Your update on important Internet policy issues
OUTLOOK
In January Congress will return to Washington facing a heavy, time-sensitive workload. In late December, despite delaying the start of their holiday break to continue negotiations, Senators were unable to agree on a framework for an FY 2024 supplemental funding package to provide aid to Ukraine and to Israel and establish border security and immigration policy reforms. This work will resume in January, when Congress also needs to quickly meet two deadlines (January 19 and February 2) for passage of the FY 24 appropriations bills. If those dates pass without FY 24 funding progress, then the U.S. will again face federal government shutdown threats. Presidential election politics will accelerate rapidly in January with the Republican Iowa caucuses on January 15 and the January 23 primary in New Hampshire. The House Republicans voted on December 13 to formally authorize a Biden impeachment inquiry. In the new year, the Republican-led House committees on Oversight, Ways & Means, and the Judiciary will continue investigating Biden over accusations he leveraged his Office of Vice President during the Obama administration to enrich his family through foreign business deals. Meanwhile, on December 19, adding to candidate and former President Trump’s various legal battles, the Colorado Supreme Court ruled by a 4-3 vote that Trump’s name cannot appear on Colorado’s primary election ballot under Section 3 of the 14th Amendment to the Constitution because he engaged in insurrection on January 6, 2021. The Trump campaign has vowed to swiftly appeal the decision to the U.S. Supreme Court, which is already reviewing several other cases involving the former President.
TECH POLICY PRIORITIES
Section 230/Intermediary Liability/Content Moderation. The Senate passed legislation (the REPORT Act, sponsored by Sens. Blackburn (R-TN) and Ossoff (D-GA), which aims to strengthen the reporting process for social media companies regarding sexually exploitative content involving children. Sen. Josh Hawley tried unsuccessfully to quickly pass by unanimous consent in the Senate the legislation he sponsored with Sen. Blumenthal (D-CT) to declare that Section 230 immunity will not apply to claims based on generative AI. The Senate Judiciary Committee continues its plan to hold a Jan. 31 hearing addressing children’s online safety with CEO-level witnesses from social media companies.
Federal Privacy. Efforts to schedule Senate floor votes on pending children’s online privacy and safety bills that were approved by the Senate Commerce Committee will resume in 2024 when Congress returns. The House Energy and Commerce Committee has not yet offered text for a comprehensive federal consumer data privacy and security bill in this Congress. The House Energy and Commerce Chair Cathy McMorris Rodgers (R-WA) believes that a critical first step toward achieving U.S. AI leadership is passing a national data privacy standard.
Copyright/IP. On December 13, the U.S. House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet held a hearing to examine the current state of copyright infringement on the Internet, especially issues related to illicit streaming services. A growing number of content industry advocates are calling for Congress to create a new federal right of publicity to address the unprecedented scale on which AI tools can facilitate the improper use of a creator’s image, likeness, and voice.
Antitrust/Competition. The U.S. Justice Department and Federal Trade Commission released the final version of new merger guidelines on December 18. A jury ruled in favor of Epic Games in its lawsuit against Google, finding that Google’s app store and billing service constitute an illegal monopoly. Google plans to appeal. Amazon filed a motion to dismiss the lawsuit filed against it by the FTC and 17 states which alleges that Amazon engages in illegal online sales tactics.
Broadband. The FCC received multitudes of public comments in response to the Open Internet rulemaking in which it proposes to reclassify broadband Internet access service as a Title II telecommunications service under the Communications Act and to reinstate bright-line rules to prevent blocking, throttling, and paid prioritization. Reply comments are due on January 17. The World Radiocommunication Conference 2023 (WRC-23) in Dubai, United Arab Emirates, concluded on December 15. The U.S. delegation touted the successful advancement of policy priorities across a range of U.S. interests that depend on the finite, critical resource of radiofrequency spectrum. Congress is still working through a number of unsettled wireless issues, including the need to restore the FCC spectrum auction authority that lapsed on March 9, 2023.
ISSUES
Section 230/Intermediary Liability/Content Moderation
Senate: Tech Sector & Civil Society Opposition to Hawley Bill Denying 230 Immunity for AI-Generated Content – Sen. Ted Cruz blocked Senate floor action on a bill that would make tech companies liable for content created with their artificial intelligence tools, saying it would harm America’s leadership in the global race on AI development. Sen. Josh Hawley (R-MO) went to the Senate floor on Dec. 13 intending to use an expedited voting process — known as unanimous consent — to move his bill, S. 1993, the “No Section 230 Immunity for AI Act,” co-written with Sen. Richard Blumenthal (D-CT).
