The FTC shouldn’t be “colluding” with European regulators to help enforce European laws against American companies on U.S. soil, Senate Commerce Committee ranking member Ted Cruz, R-Texas, wrote Chair Lina Khan Tuesday. Cruz is seeking documents on communication between FTC officials and EU officials in their San Francisco office about implementation of the EU’s Digital Services Act and Digital Markets Act. “There are no corollary federal laws to the DSA and DMA, making the FTC’s efforts to conspire with foreign regulators against U.S. businesses unprecedented,” said Cruz’s office. He requested accounting records for any FTC employees who traveled to Brussels. The FTC confirmed receiving the letter.

Online marketplaces like Meta, Amazon, Walmart, Target, eBay and TikTok need to do more to remove banned and hazardous products from their platforms, the House Commerce Committee wrote in letters announced Tuesday. Chair Cathy McMorris Rodgers, R-Wash., signed the letters with ranking member Frank Pallone, D-N.J., and House Consumer Protection Subcommittee Chair Gus Bilirakis, R-Fla., and ranking member Jan Schakowsky, D-Ill. At least one platform, Meta, has “fallen short” on its responsibilities for proactively removing products deemed dangerous by the Consumer Product Safety Commission, they wrote. They also sent letters to eBay, TikTok, BikeList, Etsy, Goldin, Kidzen, Marcari, OfferUp, Poshmark, Reverb, Pinduoduo, Alibaba and Shein. They asked for specific details about how the companies are removing products the CPSC has flagged. Meta said in a statement Tuesday: “Like other platforms where people can buy and sell goods, there are instances of people knowingly or unknowingly selling recalled goods on Marketplace. We take this issue seriously and when we find listings that violate our rules, we remove them.”

Sen. Michael Bennet and Rep. Brittany Pettersen, both Colorado Democrats, led filing last week of the Connecting Our Neighbors to Networks and Ensuring Competitive Telecommunications (Connect) Act in a bid to revamp the Agriculture Department’s ReConnect program. The measure would shorten USDA’s deadline for making permitting decisions on department-funded broadband projects from 270 days to 180 days. It would designate rural areas that receive non-wireline broadband service as eligible for ReConnect funding and establish a program-specific Office of Technical Assistance. The bill would create an interagency broadband council to recommend uniform speed and application rules for all federal connectivity programs. Sen. Ted Budd of North Carolina and Rep. Juan Ciscomani of Arizona are the measure’s lead GOP sponsors. “It’s time Washington made federal programs easier to access for small providers -- who are most attuned to the needs of their customers -- and strengthened support for local governments, nonprofit organizations, and cooperatives seeking to provide internet service to rural residents,” Bennet said.

House Judiciary Committee Chairman Jim Jordan, R-Ohio, pressed Friday for former Cybersecurity and Infrastructure Security Agency Director Christopher Krebs and former Twitter Trust and Safety Head Yoel Roth to submit to transcribed interviews by Sept. 1 as part of the panel’s investigation of the Biden administration’s alleged collusion with social media companies to censor free speech. “We believe that you are uniquely positioned to aid the Committee’s oversight, as you served as the director of [CISA,] which, under your leadership, participated in efforts to unconstitutionally monitor and censor Americans’ speech on social media platforms,” Jordan said in a letter to Krebs, now a cybersecurity consultant. The “investigation, along with other public reporting, and publicized discovery in an ongoing federal court case,” Missouri v. Biden (see 2307250012), “have exposed how the federal government has pressured and colluded with Big Tech and other intermediaries to censor certain viewpoints on social and other media in ways that undermine First Amendment principles,” Jordan wrote Roth, now a University of California-Berkeley tech policy fellow. “As has been well-documented, during your tenure as Head of Trust & Safety, you met with various federal agencies on numerous occasions regarding issues that are relevant to” House Judiciary’s probe. Krebs and Roth didn’t immediately comment.

The House Judiciary Committee subpoenaed DOJ and the FBI Thursday for documents about any communication between the agency, private companies and third parties about social media content moderation. The committee issued the subpoenas in support of its censorship investigation. Chairman Jim Jordan, R-Ohio, said the committee sought DOJ’s voluntary cooperation with oversight in April, but the agency’s compliance has been “woefully inadequate, producing only a single document: a publicly available transcript of a civil deposition of FBI Assistant Special Agent in Charge Elvis Chan from Missouri v. Biden.” Jordan said the committee uncovered evidence that contradicts Chan's testimony in the case on communication with social media platforms. DOJ and the FBI don't "censor content on social media platforms," the department said in a statement Thursday. "Private companies have the sole authority to make decisions to protect their platforms and users. As with all the Committee’s various requests, the Department remains committed to working with the Committee to fulfill their informational needs.”

