Karl Herchenroeder

If enforcers pursue an antitrust case against Google, it will be difficult to prove and is unlikely to result in major platform restructuring, ex-DOJ officials said in interviews. Econ One Research Managing Director Hal Singer argued there's a case to be made against Google’s advertising technology practices, and Public Knowledge Senior Policy Counsel Charlotte Slaiman cautioned against predictions until all facts are known.

Digital Millennium Copyright Act Section 512, which governs online infringement, is “unbalanced” and out of sync with Congress’ original intent, the Copyright Office concluded (see 2005210029) in a years-in-the-making report Thursday. It highlighted areas where the tech and creative industries have clashed over the years, drawing mixed reviews. "While the Office is not recommending any wholesale changes to section 512, the Report points out these and other areas where Congress may wish to consider legislation to rebuild the original balance between rightsholders and online service providers,” the office said.

The House Homeland Security Committee will focus more on encryption and locked phones, House Intelligence and Counterterrorism Subcommittee Chairman Max Rose, D-N.Y., said Wednesday. During a subcommittee webcast, he said he doesn’t “love” the idea of terrorists communicating through encrypted platforms and police not having immediate access to such an alleged criminal's phone after an attack.

The National Institute of Standards and Technology should develop metrics and measurements to guide the cybersecurity framework (see 1909270056), said Rep. Doris Matsui, D-Calif., Tuesday. The framework has helped organizations assess cyber risks, but it must be a “living document,” she told the Information Technology Industry Council. NIST didn’t comment.

Members of Facebook’s oversight board defended the body Monday as politically neutral and free from undue company influence (see 2005120056). Board members wouldn't have taken the position if they thought they were “providing cover” for Facebook, said University of Oklahoma College of Law professor Evelyn Aswad during an Aspen Institute webcast: The goal is to be as neutral as possible and look at every issue from various angles. Members will be paid, and individual payment amounts aren’t publicly available, said Stanford Law School professor Michael McConnell. Pay is based on what each member could command with alternative use of their time, he noted, saying he expects to spend about 15-20 hours monthly. The board will make binding decisions on content moderation, and can advise on content moderation policies, said Columbia Law School professor Jamal Greene. “We’re not front lines internet cops,” said McConnell, calling it a deliberative body for appeals. Facebook will refer policy questions to the board for nonbinding guidance, McConnell added, noting the company must respond publicly with its decisions on whether it agrees with the guidance. Cato Institute Vice President John Samples said his understanding is that decisions about advertising content will be within the remit of the panel. He called the body an attempt to challenge the content moderation status quo, which people are unhappy with. It’s better than the alternative of having a stronger government role, he said.

The Senate passed the USA Freedom Reauthorization Act 80-16 Thursday. The House will now reconsider the bill (see 2005130056) with an amendment from Sens. Mike Lee, R-Utah, and Patrick Leahy, D-Vt.

The Senate failed to approve an amendment, 59-37, that would have banned warrantless searches of browsing and internet search data under Section 215 of the Patriot Act. Offered by Ron Wyden, D-Ore., and Steve Daines, R-Mont., the amendment fell one vote short of 60 votes required to pass, with 10 Democrats and 27 Republicans voting against.

Facebook should take a hands-off approach to content moderation, FCC Commissioner Brendan Carr told us in arguing the company's new oversight board injects political bias and lets the platform avoid responsibility. Carr criticized the board in a series of tweets, calling it Facebook "speech police" and arguing most members have left-leaning bias. Facebook and several board members didn’t comment Tuesday.

Online misinformation has reached “dangerous levels” due to COVID-19, said House Homeland Security Committee Vice Chair Lauren Underwood, D-Ill., Monday during a virtual hearing. Rep. Elissa Slotkin, D-Mich., cited disinformation efforts by malign actors in China, Russia, Iran and Venezuela, citing evidence Chinese groups are sending disinformation texts to Americans. Domestic actors are motivated by personal gains in promoting false cures and treatments for COVID-19, said Stanford Internet Observatory Research Manager Renee DiResta. Wilson Center Disinformation Fellow Nina Jankowicz urged Congress to pass “common sense” social media regulation that “respects Democratic standards and human rights law,” increasing transparency so consumers can make informed decisions. Public Knowledge proposed developing a super fund to compel platforms like Google and Facebook to “invest in tools ... to fight misinformation online.”

Chairman Joe Simons suggested the FTC is examining Zoom’s privacy practices in light of COVID-19 concerns (see 2005070044). During a Monday teleconference with the House Consumer Protection Subcommittee, Simons didn’t directly link the company to any specific agency effort but said the agency monitors major events in the news media. “If you’re reading about it in the press, then you can be assured that either we’re looking at it already, or if we’re not, we will as a result of that media attention,” he responded to questions from Rep. Jerry McNerney, D-Calif., about Zoom. The company didn’t comment.