Your update on important Internet policy issues
OUTLOOK
Congress avoided a federal government shutdown by passing a Continuing Resolution (CR) in mid-November to extend funding temporarily until early 2024, which President Biden quickly signed into law. The CR was “laddered” to extend funding until January 19 in four areas (Agriculture, Energy-Water, Military Construction, and Transportation) while the remaining spending bills were given more negotiating time with an extension until February 2. Passage of this short-term federal government funding CR allowed Congress to shift its focus to negotiations on a supplementary funding package for Israel, Ukraine, Taiwan, and U.S. border security. Several other legislative measures remain on the agenda for potential action before the end of the year, including finalizing the FY 2024 Appropriations, FAA reauthorization, NDAA, FISA reauthorization, and a potential year-end tax package.
TECH POLICY PRIORITIES
Section 230/Intermediary Liability/Content Moderation. The Senate Judiciary Committee plans to hold a January 31 hearing on children’s online safety at which it will hear testimony from CEO-level witnesses. The filing of legal briefs by the parties and by amicus is underway in the U.S. Supreme Court in the case the Justices will hear next year addressing whether laws enacted in Texas and Florida restricting social media platforms violate the First Amendment.
Federal Privacy. Efforts to accelerate a Senate floor vote on the children’s online privacy and safety bills approved by the Senate Commerce Committee earlier this year have reportedly slowed as bill sponsors try to overcome opposition and concerns raised by privacy and LGBTQ+ advocacy groups. The House Energy and Commerce Committee is continuing its series of subcommittee hearings on the impact of artificial intelligence, during which the need for a federal comprehensive consumer privacy and data security law has been raised.
Copyright/IP. The FTC filed comments with the U.S. Copyright Office in its AI Notice of Inquiry proceeding to express the agency’s concerns regarding the impact of generative AI on competition and consumer protection. The Copyright Office extended the deadline for filing reply comments in the AI NOI to December 6.
Antitrust/Competition. The U.S. Department of Justice completed presenting its case in the federal lawsuit against Google in which the government alleges that Google’s search engine business practices violated antitrust law. A ruling in the case is expected sometime in 2024 after the parties present their closing arguments.
Broadband. The FCC is accepting initial public comments in its Open Internet Notice of Proposed Rulemaking proceeding on December 14, with reply comments due on January 17. The House Energy and Commerce Subcommittee on Communications and Technology scheduled an FCC oversight hearing for November 30 to address the FCC’s broadband policies, regulations, and programs. The Biden Administration released a National Spectrum Strategy about which the NTIA seeks public comments by January 2. Congress is still working on the reauthorization of the lapsed FCC spectrum auction authority.
ISSUES
Section 230/Intermediary Liability/Content Moderation
Senate: Judiciary Committee Children’s Online Safety Jan. 31 Hearing – The Senate Judiciary Committee reported in November that it subpoenaed the CEOs of Discord, Snap, and X (formerly Twitter) to testify at a hearing on children’s online safety after “repeated refusals” by the tech companies to cooperate with its investigation into the matter. The Committee later announced the hearing would be scheduled for January 31, and the witnesses expected to appear would be the CEOs of X, Discord, Snap, Meta and TikTok. The hearing is set to focus on child sexual exploitation online, thereby inviting related discussion of Section 230. In an earlier Senate Judiciary hearing, Arturo Bejar, a former employee of Meta, testified against CEO Mark Zuckerberg and other executives for ignoring recommendations to reduce mental health harms for young users. At that session, Senator Dick Durbin, the Chair of the Senate Judiciary Committee, revealed the plans to conduct another hearing on Section 230.
Federal Court: Ruling That Social Media Must Face Youth Addiction Lawsuits – A federal court in California has ruled that Meta, ByteDance, Alphabet, and Snap must face a lawsuit accusing their platforms of negatively affecting children’s mental health. The court rejected the companies’ motion to dismiss the lawsuit filed by US school districts, stating that the First Amendment and Section 230 do not shield the companies from liability related to platform defects.