- The two-page Hawley/Blumenthal bill that never received a committee vote would prevent content created by generative AI technologies, like ChatGPT, from being protected under Section 230 of the Communications Act. The move on the floor by Hawley was not expected to succeed, and Cruz’s objection officially stopped the measure from reaching the floor. As the ranking member of the Senate Commerce Committee, Cruz said the bill needs to move through regular order and hasn’t had a hearing. Cruz said he’d be happy to work with Hawley on the bill, but they need to make sure they’re legislating on AI in a way that would be effective. Cruz said Hawley’s bill was overly broad — and he would like next year to work on more targeted reforms to Section 230.
- A group of civil society and technology trade associations, including the i2Coalition, sent a letter in December to the bipartisan Senate leaders Schumer (D-NY) and McConnell (R-KY) expressing serious concerns about the “No Section 230 Immunity for AI Act,” noting that the bill would threaten freedom of expression, content moderation, and innovation. They added that, far from targeting any clear problem, the bill takes a sweeping, overly broad approach, preempting an important public policy debate without sufficient consideration of the complexities at hand.
Senate Passes REPORT Act – The Senate passed the REPORT Act (Blackburn (R-TN)/Ossoff (D-GA)), which aims to strengthen the reporting process for social media companies regarding sexually exploitative content involving children. The bipartisan measure requires social media companies to report incidents of sex trafficking and online enticement of children to a national cyber tip hotline. It also increases penalties for failing to report such content. The bill now moves to the House for further consideration.
Senate: Cruz (R-TX) Signs Letter Accusing FBI, CISA, State, and NSF of Violating First Amendment – Senator Ted Cruz has accused several US agencies of violating the First Amendment by pressuring social media companies to remove content. Cruz claims that the State Department provided social media companies with a list of individuals deemed “inauthentic,” including American citizens. The agencies reportedly have not commented on the matter.
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 Committee Chair Maria Cantwell (D-WA) postponed attempts to pass by unanimous consent the Kids Online Safety Act (KOSA) as she works to address concerns raised by various groups that it could restrict access to content helping teens in the LGBTQ+ community Groups supporting KOSA want Majority Leader Schumer to schedule a floor vote for the bill in early 2024. While the House has not zeroed in on passing specific children’s online safety legislation to date, Speaker Johnson reportedly has discussed the possibility of moving legislation to protect children online early in 2024, which could include a privacy component. Meanwhile, the Senate Judiciary Committee will continue its focus on kids’ privacy protection and online safety, holding a highly anticipated hearing on January 31st with the CEOS of Snap, X, TikTok, Discord, and Meta.
FTC: New COPPA Rule Update Proposed – On Dec. 20, the FTC proposed a new rule to restrict how companies collect and monetize children’s data by updating its existing rule around the 1998 Children’s Online Privacy Protection Act (COPPA). The FTC is inviting comments on the proposed rule, which seeks to strengthen data protection for kids, including requiring companies to turn off targeted advertising to kids under 13 by default and mandating parental consent to disclose information to third parties. This proposal is the first action the FTC has taken since announcing in 2019 it was going to update its existing COPPA rule, which currently prohibits companies from collecting data from kids younger than 13 without parental consent. The potential changes come as Congress has failed to pass the Children and Teen’s Online Privacy Protection (COPPA 2.0), which also seeks to update and strengthen COPPA by expanding online privacy protections to kids up to age 16 and banning targeted advertising for those children. The proposed FTC rule would also ban companies from using data collected under COPPA to send push notifications to children to encourage them to stay on their products. It also proposes codifying its current guidance to prohibit companies from commercially using kids’ data collected via school-issued devices and online learning services. After its publication in the Federal Register, there will be a 60-day public comment period. Congress is expected to work on COPPA 2.0 when it returns in January, but the timing for any action on the measure is still unclear. Meanwhile, states are taking action. Earlier, more than 30 state attorneys general sued Meta over allegations the company violated COPPA in knowingly collecting data from kids under age 13 without parental consent.
