Your update on important Internet policy issues
OUTLOOK
When the House and Senate return to Washington from their February recess periods, they will have little time left to reach an agreement on the FY 2024 federal government budget legislation expected to exceed $1.7 trillion in order to avert a government shutdown. Negotiations are intensifying as the House and Senate appropriators work to meet March 1 and March 8 government funding deadlines. The budget negotiations are reportedly complicated by disagreements over policy riders, which may restrict agency actions on specific issues. A bipartisan group of House lawmakers has introduced a foreign aid and border security package worth $66.3 billion. This measure is an alternative to the Senate’s $95.3 billion national security supplemental bill. The House version primarily focuses on military assistance for Ukraine, Israel, and Taiwan, significantly reducing or excluding the humanitarian and economic support included in the Senate’s proposal. The bill is potentially a temporary solution to border security while providing necessary military funding support to allies. However, the future of the House alternative bill depends on further discussions. The Senate’s immediate responsibility after the February recess involves impeachment. On February 13, after an extremely close vote (214-213), House Republicans succeeded in their second attempt to impeach Department of Homeland Security Secretary Alejandro Mayorkas, requiring the Senate to conduct an impeachment trial. The House Republicans claim that Secretary Mayorkas has committed “high crimes and misdemeanors” in his handling of the southern border. Former President Trump and President Biden are the Republican and Democrat frontrunner candidates, respectively, in the 2024 Presidential campaign. Primary elections in the states are advancing, and notably, on March 5, Super Tuesday, primary votes will be cast in fifteen states and one territory. President Biden’s State of the Union address before a joint session of Congress is scheduled for March 7.
TECH POLICY PRIORITIES
Section 230/Intermediary Liability/Content Moderation. Leading Senate Judiciary Committee members who support Section 230 reform and children’s online safety bills, including the STOP CSAM Act and the EARN IT Act, are vowing to push for Senate passage of a package of bills already approved by the Judiciary Committee when the Senate resumes legislative business after the February recess. These calls for action follow the Senate Judiciary Committee’s high-profile hearing on January 31 when Senators grilled the CEOs of five social media platforms (Meta, X, Snap, TikTok, and Discord) about the online child exploitation crisis and social media’s role while numerous parents of victims personally observed the proceedings in the audience. While the Senate Judiciary hearing was front-page news, it is unclear what direction any House action will take on these issues.
Federal Privacy. House Energy and Commerce Chair Cathy McMorris Rodgers (R-WA), a lead author in the prior Congress of a bipartisan federal comprehensive consumer data privacy and security measure, has decided not to seek reelection in 2024 and will leave at the end of this Congress. The Senate contemplates floor action as soon as possible this spring on measures developed in the Senate Commerce Committee to promote online safety and privacy for children and teens (the revised Kids Online Safety Act, with more than 60 Senate sponsors and the support of several major tech companies, and the bill known as COPPA 2.0, now supported by the bipartisan leaders of the Senate Commerce Committee). Given Chairwoman Rodgers’ decision to leave Congress and the tight legislative calendar in this election year, it is unclear what action the House Energy and Commerce Committee may take on federal privacy and children’s online privacy and safety legislation. Meanwhile, the Biden Administration continues to work on kids’ online health and safety, including through a task force listening session with senior officials held on January 31.
Copyright/IP. Numerous creators recently announced their support for the NO AI FRAUD Act, House legislation introduced in January by Reps. Salazar (R-FL) and Dean (D-PA) to establish a federal framework for protecting an individual’s voice or likeness in the age of AI. A California federal judge dismissed parts of a lawsuit against OpenAI by authors, including Sarah Silverman, which alleged copyright infringement by OpenAI’s use of their works to train ChatGPT. The judge ruled that the AI’s outputs did not significantly resemble the authors’ content and rejected the claim of copyright violation, with the opportunity for the authors to amend their complaint.
Antitrust/Competition. Senator Amy Klobuchar, joined by several Democrat colleagues, introduced a bill to prevent algorithmic price fixing. As their agencies advance specific pending enforcement cases, FTC Chair Lina Khan and U.S. DOJ antitrust chief Jonathan Kanter continue to engage in broader public discussions about the need for antitrust vigilance regarding major technology companies, including scrutiny of their investments in new areas such as AI.
Broadband. Whether Congress will allocate funding to extend the FCC’s Affordable Connectivity Program dominates many current policymaker conversations about the state of U.S. broadband access and deployment. The program, which assists about 23 million low-income households in payment of their monthly Internet bills, is expected to run out of funding by early spring. The National Science Foundation is seeking public comments by March 21 on a National Spectrum Research and Development Plan.