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 2023, the i2Coalition joined other prominent tech trade associations in a letter and related efforts directed to the Senate Judiciary Committee to oppose the ill-advised, re-introduced EARN IT Act. The i2Coalition continues to build on its collaboration with key allies in the library and higher education communities to promote a full understanding of the scope of Section 230. The i2Coalition filed an amicus brief with the U.S. Supreme Court in Gonzalez v. Google on Jan. 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 118th Congress, the i2Coalition will continue to inform and educate policymakers if misplaced enforcement and procedural approaches to other online problems are proposed (e.g., the DRUGs Act).
Privacy
Senate: Children’s Online Privacy and Safety Legislation Update – Senate Commerce Chair Maria Cantwell is reportedly postponing a plan to attempt rapid passage of the Kids Online Safety Act (KOSA) in the Senate as she works with bill sponsors to address ongoing concerns, including that the bill could restrict content serving the LGBTQ+ community and harm children’s privacy. The continued vocal opposition to the bill from some privacy, tech, and LGBTQ+ advocacy groups potentially poses a hurdle to Senate passage of KOSA this year. The bill has been awaiting a Senate floor vote since it advanced out of the Commerce Committee in the summer. Meanwhile, states have started to act on kids’ online safety, with more than 40 state attorneys general suing Meta last month over allegations Instagram and Facebook are harmful and addictive to kids. Bill sponsor Senator Richard Blumenthal (D-CT) is reportedly open to a vote on KOSA early next year if the packed current Senate schedule will not accommodate a vote by the end of 2023.
Congress: FISA Reform – Bipartisan, Bicameral Legislation Looks to Ban Warrantless Data Collection for Law Enforcement – A new bipartisan bill seeks to ban warrantless searches of Americans’ location and web browsing data under FISA Section 702. The legislation, sponsored by Senators Ron Wyden, Mike Lee, and Reps. Zoe Lofgren and Warren Davidson, aims to prevent surveillance abuse by requiring a warrant for collecting American communications data, prohibiting the government from buying citizens’ information from data brokers, and restricting the use of foreign targets as an excuse to spy on Americans.
House: Intelligence Committee Calls for the Reform and Reauthorization of FISA – The House Permanent Select Committee on Intelligence released a report on November 16 titled “FISA Reauthorization: How America’s Most Critical National Security Tool Must be Reformed to Continue to Save American Lives and Liberty.” According to Chairman Turner (R-OH), the report outlines 45 reforms necessary for FISA reauthorization and asserts that America simply “cannot afford to let this critical national security tool expire.”
Congress: FISA Short-Term Extension Reportedly Under Discussion – Discussions have occurred in both the Senate and House about whether a short-term extension of the Foreign Intelligence Surveillance Act (FISA) will be possible and necessary before the legislation expires at the end of 2023. Senior legislative aides in the Senate have pointed to the possibility of a short “clean” extension into 2024. Lawmakers on the House Intelligence Committee are reportedly also considering a short-term extension of Section 702 FISA to prevent the government’s warrantless spy powers from expiring. The committee is concerned that it may be unable to pass a comprehensive bill before the year-end deadline.
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 Oct. 6, 2022, in Washington, and on Dec. 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 to keep people safe online.
Copyright/IP
U.S. Copyright Office: FTC Submits Comments to USCO on AI – The FTC has submitted comments to the US Copyright Office expressing concerns regarding the impact of generative AI on competition and consumer protection. The FTC comments highlight potential harm to consumers, workers, and small businesses and emphasize that no AI exemption exists from existing laws, and notes that the FTC will enforce the law to protect consumers and maintain fair and competitive markets. The USCO extended the deadline for filing reply comments in the AI NOI proceeding to December 6.
Court: Dismissal of Copyright Complaint Over Unauthorized AI Training of LLMs – A federal judge dismissed most of Sarah Silverman’s lawsuit against Meta over the unauthorized use of authors’ copyrighted books to train its generative AI model. The lawsuit revolved around the claim that the entire purpose of training large language models (LLMs) is to imitate copyrighted expression and that the entire model should be considered an infringing derivative work. The judge called this argument not viable and suggested that to prevail on a theory that the LLMs outputs constitute derivative infringement, the plaintiffs would indeed need to allege and ultimately prove that the outputs incorporate in some form a portion of the plaintiffs’ books.
