Senate Homeland Security Committee ranking member Rob Portman, R-Ohio, and Senate Privacy Subcommittee Chairman Chris Coons, D-Del., are gathering information on legislation that would require social media platforms to open their algorithms to independent research, Portman said Thursday.
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
A “substantial increase” in funding for DOJ’s Antitrust Division for FY 2022 is necessary to deal with the “skyrocketing” amount of merger filings, Attorney General Merrick Garland told the Senate Judiciary Committee on Wednesday. DOJ requested a 9% increase in division funding from FY 2021, to $201 million. The department’s 2022 budget request totals about $35.3 billion. The number of division evaluators has decreased, said Garland, calling antitrust a “key focus” for DOJ: “We need help in that regard.” He cited the case against Google’s alleged exclusionary conduct, among other efforts. The number of attorneys in the division is down, and the department “needs an expansion,” he said.
YouTube, TikTok and Snap agreed to share internal research with the Senate Consumer Protection Subcommittee, the companies' representatives told a hearing Tuesday. Chair Richard Blumenthal, D-Conn., told us he’s going to hold them to that promise and use the findings to develop a full picture in pursuit of legislation.
Sen. Tom Cotton, R-Ark., is working with Senate Antitrust Subcommittee Chair Amy Klobuchar, D-Minn., on antitrust legislation, his office told us Monday. They are exploring a bill that could potentially shift the burden of proof from the government to the private sector, forcing companies to prove acquisitions don’t harm competition, said a former antitrust official. The official said Sen. Ted Cruz, R-Texas, is also involved in discussions and Sen. Josh Hawley, R-Mo., is reviewing. “We’re not at a stage where things are concrete enough to accurately share” information, said an aide for Cotton.
The FCC has the “clearest legal authority and expertise” to “fully oversee” ISPs, Chair Lina Khan said during an FTC meeting Thursday. Trade commissioners voted unanimously to release a staff report on ISP privacy practices (see 2110180046), with all four agreeing it revealed important findings about data collection.
Congress should support a bill that would deliver “long overdue” independent research on social media’s impact on child development, said House Health Subcommittee Chair Anna Eshoo, D-Calif., at a hearing Wednesday. Commerce Committee Chairman Frank Pallone, D-N.J., also drew attention to the measure, HR-2161. The Children and Media Research Advancement Act would authorize a National Institutes of Health research program on the effects of tech and media on infants, children and adolescents. There would be $15 million for research 2022-24, and $50 million for 2025-26. The bill was reintroduced in March by Sens. Ed Markey, D-Mass.; Ben Sasse, R-Neb.; Roy Blunt, R-Mo.; Brian Schatz, D-Hawaii; Susan Collins, R-Maine; and Michael Bennet, D-Colo.; and Reps. Jamie Raskin, D-Md.; Anthony Gonzalez, R-Ohio; and Lori Trahan, D-Mass. Microsoft, Amazon, Google, Apple, Facebook, Charter Communications and the Internet Association support the legislation. Social media companies can’t be trusted to “do the right thing” for youth, said Eshoo. The bill would stop tech companies from evading scrutiny about their impact on child development, she said.
Senate Judiciary Committee Chairman Dick Durbin, D-Ill., is looking to advance the discussion on a measure that would prohibit online platforms from self-preferencing their own products (see 2110140068). He told us he’s in discussions with ranking member Chuck Grassley, R-Iowa, and Senate Antitrust Subcommittee Chair Amy Klobuchar, D-Minn., about a legislative hearing for the American Innovation and Choice Online Act. “I’m discussing it with both of them,” said Durbin. “We haven’t made a final decision.”
Lack of transparency on patent ownership is a threat to U.S. competitiveness and national security, said Senate Intellectual Property Subcommittee Chair Patrick Leahy, D-Vt., during a hearing Tuesday. Foreign companies can buy U.S. patents without the public knowing, said Leahy, who introduced legislation with ranking member Thom Tillis, R-N.C. The bill requires patent owners to record updated ownership information with the Patent and Trademark Office when a patent changes hands. Failure to record ownership information would mean entities aren’t allowed to recoup damages for IP ownership. China is an increasing threat on royalties involving 5G technology, laptops, connected cars and semiconductors, said Intel Senior Vice President Allon Stabinsky. He noted only one American company is on the list of top 10 patent holders. China has four, Europe has two and Japan one, he said: This has “profound implications” for American competitiveness, he said. The legislation proposes a reasonable and balanced remedy, said Engine IP Counsel Abby Rives: The patent owner can still seek reasonable royalties and lost profits but would give up the ability to push damages higher during the period the owner failed to disclose the required information.
The FTC study of ISP data collection practices could lead to enforcement or rulemaking proceedings, former agency officials said in interviews before Thursday’s meeting (see 2110140070).
Legislation unveiled Thursday would prohibit online platforms from self-preferencing their own products. Modeled after bipartisan legislation in the House, the American Innovation and Choice Online Act will be introduced by Senate Antitrust Subcommittee Chair Amy Klobuchar, D-Minn., and Senate Judiciary Committee ranking member Chuck Grassley, R-Iowa.