The FTC should use its full authority to ensure tech companies uphold new policies created in response to the U.K.’s new children’s privacy law, Sen. Ed Markey, D-Mass., wrote the agency Friday with Reps. Kathy Castor, D-Fla., and Lori Trahan, D-Mass. Full authority includes Section 5, they said, noting the U.K. law took effect in September. They encouraged the agency “to use every tool at your disposal to vigilantly scrutinize companies’ data practices and ensure that they abide by their public commitments.” The FTC didn't comment.
Bipartisan legislation introduced Thursday would stop law enforcement from using border search exceptions to conduct warrantless searches of Americans’ phones, laptops and other electronics devices. Introduced by Sens. Ron Wyden, D-Ore., and Rand Paul, R-Ky., the Protecting Data at the Border Act would provide statutory clarity, extending rights awarded in Riley v. California. Law enforcement would be required to disclose to U.S. entrants their rights before giving up online account information or before they allow access to their devices. Rep. Ted Lieu, D-Calif., is introducing companion legislation in the House.
DOJ could use more trial attorneys and officials with substantive expertise, Antitrust Division chief nominee Jonathan Kanter told the Senate Judiciary Committee Wednesday during his confirmation hearing. He promised to uphold the rule of law and ensure DOJ has proper access to investigatory documents. The committee will vote on his nomination and others later. Antitrust Subcommittee Chair Amy Klobuchar, D-Minn., asked what Kanter would do with additional resources, citing her legislation to increase merger fees (see 2106250062). Kanter said he supports “appropriate funding” and would recommend more trial attorneys and more substantive expertise. Noting Tuesday’s hearing with the Facebook whistleblower (see 2110050062), Klobuchar asked if Kanter would support extending the same protections to civil cases granted to whistleblowers in criminal cases. Kanter said it’s extremely important that authorities have access to all relevant information. Monopolies can intimidate other companies, let alone individuals and, as a “general matter,” he supports ensuring authorities have access to the relevant information and witnesses, he said. Antitrust ranking member Mike Lee, R-Utah, cited some “disturbing trends” with antitrust law under this administration, specifically discussing the FTC’s withdrawal from the 2020 takeover guidelines, even though DOJ has retained them (see 2109150061). Lee cited the FTC reportedly asking combining parties about their environment, social and governance policies in antitrust cases and asked if Kanter would do the same at DOJ. The purpose of antitrust law is to protect competition and ESG policies unrelated to competition issues aren't related to antitrust enforcement, he said. Kanter called digital interoperability a critical principle for protecting competition.
Senate Commerce Committee Chair Maria Cantwell, D-Wash., said Wednesday she hired former Communications Subcommittee lead Democrat Brian Schatz of Hawaii's tech and telecom policy aide Christianna Barnhart as subpanel senior counsel. Barnhart replaces Shawn Bone, who joins Verizon Monday (see 2109200058). Barnhart “will bring more than a decade of experience and expertise in both the public and private sectors to advance” priorities “in broadband deployment and affordability, spectrum policy,” FCC and NTIA oversight, “and other areas in telecommunications and technology policy,” the committee said in a statement. Barnhart was previously Charter vice president-regulatory affairs and an FCC staffer, including as an aide to now-acting Chairwoman Jessica Rosenworcel.
Industry and consumer groups asked the FCC to deny Perdue for Senate's petition for declaratory ruling that voicemails delivered through ringless voicemail technology are exempt from the Telephone Consumer Protection Act, in comments posted through Tuesday in docket 02-278 (see 2109070062). There are "no technological or legal reason for them not to be covered," said the National Consumer Law Center, Consumer Action, Consumer Federation of America, Electronic Privacy Information Center, National Association of Consumer Advocates, and U.S. Public Interest Research Group. Consumer Reports agreed and said ringless voicemails "can fill up limited capacity" in a phone's mailbox or cause consumers to exhaust their monthly data. CR included more than 90,000 consumer signatures. Deny the petition "absent further articulation of the specifics of the RVM technology at issue" so commenters can assess how TCPA rules apply to it, said USTelecom.
The Senate Commerce Committee plans this session’s second data privacy hearing at 10 a.m. Wednesday in 253 Russell. FTC resources, major cybersecurity incidents and data security practices are on the agenda. Witnesses: ex-FTC Consumer Protection Bureau Director Jessica Rich, now at Kelley Drye; ex-FTC Chief Technologist Ed Felten, professor emeritus Princeton University; Engine Executive Director Kate Tummarello; and Identity Theft Resource Center Chief Operating Officer James Lee.
Competitive Carriers Association Senior Vice President-Legislative Affairs Tim Donovan is among those set to testify at a Wednesday House Communications Subcommittee hearing on the Spectrum Innovation Act (HR-5378), Martha Wright Prison Phone Justice Act (HR-2489) and 10 other telecom-centric bills (see 2109290071), the House Commerce Committee said Monday. Also testifying: PocketiNet CEO Todd Brandenburg; Loveland, Colorado, City Council Member John Fogle (R); and United Church of Christ Office of Communications Policy Adviser Cheryl Leanza.
The Senate Judiciary Committee plans a confirmation hearing with DOJ Antitrust Division chief nominee Jonathan Kanter and others Wednesday at 10 a.m. in 226 Dirksen, as expected (see 2109250003).
FCC Commissioner Brendan Carr is among those to testify at a planned Senate Communications Subcommittee hearing Thursday on telehealth services’ role in this pandemic and “how to structure future deployment and policy to address the needs of underserved communities,” the Commerce Committee said Monday. University of New Mexico School of Medicine Project Echo Director Sanjeev Arora, Avel eCare President Deanna Larson and American Academy of Family Physicians President Sterling Ransone will also testify. The hearing begins at 10 a.m. in Russell 253.
House members introduced legislation Friday that would direct the federal government to establish cyber incident reporting requirements for critical infrastructure owners and operators. Introduced by House Homeland Security Committee Chairman Bennie Thompson, D-Miss.; ranking member John Katko, R-N.Y.; Cybersecurity Subcommittee Chair Yvette Clarke, D-N.Y.; and ranking member Andrew Garbarino, R-N.Y., the Cyber Incident Reporting for Critical Infrastructure Act would direct the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency to establish requirements. Entities would report to a new cyber incident review office established by CISA. It would allow for a reporting window of at least 72 hours and provide liability protections. The bill was included as a bipartisan amendment to the National Defense Authorization Act for FY 2022, which passed the House in September. Senate members are negotiating various pieces of mandatory cyber reporting legislation (see 2109230065).