Bipartisan, bicameral legislation that would ban large online platforms from using deceptive designs “to trick consumers” into sharing personal data got additional support, sponsors said Wednesday. Introduced by Senate Intelligence Committee Chairman Mark Warner, D-Va.; Sens. Deb Fischer, R-Neb.; Amy Klobuchar, D-Minn.; and John Thune, R-S.D.; and Reps. Anthony Gonzalez, R-Ohio, and Lisa Blunt Rochester, D-Del., the Deceptive Experiences to Online Users Reduction (Detour) Act (see 2112080043) attempts to address dark patterns, or interfaces used to “manipulate users into taking actions they would otherwise not.” Fairplay, the American Psychological Association and the Center for Countering Digital Hate support the bill. Mozilla, Common Sense and the Center for Digital Democracy previously announced support.
Google parent Alphabet CEO Sundar Pichai and leaders of 122 other entities with stakes in increasing semiconductor manufacturing wrote House and Senate leaders Wednesday urging Congress to “act urgently to achieve a bipartisan, bicameral compromise on competitiveness legislation and send a bill to” President Joe Biden. A conference committee has been negotiating how to marry elements of the House-passed America Creating Opportunities for Manufacturing, Pre-Eminence in Technology and Economic Strength Act (HR-4521) and Senate-passed U.S. Innovation and Competition Act (S-1260). Both measures include $52 billion in subsidies to encourage U.S.-based semiconductor manufacturing (see 2201260062) but differ in other areas. “The rest of the world is not waiting for the U.S. to act. Our global competitors are investing in their industry, their workers, and their economies, and it is imperative that Congress act to enhance U.S. competitiveness,” the executives said in a letter to House Speaker Nancy Pelosi, D-Calif., Senate Majority Leader Chuck Schumer, D-N.Y., and their GOP counterparts. “We call on Congress to act promptly to achieve a bipartisan agreement that can be passed and signed into law. Now is the time for Congress to complete its work on this important bill.” The Semiconductor Industry Association “joins U.S. business leaders in calling on Congress to swiftly pass competitiveness legislation that includes critical funding and incentives for domestic semiconductor research, design, and manufacturing,” said President John Neuffer. “Federal investment in the U.S. semiconductor ecosystem will ensure the U.S. continues to lead in the critical sectors of tomorrow, while also creating hundreds of thousands of high-paying American jobs, strengthening our economy, and securing our supply chains for decades to come.”
The Senate should hold another hearing with Homeland Security Secretary Alejandro Mayorkas to discuss his “misleading” testimony about DHS’ Disinformation Governance Board (see 2205230046), Senate Republicans wrote Senate Homeland Security Committee Chairman Gary Peters, D-Mich., Tuesday. Documents reviewed by Sens. Chuck Grassley, R-Iowa, and Josh Hawley, R-Mo., contradict testimony from Mayorkas about the nature and scope of the board, Republicans wrote. Grassley and Hawley sent the letter with ranking member Rob Portman, R-Ohio, and Sens. Ron Johnson, R-Wis.; Rand Paul, R-Ky.; James Lankford, R-Okla.; Mitt Romney, R-Utah; and Rick Scott, R-Fla. Talking points prepared by the board’s former executive director Nina Jankowicz show that despite testimony to the contrary, DHS monitors U.S. citizens and the board’s work is “concentrated on domestic threats,” they wrote.
The House Appropriations Financial Services Subcommittee plans a Thursday markup of its FY 2023 funding bill, which will include money for the FCC and FTC. The subcommittee hadn’t released its proposal Monday afternoon. The markup session will begin at 11 a.m. in 2359 Rayburn. President Joe Biden proposed in March giving the FCC $390 million, up 2.3% from what Congress appropriated in FY 2022. Biden wants to give the FTC $490 million in FY23, up 30% from what the agency got for FY22 (see 2203280069).
Congress needs to pass antitrust legislation this month (see 2206070059), said Senate Antitrust Subcommittee Chair Amy Klobuchar, D-Minn., and bill co-sponsors during a news conference Wednesday. July 4 is a good cut-off date for when the Senate should vote, she said. “I hope we get the opportunity this month, not next month, not after the August recess,” said House Antitrust Subcommittee ranking member Ken Buck, R-Colo. “We all know what happens after the August recess. This bill has to pass in June.” Big Tech doesn’t want competition online, said House Antitrust Subcommittee Chairman David Cicilline, D-R.I. He noted the enormous resources Big Tech is spending to kill the legislation and protect its monopoly profits. Industry has spent tens of millions on advertising campaigns that spread falsehoods about the bills, said Sen. Chuck Grassley, R-Iowa.
