The year since Privacy Shield was annulled had encouraging developments, speakers told a Wednesday Information Technology Industry Council webinar. Since the European Court of Justice's (ECJ) July 16 ruling to void the trans-Atlantic personal data transfer mechanism in Schrems II (see Ref:2007160002]), the European Commission deemed negotiating a successor with the U.S. a top priority, said Bruno Gencarelli, head of unit-international data flows and protection, Directorate General-Justice. Talks intensified after President Joe Biden's trip to Brussels in June, and both sides agree a doable solution must be based on the ECJ ruling and there's no shortcut, he said. Principles being discussed include access to U.S. courts for European citizens and limits on excessive government access to personal data. One "surprising" recent development was increased demand for international data protection standards, Gencarelli said. The EC is working more closely with other regional blocs such as the Association of Southeast Asian Nations, talks that could create a "critical mass" of principles. The Organisation for Economic Co-operation and Development began a process to identify safeguards shared by OECD members for government access to personal data, he said. The post-Schrems II year has been "reactive" as everyone tried to come to grips with the ruling, said Centre for Information Policy Leadership President Bojana Bellamy. She urged both sides to "negotiate to yes" by focusing not on a 50-50 compromise but on understanding each other's concerns and adjusting positions accordingly. Positive engagement between stakeholders and regulators led to a better place but "we all know the enforcement is coming," said Caitlin Fennessy, International Association of Privacy Professionals research director. Some European data protection authorities question aspects of trans-Atlantic data flows, and businesses face uncertainty. One sticking point is redress for Europeans whose data is misused in the U.S. EU law requires such a right, but under U.S. law it's difficult for people outside the country to gain standing, said Alston & Bird's Peter Swire. A binding solution could come from a presidential executive statement ordering intelligence agencies take certain actions, he said. Gencarelli cautioned that for the EC, whether legislation or executive action is needed is secondary to complying with ECJ requirements. He said it's wrong to think OECD work will replace PS. ITI, the Computer & Communications Industry Association and other tech organizations urged Commerce Secretary Gina Raimondo and EU Justice Commissioner Didier Reynders to "swiftly ensure an agreement for secure transatlantic data flows."

The House Appropriations Committee passed 33-24 the FY 2022 Homeland Security funding bill Tuesday. The committee approved the $52.8 billion budget, an increase of $934 million from 2021, $1.9 billion of it for the Department of Homeland Security's Cybersecurity and Infrastructure Security Agency.

Senate Democrats are eyeing “options” for fully funding two tiers of infrastructure legislation, Majority Leader Chuck Schumer of New York told reporters after the Democratic Caucus’ Tuesday meeting. Sen. Joe Manchin of West Virginia earlier told reporters he wants fellow Democrats to prove they can fully pay for a bipartisan infrastructure package that includes $65 billion for broadband (see 2106240070) and a second measure party members believe they can advance without GOP support. “We’ve put enough free money out” already via COVID-19 aid measures, Manchin said. Senate Communications Subcommittee ranking member John Thune of South Dakota and other Republicans noted Congressional Budget Office scoring of the bipartisan proposal could affect whether enough of that party’s members support invoking cloture on the plan. Backers of the bipartisan proposal and Democratic reconciliation package were expected to have met Tuesday night to assemble the legislation. Senior Fellow Andrew Long repeated Free State Foundation criticisms (see 2106180057) of the Broadband Reform and Investment to Drive Growth in the Economy Act (S-2071), a measure seen as a likely component of the bipartisan framework. S-2071 “unapologetically rejects the power of competition and the efficient operation of marketplace forces in favor of a backwards-looking public utility model,” Long said.

Senate lawmakers are “getting closer” to turning a bipartisan infrastructure legislative framework President Joe Biden backed in late June “into legislation,” Majority Leader Chuck Schumer, D-N.Y., said on the floor Monday. “We are making very good progress towards that goal.” The framework would allocate $65 billion for broadband (see 2106240070).

The FTC and DOJ should investigate how Amazon's “search and sponsorship algorithms may be misleading customers” seeking FDA-authorized products during the pandemic, Sen. Elizabeth Warren, D-Mass., wrote in a letter disclosed Monday. She urged the agencies to use authority granted by the COVID-19 Consumer Protection Act to probe how Amazon is promoting sponsored products like masks that aren’t FDA-authorized even when customers search for FDA-approved products. The agencies and company didn’t comment.

Chip group Semi and tech foundation Mitre Engenuity seek feedback from industry rank and file on challenges facing the sector as the U.S. prepares to provide funding and innovation incentives to help chipmakers better compete with China. The survey sponsors said they want to ensure government funding is “spent wisely” and “put to optimal use.” Information shared will be reported in “non-identifiable form.” The survey closes July 20.

The Communications Workers of America and Incompas launched lobbying on Thursday on a broadband title in coming infrastructure legislation (see 2107080066). CWA wants to bar companies receiving federal broadband money from interfering with union organizing and from hiring subcontractors for connectivity projects to avoid collective bargaining. Incompas and its BroadLand campaign released videos backing the Broadband Reform and Investment to Drive Growth in the Economy Act. S-2071, believed to form part of the basis for the $65 billion broadband component of a bipartisan infrastructure package President Joe Biden backed in June (see 2106290066), would allocate $40 billion for connectivity. The videos feature lead S-2071 sponsors Sens. Michael Bennet, D-Colo., and Angus King, I-Maine.

Federal and state broadband legislation will be “effective” only if it simultaneously addresses “access, affordability and adoption” barriers, the Institute for Local Self-Reliance’s Community Broadband Networks Initiative reported. Federal and state governments “should actively work to promote investment in areas that need it by allocating funds to build reliable broadband infrastructure, even if an existing provider may claim to serve the area,” the paper said. “Governments must take care when they intervene in markets -- but there is no real functioning market for most in broadband Internet access. ... The first step is recognizing that the standard for government intervention has to be based on enterprise and residential needs, not solely on whether the FCC has blindly announced an area is served because a company claimed it was.” Also Wednesday, President Joe Biden promoted the bipartisan infrastructure framework he endorsed last month (see 2106240070). “We’re not going to have 40 weeks of ‘This is infrastructure,’” he said during a speech in Crystal Lake, Illinois, alluding to failed infrastructure legislative efforts during Donald Trump’s administration. The deal got support from the bipartisan House Problem Solvers Caucus. Senate Minority Leader Mitch McConnell of Kentucky and some other Republicans have misgivings.

Trial courts should expedite antitrust cases against Big Tech, there should be direct appeal to the Supreme Court, and state attorneys general should be empowered, House Judiciary Committee Republicans said Tuesday, releasing a Big Tech agenda. Republicans want a Communications Decency Act Section 230 “overhaul” and for antitrust cases to be consolidated under DOJ. They recommended content moderation decisions be listed on a public website.

The FTC should continue pursuing its antitrust case against Facebook, party leaders of the Senate and House Antitrust Subcommittees wrote the agency Friday. Senate Antitrust Chair Amy Klobuchar, D-Minn., wrote the letter with ranking member Mike Lee, R-Utah; House Antitrust Chairman David Cicilline, D-R.I.; and House Antitrust ranking member Ken Buck, R-Colo. They cited U.S. District Judge James Boasberg's comments in his recent dismissal of the FTC’s complaint against the company (see 2106280057). “As the Judge himself noted, the federal antitrust agencies rarely bring antitrust cases against Big Tech -- an approach that has resulted in the overwhelming consolidation of power in the hands of a few digital platforms, including Facebook,” they wrote. The agency declined comment.