Congress: FISA 4-Month Extension Included in NDAA – The House and Senate agreed on a 4-month extension of FISA and included draft language to effectuate it in the NDAA, which was then passed by both bodies. This action gives policymakers more time to reconcile the current differences between FISA reauthorization proposals recently advanced by the House Judiciary Committee, Senate Intelligence Committee, and House Intelligence Committee.
House: GOP Energy and Commerce Committee Letter to China E-Commerce Companies – On Dec. 20, E&C Committee Chair Cathy McMorris Rodgers (R-WA) and Innovation, Data, and Commerce Subcommittee Chair Gus Bilirakis (R-FL), on behalf of subcommittee Republicans, sent a letter to China-based e-commerce companies raising concerns over data privacy and security risks for American users, the counterfeit products flourishing on these platforms, and reports of horrific human rights abuses. The Committee Republicans posted a press statement and links to letters (TikTok, Whaleco, Shein & Alibaba), which pose a series of questions to be answered by January 12, 2024.
House: E&C Republicans Object to FCC Data Breach Rules – Ten House Commerce Republicans, led by Rep. Kat Cammack of Florida, have objected to the Federal Communications Commission (FCC) approving data breach notification rules that they claim violate a 2017 Congressional Review Act (CRA) resolution. The resolution rescinded similar regulations as part of the commission’s 2016 Internet Service Provider (ISP) privacy order.
FCC Signs MOU With Four States on Privacy, Cyber, and Data – The FCC has partnered with four state attorneys general to investigate and take enforcement actions against privacy, data protection, and cybersecurity violations. The partnership aims to strengthen consumer privacy protection and hold companies that violate the law accountable.
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
House: Judiciary IP Subcommittee Hearing on Piracy & SIte Blocking – On December 13, the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet held a hearing titled “Digital Copyright Piracy: Protecting American Consumers, Workers, and Creators” to examine the current state of copyright infringement on the Internet, especially issues related to illicit streaming services. The subcommittee leadership and membership from both sides of the aisle demonstrated an earnest desire to address the worst of professional online piracy and a commitment to further hearings on the subject. The House IP Subcommittee Chair Darrell Issa (R-CA) noted the unique legal challenges posed by infringing platforms offering free content to American consumers through overseas operations outside the jurisdiction of U.S. law. Throughout the hearing, Issa was quick to support requests to expand the hearing record and laid the groundwork for future copyright hearings, including voices from stakeholders who declined to appear at this juncture. Panelists appearing before the subcommittee discussed several legislative measures that they asserted would give copyright owners more effective tools than current notice and takedown procedures under the Digital Millennium Copyright Act (DMCA).
Senate: NO FAKES Act Groups’ Opposition Letter – On Dec. 15, a coalition of think tanks and civil society groups wrote to Sen. Coons (D-DE) and Tillis (R-NC) to express concern with their draft ‘NO FAKES’ proposal. As currently written, the legislation would bolster protections for creators by prohibiting digital replicas of someone’s face, name, or voice without their consent. While expressing support for the legislation’s overarching goals, the advocates argue in the letter that the bill places overly broad restrictions on using generative AI tools that could violate First Amendment rights.
USCO AI NOI: ASCAP Calls Out AI Companies ‘Rampant Disregard’ for Creators’ Rights – In comments filed with the US Copyright Office, the American Society of Composers, Authors, and Publishers (“ASCAP”) argued that AI companies need to license material from copyright owners to train their models and that “a new federal right of publicity” is necessary to address the unprecedented scale on which AI tools facilitate the improper use of a creator’s image, likeness, and voice. The comments were submitted as part of the Copyright Office’s ongoing study of copyright issues raised by the recent advent of generative artificial intelligence.
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
Senate: Harry Coker Confirmed as National Cyber Director – On December 12, the Senate confirmed Harry Coker (59-40) as the White House’s second-ever National Cyber Director. Coker spent 17 years at the CIA in various leadership positions, including the directorate of digital innovation and the directorate of science and technology. He’s also the former Executive Director of the National Security Agency.
CISA: Advice to Vendors to Eliminate Default Passwords CISA is urging manufacturers to eliminate default passwords in their products due to the vulnerability they pose. This comes after Iranian-linked hackers targeted water facilities using default passwords. CISA, the National Security Agency, and the Office of the Director of National Intelligence have also released guidance for secure open-source software development to improve the software supply chain.