ISSUES
Section 230/Intermediary Liability/Content Moderation
Senate: Wyden Blocks Hawley’s Attempts to Pass STOP CSAM Act; Graham Expected to Seek Floor Action – On February 6, Senator Ron Wyden blocked Senator Josh Hawley’s attempt to pass the Stop CSAM Act through a unanimous consent process. Hawley argued that holding tech companies accountable for harming children is necessary, while Wyden raised concerns about how the legislation could weaken encryption. Senator Lindsey Graham has said he plans to seek unanimous consent for the EARN IT Act, the STOP CSAM Act, the Shield Act, the Report Act, and the Protect Safe Childhood Act. This activity is expected in the coming weeks when the Senate resumes regular legislative business.
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: Cantwell/Cruz Co-Sponsor Latest Version of COPPA 2.0 – Senate Commerce Committee Chair Maria Cantwell and Ranking Member Ted Cruz are cosponsoring a bill to update the Children’s Online Privacy Protection Act (COPPA). The latest version, known as COPPA 2.0, includes input from stakeholders and aims to make technical corrections and small modifications.
Senate: Updated KOSA Bill Introduced – The Kids Online Safety Act (KOSA) has gained enough bipartisan support to overcome a Senate filibuster following revisions to the bill. The changes address concerns raised by LGBTQ+ advocacy and privacy groups, revising aspects of the enforcement responsibility with a focus on the Federal Trade Commission’s authority. This move aims to prevent conservative state AGs from restricting LGBTQ+ content. The bill has garnered support from major tech companies and key LGBTQ+ advocacy groups, signaling a potential path forward. However, its passage still faces challenges, including navigating a tight legislative calendar and no companion bill in the House.
Biden Admin: Kids Online Health and Safety Task Force Listening Session – A Biden Administration listening session convened with a focus on discussing the impacts of the online environment on children. In May 2023, the Biden-Harris Administration implemented measures to improve young people’s mental health, safety, and privacy online. This includes a Task Force on Kids’ Online Health and Safety, which focuses on identifying and countering the negative health impacts of online platforms on minors. Senior officials gave remarks at the event:
- Dr. Arati Prabhakar, Director of the Office of Science and Technology Policy at the White House, initiated the session. She emphasized the integral role of the online environment in modern life and its profound impact on children. Dr. Prabhakar highlighted the administration’s efforts to address these challenges in collaboration with the Domestic Policy Council and National Economic Council.
- Neera Tanden, Director of the Domestic Policy Council, continued the discourse by focusing on the mental health aspects of children in the digital age. She pointed out the rising mental health challenges and the correlation between social media use and mental distress among teenagers. Tanden emphasized the need for understanding and protecting children in this rapidly changing environment.
- John Donnenberg, Deputy Director at the National Economic Council, stressed the importance of strong federal privacy legislation. He highlighted the complexities introduced by advancements in artificial intelligence and the pervasive nature of data brokerage, particularly concerning children’s data.
- Alan Davidson, Assistant Secretary, NTIA, spoke about the Internet as a double-edged sword, offering educational and social benefits and posing significant risks to young people. He underlined the need for action to address privacy concerns, harassment, and mental health threats faced by children online.
- Dr. Miriam Delphin-Rittmon from SAMHSA brought attention to the administration’s commitment to addressing mental health and substance use crises among youth. She emphasized the need for research on social media’s role in young people’s lives and the development of strategies to mitigate its harmful effects.
- Surgeon General Dr. Vivek Murthy shared his experiences interacting with parents and young people about social media. He expressed concerns about the safety of social media for children, citing evidence of increased risks of anxiety and depression with prolonged social media use.
- Finally, FTC Commissioner Alvaro Bedoya discussed the Commission’s initiatives to safeguard children online. He talked about updating privacy rules, onboarding mental health experts, and enforcing privacy settings on platforms like Fortnite to protect children from online harm.
FTC: COPPA Proposed Rule Amendments Comments Due March 11 – The FTC is accepting public comments by March 11 regarding a series of proposed amendments to its COPPA Rule, which were released in December. A summary of several of the key areas identified for public input is here.
