The compulsory license that enables satellite operators to import distant broadcast TV network programming without negotiating with local broadcasters should expire, Register of Copyrights Karyn Temple told the House Judiciary Committee Wednesday. The Copyright Office believes the Section 119 license is only necessary if there’s market failure, and that’s not the case, she testified. The license is to expire Dec. 31, with the Satellite Television Extension and Localism Act up for renewal.
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 FTC should penalize Google for allegedly violating the children’s privacy law (see 1906190045), Sen. Ed Markey, D-Mass., and consumer groups wrote the agency separately Tuesday. Markey urged the agency to halt Google’s data collection of users under 13 and to delete all related data, as a result of alleged Children’s Online Privacy Protection Act infractions. He asked the agency to subject the company to yearly audits and force it to implement mechanisms ensuring the platform follows proper age requirements. He asked the commission to make sure any new Google products aimed at children are reviewed independently for compliance. The Campaign for a Commercial-Free Childhood and Center for Digital Democracy urged similar remedies, in their letter. The groups recommended the FTC make Google “remove all channels in the Parenting and Family lineup, as well as any other YouTube channels and videos directed at children, from YouTube.” An agency spokesperson confirmed receipt of the letters. The company didn’t comment.
House Democrats are drafting legislation that would create a U.S. data privacy agency modeled after the Consumer Financial Protection Bureau, according to documents we obtained. The draft framework for the Online Privacy Act from Reps. Anna Eshoo, D-Calif., and Zoe Lofgren, D-Calif., (see 1902130058) envisions an independent agency within the executive branch. Authorized with $200 million annually and about 1,600 staff, the U.S. Digital Privacy Agency would be led by a director who could issue rules and orders. The draft includes private rights of action for consumers, a sticking point for Republicans negotiating a privacy bill in the Senate. It doesn't address the issue of state pre-emption, another key point of contention. House Consumer Protection Subcommittee Chair Jan Schakowsky, D-Ill., is leading a separate privacy effort for Democrats. Eshoo and Lofgren requested feedback on the draft through July 12. The new agency’s enforcement authority would be “largely based on Title X of the Dodd-Frank Act,” which established CFPB. The draft dictates that maximum civil financial penalties be based on Section 5 of the FTC Act. The agency could carry out investigations, subpoena testimony or documents, issue civil investigative demands and issue cease and desist notices. State attorneys general could bring civil action under the proposal, but the federal government could intervene. The proposal would require breached entities to notify the agency of data incidents within 72 hours. It targets “any entity that collects or processes personal information” and transmits data over an “electronic network,” including broadband providers. Smaller businesses would be exempt: That includes entities that don’t have revenue from personal data sales, get less than half their annual revenue from targeted advertising, have fewer than 500,000 users, have fewer than 200 employees and have revenue under $10 million. The proposal envisions certain exemptions for data collection on cyber incidents, protection against other malicious behavior and law enforcement activity. It includes consumer rights to data access, correction, deletion, portability, human review of automated decisions, the ability to opt out of targeted content and the ability to be informed. Offices for the lawmakers didn’t comment.
Consumers should be able to turn off algorithm filtering that determines the online content they see, Senate Communications Subcommittee Chairman John Thune, R-S.D., said during a hearing Tuesday, announcing legislative efforts. Ranking member Brian Schatz, D-Hawaii, told reporters he likes the concept but suggested it could be folded into the Senate Commerce Committee’s ongoing privacy legislation talks.
Government should verify whether platforms are moderating content fairly, Sen. Josh Hawley, R-Mo., said Thursday in defense of a bill that would dramatically alter the tech industry’s Section 230 immunity (see 1906190047). “Government’s not policing speech [under the new bill],” he told reporters in response to comments from Sen. Ron Wyden, D-Ore. “These companies themselves aren’t speaking. They are moderating others’ content, so they are moderating others’ speech.”
Senate Banking Committee ranking member Sherrod Brown, D-Ohio, expects Facebook to testify July 16 about its Project Libra cryptocurrency plans (see 1906180063). The committee announced the hearing for 10 a.m. in 538 Dirksen without listing witnesses. “We expect them to come before the committee,” Brown told us. “The public should know what they’re going to do before they move ahead with this, for sure.” The company didn’t comment. Brown expects the company to argue Project Libra will fill the needs of customers who can’t operate within the traditional banking system. “I think people around here are not particularly trusting of Facebook to look out for them. They’re going to look out for themselves -- no surprise there.” The committee needs “to review it very carefully,” Chairman Mike Crapo, R-Idaho, said, calling the concept “very intriguing.” It’s important to evaluate whether the appropriate regulatory authorities are in place to ensure proper oversight, Crapo told us. American Enterprise Institute Visiting Fellow Jim Harper noted Libra will be a separate entity from the company, and transaction data won’t be available to advertising systems: “Whatever results from stirring the currency and payments pot is likely to be better than what we have now. We might just end up with a secure, privacy-protective internet of money.” The House Financial Services Committee is also seeking a hearing with Facebook on Libra. Brown said the project raises privacy and data security concerns. The Banking Committee hearing will also focus on data privacy. It's time to get moving on privacy legislation to avoid a patchwork of state laws like in California, Senate Majority Whip John Thune, R-S.D., told reporters Tuesday. “My hope would be that we would be able to mark something up before the August break.” It’s unclear if the Senate Commerce Committee privacy group is nearing a draft proposal, he said. It’s going to take a willingness and acceptance of not “getting everything you want,” he added. “Unfortunately, there are some Democrats who are fine with the California law going into effect, and that isn’t going to be helpful obviously if we’re trying to push this through and have a sense of urgency about it.”
Sen. Josh Hawley, R-Mo., introduced legislation to remove Section 230 immunity for big tech companies unless they prove to the FTC every two years that content removal decisions are politically neutral. The bill drew concern from House Judiciary Committee ranking member Doug Collins, R-Ga., and House Commerce Committee ranking member Greg Walden, R-Ore. They warned against government regulation of speech.
The FAA expects to publish an NPRM for drone remote identification by September (see 1805210045), more than a year after the original deadline for issuing a final rule, said Deputy Associate Administrator-Office of Security and Hazardous Materials Angela Stubblefield. Remote ID would allow authorities to identify unmanned aircraft systems (UAS) through device registration.
No Senate Commerce Committee privacy group meetings are scheduled for the six members (see 1905160021), but staffs continue talking, Senate Majority Whip John Thune, R-S.D., told reporters Thursday. Ranking member Maria Cantwell, D-Wash., said staffs met throughout the week, and she also got together with Chairman Roger Wicker, R-Miss. “I’m hoping we can get that jump-started because the California law kicks in January next year. If we don’t have a national standard in place by then, it’s going to be a free for all with the states," Thune said.
Senate Judiciary Committee Chairman Lindsey Graham, R-S.C., wants to avoid altering Communications Decency Act Section 230, he told us. Several key lawmakers are discussing the possibility of amending tech industry immunity from third-party content liability.