Court: Artists Encounter Significant Setback in Challenge of AI Art Generators – Artists suing generative AI art generators hit a stumbling block in their recent lawsuit challenging the uncompensated and unauthorized use of billions of images downloaded from the Internet to train AI systems. U.S. District Judge William Orrick found that copyright infringement claims cannot move forward against Midjourney or DeviantArt, concluding the accusations are defective in numerous respects. While the judge’s initial decision does not bring an end to the current controversy, it doesn’t bode well for similar challenges.
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, 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 consideration of any reforms of Canada’s safe harbor framework for online intermediaries.
Cybersecurity
Biden Admin.: Interim National Cyber Director – Drenan Dudley, a budget expert within the Office of the National Cyber Director, reportedly has been appointed acting Director. She replaces Kemba Walden, the acting National Cyber Director, who is stepping down. The Senate awaits a confirmation vote for National Cyber Director nominee Harry Coker. In his Senate confirmation proceedings, Coker has highlighted the importance of collaboration between the government and private sector in cybersecurity. He also praised the National Cyber Workforce and Education Strategy while expressing his belief that a four-year degree should not be a requirement for a cyber job.
CISA: Plan Implementing Biden EO on AI – CISA has outlined its plan for implementing President Biden’s AI executive order. The roadmap includes secure AI development for cyber defense, design evaluation, government collaboration on threat assessment, international coordination, and expanding the AI workforce.
FTC: Final Rule to Amend Standards for Safeguarding Customer Information – The FTC has amended the Standards for Safeguarding Customer Information, requiring financial institutions to report unauthorized acquisition of unencrypted customer information of 500+ consumers to the FTC. The amendment is based on cybersecurity regulations issued by the New York Department of Financial Services and is effective from May 13, 2024. The amendment aims to enhance consumer data security and privacy and ensure that the FTC receives notice of security breaches affecting financial institutions under its jurisdiction.
SEC: Charges Against SolarWinds for Deceptive Cyber Defense Practices – The SEC has charged SolarWinds and its CISO with fraud and internal control failures related to cybersecurity risks. SolarWinds is accused of misleading investors and downplaying risks. Internal assessments and communications revealed cybersecurity shortcomings and concerns. An incomplete disclosure about a cyberattack caused a significant drop in its stock price. The SEC’s new disclosure rules require public companies to disclose material cyber incidents.
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 November 14, 2022, the i2Coalition filed comments with CISA in response to the RFI on CIRCIA implementation. On March 3, 2023, the i2Coalition filed comments on NIST’s Cybersecurity Framework 2.0 Concept Paper. On November 6, 2023, the i2Coalition filed comments on the public draft of NIST’s Cybersecurity Framework 2.0.
Antitrust/Competition
Court: Google Search Federal Antitrust Lawsuit Update – In November, the U.S. Department of Justice finished presenting its case in federal court in Washington, D.C., alleging that Google’s efforts to secure an advantage in its search engine business violated federal antitrust law. The parties will reconvene in a number of months to deliver closing arguments, and the presiding federal judge Amit Mehta is expected to issue a ruling sometime in 2024, after which appeal phases are expected.
FTC: Chair Khan Media Interviews on Antitrust Approach – FTC Chair Khan continues to give media interviews addressing the FTC’s current antitrust policies and enforcement actions. Chair Khan recently joined a podcast with NPR Planet Money.
i2Coalition’s Perspective – i2Coalition monitors but has not actively engaged on this issue.
Trade/Tax
House: Bipartisan Letter Asks USTR to Reverse Digital Trade Decision – A bipartisan group of House lawmakers urged U.S. Trade Representative Katherine Tai to reconsider abandoning digital trade proposals at the WTO. Their letter cited concerns about China’s Digital Silk Road Initiative and its potential impact on American workers, companies, security, and innovation.
Biden Admin: Judges Appointed to Data Protection Review Court – The Biden administration has appointed six judges to the newly created Data Protection Review Court. The DPRC was established to review cases of EU residents alleging US government violations of American regulations through digital surveillance. The court was mandated by an agreement with the European Union to comply with data privacy regulations. The judges, including former U.S. Attorney General Eric Holder, will independently decide on appropriate remedies for cases brought before them.
