Attorney General Xavier Becerra (D) opposes any effort to pre-empt California privacy laws, an aide emailed Thursday when asked about a new bill from Sen. Marco Rubio, R-Fla. (see 1901160047). “We’re more than happy to work with the federal government on strengthening privacy law for Americans nationwide but stampeding on states’ rights is not the answer.” Public Knowledge called Rubio’s bill a step backward because of state pre-emption, “effectively walking back the few privacy safeguards consumers have.” The 1974 Privacy Act, which Rubio wants to model a new privacy law after, “is fundamentally a transparency and data accuracy law, designed well before the popularization of the internet and cloud computing,” said PK Global Policy Director Gus Rossi.
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
The U.S. needs federal privacy legislation, said National Economic Council Special Assistant to the President Gail Slater Wednesday. “We can either define what it is we want at the federal level or have it be defined” by states, she told a Technology Policy Institute event. Federal privacy movement begins with Congress, and the administration is ready to “work constructively,” she said. NTIA’s privacy effort (see 1811130058) is on hold because of the partial government shutdown, she noted.
It’s unclear why DOJ sued to block AT&T’s buy of Time Warner, Attorney General nominee William Barr told Congress Tuesday. He had concerns the Antitrust Division wasn't engaging with some TW arguments. In Tuesday's Senate Judiciary Committee confirmation hearing, Barr again committed to recusing himself from lawsuit proceedings (see 1901110028) because he was on TW's board during the deal.
Though critical cyber offices at the Department of Homeland Security are understaffed because of the partial federal government shutdown, DHS can manage its duties for now, former department officials told us. The bigger issue is that a dysfunctional government makes the public sector less attractive to cyber professionals, who already have more incentive to work in the private sector, they said.
Between $50 and $100 is a reasonable price when faced with a legitimate claim for using a copyright-protected image, IP lawyer-experts agreed Friday at an FCBA event. Not all claims should be considered legitimate, said Fletcher Heald's Kevin Goldberg, NPR Senior Associate General Counsel Ashley Messenger and Ballard Spahr's Adrianna Rodriguez on “copyright trolls.” With a legitimate claim, a settlement is infringer's first thought, Goldberg said, and the object is to come to conclusion as quickly and painlessly as possible. Speakers stressed the importance of rigorous record-keeping to ensure online publishers know when they’re using content legally. Rodriguez suggested something as simple as an Excel spreadsheet with rights information. Messenger said NPR handles about one claim per month, and it’s usually the result of a good-faith editorial-staff mistake. The $100 range for a photo is reasonable, she said. Goldberg agreed.
The Commerce Department shouldn’t support overly strict export controls on new technology like artificial intelligence that could harm tech innovation and bolster bad actors like China, industry groups commented. The Bureau of Industry and Security published an advance NPRM in November, seeking comment by Thursday on potentially tighter export controls in docket 2018-25221. The department is exploring technology for conventional weapons, intelligence collection and weapons of mass destruction, including AI and machine learning (ML), microprocessors, advanced computers, data analytics, quantum computing, robotics and advanced surveillance.
House Commerce Committee Chairman Frank Pallone, D-N.J., told us Tuesday he’s more interested in drafting privacy legislation than having additional tech-focused hearings. Tech is absent from the agendas for the committee’s first three hearings under Pallone.
Incoming Senate Judiciary Committee Chairman Lindsey Graham, R-S.C., hired Joe Keeley, an intellectual property veteran on Capitol Hill who handled IP issues for ex-House Judiciary Committee Chairman Bob Goodlatte, R-Va., said lobbyists and others. Keeley, who was House Internet Subcommittee chief counsel and helped negotiate the Music Modernization Act (MMA) (see 1810110038), will be Senate Judiciary Committee deputy staff director and chief IP counsel. Graham’s office and the Senate Judiciary Committee didn’t comment.
State attorneys general have an obligation to protect consumers against deception from online platforms like Facebook, Mississippi AG Jim Hood (D) told us Wednesday. Hood, who battled Google on various legal fronts, discussed a growing trend of tech-related enforcement from state entities. Washington, D.C., AG Karl Racine (D) recently sued Facebook over the Cambridge Analytica privacy breach (see 1812190039).
Republican leadership added two tech-minded lawmakers to the Senate Judiciary Committee in Sens. Marsha Blackburn, R-Tenn., and Josh Hawley, R-Mo., according to a GOP roster circulating around the Hill. Republicans also doubled down on adding female representation with Sen. Joni Ernst, R-Iowa (see 1812140044).