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: Creators Demonstrate Their Support for the No AI FRAUD Act – Led by the Human Artistry Rights Campaign, nearly 300 artists, songwriters, actors, and other creators recently announced their support for the NO AI FRAUD Act. The legislation was introduced in January by Reps. Salazar (R-FL) and Dean (D-PA) to establish a federal framework for protecting an individual’s voice or likeness in the age of AI. The House IP Subcommittee recently held a field hearing on the legislation, demonstrating strong support for the legislation within the artist community and some cynicism, at least about some of the bill’s provisions, among Members of Congress.
AI Litigation Update: Court Rules ChatGPT Not Similar to Works of Author – A California federal judge dismissed parts of a lawsuit against OpenAI by authors including Sarah Silverman and Ta-Nehisi Coates, who alleged copyright infringement by OpenAI’s use of their works to train ChatGPT. The judge, Araceli Martinez-Olguin, ruled that the AI’s outputs did not significantly resemble the authors’ content and rejected the claim of copyright violation, allowing the authors a chance to amend their complaint. This case reflects broader legal debates over the use of copyrighted materials in AI training.
USPTO: Plans to Award $70 Million for Patent Search Artificial Intelligence Capabilities – The U.S. Patent and Trademark Office plans to award a $70 million contract to Accenture Federal Services for its Patent Search Artificial Intelligence capabilities. This contract is for the maintenance and enhancement of the AI-based search tool used by examiners to assess the novelty of inventions. The office is modernizing its Patents Automated Information Systems through the PE2E suite, which includes AI search capabilities. This move aims to improve searches for ‘prior art’ during the patent process.
U.S.PTO: Guidance on Patenting AI-Assisted Inventions – On Feb.12, the U.S. Patent and Trademark Office (“PTO”) released new guidance for inventors seeking to patent inventions created with the help of artificial intelligence. The new guidance clarifies that an individual can use AI to invent something and still be eligible for a patent, provided the inventor makes a “significant contribution” towards the invention. There’s no definitive threshold for determining what constitutes a “significant contribution,” so going forward, most decisions will be handled on a case-by-case basis. Interested parties have until May 13 to comment on the PTO’s new guidance.
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
Dept. of Commerce: IaaS (Know Your Customer) Rulemaking – The Department of Commerce proposed new rules involving the protection of cloud services from foreign cyber threats that would implement two Executive Orders. The proposed rules include requirements that cloud providers verify foreign users’ identities and submit customer information reports. The detailed proposals aim to prevent malicious cyber activity and are also part of the Biden Administration’s AI safety efforts. Some industry observers are calling for greater engagement in this proceeding to avoid unintended consequences. Comments are due on April 29.
House: Homeland Security Chairman Announces Retirement – On the heels of leading a House vote to impeach Department of Homeland Security Secretary Alejandro Mayorkas, Rep. Mark Green (R-WI), Chairman of the House Homeland Security Committee, announced his retirement. This will kick off a race to head the committee.
House: Bi-Partisan Letter Urges Commerce to Restrict TikTok Updates – Lawmakers, including Dan Crenshaw and Josh Gottheimer, have written to the Commerce Department, urging Secretary Raimondo to block TikTok software updates over security concerns and its links to the Chinese Communist Party.
House: E&C Communications Subcommittee to Hold Hearing on Network Security Bills –
The House Communications Subcommittee held a hearing on Feb. 15 to consider five bills that address U.S. network security. This includes legislation to form a 6G task force (Future Networks Act), legislation to flag foreign-owned communications companies (Foreign Adversary Communications Transparency Act), bills related to Chinese drone manufacturers, Taiwan’s communications security, and restrictions on technology transactions. These bills aim to safeguard U.S. infrastructure against foreign threats, especially those from the Chinese Communist Party.
NSA and USCYBERCOM: Leadership Change – Gen. Timothy Haugh has become the new leader of the National Security Agency and U.S. Cyber Command, replacing Gen. Paul Nakasone. Haugh, who was the deputy commander of Cyber Command, reportedly aims to focus on personnel, technology innovation, and strengthening partnerships. However, he faces challenges such as foreign interference in elections and deterring cyber threats.
GAO Report: National Cybersecurity Plan Lacks Performance Measures – The Government Accountability Office criticized the National Cyber Director’s implementation of President Biden’s cybersecurity strategy for lacking performance measures and estimated costs. The GAO recommended assessing initiatives with outcome-oriented measures and providing cost estimates, but the ONCD disagreed with the cost estimates recommendation.
GAO: Report Finds DHS Did Not Properly Certify AI Use Cases – The Department of Homeland Security’s (DHS) AI Use Case Inventory has been found to have inaccuracies and incomplete information, according to a recent report by the Government Accountability Office (GAO). One of the cybersecurity use cases identified by DHS was incorrectly characterized as AI. The GAO criticized DHS for not fully implementing its AI Accountability Framework and offered eight recommendations to improve accuracy and accountability in AI use case reporting. DHS agreed with all the recommendations.