FTC: Proposed Trade Rules Relating to Unfair and Deceptive Fees for Goods and Services – The FTC is proposing a new rule to prohibit businesses from misrepresenting the total costs of goods or services by omitting mandatory fees from advertised prices and misrepresenting the nature and purpose of fees. The proposed rule aims to improve pricing transparency and prevent false and misleading representations about fees. The FTC is seeking public comment on the proposed rule.
IRS: Delayed Implementation of Reporting Requirements for Online Sellers – Due to complaints, the IRS has delayed the implementation of a reporting requirement for gig workers and online sellers for another year. The requirement would have required platforms to issue 1099-K forms to users who earned more than $600 in transactions. The threshold will be lowered to $5,000 in 2024. The delay has drawn criticism from some lawmakers, while others welcome the news.
U.N.: Vote on Global Tax to Challenge OECD – The United Nations has formed a working group on international tax rules, challenging the OECD’s project. The U.N.’s involvement should complicate negotiations for complex tax rules and potentially alarm developed countries. The U.N. resolution was supported by 125 countries, with 48, including the U.S. and some European nations, opposing. Supporters say the U.N. would provide a more inclusive tax framework, while critics worry it would duplicate OECD efforts. This decision has implications for the OECD’s tax framework regarding the global minimum tax and the taxation of tech firms.
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. We 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
House: National Quantum Initiative Act Reauthorization Progress – On Nov. 29, the House Science, Space and Technology Committee approved H.R. 6213, the National Quantum Initiative Reauthorization Act, at a markup session. The NQIA expired Sept. 30, and this reauthorization bill aims to expand the scope of the law from supporting fundamental research and development to include applied research. The bill has a topline of $3.6 billion over five years.
i2Coalition’s Perspective – i2Coalition monitors but has not actively engaged on this issue.
Artificial Intelligence
Senate: Schumer AI Insight Forum Series Update – Senators convened again on Nov. 29 for the next AI Insight Forum focusing on copyright, intellectual property, and transparency issues. Speakers, including creators, entertainment industry reps, and academics, were expected to have disagreements about some of the things they wanted to be done. Like the six before it, the forum is closed to the press. Alex Siciliano, senior vice president of communications at the National Association of Broadcasters, said NAB President and CEO Curtis LeGeyt would emphasize the vital role of local broadcasters in providing trusted news, sports, and entertainment and raise concerns about the lack of attribution when AI developers use copyrighted broadcasters’ material to train models or generate outputs. Ben Sheffner, senior VP and associate general counsel for law and policy at the Motion Picture Association, will caution lawmakers against any new copyright legislation for AI, arguing that existing laws are enough. When it comes to protecting people’s names, images, and likenesses, however, Sheffner plans to tell lawmakers that targeted legislation could be appropriate but that it would have to be carefully and narrowly drafted to ensure that it does not encroach on fundamental First Amendment rights. Ahead of the Nov. 29 forum, Sen. Todd Young (R-Ind.) warned against the danger of falling behind. Young, who considers himself an AI optimist, said at an event that lawmakers have to be mindful of overregulating technology. “We want to continue to out-innovate and out-compete the Chinese Communist Party and make sure that the leading companies developing artificial intelligence have our values on privacy, on bias, and other areas embedded within their technologies,” Young said. “If we can set the global standards, then our values will increasingly be adopted around the world.”
Senate: Schumer Urges Congress to Act on AI Election Legislation – Senate Majority Leader Chuck Schumer is calling on Congress to take action against AI-driven harms in U.S. elections. During the AI Insight Forums, experts discussed the impact of AI on elections, privacy, and liability. Concerns were raised about AI-generated political ads and uncensored chatbots that could harm candidates from both parties. Schumer warns that without proper regulations, political campaigns could use fabricated images and footage to distort candidates’ statements and manipulate election outcomes.
FEC: Consideration of AI Regulation for Campaign Ads – The Federal Election Commission is looking at regulating the use of AI in campaign ads and assessing its authority to do so as concerns mount ahead of the 2024 elections. Some lawmakers have introduced measures to address AI in political ads. The bipartisan Protect Elections for Deceptive AI Act, led by Sen. Amy Klobuchar (D-MN), would ban deepfakes in federal elections. Rep. Yvette Clarke (D-NY) has also introduced companion legislation in the House in addition to a bill that would mandate disclosures on political ads that contain AI-generated material. It is not clear if any of the bipartisan measures will pass before the end of the year.