The FTC follows federal laws for maintaining its records, an agency spokesperson said Thursday in response to claims from congressional Republicans that the FTC is improperly destroying documents. Senate Commerce Committee ranking member Ted Cruz, R-Texas, House Judiciary Committee Chairman Jim Jordan, R-Ohio, and House Oversight Committee Chairman James Comer, R-Ky., alleged in a letter Thursday that the agency improperly deleted documents about noncompete clauses, impeding oversight requests from Jordan. The group cited an inspector general report from February that said the agency failed to properly maintain its records. According to the inspector general, the agency failed to follow National Archives and Records Administration records scheduling requirements and didn’t set up automated practices for proper storage and timely disposal of records in a uniform manner across the agency. “By deleting documents, the FTC likely violated federal law,” they wrote. “It also impeded Congressional oversight of the FTC’s recent, unprecedented actions, including its proposed rule banning non-compete clauses.” Jordan and Cruz have heavily scrutinized the FTC under Chair Lina Khan (see 2303100065). An agency spokesperson confirmed receiving the letter Thursday: “The FTC maintains records in accordance with federal law, including Federal Information Security Management Act requirements on the retention of records and disposal of records for security purposes.”

The FTC should investigate whether YouTube violated kids’ privacy law and a 2019 consent decree when the platform tracked children without parental consent, Sens. Ed Markey, D-Mass., and Marsha Blackburn, R-Tenn., wrote the agency in a letter Thursday. Citing a report from The New York Times and Adalytics, the letter claims the platform facilitated “rampant collection and distribution of children’s data by serving targeted advertising to viewers watching child-directed content.” The platform provided troves of data to data brokers and third parties without consent, they said. Google said in a statement Thursday this is the second time in recent weeks Adalytics published a “deeply flawed and misleading report.” Personalized ads have never been allowed on YouTube Kids, and that policy was expanded in January 2020 to anyone watching made-for-kids content on YouTube, the company said. “The report makes completely false claims and draws uninformed conclusions based solely on the presence of cookies, which are widely used in these contexts for the purposes of fraud detection and frequency capping -- both of which are permitted under” the Children’s Online Privacy Protection Act, said Google. “The portions of this report that were shared with us didn’t identify a single example of these policies being violated.” The agency confirmed receiving the letter.

The New Democrat Coalition formed its first AI Working Group, the coalition announced Tuesday. Leading the group will be Reps. Derek Kilmer of Washington, Don Beyer of Virginia, Jeff Jackson of North Carolina, Susie Lee of Nevada and Haley Stevens of Michigan. They will “engage with the Biden administration, key stakeholders and lawmakers on both sides of the aisle and Capitol to develop and advance sensible, bipartisan policies to address this emerging technology,” the coalition said.

Google, Snap and OpenAI should stop using AI technology to promote content on eating disorders, Senate Intelligence Committee Chairman Mark Warner, D-Va., wrote in letters to the companies Thursday. He cited a study from the Center for Countering Digital Hate showing OpenAI’s ChatGPT, Google’s Bard and Snapchat’s My AI “consistently generate content that promotes eating disorders.” The chatbots provide “detailed information on hiding uneaten food from parents, instructions to trigger a gag reflex, and promote ‘chewing and spitting’ as an extreme weight loss method,” Warner’s office said. He urged the companies to fix this “glaring problem.” Google said in a statement: "Eating disorders are deeply painful and challenging issues, so when people come to Bard for prompts on eating habits, we aim to surface helpful and safe responses. Bard is experimental, so we encourage people to double-check information in Bard’s responses, consult medical professionals for authoritative guidance on health issues, and not rely solely on Bard’s responses for medical, legal, financial, or other professional advice." The other companies didn’t comment.

If the Senate confirms Democratic FCC nominee Anna Gomez, Chairwoman Jessica Rosenworcel could count on “a critical third vote” on new cybersecurity and data privacy matters that “are likely to feature prominently in the expected forthcoming wave of policymaking” that would follow a shift to a 3-2 Democratic commission majority, said ZwillGen lawyers Alex Stout and Jon Frankel in a Wednesday blog post. Senate Majority Leader Chuck Schumer, D-N.Y., filed cloture on Gomez just before the August recess, teeing up likely floor votes on her the week after Labor Day (see 2307280074). “The FCC has a fulsome agenda for cybersecurity and data privacy” that Rosenworcel will likely “push rapidly to accomplish," since the FCC has been in a 2-2 tie for more than two years, Frankel and Stout said. Gomez “has said little on the record on cybersecurity and data privacy,” but “we expect that” she will “largely support” Rosenworcel’s agenda. Rosenworcel’s Privacy and Data Protection Task Force (see 2306140075) “will be center stage in this effort,” as will forward movement on a January NPRM on revised rules for wireless carriers to report data breaches, the lawyers said: The task force “already resuscitated a SIM-swap proposal and will likely similarly take the lead on turning the FCC’s 2022 notice of inquiry seeking comment about cybersecurity vulnerabilities of the internet’s Border Gateway Protocol global routing system (see 2202250062) “into a final proposal.” Rosenworcel’s proposed voluntary cybersecurity labeling program for smart devices (see 2307180054) also “looks to catapult the FCC into a consumer-facing role on securing” that equipment, Frankel and Stout said.