Senate: Thune-Warner NIST-Led Cybersecurity Drone Bill – The DETECT Act, proposed by Sens. Warner and Thune, aims to develop cybersecurity guidelines for government drones and establish rules for federal agencies based on these guidelines. Additionally, the senators have a separate proposal to improve the FAA’s process for drone technology. Both proposals have industry support and aim to integrate drones into U.S. airspace.
EU-US Sign Administrative Arrangement on Joint CyberSate Production Action Plan – The EU and the US signed the Joint CyberSafe Products Action Plan to enhance technical cooperation for mutual recognition of cybersecurity requirements for IoT consumer products. The agreement aims to deepen cooperation between relevant agencies of the US government and the European Commission’s Directorate General.
i2Coalition’s Perspective – As policymaker concerns and efforts intensify around how to improve cybersecurity and guard against growing attacks and threats, 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
Senate: Klobuchar Introduces Legislation to Prevent Algorithmic Price Fixing – Sen. Klobuchar (D-MN), along with Sens. Wyden (D-OR), Durbin (D-IL), Welch (D-VT), Hirono (D-HI), and Blumenthal (D-CT), introduced the Preventing Algorithmic Collusion Act. The legislation is designed to prevent companies from using algorithms to collude to set higher prices. The bill has been endorsed by the Open Markets Institute and the American Economic Liberties Project.
Senate: Republicans Letter to Withdraw NIST’s Guidance on Semiconductors – Senate Republicans are urging the Commerce Department to withdraw the NIST guidance for semiconductor manufacturing facility incentives. They argue that it is racist and violates federal law. The senators are demanding a response from Commerce Secretary Gina Raimondo by February 29.
DOJ Kanter and FTC Khan: Viewpoints on the Progress and Outlook for Tech and Antitrust Policy – The U.S. DOJ antitrust chief Jonathan Kanter continues in public interviews to promote a vision for sustaining antitrust vigilance in the tech sector. In a recent podcast, Kanter spoke generally about why he believes it is crucial to pursue antitrust enforcement actions involving technology at this juncture in the digital economy. Meanwhile, FTC Chair Lina Khan has engaged on the need to closely watch the development of AI, and particularly Big Tech investments in AI, to protect competition.
FTC: Annual Summary to CFPB on ECOA Enforcement – The Federal Trade Commission (FTC) has sent an annual summary of its enforcement and related activities on the Equal Credit Opportunity Act (ECOA) to the Consumer Financial Protection Bureau (CFPB). The summary includes FTC’s work on ECOA-related issues such as enforcement cases against auto dealership groups for discriminating against some consumers, amicus filing in a court case challenging anti-discrimination rule, and participation in interagency task forces on fair lending. The summary also highlights the Commission’s efforts in business and consumer education on fair lending issues.
i2Coalition’s Perspective – i2Coalition monitors but has not actively engaged on this issue.
Trade/Tax
USTR: Recent Tai Remarks at Council on Foreign Relations FEvent – U.S. Trade Representative Ambassador Katherine Tai gave remarks at a February 12 CFR event, casting doubt on whether, as a matter of trade policy, the U.S. government should support U.S. companies in facilitating strong digital exports – even appearing to invite trading partners to tax U.S. companies. In the conversation at the CFR, Ambassador Tai questioned whether large technology companies can even be considered American and whether U.S. government advocacy in combating discriminatory policies abroad is warranted. Motivating her question was uncertainty about where these firms were headquartered and where they paid taxes.
Senate: Uncertain Timing for Consideration of the House-passed Tax Package – Senate leadership discussions about timing for floor consideration of the Tax Relief for American Families and Workers Act of 2024 are ongoing. As the Senate grapples with a final foreign aid package and other priorities after the February recess, prospects for Senate floor consideration of the tax package are unclear. While the House has passed the bill, Senators from both parties have made clear to their leaders that they want a Senate process that allows for amendments – whether that is in the Finance Committee or on the Senate floor.
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 2023 Review of Notorious Markets for Counterfeiting and Piracy report issued on January 30, 2024, 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
Biden Administration Launches AI Safety Consortium – The U.S. AI Safety Institute Consortium (AISIC) is a group of over 200 AI stakeholders, including creators, users, researchers, and organizations, working towards developing and deploying safe and trustworthy AI. The consortium aims to set standards for AI safety, risk management, and security and collaborate with international partners to create effective tools for global AI safety.
