ThePirateBay.org, an illicit torrent indexing service, remains a prominent target for the music, film and video game industries, show comments to the Office of the U.S. Trade Representative posted this week. USTR collected comments through Monday for its Special 301 report on countries and groups that infringe U.S. intellectual property.
The Department of Homeland Security reduced the time it takes to patch a cyber vulnerability to within 30 days, Assistant Homeland Security Secretary for Cybersecurity and Communications Jeanette Manfra said in an interview for C-SPAN's The Communicators series, set to be televised later She conceded the agency struggled with patching vulnerabilities in an acceptable amount of time in the past. Shrinking the response had a ripple effect throughout the federal government, she said. The digital economy is so interconnected that cyber infections can spread quickly across the world, she said, calling cyberthreats a “constant, ever-present activity that everyone has to face.” She said the department had “limited visibility” of foreign influence campaigns in the 2016 election. DHS has worked hard in the past two years to deploy more “sensing capabilities,” particularly with state and local authorities, she said, and more than 1,500 jurisdictions participate in information sharing.
DOJ will soon conclude a criminal case against companies using search algorithms to effectuate price fixing, creating an anticompetitive effect, Assistant Attorney General Makan Delrahim told lawmakers Wednesday. Calling the case “the first of its kind,” he declined to name the companies involved, during a hearing on tech platform antitrust concerns. “We actually have a case, a criminal case, that’s going to be coming to a conclusion in the next two weeks,” he told the Senate Antitrust Subcommittee. Delrahim answered questions about various investigations of Google throughout the discussion.
DOJ can appear during oral argument in Apple’s appeal of a class-action antitrust lawsuit alleging it monopolized distribution of App Store applications (see 1806180053), the Supreme Court decided Monday in Apple v. Robert Pepper, et al., docket 17-204. The solicitor general in May asked the court to grant Apple's petition, arguing the 9th Circuit misapplied Illinois Brick preventing indirect purchasers from seeking certain antitrust damages passed on by third parties (see 1805090051). States have “allowed indirect purchasers to sue under state antitrust law, leading to decades of experience that contradict the predictions and policy judgments underlying Illinois Brick,” 31 states argued in favor of Pepper. Computer & Communications Industry Association argued in favor of Apple, saying pass-through harm leads to duplicative damages claims in conflict with the high court’s precedents. Illinois Brick “preserves standing for a direct purchaser to recover damages for overcharges, whether or not those charges are passed along to downstream customers,” BSA|The Software Alliance argued. Open Markets Institute argued “Apple falsely implies its app store is a neutral and open marketplace. … Through contractual and technical restrictions, the company compels owners of iPhones and developers of iPhone apps to conduct business solely on its App Store and on its terms.”
The House Commerce Committee is in contact with Facebook about a potential briefing with members this week on the recent breach (see 1810010032), a committee aide said Tuesday. A Senate Commerce Committee aide said his committee also expects a briefing with Facebook but declined to specify timing. Additionally, the House Judiciary Committee requested a bipartisan briefing from Facebook, an aide said Tuesday. The company didn’t comment.
FTC Commissioner Rebecca Kelly Slaughter and former Commissioner Maureen Ohlhausen agreed Tuesday the agency needs more data security authority, though they largely offered competing views. At an Atlantic magazine event, Slaughter spoke of the agency’s inability to deter bad actors because of its lack of civil penalty and rulemaking authority.
Google CEO Sundar Pichai agreed to testify before the House Judiciary Committee this fall. That came after meeting House Republicans Friday led by Majority Leader Kevin McCarthy, R-Calif., and House Judiciary Committee Chairman Bob Goodlatte, R-Va. (see 1809270044).
The House Judiciary Committee expects to host Google at a hearing later this year, an aide told us Thursday. She didn't say whether testimony will come from CEO Sundar Pichai, who is to visit the Hill this week to speak with lawmakers from both chambers (see 1809250050). The aide said Chairman Bob Goodlatte, R-Va., was part of a group of House lawmakers scheduled to meet with Google Friday and referred further questions to House Majority Leader Kevin McCarthy, R-Calif. Sen. Brian Schatz, D-Hawaii, told us he was to meet with Pichai Thursday. Asked Thursday, Goodlatte declined to comment about who will testify for Google. A Google spokesperson cited a previous statement from Pichai saying he looks forward to working with members of both parties without committing to testifying.
Senate Commerce Committee Chairman John Thune, R-S.D., expects to finalize draft data privacy legislation before year-end, he told reporters. Earlier Wednesday, the committee heard testimony (see 1809250049) from Amazon, Apple, AT&T, Charter Communications, Google and Twitter that edge providers and ISPs should be subject to the same pre-emptive federal privacy legislation.
DOJ and 14 state attorneys general offices discussed “ways the department and state governments can most effectively safeguard consumers using online digital platforms,” Justice said. The topic of the Tuesday meeting evolved over time (see 1809210047), after President Donald Trump attacked online platforms for alleged conservative bias and threatened antitrust action. “The discussion principally focused on consumer protection and data privacy issues,” Justice said. Those attending included Attorney General Jeff Sessions, Deputy AG Rod Rosenstein, Acting Associate AG Jesse Panuccio and Assistant AG Makan Delrahim. State officials included Alabama AG Steve Marshall, California AG Xavier Becerra, District of Columbia AG Karl Racine, Maryland AG Brian Frosh and Mississippi AG Jim Hood, all Democrats, and Louisiana AG Jeff Landry, Nebraska AG Doug Peterson, Tennessee AG Herbert Slatery and Utah AG Sean Reyes, all Republicans. AG offices from Arkansas, Arizona, Missouri, Texas and Washington sent staff. A federal probe of online platforms would be “inappropriate, undermine the free speech rights of tech platforms and ultimately do a disservice to consumers,” the Information Technology and Innovation Foundation wrote in USA Today. “These businesses have no incentive to inject bias in their platforms, because consumers across the political spectrum use social media and discriminating against any of them could drive people away,” wrote ITIF Vice President Daniel Castro and Research Assistant Michael McLaughlin. Delrahim at a separate appearance Tuesday on antitrust efforts committed Justice to “accelerating the pace of merger review consistent with enforcing the law because we believe that doing so is good for American consumers and taxpayers.”