Sen. Brian Schatz, D-Hawaii, said the FCC is on the right track in targeting robotext scams, the focus of a recent NPRM (see 2212120029). “Robotexts are a particularly dangerous avenue for scams and fraud, costing the American people more than $131 million in 2021 alone,” Schatz said in a letter to Chairwoman Jessica Rosenworcel, posted Wednesday in docket 21-402. “The FCC must do everything in its power to protect the public from robotext scams,” he said. The proposals in the NPRM “are the types of steps we need in continuing to battle robotext scams,” Schatz said: “By building on your work countering robocalls, you can ensure that no one ever receives texts from numbers that are invalid, unallocated, unused, or on a Do-Not-Originate (DNO) list. Texts from these numbers are surely illegal or unwanted, and it makes sense that mobile wireless carriers should block them. Similarly, you can close the door to scammers spoofing legitimate numbers by ensuring robust ID authentication for text messages, similar to the protocol used for phone calls.”

A bipartisan group of senators introduced legislation Wednesday to increase transparency into social media companies’ internal data. Introduced by Sens. Rob Portman, R-Ohio; Chris Coons, D-Del.; Bill Cassidy, R-La.; and Amy Klobuchar, D-Minn., the Platform Accountability and Transparency Act (PATA) would require social media companies to deliver internal data to independent researchers. The researchers’ proposals would be subject to review and approval from the National Science Foundation. Companies that fail to comply would face FTC enforcement and potential loss of liability protection under Communications Decency Act Section 230, sponsors said. Platforms would be required to maintain a comprehensive ad library, content moderation statistics, data about viral content, and information about platforms’ algorithm rankings and recommendations.

The omnibus spending package includes a provision that establishes a national standard for the FTC and states verifying high-volume third party sellers on online platforms, the House Commerce Committee confirmed Tuesday. Chairman Frank Pallone, D-N.J., and House Consumer Protection Subcommittee Chair Jan Schakowsky, D-Ill., welcomed a provision that allows consumers to obtain “basic identification and contact information for certain sellers.” Schakowsky authored the provision with House Consumer Protection Subcommittee ranking member Gus Bilirakis, R-Fla. Another provision in the package directs the FTC to report on “cross-border complaints received that involve ransomware or other cyber-related attacks committed” by certain foreign entities, focusing specifically on Russia, China, North Korea and Iran. Schakowsky and Bilirakis authored the language.

Kids’ privacy and antitrust provisions targeting Big Tech didn’t make it into Congress’ must-pass omnibus spending bill, Sens. Richard Blumenthal, D-Conn., and Ed Markey, D-Mass., confirmed Tuesday. Blumenthal lamented the failure to include the Kids Online Safety Act (see 2211160078), which he introduced with Sen. Marsha Blackburn, R-Tenn., and the Open App Markets Act, which he filed with Blackburn, Senate Antitrust Subcommittee Chair Amy Klobuchar, D-Minn., and House Antitrust Subcommittee Chair David Cicilline, D-R.I. Big Tech “sabotaged” both efforts throughout the legislative session by spending millions on misinformation campaigns, said Blumenthal: “People know the tech platforms they use are broken, toxic, & treacherous. Leaving them frustrated & teetering at the edge of dark rabbit holes -- often careening into the abyss & destroying young lives.” Markey expressed disappointment about the Children and Teens’ Online Privacy Protection Act (COPPA 2.0) not making it into the package, but he celebrated the inclusion of the Children and Media Research Advancement (CAMRA) Act (see 1908220057). The CAMRA Act “will empower young people and their parents with the knowledge -- and in turn, the power -- to advocate for their health and safety, as Big Tech continues to prey on the time, attention, and privacy of our nation’s youth,” he said.

Sen. Mike Lee, R-Utah, said Wednesday he filed the Interstate Obscenity Definition Act in a bid to create a "national definition of obscenity that would apply to obscene content transmitted via interstate or foreign communications." The measure aims to replace the Supreme Court's Miller v. California obscenity definition test, which Lee's office claims poses challenges because of widespread internet use. Lee's bill would define obscenity in the context of the Communications Act as content that "taken as a whole, appeals to the prurient interest in nudity, sex, or excretion," depicts, describes or represents "actual or simulated sexual acts with the objective intent to arouse, titillate, or gratify the sexual desires of a person" and "taken as a whole, lacks serious literary, artistic, political, or scientific value." The legislation would also remove the Communications Act's “intent” requirement that prohibits the transmission of obscenity only for the purposes abusing, threatening or harassing a person.

