The Senate was set to vote Wednesday night on invoking cloture on U.S. Agency for Global Media CEO nominee Amanda Bennett (see 2111120070) and White House Office of Science and Technology Policy Director nominee Arati Prabhakar. The cloture vote on Bennett was to begin at 5:30 p.m. EDT. The Senate Commerce Committee advanced Prabhakar in July on a largely party-line 15-13 vote (see 2207270057).

NTIA needs to “upgrade its privacy practices to protect the personal information of US users,” Sen. Ron Wyden, D-Ore., and Rep. Anna Eshoo, D-Calif., wrote the agency Wednesday with several other members. They claim NTIA hasn’t updated its privacy guidelines for contractors handling domain registration information since at least 2005. “The automatic public disclosure of users’ personal information puts them at enhanced risk for becoming victims of identity theft, spamming, spoofing, doxxing, online harassment, and even physical harm,” they wrote. They recommended requiring affirmative consent for the transfer of user data to third parties, warrants for agencies requesting data and alerts for users when foreign adversaries like Russia and China access information. NTIA didn’t comment.

The House was to vote as soon as Monday night on three telecom and cryptocurrency bills from the Foreign Affairs Committee under suspension of the rules: the Russia Cryptocurrency Transparency Act (HR-7338), Securing Global Telecommunications Act (HR-8503) and Countering Untrusted Telecommunications Abroad Act (HR-8520). HR-7338 would require the State Department to appoint a digital currency security director within the Office of Economic Sanctions Policy and Implementation to assist in developing sanctions enforcement mechanisms resilient to malevolent actors’ use of digital currencies. The measure would also require the department to notify Congress when it pays out rewards in cryptocurrencies. HR-8503 would require State to develop a comprehensive strategy to promote trusted vendors of critical telecom infrastructure components. It also orders a report to Congress on Chinese and Russian efforts to advance their interests at the ITU. HR-8520 would require publicly traded companies to disclose whether they contracted to use untrusted telecom equipment or services. It would also direct the State Department to report on U.S. collective defense allies using untrusted telecom equipment or services in their 5G networks.

Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., and House Communications Subcommittee Vice Chair Doris Matsui, D-Calif., led filing Thursday of the Digital Equity Foundation Act to create a nonprofit foundation to disburse funding for digital equity, inclusion and literacy projects and support related activities. The measure mirrors parts of an earlier Airwaves for Equity proposal to endow a digital equity foundation using future FCC spectrum auction revenue (see 2202230058) but doesn’t mention a specific funding source. The foundation would “supplement, but not supplant,” existing NTIA and FCC connectivity funding programs, including ones Congress created via the Infrastructure Investment and Jobs Act. Lujan’s office cited the success of other congressionally established nonprofits, saying they were a way of leveraging public-private partnerships. “Critically, this legislation also ensures” the decision-makers who created the nonprofit “will consist of experts that reflect the diverse communities that are in need of these investments, who will work closely with federal agencies to support and uplift digital equity-focused programs,” Lujan said. “This legislation will jumpstart us down the road to lasting digital equity and inclusion nationwide,” Matsui said. Without “sustained investments in digital adoption and inclusion efforts at the community level, the huge new investments in broadband infrastructure and affordability won’t close the digital divide,” said New America’s Open Technology Institute Wireless Future Project Director Michael Calabrese: “A Digital Equity Foundation dedicated to this work and, if possible, funded by future spectrum auctions, will provide a sustainable way to address the broadband adoption side of the digital divide.” Lujan’s office cited support from 10 other public interest groups, including the American Library Association, National Hispanic Media Coalition, Public Knowledge and the Schools, Health & Libraries Broadband Coalition.

Nevada Republican Senate candidate Adam Laxalt again (see 2203230071) urged his opponent, Democratic Sen. Catherine Cortez Masto, to publicly oppose FCC nominee Gigi Sohn’s confirmation. Cortez Masto is one of three Democrats who have remained publicly undecided on Sohn, a primary reason her confirmation process has been stalled since March (see 2203030070). All 50 Senate Democrats would need to back Sohn to overcome expected united GOP opposition to the nominee. Cortez Masto isn’t expected to take a position on Sohn until after the November election (see 2209130065). Cortez Masto “has a responsibility to strongly oppose” Sohn due to perceptions she’s “an anti-police radical,” Laxalt said Thursday. He cited the Fraternal Order of Police’s assertions (see 2201040071) that she “publicly supported defunding the police and repeatedly promoted social media posts attacking law enforcement.” Sohn’s supporters repeatedly countered FOP’s claims (see 2205050050). Cortez Masto’s Senate office and campaign didn’t comment. Digital Liberty Executive Director James Erwin, meanwhile, said the current FCC “has proven entirely capable of delivering on numerous bipartisan priorities that will improve connectivity, spur innovation and ensure taxpayer resources are being efficiently spent” despite being in a 2-2 tie. “Sohn’s radical record is disqualifying on the merits, but no Democrat can say with a straight face that the Biden FCC has been hampered by the 2-2 partisan split,” Erwin said in an opinion piece in The Hill. Biden “should pull the Sohn nomination and put forward a better-qualified candidate that can earn bipartisan support.”