CISA, Other Agencies Warn of Cyber Attacks on U.S. Water and Wastewater Systems Facilities – Iranian government-affiliated cyber actors known as “CyberAv3ngers” are currently targeting Israeli-made Unitronics Vision Series programmable logic controllers (PLCs) used in water and wastewater systems. They exploit default credentials and leave defacement messages. The FBI, CISA, NSA, EPA, and INCD have issued a joint cybersecurity advisory that provides recommended mitigations, including changing default passwords, disconnecting PLCs from the internet, implementing multifactor authentication, and creating backups.
GAO: Reports Shows Only Three Civilian Agencies Have Met Cyber Standards – Only three out of 23 civilian Chief Financial Officer Act agencies have met the cyber event logging standards set out in President Biden’s cybersecurity executive order, per a new report from the Government Accountability Office (GAO). Lack of staff, technical challenges, and limited cyber threat information sharing were cited as primary impediments to compliance. The GAO report emphasizes the need for agencies to quickly implement all event logging requirements to enhance the government’s ability to detect and respond to cyber threats.
DHS: Project to Create Multicloud Environment for Testing, Send letter to CISA – The Department of Homeland Security is developing a multi-cloud, multi-tenant environment called CAP-M, which aims to create complex machine-learning capabilities through commercial cloud services. DHS is conducting market research for a possible cloud services contract for CAP-M to improve cyber and infrastructure security missions. The deadline for responses to the request for information is January 5, 2024.
House: Bipartisan Cybersecurity Workforce Enhancement Legislation – A bipartisan bill has been introduced to enhance the cybersecurity workforce in the US. The Federal Cybersecurity Workforce Expansion Act aims to establish a cybersecurity apprenticeship program and a pilot program for cybersecurity training for veterans. The bill follows other federal efforts to strengthen the cybersecurity workforce.
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
DOJ & FTC: Final Revised Merger Guidelines Released – The Biden administration put the finishing touches on its long-promised merger guidelines. The final version was released on Dec. 18. The new 2023 Merger Guidelines are not themselves legally binding, but provide transparency into the agencies’ decision-making process. The Guidelines do not predetermine enforcement action by the agencies. Although the Merger Guidelines identify the factors and frameworks the agencies consider when investigating mergers, the agencies’ enforcement decisions will necessarily depend on the facts in any case and will continue to require prosecutorial discretion and judgment.
Federal Court: Epic Games Wins Lawsuit Against Google’s Play Store – A jury ruled in favor of Epic Games in its lawsuit against Google, finding that Google’s app store and billing service constitute an illegal monopoly. Google plans to appeal the verdict. The judge will determine the appropriate remedies in the case.
Federal Court: Amazon Files Motion to Dismiss FTC Lawsuit – Several months ago, the FTC, along with 17 state attorneys general, sued Amazon for engaging in illegal tactics such as punishing sellers who list their products for better prices elsewhere and forcing sellers to use Amazon’s own fulfillment service by tying it to Prime eligibility. On Dec. 8, Amazon filed a motion to dismiss the lawsuit arguing that the company engages in common retail practices that benefit consumers and are the essence of competition.
i2Coalition’s Perspective – i2Coalition monitors but has not actively engaged on this issue.
Trade/Tax
Senate: Letter Urging Biden to Reverse U.S. Trade Decision – Thirty-two senators have urged President Biden to reverse the U.S. Trade Representative Katherine Tai’s decision to abandon digital trade provisions at the WTO. The senators argue that it hurts U.S. workers, consumers, businesses, and allies while benefiting adversaries. The White House and USTR have not commented on the matter.
OECD Tax Negotiations Status – The Biden administration’s top tax negotiator to the OECD is leaving his post. Michael Plowgian, deputy assistant secretary for international tax affairs, is leaving the government by the end of December. The administration has been trying to complete an international agreement on how to tax the world’s biggest companies. The OECD has been facilitating the talks. The Treasury Department is working to install a successor to Plowgian. In the talks, the administration has struggled to replace a hodgepodge of digital services taxes with a more systematic way of taxing big multinational companies. Plowgian has been pushing to extend an agreement among OECD countries to hold off on the levies beyond the end of this year to allow more time for negotiations. At the same time, Plowgian and other top officials have been trying to persuade Canada not to abandon the effort entirely. Some observers believe Pillar One of the project is probably doomed and say policymakers need to figure out a way to make peace with digital services taxes. The Pillar Two section of the effort, which would create an international minimum tax on the largest companies, is reported to be much further along. Plowgian has been at the Treasury for a little more than two years, spending the last year as its top negotiator to the OECD.