Expect the Senate to vote soon on legislation that would end Big Tech self-preferencing, Sen. Amy Klobuchar, D-Minn., told MSNBC Tuesday. She noted Senate Majority Leader Chuck Schumer, D-N.Y., “promised a vote” on the American Innovation and Choice Online Act (S. 2992/HR-3816) (see 2204270025) in the “early summer.” The vote “should be coming up quite soon,” she said. Several Democrats are delaying passage of the bill and the Open App Markets Act (S-2710) (see 2204150040), said Fight for the Future in a new campaign. The organization accused five Democrats of being “shills” for Big Tech: Brian Schatz of Hawaii; Dianne Feinstein and Alex Padilla of California; Margaret Hassan of New Hampshire; and Michael Bennet of Colorado. Their offices didn’t comment.
The House Consumer Protection Subcommittee scheduled a hearing on bipartisan draft privacy legislation June 14, the House Commerce Committee announced Tuesday (see 2206030058). The hybrid hearing on the American Data Privacy and Protection Act is set for 10:30 a.m. in 2123 Rayburn. “We look forward to hearing from consumer privacy leaders as we work to finalize this important legislation that holds Big Tech accountable, puts consumers back in control of their data, and protects their privacy,” Chairman Frank Pallone, D-N.J., said in a joint statement with House Consumer Protection Subcommittee Chair Jan Schakowsky, D-Ill.
House Commerce Committee member Rep. Debbie Dingell, D-Mich., Tuesday emphasized the importance of addressing rumors about potential RF health effects of 5G and highlighting the technology’s benefits. “We’re going to do a better job of talking about why this next generation is so much better than that it’s not a threat to them,” Dingell during a Punchbowl News event. “We need to tell the benefits of why [5G] matters,” including “how it’s going to help the community more, how it’s going to give their children more access to broadband, how it’s going to help them in their businesses.” It’s “going to be 100 times faster than what they have right now,” Dingell said. She noted major car manufacturers are using 5G tech in their factories: “The use of this new technology increases the efficiency of production and reduces the emissions at that plant. As technology develops, it helps you do your business more efficiently and smartly,” including abating carbon dioxide emissions.
The American Data Privacy and Protection Act discussion draft floated by House Commerce Committee leaders and Senate Commerce Committee ranking member Roger Wicker, R-Miss., drew mixed reaction from Friday into Monday from stakeholders. The proposal directs the FTC to set national rules on what types of data tech companies can collect from users and how they can disseminate it. It would also grant a limited private right of action and preempt many state-level privacy statutes (see 2206030058). “This draft shows that there is a bipartisan path forward on long-overdue legislation to protect consumers’ privacy,” said Center for Democracy and Technology President Alexandra Reeve Givens. “While it’s not perfect, the draft is a hopeful first step.” The group recognizes “that there will be negotiations that require difficult trade-offs, but now is the time for that work to happen,” she said. The Computer & Communications Industry Association gave a tepid response that didn’t point to specific elements of the Wicker-House Commerce draft. “Internet traffic crosses state and international boundaries and internet users need basic protections to travel with them,” said CCIA President Matt Schruers. “Strong baseline privacy protections are key to consumer trust and we appreciate members of Congress working toward this goal.” The 21st Century Privacy Coalition “appreciates the discussion draft’s efforts to achieve a comprehensive national privacy effort” and looks “forward to reviewing the bill in detail and providing feedback. However, we are concerned about the bill’s failure to include certain communications services in the comprehensive framework.”
Broadcast advocate Preston Padden, a vocal supporter of FCC nominee Gigi Sohn, criticized Comcast Friday for “egregious” lobbying against her confirmation. Sohn’s confirmation process remains stalled as three Senate Democrats -- Catherine Cortez Masto of Nevada, Mark Kelly of Arizona and Joe Manchin of West Virginia -- remain undecided on the nominee (see 2205110050). “Comcast is a company with impeccable Democrat credentials,” but that makes its “extremely targeted campaign against” Sohn “harder to accept,” Padden said. He noted the company’s hiring of Larry Puccio, a former top aide to Manchin when he was West Virginia’s governor, and Consilium Consulting’s Kirk Adams, saying they were hired to lobby Manchin and other moderate Senate Democrats against Sohn. “One Democrat leaning company should not be able to block President Biden’s FCC nominee with micro-targeted lobbying hits,” Padden said. Comcast didn’t comment. Free Press, meanwhile, noted Saturday would “mark 500 days during the Biden administration without a full-strength, five-member” FCC.