Karl Herchenroeder

DOJ and 14 state attorneys general offices discussed “ways the department and state governments can most effectively safeguard consumers using online digital platforms,” Justice said. The topic of the Tuesday meeting evolved over time (see 1809210047), after President Donald Trump attacked online platforms for alleged conservative bias and threatened antitrust action. “The discussion principally focused on consumer protection and data privacy issues,” Justice said. Those attending included Attorney General Jeff Sessions, Deputy AG Rod Rosenstein, Acting Associate AG Jesse Panuccio and Assistant AG Makan Delrahim. State officials included Alabama AG Steve Marshall, California AG Xavier Becerra, District of Columbia AG Karl Racine, Maryland AG Brian Frosh and Mississippi AG Jim Hood, all Democrats, and Louisiana AG Jeff Landry, Nebraska AG Doug Peterson, Tennessee AG Herbert Slatery and Utah AG Sean Reyes, all Republicans. AG offices from Arkansas, Arizona, Missouri, Texas and Washington sent staff. A federal probe of online platforms would be “inappropriate, undermine the free speech rights of tech platforms and ultimately do a disservice to consumers,” the Information Technology and Innovation Foundation wrote in USA Today. “These businesses have no incentive to inject bias in their platforms, because consumers across the political spectrum use social media and discriminating against any of them could drive people away,” wrote ITIF Vice President Daniel Castro and Research Assistant Michael McLaughlin. Delrahim at a separate appearance Tuesday on antitrust efforts committed Justice to “accelerating the pace of merger review consistent with enforcing the law because we believe that doing so is good for American consumers and taxpayers.”

The Senate Commerce Committee’s privacy hearing Wednesday (see 1809200050) is a good opportunity for prominent platforms to weigh potential federal legislation, Chairman John Thune, R-S.D., told us Monday. Asked about committee criticism for its all-industry witness list, Thune looked forward to listening to privacy groups at a future hearing. Representatives from Google, Twitter, Apple, Amazon, AT&T and Charter Communications will testify Wednesday (see 1809120036).

Craig Newmark is in contact with Facebook, Google and Twitter about The Markup, an investigative journalism platform that will use data science to cover big tech, the Craigslist founder said Monday. Newmark, who won't have an editorial role in the new venture, contributed $20 million, and it's headed in part by ex-ProPublica journalists. Newmark said at the National Press Club that he's working “quietly and diplomatically,” talking to online platform representatives, platform critics and reporters, “to make sure everyone plays well together.” Asked if representatives from Facebook, Google and Twitter are involved in discussions, Newmark said, “It involves everyone.” The event’s moderator noted a New York Times article on the new venture describes concerns that The Markup’s data collection practices might violate platform terms of service. “Getting to the truth” often requires data science, Newmark said. There’s a lot of conjecture about tech platforms, and “we need something real,” he said. Journalism is in “crisis,” he said, suggesting The Markup adopt values that are in line with The Trust Project, a media company collaboration aimed at creating more trust in the press. Asked about platform bias, given claims coming from the White House and conservative lawmakers, Newmark said he's more interested in the details of platform terms of service and whether companies are upholding promises. He backed more enforcement to hold platforms accountable. Newmark also suggested consumers should have a certain level of “media literacy,” the ability to sniff out when a news story is “fake.” National Religious Broadcasters CEO Jerry Jones warned big tech platforms Friday there will be calls to re-examine Section 230 of the Communications Decency Act if platform bias isn't addressed this year.

California Attorney General Xavier Becerra (D) is planning on DOJ holding its Tuesday meeting in Washington, D.C., to discuss tech industry issues (see 1809140033 and 1809110041), an official said Friday, despite a report Justice was considering delaying the event. DOJ didn’t comment. A spokesperson for Iowa AG Tom Miller (D), who declined to attend, said her understanding was that the National Association of Attorneys General proposed Justice reschedule the meeting to coincide with an NAAG event Nov. 27-29 in Charleston, South Carolina, but DOJ rejected the idea. An NAAG spokesperson directed questions to individual AG offices. Iowa cited a scheduling conflict and “the lack of an agenda” in declining DOJ’s invite. “We’d be interested in a substantive, bipartisan discussion in which all states were invited,” the spokesperson said. Seven offices for various states AGs told us they are either interested in or will attend Tuesday's meeting. Seven other offices told us they aren’t attending. Justice sent invites to at least 24 AGs. We’ve contacted all 50 state law enforcements chiefs multiple times. Law enforcement chiefs in Texas (R), Louisiana (R) and California (D) said they plan to attend, though they didn't confirm if they are sending the AG or representatives. A spokesperson for Arizona' Mark Brnovich (R) said he's unable to attend, but the office will send staff. Offices in Nebraska (R), Washington (D) and Wisconsin (R) said they were invited. Law enforcement chiefs in Ohio (R), North Dakota (R), Arkansas (R) and North Carolina (D) said they won’t attend due to scheduling conflicts. Democrats in New York and Massachusetts said they aren’t interested. Ten offices told us there weren't invited: Colorado (R), Connecticut (D), Delaware (D), Hawaii (D), Iowa (D), New Hampshire (R), Ohio (R), Oklahoma (R), Oregon (D) and Rhode Island (D). The office for Tennessee's Herbert Slatery (R) directed questions to DOJ. Justice’s inquiry into tech company bias is “misguided,” several groups wrote the department Friday. TechFreedom, Engine Advocacy and Information Technology and Innovation Foundation were among those expressing skepticism the DOJ inquiry will produce any legal action, since the First Amendment bars government from attempting to correct political bias, including through antitrust.

