With states moving to collect online sales taxes after the Supreme Court’s Wayfair decision (see 1806210067), Congress will explore collection limitations (see 1806280047), given business implications, lawmakers and observers told us. Sens Jeanne Shaheen, D-N.H., and Ron Wyden, D-Ore., wrote last week to ask the Small Business Administration help businesses cope with the decision. SBA "has begun to review the ruling and will do so by engaging small businesses and stakeholders, including members of Congress," a spokesperson said.
Karl Herchenroeder
Karl Herchenroeder, Associate Editor, is a technology policy journalist for publications including Communications Daily. Born in Rockville, Maryland, he joined the Warren Communications News staff in 2018. He began his journalism career in 2012 at the Aspen Times in Aspen, Colorado, where he covered city government. After that, he covered the nuclear industry for ExchangeMonitor in Washington. You can follow Herchenroeder on Twitter: @karlherk
The Supreme Court’s Carpenter decision will hamper criminal investigations that benefit from location data -- such as serial killer, arson and drug cases -- said a high court litigator Friday. Center for Democracy and Technology Deputy Director-Freedom, Security and Technology Policy Michelle Richardson, another panelist at a Friday event, argued Carpenter provides a road map for contesting future privacy cases involving tech and rejuvenates the legislative push for more privacy protections.
A group of Senate Democrats is preparing a letter to the Small Business Administration asking it to help small companies cope with the Supreme Court’s recent South Dakota v. Wayfair (see 1806210067), Sen. Jeanne Shaheen, D-N.H., told us Thursday. Shaheen joined Sens. Jon Tester, D-Mont.; Ron Wyden, D-Ore.; Jeff Merkley, D-Ore.; and Maggie Hassan (D-N.H.) in introducing a resolution opposing the court decision and the Marketplace Fairness Act. Shaheen said the group planned to have sent the letter Thursday. It’s unclear how states are going to respond, she said, so Congress needs to let things play out initially. That way, lawmakers can decide if Congress should provide some parameters “for what the court decision might mean,” said Shaheen. “I’m concerned about anything that would require small businesses, particularly in states like New Hampshire that have no sales tax, to collect taxes for tens of thousands of localities across the country."
The Senate Judiciary Committee unanimously advanced the Music Modernization Act (S-2823) to the floor (see 1805250036) Thursday, despite concerns from Sens. Ben Sasse, R-Neb., and Ron Wyden, D-Ore., about the Classics Act portion of the MMA. The House unanimously passed the MMA in April (see 1804250078).
Lawmakers would have been better served if the Department of Homeland Security sent an official to testify at a hearing on cellsite simulators, said House Oversight Subcommittee Chairman Ralph Abraham, R-La. DHS, which took the lead on StingRay monitoring (see 1806040046, 1806010056 and 1804180051), declined to testify but provided a written briefing to the subcommittee.
Experts agreed with Rep. Randy Weber, R-Texas, Tuesday that the U.S. would be in a “very bad spot” if American artificial intelligence competitiveness lagged behind China, the EU and others, during a Research and Technology Subcommittee hearing. House Science, Space and Technology Committee Chairman Lamar Smith, R-Texas, said China is investing $7 billion in AI through 2030 and $10 billion in quantum research. The EU is planning a $24 billion public-private investment through 2020, he said. DOD’s “unclassified investment in AI was only $600 million in 2016, while federal spending on quantum totals about $250 million a year,” he said.
Given the dramatic shift toward digital data gathering practices for advertisers, Congress should prioritize transparency and privacy for consumers, members of the House Digital Commerce Committee told us before a Thursday hearing (see 1806080032). “You’re seeing massive change out there in what’s going on. We’re seeing the way people are getting their information is changing, and it’s an ever-changing process,” said Chairman Bob Latta, R-Ohio. “It’s really getting that information [on data practices] out there so people can understand what it is.”
Recent state enforcement activity for digital advertising transparency means Congress could potentially pass S-1989, the Honest Ads Act (see 1805080054) this year, said Sen. Amy Klobuchar, D-Minn. It’s “fascinating” Google announced last week it won’t run political ads in Washington state in response to a lawsuit from Washington Attorney General Bob Ferguson, said the Senate Antitrust Subcommittee ranking member at Tuesday's Open Markets Institute (OMI) event.
Despite the House again passing the Email Privacy Act (HR-387/S-1654) (see 1805250018) via amendment to the National Defense Authorization Act, there are no plans to move the bill with the Senate NDAA, said a spokesman for lead Democratic sponsor Sen. Patrick Leahy of Vermont Monday. Senate Majority Whip John Cornyn, R-Texas, remains opposed to the bill because he says it doesn't go far enough in protecting law enforcement interests.
Facebook CEO Mark Zuckerberg wasn't forthcoming enough when he testified before Congress in April (see 1804100054 and 1804110065), given new revelations about the platform’s data practices (see 1806040055), lawmakers told us. The testimony “might have been technically correct, but it was not comprehensive," said Sen. Mark Warner, D-Va. "I would hope that they would realize more transparency is better, and that’s not been their approach so far."