Only a “limited window of time” remains for Congress to intervene to stop the Internet Assigned Numbers Authority (IANA) transition from occurring as scheduled Sept. 30, said Sen. Ted Cruz, R-Texas, during a Heritage Foundation-TechFreedom event Thursday. Cruz has led Senate skeptics of the IANA transition, most recently by bowing the Protecting Internet Freedom Act (S-3034) last month. S-3034 and its House companion (HR-5418) would prohibit NTIA from allowing the IANA transition unless Congress “expressly grants” the NTIA administrator the authority to allow it (see 1606080044).

Senate Commerce Committee Chairman John Thune, R-S.D., tore into FCC Chairman Tom Wheeler, attacking the substance of his policies, the partisanship of the agency’s votes. and in particular the possible disclosure of nonpublic information from the chairman’s office, subject to ongoing investigation from the FCC inspector general. Thune spent more than 15 minutes on the chamber floor Thursday citing his many objections to Wheeler’s leadership.

ISPs, and the groups that represent them, made a last pitch in reply comments at the agency to try to get the FCC to back down from tough privacy rules that apply only to ISPs. But industry observers said Thursday the FCC appears likely to move in a matter of months to approve rules as proposed by Chairman Tom Wheeler in March (see 1603310049). Many of the ISPs noted the FTC raised questions about the FCC’s approach and whether it would create major differences between how ISPs and other companies are regulated (see 1606020062).

ISPs, and the groups that represent them, made a last pitch in reply comments at the agency to try to get the FCC to back down from tough privacy rules that apply only to ISPs. But industry observers said Thursday the FCC appears likely to move in a matter of months to approve rules as proposed by Chairman Tom Wheeler in March (see 1603310049). Many of the ISPs noted the FTC raised questions about the FCC’s approach and whether it would create major differences between how ISPs and other companies are regulated (see 1606020062).

Defense lawyers seeking a new trial for a Somali-born U.S. citizen convicted of a 2010 attempted bombing focused, in part, on the use of 2008 Foreign Intelligence Surveillance Act Amendments Act Section 702, as expected (see 1607050073). The FISA section authorizes spying only on the electronic communications of foreigners abroad, but defense lawyers and attorneys from the American Civil Liberties Union and Electronic Frontier Foundation, as amici curiae, argued at the webcast oral argument that the government also targets communications of U.S. persons, which the government denied.

The FCC clarified that the Telephone Consumer Protection Act doesn't apply to calls made by or on behalf of the federal government as part of official business, except for calls made by contractors that don’t comply with the government’s instructions. The declaratory ruling addresses petitions seeking clarification by Broadnet, the National Employment Network Association and RTI International. Three commissioners raised objections. Ajit Pai issued a partial dissent, Jessica Rosenworcel a concurrence and Mike O’Rielly questioned aspects of the ruling.

The FCC clarified that the Telephone Consumer Protection Act doesn't apply to calls made by or on behalf of the federal government as part of official business, except for calls made by contractors that don’t comply with the government’s instructions. The declaratory ruling addresses petitions seeking clarification by Broadnet, the National Employment Network Association and RTI International. Three commissioners raised objections. Ajit Pai issued a partial dissent, Jessica Rosenworcel a concurrence and Mike O’Rielly questioned aspects of the ruling.

The addition of customs brokers and transportation intermediaries to a Commerce Department trusted trader program for seafood imports would not make much sense, the National Customs Brokers & Forwarders Association of America said in recently filed comments (here). "Both lack the necessary knowledge of or control over the chain of custody of imported fish and fish products," the NCBFAA said. The NCBFAA filed the comments in response to a National Marine Fisheries Service (NMFS) request for public input on the development of a trusted trader program for seafood imports (see 1604280024).

The use of radiation portal monitors and X-ray equipment to scan 100 percent of incoming U.S. cargo would likely lead to worsened port congestion and diplomatic issues, CBP Office of Field Operations Executive Assistant Commissioner Todd Owen told House lawmakers July 7. Although vendors are working on technologies to expedite X-ray inspections, implementing the 100 percent mandate now would substantially slow U.S. commerce, a scenario that could be compounded by potential decisions of other countries to adopt the same scanning policies for vessels entering their own ports, Owen said during a hearing. The Department of Homeland Security in May notified Congress that it needs another two-year delay for implementing the statutory requirement and issued a request for information on strategies to reduce the risk of radiological and nuclear threats leaving foreign ports (see 1605310028).

Defense lawyers seeking a new trial for a Somali-born U.S. citizen convicted of a 2010 attempted bombing focused, in part, on the use of 2008 Foreign Intelligence Surveillance Act Amendments Act Section 702, as expected (see 1607050073). The FISA section authorizes spying only on the electronic communications of foreigners abroad, but defense lawyers and attorneys from the American Civil Liberties Union and Electronic Frontier Foundation, as amici curiae, argued at the webcast oral argument that the government also targets communications of U.S. persons, which the government denied.