The Cybersecurity and Infrastructure Security Agency doesn’t “censor” free speech, Department of Homeland Security Secretary Alejandro Mayorkas told the House Judiciary Committee Wednesday. He disputed findings from a July 4 decision from U.S. District Judge Terry Doughty for Western Louisiana in Monroe (see 2307120065). Doughty blocked federal officials from contacting social media companies about online content requests and identified CISA, DOJ and the FBI as agencies that collaborated with social media platforms to supposedly censor online speech. Rep. Mike Johnson, R-La., repeatedly pressed Mayorkas about how DHS defines disinformation. The government can’t be trusted to determine what’s false, said Johnson, calling Mayorkas the “most dishonest witness” to ever testify before the committee. CISA doesn’t make any effort to remove online content, said Mayorkas: The agency identifies the “tactics” that enemy states use to spread disinformation. Committee members largely focused on border issues during the DHS oversight hearing.

Sen. Ed Markey, D-Mass., and Rep. Anna Eshoo, D-Calif., refiled their Communications, Video, and Technology Accessibility Act (CVTA) Tuesday in a bid to require audio descriptions as part of all video, including in broadcasts, cable, streaming and on social media (see 2303100043). The FCC adopted an order in June clarifying that interoperable videoconferencing services like Zoom and Microsoft Teams must comply with the commission’s accessibility rules under the 2010 21st Century Communications and Video Accessibility Act (see 2306080043). "As we celebrate the anniversary of the groundbreaking Americans with Disabilities Act, we must ensure our accessibility laws keep pace with the digital age," Markey said: "In the 13 years since Congress passed my" CVAA, "new technologies have brought new challenges for the disability community." Technology "evolved rapidly over the last two decades and much of our economy and day-to-day lives have moved online, but unfortunately, accessibility standards have stayed largely the same," Eshoo said: "Video conferencing and video streaming platforms used every day are not required to have audio descriptions or closed captions, leaving people with disabilities unable to use these tools that are essential to learn, work, connect with loved ones, and access crucial services."

The House should cite Meta CEO Mark Zuckerberg for contempt of Congress for failing to produce documents about the company’s alleged collusion with the Biden administration to censor social media content, House Judiciary Committee Chairman Jim Jordan, R-Ohio, said Tuesday (see 2307170056). The committee scheduled a markup Thursday to vote on issuing a report to the House recommending citing Zuckerberg. The report stems from an investigation by the House Weaponization of the Federal Government Subcommittee into the executive branch’s supposed coordination with social media companies. Meta failed to produce “nearly all of the relevant documents internal to the company” requested in a Feb. 15 subpoena, the report said. The company didn’t comment.

The Senate Commerce Committee plans to mark up the AM Radio for Every Vehicle Act (S-1669) and five other tech and communications policy bills Thursday, as expected (see 2307200071), the panel said. S-1669 and House companion HR-3413 would mandate automakers include AM radio technology in future vehicles. Also on the agenda: the Orbital Sustainability Act (S-447), Kids Online Safety Act (S-1409), Children and Teens’ Online Privacy Protection Act (S-1418), Launch Communications Act (S-1648) and American Cybersecurity Literacy Act (S-2201). The meeting will begin at 10 a.m. in 253 Russell. S-447 would require the Commerce Department to work with the FCC and National Space Council to develop and promote standard practices for avoiding collisions and near hits between spacecraft in orbit (see 2209140062). Senate leaders see S-1409 and S-1418 as important components of a kids’ online privacy legislative package. S-1648 and House Commerce Committee-cleared companion HR-682 would require the FCC to streamline the authorization process for commercial launches’ access to spectrum (see 2303230077). S-2201 and House Commerce-approved companion HR-1360 would require NTIA to establish a cybersecurity literacy campaign to increase public knowledge and awareness of cybersecurity risks, including best practices for preventing cyberattacks (see 2303240065).

The Senate Commerce Committee will mark up kids’ privacy legislation next week, Chair Maria Cantwell, D-Wash., told us Thursday. The committee passed the Kids Online Safety Act (S-3663) with a 28-0 vote and the Children and Teens’ Online Privacy Protection Act (S-1628) by voice vote in July 2022 (see 2207270057). “It’s been a priority,” said Cantwell. “We passed them out of committee last time, so we’ll probably do that again.” Asked if she’s optimistic about getting floor time this year, she said, “It’ll be up to” Senate Majority Leader Chuck Schumer, D-N.Y. Sen. Ed Markey, D-Mass., author of S-1628, told reporters Thursday: “We’re working hard to remove obstacles. That’s the job for today.” Social media created a “mental health crisis,” he said.

