Chairman Jordan’s request marks the latest salvo in GOP efforts to substantiate claims that government coercion played a role in the alleged censorship of conservatives on social media.
Senate: Internet PACT Act Reintroduced – On February 16, Sens. Brian Schatz (D-HI) and John Thune (R-SD) reintroduced S. 483, the Internet Platform Accountability and Consumer Transparency (Internet PACT) Act, bipartisan legislation designed to hold social media companies accountable for content that violates their own content moderation policies or is illegal. The bill requires online platforms to explain their content moderation practices in an acceptable use policy that is easily accessible to consumers, notify affected consumers of moderation decisions within 21 days, and provide an opportunity to appeal. It would also exclude federal civil lawsuits brought by federal regulators or state attorneys general from Section 230 liability protection, among other provisions. In addition to Schatzand Thune, the Internet PACT Act is cosponsored by Sens. Tammy Baldwin (D-WI), John Barrasso (R-WY), Ben Ray Luján (D-NM), Bill Cassidy (R-LA), Shelley Moore Capito (R-WV), and John Hickenlooper (D-CO).
Senate: Manchin, Cornyn Reintroduce Bill Requiring Social Media to Report Illegal Activity – Sens. Joe Manchin (D-WV) and John Cornyn (R-TX) reintroduced the See Something, Say Something Online Act, which would amend Section 230 to require social media companies to report illegal activity on their platforms. Specifically, the bill mandates platforms to report suspicious transactions over $10,000 or other activity that may be linked to illegal drug sales, hate crimes, murder, or terrorism. It also establishes an office within the Department of Justice (analogous to the Treasury’s Financial Crimes Enforcement Network) to serve as a clearinghouse for such reports.
Senate: Judiciary Hearing on Protecting Children Online – On Feb. 14, the Senate Committee on the Judiciary held a well-attended hearing entitled “Protecting Our Children Online” to discuss the health, safety, and well-being implications of social media on children.
â—Ź The witness panel included: Kristin Bride, Survivor Parent, and Social Media Reform Advocate; Emma Lembke, Founder, Log Off Movement; Michelle C. DeLaune, President and CEO, National Center for Missing & Exploited Children; John Pizzuro, CEO, Raven; Mitch J. Prinstein, PhD, ABPP, Chief Science Officer, American Psychological Association; and Josh Golin, Executive Director, Fairplay.
● Nearly every Senator attending the hearing accused social media companies of engaging in predatory business practices with respect to children and expressed support for greater accountability measures. Chairman Durbin said Big Tech platforms would be invited to testify on this topic soon. He also mentioned there would be a major markup of a number of legislative proposals related to kids’ online safety later this year. Bills from the prior Congress, including the EARN IT Act, the Kids Online Safety Act, and the Platform Accountability and Transparency Act, came up a number of times during the hearing. At the close of the hearing, Chairman Durbin expressed hope that the bipartisan agreement shown at the hearing that something needs to be done would lead to the passage and enactment of legislation to help children and teens. Durbin noted that he had spoken with Senate Commerce Committee Chair Maria Cantwell about overcoming committee jurisdictional obstacles and working together toward this goal. He said the “urgency” of the issues must propel Congress past prior obstacles.
House: Oversight & Accountability Committee Markup of Social Media Censorship Legislation – On Feb. 28, the House Oversight and Accountability Committee will hold a full committee markup addressing two bills about government censorship of social media. Under the new Republican leadership, which has made clear it will ramp up oversight in this Congress, a number of other House committees are also marking up and finalizing their authorization and oversight plans for the 118th Congress. For example, the House Committee on Energy and Commerce approved its Authorization and Oversight Plan on a
broad range of issues for the 118th Congress.
California: Parents Lawsuit Against Social Media Platforms – Attorneys for California parents who allege social media use harmed their children filed a consolidated lawsuit in federal court against leading tech companies, including Alphabet, ByteDance, Meta, and Snap Inc. The case, filed in the Northern District of California, is set to test a novel legal theory equating algorithmic recommendation engines to defective products. The plaintiffs allege algorithmic recommendations can lead to anxiety, depression, and eating disorders in kids as well as sexual exploitation of minors.
i2Coalition’s Perspective – i2Coalition will continue its work to educate policymakers about the complexities of the Section 230 debate and threats posed to the entire Internet ecosystem beyond the largest tech social media platforms if uninformed legislation is adopted or legal cases are wrongly decided. In 2022, the i2Coalition joined with other prominent tech trade associations in a letter to the Senate Judiciary Committee to defeat further consideration of the ill-advised EARN IT Act. Throughout 2022, the i2Coalition built on its existing collaboration with our key allies in the library and higher education communities to promote a full understanding of the scope of Section 230. The i2Coalition filed an amici brief with the U.S. Supreme Court in Gonzalez v. Google LLC on January 18, 2023, to advance the Court’s accurate understanding of the scope and impact of Section 230’s immunity protections for Internet intermediary providers. Similarly, in the new 118th Congress, the i2Coalition will continue to inform and educate policymakers if misplaced enforcement and procedural approaches to online problems are proposed (e.g., the DRUGs Act).
Privacy
House: E&C Subcommittee Mar. 1 Hearing on Federal Consumer Data Privacy Standard – On March 1, the House E&C Subcommittee on Innovation, Data, and Commerce will hold its first hearing of the 118th Congress focused directly on data privacy. The hearing is titled “Promoting U.S. Innovation and Individual Liberty through a National Standard for Data Privacy.” The witnesses are: Alexandra Reeve Givens, President and CEO, Center for Democracy & Technology, Graham Mudd, Founder and Chief Product Officer, Anonym, and Jessica Rich, Of Counsel and Senior Policy Advisor for Consumer Protection, Kelley Drye & Warren LLP. Committee staff is still working on changes to the American Data Privacy and Protection Act (ADPPA), and, at this time, the goal reportedly is to reintroduce a bipartisan bill. However, the new GOP majority’s desired revisions to the text may prevent Democrats from cosponsoring.