EU antitrust enforcers have different standards, but monitoring their activity helps U.S. regulators decide if changes are needed here, FTC Commissioner Rebecca Kelly Slaughter said Friday during the agency’s second round of hearings on antitrust and consumer protection policy (see 1809130057). She cited Chairman Joe Simons’ call for regulators to keep an open mind as the agency fields policy suggestions through this year.

President Donald Trump signed a national cyber strategy to coordinate defensive and offensive activities, National Security Adviser John Bolton said Thursday. The strategy was finalized in connection with rescinding an Obama-era directive requiring interagency coordination on offensive U.S. cyberattacks. Bolton called the reversal a warning sign for adversaries like China, Russia, Iran and North Korea. It's the first “fully articulated cyber strategy in 15 years,” Bolton said. Presidential policy directive 20, in 2012 by President Barack Obama, established an interagency framework for approving U.S. cyberattacks. The administration eliminated that directive several weeks ago, Bolton told reporters. The U.S. no longer has its hands tied, he said: “We’re going to do a lot of things offensively, and I think our adversaries need to know that. ... We’re not just on defense as we have been primarily.” U.S. Cyber Commander Paul Nakasone, Homeland Security Secretary Kirstjen Nielsen, Director of National Intelligence Dan Coats and FBI Director Christopher Wray agreed on the change Bolton said. The new plan recognizes public and private sectors have struggled to secure systems, said Bolton. Overcoming those challenges will require technical advances and a thriving tech sector, Bolton added. He cited the WannaCry cyberattack and a recent attack against Atlanta as evidence threats aren't going away. The 2015 Office of Personnel Management data breach is one type of attack the U.S. is looking to deter, Bolton said. Asked about the administration eliminating the top cyber policy adviser position (see 1805160046), Bolton said he inherited a duplicative staffing structure. Numerous senior directors -- for defense and intelligence, for example -- don't have coordinators, he said. The strategy emphasizes “promoting American prosperity,” “preserving peace through strength,” “advancing American influence” and securing a “cyber future.” It's an extension of Trump’s May 2017 cybersecurity executive order, the White House said. DOD said Tuesday the U.S. needs to collect intelligence in cyberspace to combat malicious efforts by China and Russia, which pose an unacceptable risk to the U.S. North Korea and Iran pose similar threats, officials said.

Rep. Doug Collins, R-Ga., author of music copyright legislation that passed the Senate Tuesday (see 1809180057), anticipates the bill will get unanimous support in the House, his aide told us Wednesday. “We expect the House to greet the amended bill with the same support that has already seen it through both chambers with unanimous votes.”

Sens. Ron Wyden, D-Ore., and Chris Coons, D-Del., crafted another last-minute compromise on music copyright legislation that could clear the way for fast-track unanimous consent consideration (see 1809170050). They will introduce a bill to be included in the final version of the Music Modernization Act, replacing the Classics Act portion Wyden opposed. That's according to documents we obtained.

Utah Attorney General Sean Reyes (R) and North Carolina AG Josh Stein (D) were invited to DOJ’s Sept. 25 meeting on social media concerns, their offices told us Monday (see 1809140033). Stein won't attend, a spokeswoman said, citing a full schedule that day. Reyes is still deciding.

Expect a request to “hotline” Senate music copyright legislation this week in an effort to allow unanimous consent consideration on the floor, industry representatives told us Monday. Sen. Orrin Hatch, R-Utah, told us he supports hotlining his Music Modernization Act (see 1808170046).