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.
Artificial Intelligence
NTIA: Public Inquiry on Open AI – The National Telecommunications and Information Administration is conducting a public inquiry into the risks and benefits of openness in artificial intelligence (AI) models and their components. The agency’s administrator, Alan Davidson, announced the launch of this inquiry.
DHS: New Guidance for AI – The Department of Homeland Security (DHS) is adopting AI by issuing guidance on commercial AI apps. The DHS is experimenting with building its own models and working with industry partners to understand the benefits and deployment methods of different AI technologies.
Oregon: Governor Creates State AI Council – Oregon Governor Tina Kotek has established an advisory council to explore using artificial intelligence (AI) in state government. The council, created through an executive order, will focus on the risks and benefits of AI, including concerns about ethics, privacy, equity, security, and social change. State Chief Information Officer Terrence Woods will lead the council.
GAO, Majority of Agencies Not Meeting AI Requirements – The Government Accountability Office (GAO) has released a report that found while progress is being made, there is still work to be done at DOD and other agencies in using artificial intelligence (AI) and meeting federal AI guidelines. The report recommends that agencies correct inventory inaccuracies and fully implement AI guidance.
FSOC Warns of AI as Emerging Vulnerability in Finance & Senate Legislation – The Financial Stability Oversight Council (FSOC) has warned about the risks associated with using AI in finance, citing concerns such as bias, inaccurate results, and lack of transparency in AI models. The council highlighted the need for stronger oversight due to the potential introduction of new risks in the financial system. Authorities expressed concerns about the use of AI in various sectors. Sens. Mark Warner (D-Va.) and John Kennedy (R-LA) introduced legislation on Dec. 19 to require the Financial Stability Oversight Council to coordinate a response to market stability threats posed by AI, such as the use of deep fakes, and recommend ways to close regulatory gaps. The bill would also allow the SEC to pursue treble penalties for market manipulation and fraud involving AI, and it would give credit unions and housing regulators the authority to oversee AI service providers.
House Science Raises Concerns with NIST on AI Research Funds – The House Committee on Science, Space, and Technology has requested a briefing from the National Institute of Standards and Technology (NIST) on the distribution of federal AI research funds. The committee leaders are concerned about the lack of publicly available information about the awards process. The funds will be granted through NIST’s new AI Safety Institute, established by President Biden’s executive order, to research testing and evaluation methods for advanced AI models.
NSF Establishes Guidelines to Ensure Fair Review of AI Proposals – NSF has released guidelines for the use of generative AI in its merit review process, which restrict the use of non-approved tools and encourage proposers to disclose if generative AI is used. NSF has approved the use of only publicly accessible, commercial generative AI for public information and is exploring the safe implementation of generative AI. The guidelines aim to protect the integrity of the review process and address potential risks.
i2Coalition’s Perspective – i2Coalition monitors but has not actively engaged on this issue.
Telecommunications
FCC: Open Internet NPRM – Multitudes of comments were filed with the FCC in response to the Open Internet rulemaking launched on October 19. The i2Coalition filed comments supporting Title II reclassification of broadband Internet access service (BIAS) as defined by the FCC. The i2Coalition comments also explained in detail that VPNs, CDNs, web hosting services, data storage services, and stand-alone DNS services do not fall into the scope of the BIAS definition. The current record reflects support from numerous public interest groups and some major tech trade associations for Title II reclassification. Interests representing major fixed and wireless broadband providers opposed, and have criticized as unnecessary, the FCC’s Title II proposals as well as the agency’s proposed reinstatement of open Internet regulations through broader exercise of FCC authority. Reply comments are due on January 17 in the proceeding. After the FCC reviews the record and issues a decision later in 2024, the decision, likely resulting in the reimposition of Title II classification and adoption of regulations, is expected to be appealed in federal court.
Congress: GOP Letter (Thune, Cruz, McMorris Rodgers, Latta) Raises Concerns Over ACP – Key Republican lawmakers sent a letter to FCC Chairwoman Rosenworcel, raising concerns about her recent statements about the Affordable Connectivity Program (ACP). In the letter, they dispute the FCC Chairwoman’s claim that 25 million households would lose internet access without additional funding for the ACP. The letter requested additional information about the FCC’s oversight and data related to the program.