The House Judiciary Committee unanimously voted for the Protect Reporters from Exploitative State Spying Act (HR-4250) Wednesday. The Press Act puts limits on when the government can obtain confidential source information from journalists and their third-party service providers. The bill will protect the sources of broadcast journalists and allow them to “continue this critical work without fear of retaliation,” NAB President Curtis LeGeyt said in a news release. “The bill provides much-needed safeguards to protect the important investigative work of the free press on matters critical to preserving our democracy,” said the News Media Alliance. The bill unanimously passed the House last Congress and was reintroduced by Reps. Kevin Kiley, R-Calif., and Jamie Raskin, D-Md.

The House Judiciary Committee on Wednesday is scheduled to mark up legislation that would bar law enforcement agencies from buying consumers’ communications information from data brokers. Introduced by Reps. Warren Davidson, R-Ohio; Jerry Nadler, D-N.Y.; Andy Biggs, R-Ariz.; Zoe Lofgren, D-Calif; Ken Buck, R-Colo.; Pramila Jayapal, D-Wash.; Thomas Massie, R-Ky.; and Sara Jacobs, D-Calif., H.R. 4639 would prevent law enforcement and intelligence agencies from “obtaining subscriber or customer records in exchange for anything of value.” Police buying consumer data has been a point of contention in surveillance reform discussions (see 2307140042). Demand Progress called for Congress to close the data broker loophole, saying brokers “sell troves of sensitive information about us to these agencies, including who goes to which churches, mosques, reproductive health clinics, rehab facilities, protests, and more.” Police shouldn't be able to "pay a phone company to install a wiretap instead of getting a warrant from a judge to place the wiretap," said Jake Laperruque, Center for Democracy & Technology deputy director-Project on Security & Surveillance. The hearing is scheduled for 9 a.m. in 2141 Rayburn.

Bipartisan legislation introduced Tuesday would direct the Department of Health and Human Services to examine the health security risks associated with AI. Introduced by Sens. Ed Markey, D-Mass., and Ted Budd, R-N.C., the Artificial Intelligence and Biosecurity Risk Assessment Act would direct the HHS assistant secretary for preparedness and response to conduct comprehensive risk assessments of AI. Another piece of legislation they introduced, the Strategy for Public Health Preparedness and Response to Artificial Intelligence Threats Act, would direct HHS to develop a “strategy for public health preparedness and response” to AI.

House Commerce Committee leaders said Monday night they’re “extremely disappointed” that Congress still hasn’t “fully funded” the FCC’s Secure and Trusted Communications Networks Reimbursement Program as participants faced a deadline that day to submit repayment claims for removing suspect equipment from their networks (see 2307170065). FCC Chairwoman Jessica Rosenworcel and others have repeatedly prodded lawmakers in recent months to allocate the additional $3.08 billion needed to fully satisfy reimbursement costs for carriers, with Rosenworcel citing the commission’s statutory obligation to begin prorating those payments absent appropriations (see 2305040085). “The longer Congress waits to address the funding shortfall in this program, the more we jeopardize America’s national security by leaving our networks vulnerable to espionage by adversaries like China,” said House Commerce Chair Cathy McMorris Rodgers, R-Wash.; ranking member Frank Pallone, D-N.J.; Communications Subcommittee Chairman Bob Latta, R-Ohio; and ranking member Doris Matsui, D-Calif. “We continue to work with our colleagues” to bring the panel-approved Spectrum Auction Reauthorization Act (HR-3565) “to the floor” given it proposes giving the FCC the rip-and-replace money and using some future auction revenue to cover the loan (see 2305240069). “It’s critical that we find a path forward as soon as possible to finish securing our networks and strengthening our national defense,” the lawmakers said.

"Americans in rural and urban communities who depend upon public media content and services are very disappointed by" the House Appropriations Labor, Health and Human Services, Education and Related Agencies Subcommittee's advancement Friday of a FY 2024 appropriations bill (see 2307140069) that would "eliminate CPB’s two-year advance funding," said CEO Patricia Harrison in a statement. Congress allocated CPB $535 million for FY 2025 in the FY 2023 omnibus appropriations package (see 2212210077). President Joe Biden proposed increasing its annual appropriation to $575 million for FY26, up 7%. The measure also doesn’t include funding for CPB system interconnection and infrastructure for FY24. The FY23 omnibus allocated $60 million for that purpose. It also doesn’t mention funding for the Education Department’s Ready to Learn educational programming grant program. "The elimination of this nearly 50-year funding structure would destroy the firewall that protects public media’s independence, and significantly weaken the public-private partnership that enables stations to raise needed funds," Harrison said: "Public media has always enjoyed strong bipartisan support, affirming its essential role in strengthening our nation’s civil society. The federal appropriation ensures universal access to free, high-quality, innovative, and diverse content that educates and enriches the public dialogue."