Karl Herchenroeder

EU antitrust enforcers have different standards, but monitoring their activity helps U.S. regulators decide if changes are needed here, FTC Commissioner Rebecca Kelly Slaughter said Friday during the agency’s second round of hearings on antitrust and consumer protection policy (see 1809130057). She cited Chairman Joe Simons’ call for regulators to keep an open mind as the agency fields policy suggestions through this year.

President Donald Trump signed a national cyber strategy to coordinate defensive and offensive activities, National Security Adviser John Bolton said Thursday. The strategy was finalized in connection with rescinding an Obama-era directive requiring interagency coordination on offensive U.S. cyberattacks. Bolton called the reversal a warning sign for adversaries like China, Russia, Iran and North Korea. It's the first “fully articulated cyber strategy in 15 years,” Bolton said. Presidential policy directive 20, in 2012 by President Barack Obama, established an interagency framework for approving U.S. cyberattacks. The administration eliminated that directive several weeks ago, Bolton told reporters. The U.S. no longer has its hands tied, he said: “We’re going to do a lot of things offensively, and I think our adversaries need to know that. ... We’re not just on defense as we have been primarily.” U.S. Cyber Commander Paul Nakasone, Homeland Security Secretary Kirstjen Nielsen, Director of National Intelligence Dan Coats and FBI Director Christopher Wray agreed on the change Bolton said. The new plan recognizes public and private sectors have struggled to secure systems, said Bolton. Overcoming those challenges will require technical advances and a thriving tech sector, Bolton added. He cited the WannaCry cyberattack and a recent attack against Atlanta as evidence threats aren't going away. The 2015 Office of Personnel Management data breach is one type of attack the U.S. is looking to deter, Bolton said. Asked about the administration eliminating the top cyber policy adviser position (see 1805160046), Bolton said he inherited a duplicative staffing structure. Numerous senior directors -- for defense and intelligence, for example -- don't have coordinators, he said. The strategy emphasizes “promoting American prosperity,” “preserving peace through strength,” “advancing American influence” and securing a “cyber future.” It's an extension of Trump’s May 2017 cybersecurity executive order, the White House said. DOD said Tuesday the U.S. needs to collect intelligence in cyberspace to combat malicious efforts by China and Russia, which pose an unacceptable risk to the U.S. North Korea and Iran pose similar threats, officials said.

Rep. Doug Collins, R-Ga., author of music copyright legislation that passed the Senate Tuesday (see 1809180057), anticipates the bill will get unanimous support in the House, his aide told us Wednesday. “We expect the House to greet the amended bill with the same support that has already seen it through both chambers with unanimous votes.”

Sens. Ron Wyden, D-Ore., and Chris Coons, D-Del., crafted another last-minute compromise on music copyright legislation that could clear the way for fast-track unanimous consent consideration (see 1809170050). They will introduce a bill to be included in the final version of the Music Modernization Act, replacing the Classics Act portion Wyden opposed. That's according to documents we obtained.

Expect a request to “hotline” Senate music copyright legislation this week in an effort to allow unanimous consent consideration on the floor, industry representatives told us Monday. Sen. Orrin Hatch, R-Utah, told us he supports hotlining his Music Modernization Act (see 1808170046).

Utah Attorney General Sean Reyes (R) and North Carolina AG Josh Stein (D) were invited to DOJ’s Sept. 25 meeting on social media concerns, their offices told us Monday (see 1809140033). Stein won't attend, a spokeswoman said, citing a full schedule that day. Reyes is still deciding.

Attorneys general of California, Nebraska, Washington and Wisconsin are among the 24 officials U.S. AG Jeff Sessions invited to a Sept. 25 discussion on social media (see 1809110041). Offices for Nebraska’s Doug Peterson (R), Washington’s Bob Ferguson (D) and Wisconsin’s Brad Schimel (R) told us Friday they were invited. Ferguson and Schimel are reviewing scheduling obligations to see if they can attend. We checked with all states' chief law enforcers.

Evidence suggests the U.S. economy has become more concentrated and less competitive in the past 20 to 30 years, and that trend deserves “serious attention,” FTC Chairman Joe Simons said Thursday. This correlates with the shift to a less enforcement-oriented antitrust policy beginning in the early 1980s, he said, opening the agency’s first day of hearings on antitrust and consumer protection policy (see 1809120040). Friday’s was postponed due to weather concerns, as was a congressional hearing (see 1809130035).

Growing data privacy concerns and FTC Chairman Joe Simons’ decision to model hearings after pivotal events in 1995 suggest the agency is on the verge of a turning point, former officials and industry attorneys told us. It kicks off a series of public hearings on antitrust and consumer protection policy Thursday (see 1808240027).

Three Republican state attorney general offices -- in Texas, Louisiana and Arkansas -- told us they are poised to collaborate with U.S. AG Jeff Sessions on tech industry antitrust concerns and claims of conservative bias (see 1809070042). Democrats from New York and Massachusetts and a North Dakota Republican office said they won't be attending DOJ's Sept. 25 meeting, with the latter citing a scheduling conflict. Of all 50 state AG offices queried, 17 of the 21 that responded said they haven't received an invitation. Justice didn’t comment.