Senate and House Democrats Urge FCC to Reinstate EEO – In a Dec. 12 letter, 27 Democrats have urged the FCC to reinstate broadcaster equal employment opportunity data collection. The data was suspended in 2001, and efforts to revive it have been delayed. It’s believed that the lack of a Democratic majority in the FCC is the reason for the delay in reinstatement. The lawmakers argue that collecting workforce diversity data is crucial for transparency and accountability in the broadcast industry.
Federal Court: 11th Circuit Rules in Favor of USF – The 11th Circuit U.S. Court of Appeals ruled on Dec. 14 in favor of the FCC, stating that the agency did not violate the nondelegation doctrine when it used the USAC to calculate Universal Service Fund (USF) contribution factors and administer USF programs. The decision was welcomed by industry and consumer advocacy groups who believe it affirms the constitutionality of the USF program.
NTIA is Actively Monitoring the BEAD Program for States – According to the National Telecommunications and Information Administration (NTIA), 25 states have submitted the first part of their proposals for the broadband, equity, access, and deployment (BEAD) program. Additionally, six states have submitted both volumes of their proposals.
NTIA: Comments on National Spectrum Strategy Due January 2nd – The National Telecommunications and Information Administration (NTIA) is seeking feedback on an implementation plan for the national spectrum strategy. Interested parties have until January 2nd to provide comments and can schedule meetings with NTIA staff. The plan aims to boost investment in spectrum-related technologies and effectively plan for future spectrum needs. The NTIA is particularly interested in input on the next 1-3 years to accelerate US leadership in wireless communications and unlock innovations for the benefit of the American people.
NTIA Views on DoD Lower 3 Gigahertz Study – The Department of Defense (DoD) cannot currently share the lower 3 GHz band with commercial users, according to the National Telecommunications and Information Administration (NTIA). Sharing may be possible in the future, but a new DoD study indicates that it is not feasible at the moment.
WRC 2023 Concluded – The U.S. delegation to the World Radiocommunication Conference 2023 (WRC-23) in Dubai, United Arab Emirates, successfully advanced policy priorities across the full range of U.S. interests that depend on the finite, critical resource of radiofrequency spectrum. The U.S. Department of State Deputy Assistant Secretary (DAS) Steve Lang led representatives from multiple U.S. government agencies and the private sector who participated in the conference, which concluded on December 15. Agreements reached during the four-week conference will help expand digital connectivity and drive technological innovation, unlock the space economy and promote the next generation of space science, protect U.S. national defense capabilities, and preserve maritime and aviation safety. Although U.S. officials broadly declared wins in areas like 5G, Wi-Fi, satellites, and weather forecasting policies, the U.S. is still struggling with other wireless issues. Congress still hasn’t restored the FCC spectrum auction authority that lapsed on March 9 and will enter 2024 with little improved clarity over how to do so, which could have big consequences for the U.S. telecom rivalry with other nations like China.
FCC Proposing Rapid Response to Solve Pole Attachment Disputes – At its December meeting, the FCC voted on proposing a “rapid response team” called the Rapid Broadband Assessment Team (RBAT) to solve pole attachment disputes for broadband deployment. The team would mediate and find solutions to these disputes, and if an agreement cannot be reached, the FCC would adjudicate the issue within 60 days.
i2Coalition’s Perspective – As noted above, the i2Coalition filed comments in the FCC’s Open Internet proceeding on December 14, 2023, to protect the interests of our members that provide VPN, stand-alone DNS, CDN services, web hosting, and data storage services. Our comments pointed out that none of those services are within the scope of broadband Internet access service (BIAS), as defined by the FCC. We will carefully monitor the course of the rulemaking and participate actively as necessary before the agency over the next several months as the FCC develops a proposed decision.
