California Attorney General Xavier Becerra (D) is planning on DOJ holding its Tuesday meeting in Washington, D.C., to discuss tech industry issues (see 1809140033 and 1809110041), an official said Friday, despite a report Justice was considering delaying the event. DOJ didn’t comment. A spokesperson for Iowa AG Tom Miller (D), who declined to attend, said her understanding was that the National Association of Attorneys General proposed Justice reschedule the meeting to coincide with an NAAG event Nov. 27-29 in Charleston, South Carolina, but DOJ rejected the idea. An NAAG spokesperson directed questions to individual AG offices. Iowa cited a scheduling conflict and “the lack of an agenda” in declining DOJ’s invite. “We’d be interested in a substantive, bipartisan discussion in which all states were invited,” the spokesperson said. Seven offices for various states AGs told us they are either interested in or will attend Tuesday's meeting. Seven other offices told us they aren’t attending. Justice sent invites to at least 24 AGs. We’ve contacted all 50 state law enforcements chiefs multiple times. Law enforcement chiefs in Texas (R), Louisiana (R) and California (D) said they plan to attend, though they didn't confirm if they are sending the AG or representatives. A spokesperson for Arizona' Mark Brnovich (R) said he's unable to attend, but the office will send staff. Offices in Nebraska (R), Washington (D) and Wisconsin (R) said they were invited. Law enforcement chiefs in Ohio (R), North Dakota (R), Arkansas (R) and North Carolina (D) said they won’t attend due to scheduling conflicts. Democrats in New York and Massachusetts said they aren’t interested. Ten offices told us there weren't invited: Colorado (R), Connecticut (D), Delaware (D), Hawaii (D), Iowa (D), New Hampshire (R), Ohio (R), Oklahoma (R), Oregon (D) and Rhode Island (D). The office for Tennessee's Herbert Slatery (R) directed questions to DOJ. Justice’s inquiry into tech company bias is “misguided,” several groups wrote the department Friday. TechFreedom, Engine Advocacy and Information Technology and Innovation Foundation were among those expressing skepticism the DOJ inquiry will produce any legal action, since the First Amendment bars government from attempting to correct political bias, including through antitrust.
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
President Donald Trump signed a national cyber strategy to coordinate defensive and offensive activities, National Security Adviser John Bolton said Thursday. The strategy was finalized in connection with rescinding an Obama-era directive requiring interagency coordination on offensive U.S. cyberattacks. Bolton called the reversal a warning sign for adversaries like China, Russia, Iran and North Korea. It's the first “fully articulated cyber strategy in 15 years,” Bolton said. Presidential policy directive 20, in 2012 by President Barack Obama, established an interagency framework for approving U.S. cyberattacks. The administration eliminated that directive several weeks ago, Bolton told reporters. The U.S. no longer has its hands tied, he said: “We’re going to do a lot of things offensively, and I think our adversaries need to know that. ... We’re not just on defense as we have been primarily.” U.S. Cyber Commander Paul Nakasone, Homeland Security Secretary Kirstjen Nielsen, Director of National Intelligence Dan Coats and FBI Director Christopher Wray agreed on the change Bolton said. The new plan recognizes public and private sectors have struggled to secure systems, said Bolton. Overcoming those challenges will require technical advances and a thriving tech sector, Bolton added. He cited the WannaCry cyberattack and a recent attack against Atlanta as evidence threats aren't going away. The 2015 Office of Personnel Management data breach is one type of attack the U.S. is looking to deter, Bolton said. Asked about the administration eliminating the top cyber policy adviser position (see 1805160046), Bolton said he inherited a duplicative staffing structure. Numerous senior directors -- for defense and intelligence, for example -- don't have coordinators, he said. The strategy emphasizes “promoting American prosperity,” “preserving peace through strength,” “advancing American influence” and securing a “cyber future.” It's an extension of Trump’s May 2017 cybersecurity executive order, the White House said. DOD said Tuesday the U.S. needs to collect intelligence in cyberspace to combat malicious efforts by China and Russia, which pose an unacceptable risk to the U.S. North Korea and Iran pose similar threats, officials said.
Rep. Doug Collins, R-Ga., author of music copyright legislation that passed the Senate Tuesday (see 1809180057), anticipates the bill will get unanimous support in the House, his aide told us Wednesday. “We expect the House to greet the amended bill with the same support that has already seen it through both chambers with unanimous votes.”
Sens. Ron Wyden, D-Ore., and Chris Coons, D-Del., crafted another last-minute compromise on music copyright legislation that could clear the way for fast-track unanimous consent consideration (see 1809170050). They will introduce a bill to be included in the final version of the Music Modernization Act, replacing the Classics Act portion Wyden opposed. That's according to documents we obtained.
Utah Attorney General Sean Reyes (R) and North Carolina AG Josh Stein (D) were invited to DOJ’s Sept. 25 meeting on social media concerns, their offices told us Monday (see 1809140033). Stein won't attend, a spokeswoman said, citing a full schedule that day. Reyes is still deciding.
Expect a request to “hotline” Senate music copyright legislation this week in an effort to allow unanimous consent consideration on the floor, industry representatives told us Monday. Sen. Orrin Hatch, R-Utah, told us he supports hotlining his Music Modernization Act (see 1808170046).
Attorneys general of California, Nebraska, Washington and Wisconsin are among the 24 officials U.S. AG Jeff Sessions invited to a Sept. 25 discussion on social media (see 1809110041). Offices for Nebraska’s Doug Peterson (R), Washington’s Bob Ferguson (D) and Wisconsin’s Brad Schimel (R) told us Friday they were invited. Ferguson and Schimel are reviewing scheduling obligations to see if they can attend. We checked with all states' chief law enforcers.
Evidence suggests the U.S. economy has become more concentrated and less competitive in the past 20 to 30 years, and that trend deserves “serious attention,” FTC Chairman Joe Simons said Thursday. This correlates with the shift to a less enforcement-oriented antitrust policy beginning in the early 1980s, he said, opening the agency’s first day of hearings on antitrust and consumer protection policy (see 1809120040). Friday’s was postponed due to weather concerns, as was a congressional hearing (see 1809130035).
Growing data privacy concerns and FTC Chairman Joe Simons’ decision to model hearings after pivotal events in 1995 suggest the agency is on the verge of a turning point, former officials and industry attorneys told us. It kicks off a series of public hearings on antitrust and consumer protection policy Thursday (see 1808240027).
Three Republican state attorney general offices -- in Texas, Louisiana and Arkansas -- told us they are poised to collaborate with U.S. AG Jeff Sessions on tech industry antitrust concerns and claims of conservative bias (see 1809070042). Democrats from New York and Massachusetts and a North Dakota Republican office said they won't be attending DOJ's Sept. 25 meeting, with the latter citing a scheduling conflict. Of all 50 state AG offices queried, 17 of the 21 that responded said they haven't received an invitation. Justice didn’t comment.