Senate: Commerce Committee Ranking Member Views on Children’s Privacy – On the Senate side, Commerce Committee Ranking Member Cruz recently told reporters he thought lawmakers should focus on children’s privacy. He thinks the most likely area to see privacy legislation move forward in this Congress concerns protecting kids, and that it is the easiest place to get bipartisan agreement, but recognized that further negotiations are still ongoing.
i2Coalition’s Perspective – i2Coalition works closely with U.S. policymakers to educate about and maximize understanding of the business impacts of privacy and data collection legislation and regulation affecting the technology sector in the U.S. and globally. On October 6, 2022, in Washington, and on December 6 in Brussels, the i2Coalition and eco hosted timely webinars on the status of the EU-US Data Privacy Framework, with panelists from government, industry, and civil society. The i2Coalition will continue to follow EU-US efforts on transatlantic data flows policy making and engage with the responsible U.S. Department of Commerce officials and staff and with our EU allies and partners. In the 118th Congress, we will continue to focus on presenting substantive updates and educational resources to Congress and federal policymakers about the work we are doing and the progress being made with ICANN and NTIA on the development of a sound, workable global access model for domain name registration data meeting the requirements of the GDPR and federal and state laws, and the needs of law enforcement agencies. In Congress and before the Biden Administration, we will continue to emphasize the need to combine enhanced privacy policies with the ability to deploy strong encryption, unencumbered by backdoors, as primary tools we leverage in order to keep people safe online.
Copyright/IP
House Judiciary IP Subcommittee Oversight Plan – The House Judiciary Committee issued an oversight plan on Feb. 28 which includes a section on the activities of the IP subcommittee. The IP subcommittee will conduct oversight over the Copyright Office, the USPTO, as well as Internet Corporation for Assigned Names and Numbers (ICANN). The IP subcommittee’s oversight of ICANN will include consideration of how its operations affect intellectual property and data privacy, as well as the transparency of ICANN’s operations and procedures. The plan also outlines the IP subcommittee’s plan to examine provisions of the Copyright Act, Patent Act, Trademark Act, Defend Trade Secrets Act, and other intellectual property laws and policies to ensure they address the challenges faced by intellectual property owners and users, consumers, creators/inventors, businesses and manufacturers, and other participants, as well as the public at large. The Subcommittee will also examine developments in technology and the Internet affecting public policy, including issues surrounding intellectual property, censorship and freedom of speech and expression, coordination with government authorities and law enforcement, and Internet governance.
Copyright Office: AI & Analysis in Zarya of the Dawn Case – The Copyright Office issued a letter on February 21 outlining its determination that a copyright registration could be allowed for the comic book’s text and the “selection and arrangement of images and text,” but not for individual AI-generated images themselves in the work. The letter explained that the images in the work were generated by the Midjourney technology and are not the product of human authorship, and provided the Copyright Office’s detailed explanation of how it arrived at this decision.
USPTO: Input Sought on AI Role in Inventorship – The U.S. Patent and Trademark Office (USPTO) is seeking input on inventorship issues arising from the development of AI, according to a Feb. 14 notice published in the Federal Register. USPTO is pursuing three main avenues of engagement: (1) a series of stakeholder engagement sessions; 2) collaboration with academia through scholarly research; and (3) a request for written comment. Information on the engagement sessions will be posted here; comments are due by May 15.
USPTO Extends Comment Deadline for FDA Collaboration Initiatives – The United States Patent and Trademark Office (USPTO) is extending the written comment period for its joint collaboration initiatives with the Food and Drug Administration until March 10, 2023. The collaboration seeks to advance President Biden’s Executive Order on Promoting Competition in the American Economy and to support greater access to medicines.
i2Coalition’s Perspective – i2Coalition will continue to actively fight for the preservation of Section 512 safe harbors of the DMCA that its members have relied upon, including particularly the conduit provisions, in order to launch and operate their businesses successfully without being deluged with litigation threats. We will work to educate policymakers in Congress and the Biden administration to ensure balanced policy outcomes for our members. In addition, the i2Coalition will engage through outreach, dialog, and the public comments process in any future Canadian copyright consultations to urge continuity of balanced approaches in the consideration of any reforms of Canada’s safe harbor framework for online intermediaries.
Cybersecurity
NIST: IoT Cybersecurity Labels Coming as Soon as April – The National Institute of Standards and Technology (NIST) could announce a label for consumer Internet of Things (IoT) devices by April, according to ioXt Alliance operations director Grace Burkard. The Alliance—which aims to build confidence in IoT through multi-stakeholder, international, harmonized, and standardized security, privacy, compliance, and transparency requirements—has been working with NIST to develop the labels since May 2021. Over 600 leading technology companies belong to the trade group.
Biden Admin.: National Cyber Strategy Will Force Large Companies to Shoulder Greater Security Burden – The Biden administration’s forthcoming National Cybersecurity Strategy intends to shift the security burden from small players onto big companies that can build in security by design, according to Deputy National Cyber Director Camille Stewart Gloster. Speaking at a Cyberscoop event last week, Ms. Gloster said the strategy aims to re-architect our digital ecosystem to boost overall resiliency. It has been widely reported the new strategy represents a break from the voluntary approaches of past administrations and, instead, seeks to regulate minimum requirements for cybersecurity. Depts. of Justice & Commerce: Disruptive Technology Strike Force – On Feb. 17, the Department of Justice and Department of Commerce launched a joint Disruptive Technology Strike Force to bolster the enforcement of U.S. export laws. The new interagency group seeks to prevent nation-state adversaries—like China, Russia, North Korea, and Iran—from illicitly acquiring critical U.S. technology. The Justice Department’s National Security Division and Commerce Department’s Bureau of Industry and Security will co-lead the strike force, which also includes the FBI, Homeland Security Investigations, and designated U.S. Attorneys’ Offices.
