Only two Democrats took the opportunity to question Facebook and Twitter at a recent hearing on Silicon Valley’s alleged anti-conservative political bias (see 1904100072). Senate Constitution Subcommittee ranking member Mazie Hirono, D-Hawaii, told us her colleagues weren’t necessarily sending a message they rejected the premise by not attending, though she considers the issue a “sham.”
Karl Herchenroeder
Karl Herchenroeder, Associate Editor, is a technology policy journalist for publications including Communications Daily. Born in Rockville, Maryland, he joined the Warren Communications News staff in 2018. He began his journalism career in 2012 at the Aspen Times in Aspen, Colorado, where he covered city government. After that, he covered the nuclear industry for ExchangeMonitor in Washington. You can follow Herchenroeder on Twitter: @karlherk
Sen. Jerry Moran, R-Kan., questioned whether a new privacy law should include “strong guardrails” to limit FTC rulemaking authority. Such limits might preserve certainty for consumers, Moran wrote small-business representatives in questions for the record related to a recent Senate Consumer Protection Subcommittee hearing (see 1903260068). Consumers would benefit from Congress “providing clear and measureable requirements in statutory text” while also including FTC rulemaking authority “to account for evolving technological developments,” he wrote. Is there value in including guardrails around rulemaking authority “to preserve the certainty to the consumers that we aim to protect?” Moran asked witnesses. Moran also asked for “resource-based recommendations … to ensure that the FTC has the appropriations it needs to execute its current enforcement mission.” As a Senate Appropriations Subcommittee member, Moran said he wants to understand resource needs better before “providing additional authorities.” Moran also asked about defining entities that small businesses share data with. Small businesses share information with third parties that provide “essential business services, like credit card processing,” he said, asking if there should be a distinction between service providers and other third parties.
It’s possible for the FTC to conduct multiple Section 6(b) studies at once, a spokesperson said Friday, noting it’s been done in the past.
The main message from senators working on privacy legislation is that “we need to do something,” European Justice Commissioner Vera Jourova told the Brookings Institution. She told reporters afterward she met with Sens. Roger Wicker, R-Miss.; Mike Crapo, R-Idaho; Richard Blumenthal, D-Conn.; and Marsha Blackburn, R-Tenn. Jourova was also scheduled to meet with FTC Chairman Joe Simons Thursday.
Senate Constitution Subcommittee Chairman Ted Cruz, R-Texas, expects a follow-up hearing to focus exclusively on Google, he said Wednesday during a hearing before which he rejected the company’s witness. Google didn’t provide a witness with seniority comparable to representatives sent by Facebook and Twitter, Cruz said. Senate Intelligence Committee Chairman Richard Burr, R-N.C., rejected a Google witness for the same reason in 2018 (see 1809050057).
Additional hearings are needed to examine questions about Section 230 of the Communications Decency Act and other tech issues, House Judiciary Committee Chairman Jerry Nadler, D-N.Y., told us. Members of both parties blamed each other for not properly addressing hate- and race-related activity, at a hearing earlier Tuesday.
The U.S. needs to devote the “proper” federal resources to the rise of white nationalism, House Judiciary Committee Chairman Jerry Nadler, D-N.Y., told us, citing what he called a lack of attention from President Donald Trump. It’s obvious why Tuesday’s hearing (see 1904040064), in which Facebook and Google are expected to testify, is needed, Nadler said. The hearing will convene at 10 a.m. in 2141 Rayburn.
Senate Banking Committee leadership told us they want more involvement in the ongoing privacy debate but, for now, will defer to the Senate Commerce Committee to lead the legislative effort. Chairman Mike Crapo, R-Idaho, also expects Senate Judiciary Committee participation, which raises jurisdictional questions for the three panels.
A patchwork of 50 conflicting state privacy laws would be “unworkable” for industry, said FTC Commissioner Christine Wilson Wednesday, a day after meeting with industry groups. Speaking at an American Enterprise Institute event, Wilson said she met with a room “full of large companies” Tuesday. She declined to name the companies when asked on the sidelines at Wednesday’s event.
Questions remain about potential private right of action and facial recognition provisions in Washington state’s privacy legislation (see 1903220057). During executive session Tuesday, the House Innovation, Technology and Economic Development Committee extended the discussion through Wednesday because the latest House language wasn't publicly posted until Tuesday. Chairman Zack Hudgins (D) cited the need for openness and transparency.