House: E&C Health Subcommittee Hearing on AI – The House Energy & Commerce Health Subcommittee scheduled a Nov. 29 hearing to examine how artificial intelligence is affecting the healthcare sector, with testimony from medical practitioners as well as representatives from health tech firms. The House E&C health subcommittee Chair Brett Guthrie (R-KY.) said that his committee would “explore how this technology can be deployed in the safest and most effective way without overburdensome government regulation that could threaten future innovation.” Before the hearing, TechNet sent a letter urging the committee to support AI innovation and address risks through careful policymaking. In the letter, TechNet also cautions lawmakers to recognize where existing law applies to AI technologies as they mull potential legislation. The Consumer Technology Association also sent a letter asking lawmakers to focus on guardrails and outcomes, rather than attempting to rein in specific technologies. The group said it believes governance obligations should apply only on high-risk AI systems making decisions.
States: Business Coalition Cautions State Lawmakers on AI Regulation – On Nov. 29, a group of more than 60 state and local business chambers published an open letter calling on state policymakers to study whether legal gaps exist before pushing for new regulatory frameworks. The coalition raises concerns over the potential of a patchwork of state-level AI regulatory measures that could slow innovation, especially for small businesses that lack the resources of larger tech firms better equipped to navigate such a scenario.
FTC: Resolution Approved to Enable Streamlining of Demand for Information for AI Products – The FTC has approved a resolution allowing the agency to use compulsory processes in investigations involving products and services that use artificial intelligence (AI). This resolution streamlines the FTC’s ability to issue demands for documents and information in AI-related investigations. AI can be beneficial but also used for fraud and unfair practices. The resolution will be in effect for ten years. The FTC voted 3-0 to approve this resolution.
Senate: Bipartisan Bill Asks NIST to Create AI Standards – The AI Research Innovation and Accountability Act, led by Sen. John Thune (R-SD) and Sen. Amy Klobuchar (D-MN), is a new bipartisan bill in the Senate that intends to create standards for businesses to disclose AI-generated content. The legislation directs NIST to develop guidelines for providing authenticity and provenance information for online content, with the aim to increase transparency for consumers while limiting government intervention.
Senate: Warner and Moran Introduce Bill to Codify NIST AI Risk Framework – Senators Warner and Moran introduced a bill in early November mandating federal agencies to adopt NIST’s AI Risk Management Framework in their operations. The Federal AI Risk Management Act provides guidelines for AI use by the government.
China: Joint AI Commitment Signed with US, UK, EU – China has promised to have an open dialogue with other nations to develop AI policies. Several countries signed a declaration to increase transparency, set testing standards, and fund research in AI, including Germany, France, Australia, India, and Japan.
FTC: Voice Cloning Challenge Announced – The FTC launched a Voice Cloning Challenge to address consumer protection concerns related to voice cloning tech. The challenge offers a $25,000 prize and aims to find solutions to prevent fraud, detect cloned voices, and evaluate audio clips for authenticity. Submissions open on January 2, 2024.
FCC: NOI on How AI Can Stop Robocalls – The Federal Communications Commission (FCC) has initiated an inquiry related to artificial intelligence (AI) and its potential use in robocalls and fraud. The FCC wants to explore how AI can be used to combat unwanted calls and texts while also considering the risks associated with the technology.
i2Coalition’s Perspective – i2Coalition monitors but has not actively engaged on this issue.
Telecommunications
FCC: Open Internet NPRM – The FCC set a deadline of December 14 for comments on its proposals for reestablishing open Internet and net neutrality rules, following a 3-2 vote along party lines by the commissioners in October. Reply comments are due on January 17. The FCC’s initiation of the proceeding continues to draw opposition from Republican leaders on tech and telecommunications policy in the House and Senate. The House Energy and Commerce Subcommittee on Communications and Technology scheduled an FCC oversight hearing for Nov. 30 entitled “Oversight of President Biden’s Broadband Takeover,” at which the proposed rules will be among the matters discussed.