China: CRS Report on Aerial Surveillance – The Congressional Research Service issued a report on Feb. 17 outlining sovereignty issues regarding the recent China balloon and other incidents. The full Senate received a classified briefing on China, focusing on the now handful of unidentified flying objects the Pentagon shot down in February.
House: TikTok Legislation Status – The House Foreign Affairs Committee is marking up a bill on Feb. 28 that would allow President Joe Biden to ban TikTok in the United States, the latest move against the hugely popular Chinese-owned social app. The bill – authored by Foreign Affairs
Committee Chair Michael McCaul (R-Texas) – is formally known as the “Deterring America’s Technological Adversaries” or DATA Act. The legislation would revise the 1988 Berman Amendments to allow the president to bar the importation of “sensitive personal data” to China. The Berman Amendments permit the importation of “informational materials” from countries hostile to the United States, as well as protecting any American citizens involved in these activities from legal action.
â—Ź This new McCaul bill would require the Treasury Department to issue a directive that would prohibit: United States persons from engaging in any transaction that the Secretary of the Treasury determines knowingly provides or may transfer sensitive personal data of persons subject to any United States jurisdiction to any foreign person that 1) is subject to the jurisdiction or direction of, or directly or indirectly operating on behalf of, China, or 2) is owned by, directly or indirectly controlled by, or is otherwise subject to the influence of China.
â—Ź The Treasury Department would have 180 days to issue the directive once the bill is enacted into law. Sanctions could be imposed against anyone who violates this new requirement.
● TikTok is owned by Chinese internet giant ByteDance, and the Chinese government has a stake in ByteDance. ByteDance has been in negotiations over the last two years to sell all orpart of TikTok to an American company in order to address concerns from U.S. nationalsecurity agencies and lawmakers about Chinese government access to its data. Those talkshaven’t led to any resolution of the dispute.
â—Ź Congress passed a bipartisan bill last year banning the use of TikTok on any U.S. governmentphones, and lawmakers are pushing for dramatic steps. The McCaul proposal is one of anumber of China-related bills to be marked up in the House Foreign Affairs Committee onFeb. 28.
â—Ź House E&C Chair Cathy McMorris Rodgers (R-WA) announced in late January that the CEO ofTikTok will testify before the Committee on March 23. This will be the first time Shou Zi Chewhas testified before Congress.
National Cyber Director Inglis Departs, Acting Director Named – National Cyber Director ChrisInglis left his post in the Biden administration in mid-February. Mr. Inglis’ primary task asinaugural director was developing a new National Cybersecurity Strategy. The updated strategyreportedly calls for greater regulation of critical infrastructure operators and minimumrequirements for defensive measures. His retirement likely signals publication of the strategy is imminent. Principal Deputy Director Kemba Eneas Walden will fill in as Acting Director until the White House names a successor.
CISA: Tech Companies Called Upon to Take Responsibility for Product Security – Cybersecurity and Infrastructure Security Agency (CISA) head Jen Easterly and cybersecurity chief Eric Goldstein called on technology manufacturers to take responsibility for the security outcomes of their customers as a fundamental issue of safety in an essay published in Foreign Affairs magazine last week. The pair said all technology products should ship with standard safety features to help prevent cyber intrusions and urged federal agencies to adopt stringent secure-by-default and secure-by-design procurement requirements to boost the overall security of the tech ecosystem. To facilitate this process, CISA is currently working to identify specific design characteristics and default configurations that contribute to device security and will offer new, voluntary definitions for “secure by-design” and “secure-by-default.” The definitions will draw on previous work in the National Institute of Standards and Technology’s Secure Software Development Framework and CISA’s own voluntary cross-sector cybersecurity performance goals for critical infrastructure operators.
GAO: High-Risk Cybersecurity Reports Series – On Feb. 14, the Government Accountability Office completed the release of a series of reports on high-risk cybersecurity. The reports cover: (1) Challenges in Establishing a Comprehensive Cybersecurity Strategy and Performing Effective Oversight; (2) Challenges in Protecting Cyber Critical Infrastructure; (3) Challenges in Securing Federal Systems and Information; and (4) Challenges in Protecting Privacy and Sensitive Data.
Biden Admin.: National Security Telecommunications Advisory Committee Executives Appointments – On Feb. 3, President Biden announced his intent to appoint highly qualified and diverse industry leaders as members of the President’s National Security Telecommunications Advisory Committee (NSTAC), which advises the White House on the reliability, security, and preparedness of vital communications and information infrastructure. These appointees will join previously appointed NSTAC members to provide national security and emergency preparedness solutions by providing innovative policy recommendations backed by a unique industry perspective. In addition, President Biden also named new leadership to the committee.
Draft NSTAC Report Calls for Harmonization of Cyber Regulations – The President’s National Security Telecommunications Advisory Committee (NSTAC) published the final draft of its Strategy for Increasing Trust in the Information and Communications Technology and Services Ecosystem. Among other findings, the draft recommends establishing an Office of Cybersecurity Regulatory Harmonization within the Cybersecurity and Infrastructure Security Agency to create an institutionalized source of in-depth cybersecurity regulatory expertise across sectors. It also outlines a proposed process for ensuring new cyber regulations conform to consensus standards. The NSTAC released recommendations for the strategy in late February.
