House Judiciary Committee Chairman Bob Goodlatte's decision to retire at the end of this Congress may increase pressure on Republicans to clear the path for passage of Goodlatte-led copyright and privacy legislation, but his departure likely won't change the long-term trajectory of House Judiciary there, industry officials and lobbyists told us. Goodlatte, R-Va., announced his plans Thursday. He was term-limited from serving again as Judiciary chairman, a role he held since the beginning of 2013. The end of Goodlatte's time as chairman “is a natural stepping-off point,” he said.
The Senate Commerce Committee cleared the Stop Enabling Sex Traffickers Act (S-1693) Wednesday on a unanimous voice vote. Momentum toward a floor vote halted later in the day when Sen. Ron Wyden, D-Ore., placed a hold. Commerce action on SESTA followed a deal announced Friday on a compromise manager's amendment that tightened definitions of what constitutes a “knowing” violation, and clarifying states could bring civil suits in federal court for violations of federal law. The Internet Association championed the compromise but tech startup group Engine and TechFreedom were among remaining foes (see 1711030067 and 1711060064).
Senate Commerce Committee members interspersed bipartisan condemnations Wednesday of Equifax and Yahoo over the companies' major data breaches with a pointed discussion on contours of possible legislation aimed at curbing future incidents. Current and former executives from Equifax and Yahoo got a scolding over inability to prevent the tech break-ins and their responses. Equifax has faced scrutiny in both houses since revealing in September that criminals exploited a website application vulnerability from mid-May through July to access personal information, potentially exposing data of more than 143 million Americans (see 1709080019, 1709260021, 1709270004, 1710030034 and 1710040039). Yahoo, now part of Verizon's Oath, believes all of the 3 billion current and former users of its email service were exposed in a pair of 2013 and 2014 data breaches first disclosed in 2016 (see 1609220046).
Senate Communications Subcommittee ranking member Brian Schatz, D-Hawaii, told us Wednesday he lifted his hold the previous day on now-confirmed NTIA Administrator nominee David Redl after a meeting between the two. That conversation reassured Schatz that Redl wasn't going to reverse his position on the 2016 Internet Assigned Numbers Authority oversight transition. But Redl may not take office for another week or even longer, said industry officials informed about the situation. President Donald Trump must sign the paperwork approved by the Senate before it can be transmitted to the Commerce Department and Redl can be sworn in. Trump is on a 13-day trip to Asia and won’t be back in the U.S. until late next week. NTIA and the White House didn’t comment.
Senate Communications Subcommittee ranking member Brian Schatz, D-Hawaii, told reporters Tuesday he believes his concerns about the deal that led Sen. Ted Cruz, R-Texas, to drop his hold on a confirmation vote on NTIA Administrator nominee David Redl “will be resolved soon, but I don't have anything to announce.” The Senate confirmed Redl later in the day (see 1711070084). Schatz placed a hold on Redl in October so he and other Senate Democrats could get information about the agreement that Redl and President Donald Trump’s administration reached with Cruz (see 1710300028). House Commerce Committee Chairman Greg Walden, R-Ore., and House Communications Subcommittee Chairman Marsha Blackburn, R-Tenn., separately told reporters last week they're concerned about the continued vacancy and its effect on NTIA's agenda.
Ajit Pai’s first 10-plus months as FCC chairman featured contentious public interactions with congressional Democrats and favorable treatment from Republicans. Democratic lawmakers we spoke with insisted their animus overwhelmingly involves the FCC’s policy agenda. At the agency itself, Pai oversees many split votes as he pursues his deregulatory agenda (see 1711070024 and 1711050001).
David Redl won a Senate nod to become the next NTIA head.
Senate Commerce Committee Chairman John Thune, R-S.D., ranking member Bill Nelson, D-Fla., Sen. Richard Blumenthal, D-Conn., and four sponsors of the Stop Enabling Sex Traffickers Act (S-1693) reached an agreement Friday on a compromise version of the bill, drawing support from the Internet Association. The compromise amendment, a substitute for the original bill, would clarify S-1693's intent amid criticism from several public interest and tech sector groups. The language makes clear “that all criminal charges are based on a violation of the federal human trafficking law so that there is a uniform standard,” the senators said in a news release. It also clarifies “the definition of 'participating in a venture' and [ensures] the standard for liability remains 'knowingly' for websites that are assisting, supporting, or facilitating sex trafficking.” It would also permit “state attorneys general to bring a civil action against those who violate the federal human trafficking law on behalf of a state’s residents in federal court,” the senators said. S-1693 lead sponsor Sen. Rob Portman, R-Ohio and three other sponsors -- Sens. Heidi Heitkamp, D-N.D., John McCain, R-Ariz., and Claire McCaskill, D-Mo. -- also signed off on the amendment. IA now “supports” S-1693 following changes that “will grant victims the ability to secure the justice they deserve, allow internet platforms to continue their work combating human trafficking, and protect good actors in the ecosystem,” said CEO Michael Beckerman in a statement. IA General Counsel Abigail Slater criticized some elements of the original bill during a September Senate Commerce hearing (see 1709190065). Some other tech groups continued to oppose S-1693 at our deadline.
The House Judiciary Antitrust Law Subcommittee's hearing last week on the role the FTC and DOJ can play in net neutrality is unlikely to be the subcommittee's last action on the issue in this Congress, whether or not panel Republicans advance possible legislation, lawmakers and lobbyists told us. Full Committee Chairman Bob Goodlatte, R-Va., and other Republicans expressed interest in net neutrality legislation aimed at restoring and bolstering the FTC's role on the issue, but Democrats opposed the idea (see 1711010052). House Antitrust lawmakers noted they aren't opposed to pursuing other antitrust issues in the tech and telecom sectors -- a possibility several industry lobbyists tipped given the pressure that top internet companies faced elsewhere on Capitol Hill last week to provide more transparency in online political advertisements (see 1710310061 and 1711020001).
Chairman Ajit Pai told nine House Democrats in letters released Wednesday that during his chairmanship, FCC “review of any broadcast license renewal or broadcast license transfer application will not be impacted by political pressure from the Executive Branch.” House Commerce Committee ranking member Frank Pallone, D-N.J., House Communications Subcommittee ranking member Mike Doyle, D-Pa., and seven other Democrats wrote Pai in recent months about President Donald Trump's recent comments threatening to challenge NBC licenses. Trump's comments and its First Amendment implications were a dominant topic during a House Communications FCC oversight hearing last week (see 1710250050). Doyle, Pallone and Rep. Anna Eshoo, D-Calif., also called on the FCC in September to investigate reports Russian government-owned radio network Sputnik broadcast propaganda over U.S. airwaves in a bid to influence elections, including the 2016 presidential contest (see 1709180054). Pai told Pallone and others he committed in March to Senate Commerce Committee Democrats “that I would inform them and the public if there were any attempt by the Executive Branch to influence my decision-making with respect to any media interests with the FCC's jurisdiction, a commitment that clearly includes broadcast license renewal and transfer applications. I am happy to expand that commitment to include informing you as well.” Pai separately told Eshoo that “the FCC under my leadership has protected and will continue to protect the First Amendment. Moreover, I have made clear that the FCC does not have the authority to revoke a license of a broadcast station based on the content of a particular newscast.”