House: Bipartisan 24-Member AI Task Force Established – On Feb. 20, Speaker Johnson and Minority Leader Jeffries announced the formation of an AI Task Force in the House. The bipartisan task force will be led by Reps. Jay Obernolte and Ted Lieu, and will work to deliver a report on setting new regulatory standards for AI and promoting investment in the technology to enhance national competitiveness and safety. This marks the House’s first clear step on an AI strategy. The task force reportedly plans to advance several major AI bills, including the CREATE AI Act, to support AI research and education.
NTIA: Open-Weight AI Models Public Comments Request – The National Telecommunications and Information Administration has launched a request for comment on policy recommendations for handling advanced open-source AI models, software whose underlying model weights are widely available. Comments are due within 30 days of publication in the Federal Register. The responses will help inform a report to the President with NTIA’s findings and policy recommendations.
FTC: Public Comments on Rule to Prohibit Impersonation of AI Deepfakes – The Federal Trade Commission is seeking public comment on a proposed rule to prohibit the impersonation of individuals in response to rising complaints about impersonation fraud. Emerging technology, such as AI-generated deepfakes, has intensified the problem. The Commission has also finalized a rule to combat government and business impersonation scams, giving it stronger tools to seek monetary relief from scammers. The public comment period for the proposed rule will be open for 60 days, and both the final rule and proposed rule will be published in the Federal Register.
Industry: AI Elections Accord Includes Coalition to Prevent Election Manipulation – Major technology companies have pledged to limit the malicious use of AI, like deepfakes, in democratic elections. The companies have signed an agreement to develop tools to detect manipulated media and track AI-generated content on social media platforms. However, experts still have concerns about the use of open-source AI models to create convincing fakes, and detection technologies can only offer probability estimates. Emerging uses of AI have triggered discussions about the need for societal resilience in the face of rapidly advancing AI tools and debates about free speech and manipulated political speech.
House: Rep. Khanna to Hold Roundtable Noting Lack of Academics in Discussions – Rep. Ro Khanna (D-CA) hosted a roundtable to incorporate academic insights into AI policy discussions, addressing the current gap in scholarly perspectives. This event aims to inform Congress on AI’s societal impacts, such as the workforce, elections, education, and mental health, emphasizing the need for informed, academic contributions to legislative debates on AI.
DHS: AI Hiring Sprint Announced – The DHS is launching the AI Corps to recruit 50 AI technology experts in 2024. The AI Corps aims to leverage AI across various homeland security areas, with a focus on combating fentanyl, addressing child sexual exploitation, and enhancing cybersecurity. AI experts will work on projects advancing AI innovation and use within the DHS.
i2Coalition’s Perspective – i2Coalition monitors but has not actively engaged on this issue.
Tech
Biden Admin.: Plan to Invest Billions in National Semiconductor Center – The Biden Administration plans to invest $5 billion in the development of the National Semiconductor Technology Center to accelerate innovation and address workforce needs. It will also create a Workforce Center of Excellence, support research and development in advanced packaging and manufacturing, and has selected a Board of Directors and a CEO for the project.
Dept. of Commerce: Chips Act Awards – The Dept. of Commerce is awarding chip manufacturer GlobalFoundries $1.5 billion in grants to build and expand facilities in New York and Vermont. This grant represents a major award in the Biden Administration’s program for boosting domestic chip production. More awards to other companies in additional regions are expected in the coming weeks.
i2Coalition’s Perspective – i2Coalition monitors but has not actively engaged on this issue.
Telecommunications
FCC: ACP Status and Pallone Call for Urgent Congressional Action to Keep Internet Service Affordable –
FCC Chairwoman Rosenworcel and House E&C Ranking Member Frank Pallone scheduled a February 21 press conference at a public library in Pallone’s home state of New Jersey to call for Congress urgently to provide funding to continue the Affordable Connectivity Program administered by the FCC. If Congress doesn’t renew its funding, this successful program is expected to run out of money in the spring of this year. It is estimated that this would raise Internet costs for more than 23 million families across the country. As Chairman of the Energy and Commerce Committee last Congress, Pallone urged that the program be included in the Bipartisan Infrastructure Law to help bridge the digital divide.
FCC: AI Robocalls Banned – The FCC has banned robocalls with AI-generated voices under the Telephone Consumer Protection Act. The ruling gives the FCC the authority to fine companies and block service providers using AI voices in calls and allows call recipients to file lawsuits. Despite the ruling, experts warn that bad actors may still exploit AI technology for deceptive purposes. The decision follows an investigation into AI-generated robocalls that impersonated President Biden in New Hampshire’s primary election.