NIST: IoT & Ascon Standard for Lightweight Cryptography Announced – On Feb. 7, the National Institute of Standards and Technology (NIST) announced it had selected the Ascon family of authenticated encryption and hashing algorithms for lightweight cryptography standardization. NIST will host a virtual public workshop—tentatively scheduled for June 21-22—on the selection process and standardization effort. The Ascon algorithms are intended to protect Internet of Things (IoT) devices. i2Coalition’s Perspective – As policymaker concerns and efforts intensify around how to improve cybersecurity and guard against growing attacks and threats, the i2Coalition has increased its monitoring of this area. We will continue to engage in targeted policy matters and proceedings where the i2Coalition’s participation can enhance understanding and support improvements. In this regard, on Nov. 14, the i2Coalition filed comments with CISA in response to the RFI on CIRCIA implementation and is also participating in March 2023 with comments to NIST regarding the CSF 2.0 Concept Paper.
Antitrust/Competition
DOJ: Antitrust Tech Push Continues With Potential Suits Targeting Google, Adobe – The Department of Justice is reportedly opening two new fronts in its ongoing antitrust battle against Big Tech. The first centers on Google’s bundling of services around mapping products, while the second seeks to unwind Adobe’s $20 billion acquisition of Figma. Prosecutors are currently investigating whether Google prevents developers from using location data hosted on Google Search with competing map platforms. Also at issue: whether Google Automotive Services restricts infotainment manufacturers that use Google Maps from using alternative app stores or voice assistants. At the same time, Justice Department officials are teeing up a lawsuit to block Adobe’s merger with Figma, a collaborative web application for user interface design. The deal would purportedly eliminate a rival to Adobe’s own XD user interface design program.
House: Judiciary Chair Jordan Weighs In On FTC Non-Compete Rulemaking – House Judiciary Committee Chairman Jim Jordan (R-OH) sent a letter to FTC Chairwoman Lina Khan last week suggesting her effort to rein in the use of non-compete clauses exceeds the agency’s authority. The letter—which was co-signed by Antitrust Subcommittee Chair Thomas Massie (R-KY), IP Subcommittee Chair Darrell Issa (R-CA), and Rep. Scott Fitzgerald (R-WI)—requests the FTC turn over all documentation related to the non-compete rulemaking so the committee can conduct oversight.
Biden Admin.: Support for Junk Fee Protection Act – In his State of the Union address, President Biden called on Congress to pass legislation targeting hidden service fees. The so-called Junk Fee Protection Act would target excessive fees charged by: (1) online concert, sporting, and entertainment venues; (2) airlines; (3) TV, phone, and broadband providers; and (4) resort and destination operators.
NTIA: Report Calls for Reforms to Boost Mobile App Competition – NTIA last week issued a report on competition in the mobile application ecosystem that found the app store distribution model harmful to consumers and developers. According to NTIA, app stores create unnecessary barriers and costs for app developers that make it possible for operating system owners (i.e., Apple and Google) to extract disproportionate returns. The report recommends promoting alternative methods of distribution—such as sideloading or third-party stores—as well as eliminating barriers to web app alternatives and limiting pre-installation of first-party apps. It also calls for removing first-party payment system requirements and improving the fairness and transparency of app store screenings.
House: Buck, Cicilline Launch Congressional Antitrust Caucus – Reps. Ken Buck (R-CO) and David Cicilline (D-RI) announced the formation of the Congressional Antitrust Caucus. The bipartisan caucus will focus on holding hearings with American innovators allegedly harmed by Big Tech’s anti-competitive practices and push for legislation to rein in monopoly power. Its impact may be limited, as Buck was passed over for chair of the Antitrust Subcommittee, and Rep. Cicilline announced he is resigning from Congress. Neither House Judiciary Chair Jim Jordan (R-OH) nor Antitrust Chair Thomas Massie (R-KY) appear interested in moving the type of aggressive antitrust reform agenda that Buck and Cicilline support.
House: Rep. Cicilline to Exit Congress in June – Rep. David Cicilline (D-RI), a prominent anti-Big Tech crusader, announced his resignation from Congress effective June 1, 2023. Cicilline, a seven-term lawmaker, is leaving to become President and CEO of the Rhode Island Foundation, the state’s largest funder of nonprofit organizations. As chair of House Judiciary’s Antitrust Subcommittee during the 117th Congress, Cicilline championed several antitrust measures aimed at reining in Big Tech, including the American Choice and Innovation Online Act, Platform Competition and Opportunity Act, and Ending Platform Monopolies Act. None of that legislation ultimately gained enough support to become law.
FTC: Meta Secures VR Fitness App Developer Deal – Meta secured approval from a federal judge to acquire a virtual reality (VR) fitness app developer Within and closed the deal. The FTC sued to block the deal in July, alleging the acquisition would crush emerging competition for VR fitness apps. The decision marks a setback for a legal theory—advanced by FTC Chairwoman Lina Khan—that would let the government block transactions to preserve future competition in undeveloped markets. Internally, the FTC also dismissed its complaint against Meta.
FTC: Sole Republican Commissioner Christine Wilson Resigns – Christine Wilson, the FTC’s sole Republican commissioner, announced her resignation in a Feb. 14 Wall Street Journal op-ed, citing Chair Lina Khan’s alleged disregard for the rule of law and due process. Wilson accused Chair Khan of systematically exceeding the agency’s congressional authorization, sitting in judgment of cases in which she previously expressed an opinion, and abusing the redactions process to stifle dissent. Wilson said she could not in good conscience continue serving on a Commission she felt enabled such unethical and unlawful behavior.
