It's an “easy” decision to support legislation for giving news outlets power to negotiate with Big Tech, House Antitrust Subcommittee ranking member Ken Buck, R-Colo., told us Friday, despite criticism from fellow Republicans. Legislators and two witnesses at Friday’s hearing said the legislation could enable a big media monopoly when the goal is to check Big Tech power.
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
House Commerce Committee members from both parties want an update to the Children's Online Privacy Protection Act (COPPA), they said Thursday, urging support for two different bills. Rep. Kathy Castor, D-Fla., will reintroduce the Protecting the Information of Our Vulnerable Children and Youth Act, an opt-in consent bill meant to give children and parents more control over data. Rep. Tim Walberg, R-Mich., voiced support for the Preventing Real Online Threats Endangering Children Today (Protect) Kids Act, which he introduced with Rep. Bobby Rush, D-Ill. The privacy law must be updated to address an increasingly complex and digital world, said House Consumer Protection Subcommittee Chair Jan Schakowsky, D-Ill., during her subcommittee’s hearing. Kids have a new, “sad” reality because of COVID-19 and turn to social media more, said ranking member Gus Bilirakis, R-Fla. Parents need help, and tech companies need to be held accountable, said Nusheen Ameenuddin, chair of the American Academy of Pediatrics' Communications and Media Council. Congress has a responsibility to create a healthy internet for children, said Ariel Fox Johnson, Common Sense Media senior counsel-global policy.
Senate Antitrust Subcommittee Chair Amy Klobuchar, D-Minn., seeks Senate Judiciary Committee markup for her bill letting small news outlets negotiate revenue-sharing with online platforms (see 2103100058). She told us after Thursday’s subcommittee hearing that she spoke about the possibility with Chairman Dick Durbin, D-Ill., who sponsored the bill last year.
Increasing resources for antitrust enforcers is one potential area for Senate Judiciary Committee compromise, ranking member Chuck Grassley, R-Iowa, told us Wednesday. It’s something Senate Antitrust Subcommittee Chair Amy Klobuchar, D-Minn., has pushed for along with comprehensive antitrust legislation (see 2102040053). Klobuchar will lead the subcommittee’s first hearing this session Thursday (see 2103040033).
President Joe Biden’s reported decision to nominate Columbia Law School’s Lina Khan for an open FTC seat drew reactions mostly along party lines Tuesday. Consumer groups praised the news. The Information Technology and Innovation Foundation called her “populist” views a threat to traditional antitrust enforcement.
Senate Intellectual Property Subcommittee ranking member Thom Tillis, R-N.C., hopes to introduce bipartisan legislation in late April or early May updating the Digital Millennium Copyright Act, he told us Monday. His office gathered comments from groups through Friday on a discussion draft titled the Digital Copyright Act of 2021. As chairman last session, Tillis worked with then-ranking member Chris Coons, D-Del., on a multi-hearing review of the DMCA.
Senate Intelligence Committee Chairman Mark Warner, D-Va., is drafting a mandatory cyber breach reporting bill with Sens. Susan Collins, R-Maine, and John Cornyn, R-Texas, they told us this week. Ranking member Marco Rubio, R-Fla., also expressed interest. He said there’s a future for such legislation, after the Russia-linked SolarWinds hack (see 2102230064).
The Library of Congress’ 3G cell system, which is nearing the “end of its life” and has security issues, must be replaced, Librarian of Congress Carla Hayden told a House Legislative Branch Subcommittee hearing Wednesday.
Congress should make Medicare reimbursement for telehealth services permanent, said House Health Subcommittee Chair Anna Eshoo, D-Calif., during a hearing Tuesday. She cited the benefit of such waivers signed by the Centers for Medicare & Medicaid Services during the pandemic. Expansion should continue but can’t replace all in-person visits, said ranking member Brett Guthrie, R-Ky. He noted broadband is a limiting factor, and he will work to address infrastructure limitations. Telehealth has been important for rural communities, said House Commerce Committee ranking member Cathy McMorris Rodgers, R-Wash. She's especially interested in telehealth advantages for mental health services, given the rise in anxiety and suicide during the pandemic. First consider a number of items, said Commerce Committee Chair Frank Pallone, D-N.J.: the value of telehealth care, ways to strengthen program integrity, and methods to ensure equitable access to telehealth. Utilization data can help ensure underserved populations have access, he said. Permanent repeal of rural and site exclusions would give certainty, testified American Medical Association board member Jack Resneck. Stanford Health Care Chief of Staff Megan Mahoney agreed, supporting anything that expands access to care and removes geographic barriers. Research is needed on effectiveness and outcomes, said Purchaser Business Group on Health CEO Elizabeth Mitchell: Telehealth isn't necessarily duplicative but supplementary to in-person care. Some telemedicine offerings are more cost-effective than others, and services should be expanded there, said Ateev Mehrotra, Harvard Medical School associate professor-health care policy.
House Communications Subcommittee ranking member Bob Latta, R-Ohio, wants to legislate access to personal Whois data, he told us (see 2008270055). Stakeholders concerned with intellectual property, online security, law enforcement and other interests said in interviews that Congress must take control of the debate because ICANN can't resolve the issue.