Energy/Environment
VP Harris at COP28 – Latest Admin Activity – Methane Rule and New FHA Rule on Emissions Reductions – Vice President Kamala Harris traveled to Dubai to participate in COP28. The White House announced EPA’s final standards on methane emissions and other harmful air pollutants from oil and gas operations. The goal is to achieve a nearly 80 percent reduction below future methane emissions that would be expected without the rule. This mainly applies to plugging leaking gas pipelines, and environmental advocates, industry, and labor are generally supportive. Also announced was a new Federal Highway Administration rule requiring any projects funded with federal money to set targets for declining emissions. The rule requires state transportation departments and local metropolitan planning organizations to measure and report the amount of heat-trapping pollution that highway projects would create. Then, those agencies would have to set new goals on emissions reductions over 2-4 years.
House: E&C Passes Gas Appliance Bill: In a further effort to prevent the Administration from regulating gas appliances like stoves and water heaters, the House Energy and Commerce Committee approved the Hands Off Our Home Appliances Act sponsored by Rep. Debbie Lesko (R-AZ). The legislation (HR 6192) would prohibit the Department of Energy from issuing energy conservation standards on residential gas appliances.
i2Coalition’s Perspective – i2Coalition monitors but has not actively engaged on this issue.
RELEVANT HEARINGS & EVENTS TRACKED BY i2COALITION IN DECEMBER
December 5
- Senate Judiciary Committee, “Oversight of the Federal Bureau of Investigation.”
- House Energy and Commerce, Subcommittee on Communications and Technology, “Oversight of the National Telecommunications and Information Administration.”
- House Energy and Commerce, Full Committee Markup,Full Committee Markup. Bills including:
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- R. 5677, 5G Spectrum Authority Licensing Enforcement (5G SALE) Act (Rep. Joyce)
- R. 4167, Protecting America’s Distribution Transformer Supply Chain Act (Rep. Hudson)
- R. 6192, Hands Off Our Home Appliances Act (Rep. Lesko)
- R. ___,Promoting Resilient Supply Chains Act (Reps. Bucshon and Blunt Rochester)
- R. ___,Deploying American Blockchains Act (Reps. Bucshon and Blunt Rochester)
- R. 5390, Critical Infrastructure Manufacturing Feasibility Act (Reps. Miller-Meeks, Bucshon, Johnson, Kuster, Schrier, and Spanberger)
- R. 5398, Advancing Tech Startups Act (Reps. Johnson and Phillips)
- R. 5146, Advancing Gig Economy Act (Reps. Joyce and Pence)
- R. 3950, Transparency In Charges for Key Events Ticketing (TICKET) Act (Reps. Bilirakis and Schakowsky)
- R. ___,Speculative Ticketing Oversight and Prohibition Act or the STOP Act of 2023 (Reps. Armstrong, Bilirakis, and Schakowsky)
- R. 6543, No Hidden Fees on Extra Expenses for Stays Act (Rep. Kim)
- R. 6125, Online Dating Safety Act of 2023 (Reps. Valadao and Pettersen)
- R. 4814, Consumer Safety Technology Act (Reps. Soto, Burgess, Trahan, and Guthrie)
- R. 5396, Coverage Determination Clarity Act of 2023 (Rep. Bucshon)
- R. 5371, Choices for Increased Mobility Act of 2023 (Reps. Joyce and Phillips)
- R. 5388, Supporting Innovation for Seniors Act (Reps. Balderson and Buchanan)
- R. 6364, Medicare Telehealth Privacy Act of 2023 (Reps. Balderson, Dunn, Schweikert, and Carey)
December 6
- House Judiciary Committee, Full Committee Markup, R. 6570, the “Protect Liberty and End Warrantless Surveillance Act.”
- House Oversight, Subcommittee on Cybersecurity, Information Technology, and Governmental, “White House Policy on AI.”
December 12
- House Homeland Security Committee, Subcommittee on Cybersecurity and Infrastructure Protection, Considering DHS’ and CISA’s Role in Securing Artificial Intelligence.”
- House Committee on Education & the Workforce, Full Committee Markup.
December 13
- House Judiciary Committee, Subcommittee on Courts, Intellectual Property, and the Internet, “Digital Copyright Piracy: Protecting American Consumers, Workers, and Creators,” “Digital Copyright Piracy: Protecting American Consumers, Workers, and Creators.”
- Senate Judiciary, Subcommittee on Competition Policy, Antitrust, and Consumer Rights, “The Invisible Hand? The Impact of Algorithms on Competition and Consumer Rights.”
- House Select Committee on the CCP, “CCP Transnational Repression: The Party’s Effort to Silence and Coerce Critics Overseas.”