Industry: Live Nation Outlines Changes for BeyoncĂ© Ticket Sales – Live Nation’s Senior Vice President of Public Affairs, Jonathan Lamy, outlined changes the company is making ahead of Beyoncé’s Renaissance tour to try to prevent ticketing disruptions that marred Taylor Swift’s concert tour last year. In a memo dated Feb. 6, Mr. Lamy said Ticketmaster is dividing shows into multiple groups with separate sale dates to help manage demand but noted pre-sale registration in nearly all groups outstrips supply by more than 8:1. He also called on Congress to outlaw speculative ticket sales, mandate all-in pricing for ticketing, increase fines for illegal use of bots, and establish a private right of action so that primary sellers can pursue legal remedies against bad actors in the secondary market. Note that, in spite of these measures, there have been reported problems with the Renaissance tour ticket distribution.
FTC: New Technology Office – On Feb. 17, the FTC announced the formation of a new Office of Technology to help the regulator keep pace with technological challenges in the digital marketplace. Its core functions include strengthening and supporting law enforcement investigations and actions, advising and engaging with staff and the Commission on policy and research, and highlighting market trends and emerging technologies that impact the FTC’s work. Stephanie T. Nguyen will serve as the inaugural Chief Technology Officer.
i2Coalition’s Perspective – i2Coalition monitors but has not actively engaged on this issue.
Trade
EU-US Data Privacy Framework: Status – On Feb. 14, the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs recommended that the European Commission reject the proposed EU-US Data Privacy Framework, which would govern the way in which the personal information of the EU citizens is handled by US companies. The committee’s decision — formally, a draft motion for a resolution— represents a rejection of the European Commission’s recommendation, announced in December, that the data privacy framework should be adopted. The committee’s negative response this week to the proposed data privacy framework, however, was a nonbinding draft resolution and though it is a sticking point, it does not force a formal halt to the adoption process, as its approval was not required to move the agreement along.
USTR: Notorious Markets 2022 Review Released – On Jan. 31, the Office of the United States Trade Representative (USTR) released the findings of its 2022 Review of Notorious Markets for Counterfeiting and Piracy (the Notorious Markets List). The Notorious Markets List highlights online and physical markets that reportedly engage in or facilitate substantial trademark counterfeiting or copyright piracy. The 2022 Notorious Markets List also identifies 39 online markets and 33 physical markets that are reported to engage in or facilitate substantial trademark counterfeiting or copyright piracy. This includes continuing to identify the WeChat e-commerce ecosystem as one of the largest platforms for counterfeit goods in China. Other listed markets in China include online markets Aliexpress, Baidu Wangpan, DHGate, Pinduoduo, and Taobao, as well as seven physical markets located within China that increasingly use brick-and-mortar storefronts to support online sales of counterfeits. China: Biden Admin. & Shifting Scope of Executive Order for Further Curbs on Outbound China Investments – News reports on Feb. 27 indicated that the Biden administration is scaling back a planned executive order to oversee American investments in China to focus largely on increasing transparency of those deals. The order may still prohibit U.S. investments in at least one Chinese industry — advanced semiconductors — but will likely not block money from flowing to other parts of China’s high-tech economy. Instead, the order is now expected to largely require U.S. firms to notify federal authorities when doing deals in industries like quantum computing and artificial intelligence, though some other investment prohibitions are being debated. The White House is now expected to issue the order in late March or early April, though further delays are possible if final details cannot be resolved. Commerce Dept.: Tighter Export Licensing for Huawei Suppliers – The Department of Commerce has reportedly placed further restrictions on the kinds of equipment U.S. suppliers can sell to Huawei Technologies. Reuters reported that U.S. officials are creating a new formal policy of denial for shipping items to Huawei that would include items below the 5G level, including 4G items, Wifi 6 and 7, artificial intelligence, and high-performance computing and cloud items. American firms like Qualcomm and Intel were previously granted export licenses to supply a limited amount of equipment below the “5G” threshold. While the heightened restrictions do not apply to previously issued licenses, they will likely block any potential future sales of U.S. telecom equipment to the Chinese tech giant.
USTR: Public Comment Invited on Extending COVID 301 Exclusions – The Office of the United States Trade Representative (USTR) announced last week it is seeking public comment on whether to extend COVID-related product exclusions in the China 301 investigation. Exclusions granted in December 2020 covering 81 medical-care products were scheduled to expire on February 28, 2023. However, USTR has granted an interim 75 day extension of the exclusions—through May 15, 2023—to allow time for consideration of any submitted comments. The USTR request seeks input on whether to extend particular exclusions for up to six months.
i2Coalition’s Perspective – i2Coalition continues to work for balanced trade agreements that foster digital trade, and we generally support efforts to put trade with China on a more level footing. We support the global digital trade principles articulated in the global industry letter to the G20 and will continue our engagement with USTR in support of those principles and against non-tariff trade barriers. The i2Coalition will also continue our work with our EU-based members on the DSA, DMA, and the NIS2 Directive toward balanced and transparent regulations, including providing input on major relevant U.S. policy discussions having an impact on evolving global intermediary liability principles (e.g., the Section 230 debate in the U.S. Congress). The i2Coalition will continue to underscore and educate USTR officials in the Special 301 proceedings about the key point that USTR should not confuse “notorious markets” with neutral intermediaries such as Internet infrastructure providers. The i2Coalition’s efforts before USTR are succeeding, as demonstrated in the 2022 Review of Notorious Markets for Counterfeiting and Piracy report released on January 31, 2023, in which not one of our Internet intermediary members or any other traditional Internet infrastructure company was cited in the online markets list.