The Senate confirmed Nate Fick Thursday to be ambassador-at-large-cyberspace and digital policy in a voice vote. The Senate Foreign Relations Committee advanced Fick Wednesday on a voice vote as part of an en bloc package, a committee spokesperson said. Fick got a positive reception from the committee during his August confirmation hearing (see 2208030065).

“Holding Big Tech accountable” will be one of House Commerce Committee Republicans’ top priorities if their party wins a majority in the chamber in the November election, ranking member Cathy McMorris Rodgers, R-Wash., said during a Thursday Punchbowl News event. “We need to hold Big Tech accountable” in a bigger way than has happened during this Congress, Rodgers said: She supports “narrowing [Communications Decency Act] Section 230 protections, especially for the larger companies” that have been “bad actors,” so “they can be held accountable” for censorship. Rodgers touted Republicans’ Big Tech Censorship and Data Task Force and language in House Commerce’s stalled (see 2209010066) American Data Privacy and Protection Act (HR-8152) that “would protect” personal information for users under age 17. The GOP also aims to ensure “small companies and innovators can still have access” to a “free internet” so “they can compete,” she said. Rodgers cited TikTok and Snapchat as among the worst actors in the tech space. She cited TikTok’s “impact on kids” and the “amount of data” that app collects that’s “being stored in China or used in China.” She criticized Snapchat over instances in which young people have had access to drugs, often laced with fentanyl, using the app (see 2110260070). Snapchat and TikTok didn’t comment. Rodgers said her shorter-term goals include ensuring language to temporarily extend the FCC’s spectrum auction authority past Sept. 30 makes it into a planned continuing resolution to fund the federal government past that date (see 2209090053). The House already “did our work” by passing the Spectrum Innovation Act (HR-7624), which would renew the FCC’s authority for 18 months (see 2208090001), she said: “It would be unfortunate” if the agency’s existing authority expires and “I don’t believe anyone wants to see that” happen.

The Journalism Competition and Preservation Act (S-673) was held over again (see 2209080043) at Thursday’s markup (see 2209130054 but is slated for a Senate Judiciary Committee vote next week, said Sen. Amy Klobuchar, D-Minn., during the proceeding. “We’ve had incredibly good discussions over the last week with a number of members of the committee and I feel as positive as ever,” she said. “We’re looking forward to returning to it in a timely fashion, I understand the conversations have been productive since our last committee meeting,” said Judiciary Committee Chair Sen. Dick Durbin, D-Ill., at the start of the markup.

The Senate Judiciary Committee will again mark up the Journalism Competition and Preservation Act, (S- 673) on Thursday. Sen. Amy Klobuchar, D-Minn., withdrew the legislation at last week’s markup after the committee agreed to an amendment from Sen. Ted Cruz, R-Texas, (see 2209080043). Co-sponsor Sen. John Kennedy, R-La., told reporters Tuesday he’s working with Cruz’s office to address his “very good” concerns about content moderation. Democrats say content moderation has never been a part of the bill, so it should be made explicit within the language, said Kennedy. Asked about Klobuchar’s refusal to support the Cruz amendment, Kennedy said, “That’s up to Sen. Klobuchar. God gave each of us a vote, and you can do one of three things: You vote yes, no or you can jump the rail.” Klobuchar told reporters: “We are working on the language, and we are hopeful.” She said Congress gets “an A for having hearings and an A for introducing bills and an F for passing [legislation]. Hopefully, we can [pass] the JCPA this week.”

The Senate Foreign Relations Committee plans to vote Wednesday on advancing Nate Fick’s nomination to be ambassador-at-large-cyberspace and digital policy as part of a larger business meeting. Fick drew a positive reception from the committee during his August confirmation hearing (see 2208030065). Foreign Relations will begin the meeting at 2:30 p.m. in the Capitol Room S-116.