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.
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 Senate Homeland Security and Governmental Affairs Committee passed cyber incident reporting legislation Wednesday. It plans to attach the bill to the National Defense Authorization Act, mirroring efforts in the House (see 2110010045).
Congress will move forward with legislation to roll back Communications Decency Act Section 230 immunity and give victims of online harm legal remedies against amplified content, Senate Consumer Protection Subcommittee Chairman Richard Blumenthal, D-Conn., told reporters Tuesday. Members of the subcommittee are “very engaged” on the issue, and it’s going to be a priority to find consensus, said ranking member Marsha Blackburn, R-Tenn., speaking to reporters after a hearing with Facebook whistleblower Frances Haugen (see 2110010047).
Congress should investigate Facebook, subpoena its internal research about youths and block the platform’s plans to launch an Instagram for kids, consumer advocates told us Friday. They joined calls from Democrats and Republicans urging Facebook to drop those plans.
Thursday’s testimony from Facebook underscores the need for the FTC to update the Children's Online Privacy Protection Rule (see 2105110052), Senate Commerce Committee Chair Maria Cantwell, D-Wash., told us after a Senate Consumer Protection Subcommittee hearing (see 2109240009). Members said Global Head-Safety Antigone Davis evaded questions about the company’s internal research showing a link between youth mental health issues and Instagram activity (see 2109150053). “They had information that they basically said they didn’t, which is a problem,” said Cantwell.
The Senate Commerce Committee’s privacy hearing Wednesday showed there’s “more commonality than expected,” Chair Maria Cantwell, D-Wash., told reporters. Federal preemption remains a hurdle, but ranking member Roger Wicker, R-Miss., told us he and Cantwell are going to “intensify” efforts to reach agreement over the next two months.
The House Judiciary Committee’s package of antitrust bills isn't ready for floor action, Chairman Jerry Nadler, D-N.Y., and House Antitrust Subcommittee Chair David Cicilline, D-R.I., told us Tuesday. The committee hasn’t asked leadership for floor time, Nadler said after the subcommittee’s hearing.
Senate Commerce Committee members told us they hope Wednesday’s consumer privacy hearing will reactivate privacy legislation discussions. But Senate Minority Whip John Thune, R-S.D., said leadership hasn’t been willing to engage in discussions, despite bipartisan potential from other members. Commerce Chair Maria Cantwell, D-Wash., said she’s focused on getting the FTC more funding.
The Senate Judiciary Committee is eyeing a confirmation hearing within the first two weeks of October for DOJ Antitrust Division chief nominee Jonathan Kanter, Senate Antitrust Subcommittee Chair Amy Klobuchar, D-Minn., told us. “I hope that happens. Now remember, it’s in the full committee, so I can’t control everything.”
Senate Homeland Security Committee Chairman Gary Peters, D-Mich., hopes soon to introduce legislation with ranking member Rob Portman, R-Ohio, that would require critical infrastructure owners and operators to report “significant” cyberattacks, Peters said during a hearing Thursday. The bill would require entities to report incidents to the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency. Accountability on who’s in charge will be an important element, said Portman: “Cyber reporting legislation might better inform that strategy. I think we can get that right. I think we can get a bipartisan product.” Senate Intelligence Committee Chairman Mark Warner, D-Va., said previously he and co-authors of his own legislation were in conversations with Peters and Portman (see 2108020033). It’s long past time to pass cyber incident reporting legislation, testified CISA Director Jen Easterly: The bill would allow CISA to aid victims directly and share information across sectors. The information would be “profoundly useful” for determining strategy and informing investments, said National Cyber Director Chris Inglis. OMB Federal Chief Information Security Officer Christopher DeRusha said it’s important to have a universal standard rather than a state patchwork.