Tech
Commerce Dept.: First CHIPS Funding Application Opening – In a Feb. 23 prepared speech, Commerce Dept. Secretary Gina Raimondo confirmed applications are opening during the week beginning Feb. 27 for $39 billion in semiconductor manufacturing incentives under the CHIPS for America program. Raimondo also laid out three major program goals: build at least two new union-made, large-scale, U.S.-based fab clusters that produce the world’s most advanced chips on a cost-competitive basis, (2) develop multiple high-volume advanced packaging facilities that make America a global leader in packaging technologies, and (3) strategically increase production capacity for legacy chips most critical to U.S. economic and national security. Further funding rounds will be announced in the coming months. Numerous stipulations are attached to the ability to receive the funding, and Raimondo has made clear that the Commerce Dept. will conduct robust due diligence. For example, one of the most expensive provisions could be child care — the agency will require any company that receives more than $150 million to provide affordable and accessible childcare options for workers. Other conditions include national security and China-related restrictions and strict transparency rules. Starting on Feb. 28, the Commerce Dept. wants companies looking to build big manufacturing plants to submit “statements of interest.” The agency plans to accept full applications for chipmaking subsidies starting March 31 — and at least one Commerce official has commented that only a few companies are likely to be seriously considered in this first round.
Commerce Dept.: CHIPS for America Staff Announcements – The Department of Commerce last week announced the appointments of key staff within the CHIPS Program Office tasked with overseeing historic investments in the domestic semiconductor industry. The staff announcement comes as CHIPS for America is currently releasing the first Notice of Funding Opportunity and ahead of additional funding opportunities this year.
i2Coalition’s Perspective – i2Coalition monitors but has not actively engaged on this issue.
Telecommunications
Senate: Cruz, Thune Request More Time for Broadband Map Challenges – Senate Commerce Committee Ranking Member Ted Cruz (R-TX) and Communications Subcommittee Ranking Member John Thune (R-SD) have called on the Biden administration to grant stakeholders additional time to challenge the National Broadband Map. In a Feb. 3 letter addressed to the heads of the National Telecommunications and Information Administration (NTIA) and Federal Communications Commission (FCC), the senators requested an explanation for the curtailed challenge process and a plan for addressing concerns related to broadband funding allocations under the BEAD Program.
Biden Admin. & FCC: Broadband Grant Programs & Mapping Concerns from Congress – The Biden administration officials are continuing to promote and publicize their broadband funding grant program in underserved and unserved areas as part of the Internet for All initiative. Vice President Harris gave a speech on the topic during a February visit to South Carolina. The FCC Chair Jessica Rosenworcel has responded to Congressional alarm about the accuracy of the National Broadband Map that will be used to determine funding, seeking to clarify the challenge process and to confirm for concerned lawmakers that the accuracy of the mapping is always a work in progress. NTIA: Doubling Down on Build America, Buy America The NTIA made clear in a Feb. 9 blog post it intends to “strictly enforce” the Build America, Buy America (BABA) provisions of the Infrastructure Investment and Jobs Act (IIJA). The agency plans to work with industry to ensure a domestic supply chain for products relevant to the IIJA’s Broadband Equity, Access, and Deployment (BEAD) Program. NTIA cited fiber optic glass and fiber optic cable as examples of products it expects American manufacturers to produce in enough quantity to satisfy demand in the coming years. The blog post appears to serve as a definitive “no” to industry requests for more BABA waivers.
USDA: BABA Waiver Requests – The U.S. Department of Agriculture (USDA) issued a Jan. 31 notice seeking information on any proposed waivers of Build America, Buy America (BABA) domestic content requirements for federally funded infrastructure projects. USDA may only approve a waiver—subject to notice and comment requirements and Made in America Office review—if BABA rules are inconsistent with the public interest, (2) unreasonably restrict product availability or quality, or (3) increase the cost of a project by more than 25 percent. BABA requires at least 55 percent of a manufactured good to be sourced domestically, as calculated by total component cost.
House: Spectrum Auction Authority Extension – On Feb. 27, the House of Representatives passed legislation extending the FCC’s spectrum auction authority through May 19. The extension, which the Senate also must approve, will buy time for further negotiation between House and Senate telecom panels as well as Senate Armed Services Committee member Mike Rounds (R-SD). Rep. Rounds had requested an extension through October, while Senate Commerce Ranking Member Ted Cruz (R-TX) and telecom subcommittee Ranking Member John Thune (R-SD) put out a joint statement calling for more talks. House: Bills passed on IoT devices disclosure, mobile network cybersecurity report, & electronic notarization – On Feb. 27, the House also passed other non-controversial bills to establish camera and
microphone disclosure guidelines for Internet of Things devices, mandate a report on mobile network cybersecurity, and authorize electronic notarizations. FCC: March Open Meeting Agenda – The FCC released its tentative agenda for the open meeting scheduled on March 16. The agenda includes:
● Supplemental Wireless Coverage From Space The Commission will consider a new regulatory framework for supplemental wireless coverage from space. Under the proposal, satellite operators could expand coverage to a terrestrial provider’s subscribers using currently licensed, flexible-use spectrum.
â—Ź Just and Reasonable Rates for Incarcerated People The Commission will consider a Notice of Proposed Rulemaking and Order to implement the Martha Wright-Reed Just and Reasonable Communications Act of 2022.
â—Ź Enhanced Protections Against Illegal Robocalls The Commission will consider a Report and Order and Further Notice of Proposed Rulemaking to close a critical gap in the STIR/SHAKEN caller ID authentication regime, expand robocall mitigation requirements for all providers, adopt more robust enforcement tools, and seek comment on additional steps to enhance the effectiveness of the STIR/SHAKEN framework.