NTIA Issues Conditional Waiver for BEAD Letter of Credit Rules – The NTIA has issued a conditional waiver for the Letter of Credit (LOC) requirement for the broadband program, allowing small ISPs to participate with a reduced LOC obligation or performance bond.
FCC Considering Raising Broadband Speed Standard – The FCC is considering raising the broadband internet speed standard from the current 25 Mbps download and 1 Mbps upload to 100 Mbps download and 20 Mbps upload. The proposed changes are intended to address the needs of Internet users, especially those in low-income and rural areas. Comments on the proposed changes are due by December 1.
Senate: USG Bill to Capture ISPs and Tech for Funds – Sens. Mullin, Kelly, and Crapo have introduced the Lowering Broadband Costs for Consumers Act of 2023, which aims to require edge and broadband providers to contribute to the Universal Service Fund. The bill seeks to lower the cost of high-speed Internet for consumers and expand broadband connectivity, especially in rural areas. The legislation limits the authority of the FCC over edge providers and broadband providers.
FCC Updated Broadband Map Shows Increase in Broadband Access – The FCC has released an updated version of the national broadband map, showing that 1 million more homes and businesses now have access to high-speed Internet. The latest map includes an additional 800,000 locations that can receive broadband service, and changes in the number of locations mainly reflect new construction. The FCC has also made corrections to provider-reported data based on its own verification efforts.
FCC Adopts Digital Discrimination Rule – The Federal Communications Commission (FCC) has adopted rules aimed at promoting equal access to broadband and addressing instances of discrimination. The rules, mandated by the Infrastructure Investment and Jobs Act, received a 3-2 vote by FCC commissioners. The order includes provisions to investigate and prevent digital discrimination and seeks comment on further measures for equal access.
Biden Admin. Releases National Spectrum Strategy & NTIA Seeks Comments – The White House has revealed its national spectrum strategy aiming to strengthen coordination around wireless airwaves for 5G and 6G technology. The strategy aims to allocate spectrum to compete with China and coordinate federal agencies’ use of spectrum. It includes identifying spectrum for commercial use, streamlining interagency spectrum management, fostering new spectrum technologies, and boosting workforce development. NIST will issue an implementation plan within four months. The NTIA has invited public comments on the strategy due by Jan. 2.
NIST Extends Comments on Emerging Technology Standards – The National Institute of Standards and Technology (NIST) has extended the deadline for comments on a plan for a U.S. national standards strategy for critical and emerging technology. The strategy aims to support existing private sector-led activities and plans in this field. The new deadline for comments is December 22.
FCC Licensing Rules for ATSC 3.0 Multicast Not in Effect – The FCC has announced that broadcasters can now apply for licenses to host ATSC 3.0 multicast streams. Special temporary authority for 3.0 multicasts will no longer be granted or extended. The deadline for filing a multicast license application is December 18.
FCC Releases Agenda for December Meeting, Includes Banning Early Termination Fees, Pole Attachments, Updating Data Breach Notification – The FCC has released a draft of its agenda for the upcoming meeting scheduled for Dec. 13, which includes several proposed regulations. One proposal seeks to ban early-termination fees and require prorated refunds for canceled cable and satellite TV services. The FCC is also taking steps to combat robotexts by requiring mobile wireless carriers to block illegal texts and expanding the protections of the national do not call registry to text messages. Additionally, the FCC is considering new data breach reporting requirements for telecom companies to enhance customer data protection. Other proposals include requirements for hearing-aid compatibility in mobile devices, speeding up the pole attachment dispute resolution process, and updates to the rural healthcare program. Lastly, the FCC plans to implement the 2023 Low Power Protection Act, allowing certain low-power TV stations to apply for primary status.
i2Coalition’s Perspective – i2Coalition monitors but has not actively engaged on this issue.
Energy/Environment
UN COP28 in the UAE Thursday, Nov. 30 – December 12 – The annual UN global climate talks – COP28 – kicks off on Nov. 30 in the United Arab Emirates (UAE). House E&C Committee Chair McMorris Rodgers has organized a delegation as well as a handful of Senate Democrats, including Sens. Cardin (D-MD), Whitehouse (D-RI), Carper (D-DE), and Shaheen (D-NH) among the group attending the December 8th Weekend. Notably, President Biden doesn’t plan to go (he attended the last two), but Vice President Kamala Harris will attend. Key issues this year: the increasing presence of the oil industry at this conference -including the hosts; issues related to reducing carbon emissions, including the transition to renewable energy and international finance mechanisms to help third world countries tackle climate change impacts (caused by the more developed countries.). A final methane emissions rule from the Biden administration that will help plug leaks from natural gas pipelines is being issued, timed with the global climate conference.
