The FTC should continue presuming viewers of youth-directed online content are children, despite efforts from YouTube and the tech industry seeking carve-outs for adults watching it. It’s a central issue in the agency’s review of the Children’s Online Privacy Protection Act rule (see 1912090061), based on comments in docket 2019-0054 collected through Thursday.
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
Senate Republicans are eager to pass the U.S.-Mexico-Canada Agreement, despite reservations about including language shielding the tech industry from content liability. House Speaker Nancy Pelosi, D-Calif., announced an agreement with the White House on USMCA Tuesday (see 1912100012). Senate Majority Leader Mitch McConnell, R-Ky., said that chamber will consider the trade pact in 2020 (see 1912100015).
The Copyright Office is 95 percent complete with GAO 2015 IT modernization recommendations, Librarian of Congress Carla Hayden told the Senate Intellectual Property Subcommittee Tuesday. Copyright Office Director Karyn Temple, who leaves the CO after eight years for the Motion Picture Association (see personals section, Dec. 10), didn’t testify. Hayden detailed IT initiatives as the CO looks to reach 100 percent “very soon.” The online recordation system will allow users to record information on copyright ownership using a digital platform. The office is launching a new public records system to allow the public to search all copyright records. She said a limited recording pilot is expected in spring 2020, a proof of concept for the public records system in late 2020 and a next-generation registration system is expected to be in “full-scale” development later that year. Congress’ initial investment in copyright modernization was about $12 million for five years, and the CO is entering year two. Monday, Chairman Thom Tillis, R-N.C., and ranking member Chris Coons, D-Del., issued a CO modernization bill draft based on subcommittee roundtables (see 1907300069). Key conclusions from the roundtables, Tillis said, are the need for improved communication and transparency for those who use the copyright system daily. It’s essential there isn’t another prolonged period without a Register of Copyrights, he added. The office is working to reduce registration pendency times, modernize IT systems and implement the Music Modernization Act, he noted. CO acting Chief Financial Officer Jody Harry testified it could staff up quickly to implement the Copyright Alternative in Small-Claims Enforcement Act, if passed (see 1910250047), and associated IT needs are “minimal.” Tillis asked about the pros and cons of potentially updating Title 17, through the legislation, to make the CO statutory and essentially align it with the Congressional Research Service at the Patent and Trademark Office. CO centralization and management is analogous to CRS independence and autonomy, Hayden said. Having the ability to interact directly with Congress is a benefit, she said.
Apple and Google need to voluntarily provide better device access, or Congress will force them to alter encryption standards and accommodate lawful police searches, Senate Judiciary Committee members from both parties said Tuesday. The panel and representatives from Apple and Facebook debated end-to-encryption during a Tuesday hearing, at which law enforcement slammed Apple’s decision in 2014 to engineer devices in a way that effectively blocks police access.
Rep. Suzan DelBene, D-Wash., urged support for her privacy legislation, which she said would allow state attorneys general to obtain injunctive relief. During an interview with The Communicators, online Friday and to have been televised on C-SPAN over the weekend, she repeatedly cited her Information Transparency and Personal Data Control Act (HR-2013) (see 1903040054). Asked about including a private right of action, a sticking point in the privacy legislation debate, DelBene cited the need for strong enforcement from the FTC and state attorneys general. EU’s general data protection regulation and states moving forward with their own laws are major reasons for the U.S. to pass federal privacy legislation, she said: Without a federal law, the U.S. isn’t at the international table setting the standard. On slow progress in passing privacy legislation, she said it’s a complicated issue that not everyone is comfortable discussing. It would be “wonderful” to move faster, but Congress is making progress, she said. Congress can protect both consumers and innovation, but consumers need clarity on how data is collected, shared and used, she argued. The FTC needs authority to make privacy rules and inflict penalties through enforcement that has teeth, said DelBene. On antitrust, the tech industry isn’t in a unique position and is subject to competition law like any other sector, she said.
The FTC “effectively removed” Facebook’s independent privacy assessor (see 1912050065), Chairman Joe Simons wrote recently in a congressional letter. We obtained the document in response to a Freedom of Information Act request. Senators reached Thursday were skeptical that the FTC's $5 billion settlement resulted in meaningful structural change at Facebook.
Privacy proposals from Senate Commerce Committee Republicans and Democrats both provide stronger consumer protections than California’s privacy law, said Chairman Roger Wicker, R-Miss., Wednesday. During a long-awaited hearing, ranking member Maria Cantwell, D-Wash., raised concerns about third-party data sharing. Lawmakers gave varying views on a private right of action.
The FTC “effectively removed” Facebook’s independent privacy assessor, Chairman Joe Simons wrote a legislator in a letter we obtained.
Senate Commerce Committee Chairman Roger Wicker, R-Miss. is “open to discussing” a narrowly tailored private right of action provision in a compromise data privacy bill. He told reporters Monday any discussion of such a provision would be part of broader negotiations “in good faith" to try to win Democrats' support. The committee plans a hearing 10 a.m. Wednesday (see 1911250058).
Google’s decision to limit political advertising microtargeting is a better approach than Facebook’s decision not to fact-check political ads, Sens. Mark Warner, D-Va., and Ed Markey, D-Mass., said in interviews last month. Sens. Brian Schatz, D-Hawaii; Josh Hawley, R-Mo.; and John Kennedy, R-La.; said Google’s updated policy is a mistake.