â—Ź Robotext Blocking The Commission will consider a Report and Order to require providers to block texts from numbers on a reasonable Do-Not-Originate list and provide a single point of contact for text message-blocking complaints. The Commission will also consider a proposal to require further blocking of illegal robotexts, expand Do-Not-Call protections to robotexts, and protect consumers who provide consent on comparison shopping websites from robotexts or robocalls.
â—Ź Equipment Testing Standards Updates The Commission will consider a Report and Order to incorporate standards used in the testing of equipment to ensure compliance with FCC rules.
â—Ź Audio Description DMA Expansion The Commission will consider a Further Notice of Proposed Rulemaking to expand audio description requirements for individuals who are blind or visually impaired to additional market areas.
Senate: Commerce Committee FCC Gigi Sohn Nomination Hearing – The Senate Commerce Committee held its third hearing on Feb. 14 to consider the nomination of Gigi Sohn to serve on the Federal Communications Commission. The hearing was another rough one for Sohn, as Republican Senators laid out their reasons for opposing her confirmation, including:
â—Ź Too radically left, too many opinionated tweets critical of Republicans and Fox News, too close to Big Tech
● Affiliation with the Electronic Frontier Foundation (she’s on the board) and their policies and advocacy tactics
â—Ź Law enforcement opposition due to tweets (or retweets) on defunding the police
â—Ź Her position on FCC’s authority to regulate ISPs, net neutrality absent congressional action
â—Ź Alleged leaks of nonpublic information to a reporter during her tenure on the staff of Obama FCC Chairman Tom Wheeler (the FCC Inspector General cleared Sohn of any wrongdoing in the matter)
â—Ź Potential conflicts of interest related to her affiliation with Locast, which was sued by the major broadcast networks for capturing and retransmitting signals without paying fees (the case settled for $700,000)
● Campaign contributions to senators totaling $1,000 over the last two years while her nomination has been pending Democrats, for the most part, appeared to support Sohn or remained neutral. Committee Chair Maria Cantwell (D-WA) and Sen. Ed Markey (D-MA) accused industry insiders of fueling vitriol against Sohn because they are threatened by her nomination. Sen. Jackie Rosen (D-NV), however, said the law enforcement opposition gave her pause, while Sen. Kyrsten Sinema (I-AZ) asked specific questions about the Locast issue and Sohn’s subsequent promise to recuse herself from certain broadcast matters. Neither Rosen nor Sinema said anything about supporting Sohn’s nomination. Both are up for reelection in 2024. Without their support, Sohn’s path to confirmation is essentially nil.
i2Coalition’s Perspective – i2Coalition monitors but has not actively engaged on this issue.
Economy/Energy/Environment
Biden Admin. & Congress: Debt Limit Negotiations Status – The Biden administration is continuing to assert that it does not plan to negotiate fiscal discipline reforms with House Republicans as part of the discussions required to forge an agreement on the separate issue of raising the debt ceiling so that the government will not default on its existing financial obligations later this year. In addition to the U.S. Treasury Secretary Yellen, prominent national security voices, including former defense secretaries, are warning about the dire impact and damage that a first-ever default on U.S. debt would bring. President Biden and House Speaker McCarthy met at the White House to discuss the debt ceiling issue on Feb. 1.
House: Inflation Impact Assessment and ESG Investing – The House is considering legislation requiring the Biden administration to publish an inflationary impact assessment before issuing executive actions and a disapproval resolution under the Congressional Review Act to repeal the Labor Department’s recently enacted rule on ESG (environmental, social, and governance) investing. The inflation impact assessment bill is not expected to gain much traction in the Senate, but Senate Republicans are just one vote shy of passing the anti-ESG resolution—with Sen. Joe Manchin (D-WV) cosponsoring the measure. The Congressional Review Act permits Congress to quash new regulations by a simple majority of both chambers. The investment rule went into effect on January 30. President Biden can still veto the anti-ESG resolution, which would require a two thirds supermajority of both houses to override.
House: Republicans Accelerate Big Energy/Environment Package – During the week of Feb. 27, House Republicans are taking action on part of their sweeping energy and permitting reform package—with three House committees set to hold hearings and markups on twenty distinct measures Tuesday and Wednesday. The package is the first multi-committee product the GOP majority hopes could pass the Democratic Senate and become law, given Sen. Joe Manchin’s (D-WV) continued NEPA reform efforts and Majority Leader Schumer’s commitment to keep his end of their IRA agreement. Republicans aim to vote on the package by the end of March. Biden Admin.: Trade Deals Sought to Address Allies’ EV Subsidy Concerns – The Biden administration is gearing up to negotiate a series of limited trade deals to assuage allies’ concerns about the Inflation Reduction Act (IRA). Controversy centers around the law’s $50 billion in electric vehicle tax credits. Only vehicles with batteries made using critical minerals sourced from the U.S. or its free trade partners (above a certain threshold) qualify for the full credit. European and Japanese leaders say this domestic content provision unfairly disadvantages their automakers. Neither Japan nor the European Union has a comprehensive free trade agreement with the United States. Treasury Secretary Janet Yellen said at the G20 in February that the U.S. hoped to strike narrow agreements on critical minerals that would satisfy the IRA’s requirements without needing congressional approval. FHWA Grants Short-Term Buy America Waiver for EV Chargers – The Federal Highway Administration granted a public interest waiver of Buy America requirements to all electric vehicle chargers manufactured before July 1, 2024, whose final assembly occurs in the United States, and whose installation has begun by October 1, 2024. The waiver goes into effect on March 23 and applies to steel, iron, manufactured products, and construction materials—but not to steel or iron components used in the charger’s housing. Chargers manufactured on or after July 1, 2024, will be subject to a 55 percent domestic content requirement, as measured by component cost. Industry: Semiconductor Industry Requests Environmental Waiver for New Construction – The Semiconductor Industry Association (SIA) is requesting the Department of Commerce grant new manufacturing projects a “categorical exclusion” from the National Environmental Policy Act (NEPA) or, at minimum, work to streamline and expedite environmental reviews to the greatest extent possible. These reviews could “pose significant delays in the disbursement of CHIPS funds and result in delays in the construction and operation of facilities,” warned SIA in previously unreported comments submitted last November. The U.S. Chamber of Commerce concurred with the SIA request in a separate filing. Semiconductor manufacturers also have an ally in House Energy and Commerce Chair Rodgers, who issued a statement Friday calling for permitting reform to unleash American innovation and chips. Ohio: Freight Train Derailment Investigations in Congress & Agencies – Numerous bipartisan calls for investigations erupted in Congress following a tragic Feb. 3 Norfolk Southern freight train derailment in East Palestine, Ohio. The accident spilled toxic hazmat chemicals into the community, caused temporary evacuations, and prompted the railroad to conduct a controlled burn of chemicals deemed to be the appropriate way to prevent additional extreme danger, such as a major explosion. The accident made headlines for days and sparked the launch of numerous investigations in Congress as well as by the NTSB, the CDC, and other health and safety agencies. The tragedy also ignited a broader conversation about hazmat carriage through communities and the effectiveness of freight train regulation and safety practices. i2Coalition’s Perspective – i2Coalition monitors but has not actively engaged on this issue.