FCC: Approval of Entire February Meeting Agenda Items – The Federal Communications Commission (FCC) unanimously approved several measures in its February 15 open meeting agenda. These included making it easier for consumers to revoke consent for robocalls, revising wireless microphone rules, seeking comment on a licensing framework for in-space missions, and proposing multilingual emergency alert templates. The FCC aims to provide emergency alerts in multiple languages to reach a wider audience, addressing concerns about technical complexity and delivery speed. Additionally, the FCC approved measures related to robocall and robotexting rules, as well as the proposal for a licensing framework for in-space servicing, assembly, and manufacturing missions. The commissioners expressed the need to update regulations to keep pace with advancements in space technology.
Senate: Democrats Letter Supporting E-Rate for Off-Premises Wi-Fi – A group of Senate Democrats, including FSGG Appropriations Chair Chris Van Hollen (D-MD), sent a letter to the FCC in support of the FCC’s proposal to allow E-rate support for off-premises Wi-Fi and wireless internet services for schools and libraries.
National Science Foundation: National Spectrum R&D Plan RFI – The NSF and NITRD are asking for public input by March 21, 2024, to develop a National Spectrum Research and Development Plan. This plan will guide government investments in spectrum-related research and innovation and will focus on improving spectrum utilization efficiency, dynamic spectrum access and management, and automatic interference mitigation. It is expected to be released in late 2024.
FCC: Consumer Advisory Committee Relaunch – On Feb. 20, FCC Chair Jessica Rosenworcel announced the relaunch of the agency’s Consumer Advisory Committee. The committee will develop recommendations for the agency to tackle consumer issues (with AI being a focus).
i2Coalition’s Perspective – 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 as necessary before the agency as the FCC develops a proposed decision.
Energy/Environment
Congress: Democrat Lawmakers Eye AI’s Environmental Impacts – A group of House and Senate Democrats, including leaders on the Congressional AI Caucus, introduced a bill that directs federal agencies to study how AI impacts the environment. The Artificial Intelligence Environmental Impacts Act currently lacks GOP support, limiting its chances of seeing a floor vote. It would task the Environmental Protection Agency to conduct a two-year study of AI models, applications, and hardware. It also directs the National Institute of Standards and Technology to create standards for measuring AI’s environmental impacts and develop a process for companies to report (voluntarily) how their models impact the environment.
House: Vote Reinstates LNG Exports – The House voted to overturn the President’s January 26th pause on pending and future permits to export liquefied natural gas (LNG) to non-Free Trade Agreement countries until the Department of Energy finishes a new review of climate impacts.
i2Coalition’s Perspective – i2Coalition monitors but has not actively engaged on this issue.
RELEVANT HEARINGS & EVENTS TRACKED BY i2COALITION IN FEBRUARY
February 6
- House Science, Joint Hearing: Subcommittees on Research and Technology and Energy, “Federal Science Agencies and the Promise of AI in Driving Scientific Discoveries.”
- House Judiciary, Subcommittee on the Weaponization of the Federal Government, “Hearing on the Weaponization of the Federal Government.”
- House Education and the Workforce, Subcommittee on Early Childhood, Elementary, and Secondary Education, “Protecting Missing and Exploited Children.”
February 8
- Senate Commerce, Markup, “FAA Reauthorization.”
February 14
- House Financial Services, Full Committee, “Oversight of the Financial Crimes Enforcement Network and the Office of Terrorism and Financial Intelligence.”
February 15
- House Science, Full Committee, “Examining Federal Science Agency Actions to Secure the U.S. Science and Technology Enterprise.”
- House Energy and Commerce, Subcommittee on Communications and Technology, “Securing Communications Networks from Foreign Adversaries.”
- H.R. 820, the Foreign Adversary Communications Transparency Act (Stefanik/Khanna) [PDF 224KB]
- H.R. 2864, the Countering CCP Drones Act (Stefanik) [PDF 221KB]
- H.R. 1513, the Future Uses of Technology Upholding Reliable and Enhancing Networks (FUTURE Networks) Act (Matsui/Johnson) [PDF 228KB]
- H.R.____, Removing Our Unsecure Technologies to Ensure Reliability and Security (ROUTERS) Act [PDF 36KB]
- H.R.____, Promote Secure Connectivity to Taiwan Act [PDF 78KB]