SEC: Final Regs on Climate Risk Disclosure and Soot Update – The Biden Administration is aiming to issue final rules on its proposed SEC climate disclosure rule and an updated soot (particulate matter) rule by the end of 2023. There is no word yet on what these final rules might look like. Both proposed rules have faced opposition from industry, arguing the proposed SEC rule goes too far in tracking the carbon footprint (Scope 3) and that the proposed soot clean air rule could put some power plants and industries, like concrete production, out of business.
Energy Department Opens $3.5 Billion to Increase Domestic Battery Production – The US DOE has announced $3.5B in funding to boost domestic production of advanced batteries and materials. The funding aims to create jobs, enhance competitiveness, and strengthen the clean energy economy. It will focus on domestic battery manufacturing and supply chains, including critical minerals, precursor materials, and cell and pack manufacturing. The DOE will prioritize next-gen technologies and non-lithium batteries.
House: EPA/Interior Cuts Passed in FY 24 Spending Bill – The House passed (213-203) an FY24 Interior and Environment appropriations bill that would reduce the Environmental Protection Administration budget by 40%, cutting its environmental justice programs and other divisions tasked with clean air and clean water oversight. The overall Interior-EPA Appropriations bill was cut 35% from the FY 23 level. The chamber also passed several “poison pill” amendments that would block agencies from issuing and enforcing new rules on clean air and water, would cut EPA’s air office by 50%, and would rescind $9.4 billion in IRA funding targeting programs like the Environmental and Climate Justice Block Grants Program. A Biden administration’s SAP (veto threat) was issued on the bill, which has no chance of passing the Senate in its current form.
i2Coalition’s Perspective – i2Coalition monitors but has not actively engaged on this issue.
RELEVANT HEARINGS & EVENTS TRACKED BY i2COALITION IN NOVEMBER
November 7
- Senate Judiciary, Subcommittee on Privacy, Technology, and the Law,“Social Media and the Teen Mental Health Crisis.”
November 8
- Senate Homeland Security, Full Committee, “The Philosophy of Learning AI: Learning from History, Shaping our Future.”
- House Oversight and Accountability, Subcommittee on Cybersecurity, Information Technology, and Government Innovation, “Advances in Deepfake Technology.”
- Senate Judiciary, Subcommittee on Intellectual Property, “Reforming the Patent Trial and Appeal Board-The PREVAIL Act and Proposals to Promote U.S. Innovation Leadership.”
- Senate Health Education, Labor, and Pensions, Subcommittee on Primary Health and Retirement Security, “Avoiding a Cautionary Tale: Policy Considerations for Artificial Intelligence in Health Care.”
November 14
- House Judiciary, Subcommittee on Administrative State, Regulatory Reform, and Antitrust, “Oversight of the Department of Justice Antitrust Division.”
- House Energy and Commerce, Subcommittee on Communications and Technology, “Leveraging AI to Enhance American Communications.”
- Senate Agriculture, Nutrition, and Forestry, Full Committee, “Leveraging Technology and Artificial Intelligence.”
November 16
- Senate Special Committee on Aging, Full Committee, “Hearing to Examine Modern Scams, Focusing on How Scammers are Using Artificial Intelligence and How We Can Fight Back.”
November 29
- House Energy and Commerce, Health Subcommittee, “Understanding How AI is Changing Health Care.”
- House Oversight, Subcommittee on Cybersecurity, Information Technology and Government Innovation,“Safeguarding the Federal Software Supply Chain.”
November 30
- House Judiciary, Subcommittee on the Weaponization of the Federal Government, “Hearing on the Weaponization of the Federal Government.”
- House Energy and Commerce, Subcommittee on Communications and Technology, FCC Oversight hearing, “Oversight of President Biden’s Broadband Takeover.”