COVID-19 Update
Vaccination Statistics – According to the CDC, as of February 23, 69.3% of the total U.S. population has completed a primary series of vaccination, and 81.2% has had at least one dose of vaccine. An updated (bivalent) booster dose has been received by 19.5% of people aged 18+ and 41.3% of people aged 65+. i2Coalition’s Perspective – i2Coalition monitors but has not actively engaged on this issue.
RELEVANT HEARINGS & EVENTS TRACKED BY i2COALITION IN FEB. & MARCH
February 7:
â—Ź House Financial Services: Combatting the Economic Threat from China.
â—Ź House Oversight: On The Front Lines of the Border Crisis: A Hearing with Chief Patrol Agents.
â—Ź House E&C, Innovation, Data, and Commerce Subcommittee: Markup,
â—‹ H.R. 750, the Chinese-owned Applications Using The Information of Our Nation (or CAUTION) Act of 2023
â—‹ H.R. 784, the Internet Application Integrity and Disclosure Act (or Internet Application I.D. Act)
â—‹ H.R. 742, the Telling Everyone the Location of data Leaving the U.S. (or TELL) Act
â—‹ H.R. 813, the Global Investment in American Jobs Act of 2023
â—‹ H.R. 752, the Securing Semiconductor Supply Chains Act of 2023
February 8:
â—Ź House Homeland: Organizational meeting.
â—Ź House Science: Organizational meeting
● House Oversight: Protecting Speech from Government Interference and Social Media Bias, Part 1: Twitter’s Role in Suppressing the Biden Laptop Story.
â—Ź House E&C, Communications and Technology Subcommittee: Liftoff: Unleashing Innovation in Satellite Communications Technologies.
â—Ź House Appropriations: Organizational meeting.
February 9:
â—Ź Senate Commerce: Organizational meeting and Hearing: Strengthening Airline Operations and Consumer Protections.
â—Ź Senate HELP: Organizational meeting.
â—Ź Senate HSGAC: Organizational meeting.
â—Ź House Judiciary, Weaponization of the Federal Government Subcommittee: Hearing on the Weaponization of the Federal Government.
February 14:
â—Ź Senate Commerce: Nomination hearing to examine Gigi Sohn for FCC Commissioner.
â—Ź Senate Judiciary: Protecting Our Children Online. February 15:
â—Ź Senate Budget: Climate-Related Economic Risks and Their Costs to the Federal Budget and the Global Economy.
● Senate Commerce: The Federal Aviation Administration’s NOTAM System Failure and its Impacts on a Resilient National Airspace. February 16:
â—Ź FCC: Open Commission meeting.
â—Ź Federal Trade Commission: Public Forum Examining its Proposed Rule to Ban Noncompete Clauses. February 28:
â—Ź House Energy and Commerce: Energy, Climate, and Grid Security Subcommittee Markup of Nine Pieces of Legislation. (includes bills to provide flexibility and/or waive certain air permitting requirements for the domestic critical minerals industry).
â—Ź House Foreign Affairs: Markup, including Tik Tok-related legislation
● House Homeland: Every State is a Border State: Examining Secretary Mayorkas’ Border Crisis.
â—Ź House Judiciary: Markup of the Authorization and Oversight Plan for the 118th Congress.
â—Ź Senate Banking: Advancing National Security and Foreign Policy Through Sanctions, Export Controls, and Other Economic Tools.
â—Ź House Oversight: Markup of the Authorization and Oversight Plan for the 118th Congress, H.R. 1162, and H.R. 140.
â—Ź House Homeland: Markup of the Authorization and Oversight Plan for the 118th Congress.
â—Ź House Science: Full Committee hearing, The United States, China and the Fight for Global Leadership: Building a U.S. National Science and Technology Strategy.
● House Select Committee on China: The Chinese Communist Party’s Threat to America. March 1:
â—Ź House Energy and Commerce: Innovation, Data, and Commerce Subcommittee Hearing on Promoting U.S. Innovation and Individual Liberty through a National Standard for Data Privacy.
â—Ź Senate Judiciary: Oversight of the Department of Justice.