Bipartisan legislation announced Thursday would direct DOJ to launch tech-focused programs to combat domestic abuse. Introduced by Sen. Ron Wyden, D-Ore., and Reps. Anna Eshoo, D-Calif., and Debbie Lesko, R-Ariz., the Tech Safety for Victims of Domestic Violence, Dating Violence, Sexual Assault and Stalking Act would authorize a pilot project run by DOJ’s Office on Violence Against Women. The bill targets activity on social media and mobile apps. The pilot program would provide $2 million in grants for “up to 15 clinics and other partnerships providing support to sexual and domestic violence victims who are experiencing technology-enabled abuse,” Wyden’s office said. It would establish an additional DOJ grant program for “nonprofit organizations and institutions of higher education to develop and implement training and educational programs and technical assistance for organizations and individuals who provide support for victims of tech-enabled abuse.”

The Senate unanimously passed legislation Wednesday evening that would ban TikTok on federal government devices (see 2212130068). Introduced in April 2021 by Sens. Josh Hawley, R-Mo.; Rick Scott, R-Fla.; Marco Rubio, R-Fla.; and Tom Cotton, R-Ark., the No TikTok on Government Devices Act (S-3455) also passed the Senate unanimously last year. Hawley urged swift passage in both chambers. TikTok said in a statement Hawley’s bill “does nothing to advance U.S. national security interests. We hope that rather than continuing down that road, he will urge the Administration to move forward on an agreement that would actually address his concerns.”

Republican legislation announced in the Senate Wednesday would direct the FCC to issue a rule requiring commercial porn sites to “adopt age verification technology” and ensure minors can’t access their content. Introduced by Sen. Mike Lee, R-Utah, the Shielding Children's Retinas from Egregious Exposure on the Net (Screen) Act grants the FCC civil penalty and injunctive relief authority to enforce the rule. It allows companies a 30-day right to cure to avoid enforcement action. Websites would be allowed to choose their verification methods as long as they meet FCC standards in the rule.

Senate Appropriations Financial Services Subcommittee Chairman Chris Van Hollen, D-Md., urged the FCC to “seriously consider the concerns raised by respondents about a GeoBroadcast Solutions’ proposal to modify the commission’s FM booster rules to allow geotargeted ZoneCasting radio broadcasts “and work to address and resolve them to the satisfaction of all parties before any modification” occurs. A dozen House Commerce Committee members (see 2210050058) and Sens. Richard Blumenthal, D-Conn., and Ben Cardin, D-Md., also wrote the FCC with concerns about the ZoneCasting proposal. ZoneCasting “would allow radio stations to geotarget programming, including emergency alerts, news, and advertising, to different areas and communities,” Van Hollen said in a letter to FCC Chairwoman Jessica Rosenworcel that NAB released Wednesday. “Because radio stations operate under licenses that require them to broadcast to a specific geographic area, ZoneCasting would create a new regime where advertisers and stations could pick and choose who hears different types of information and solicitations. And because most radio play occurs while listeners are traveling by car, with ZoneCasting, listeners could hear varying content as they drove around a single region, for example, through Maryland, Washington, D.C., and Virginia, as many do regularly during a single trip.” Opponents have warned the FCC in comments “that the hyper-targeted messaging ZoneCasting enables could reduce the effectiveness of emergency alert systems, exacerbate racial inequity by restricting content and advertising, and undermine the overall economic ecosystem of the broadcast industry, specifically disadvantaging small and minority-owned radio stations,” Van Hollen said: “The limited testing of the technology, which has led to uncertainty about the degree of disruption to listeners and stations from signal interference, is also noteworthy. Despite the voluntary nature of the proposed change, this new technology would be an added expense for radio stations to acquire and maintain.” The FCC didn’t comment.

The National Treasury Employees Union, which represents FCC employees, urged lawmakers Monday to either pass another continuing resolution to extend federal funding past Friday or enact FY 2023 appropriations legislation. Telecom-focused Hill leaders are eyeing whether an FY23 appropriations omnibus package can include broad spectrum legislative language and funding for two major priorities: the FCC’s Secure and Trusted Communications Networks Reimbursement Program and next-generation 911 tech upgrades (see 2212070068). “NTEU and the employees we represent are grateful that congressional leaders say they are determined to avoid a shutdown, and we hope an agreement on funding can be reached quickly,” said National President Tony Reardon. “However, it wasn’t that long ago when an impasse forced a historic 35-day shutdown over the holidays, and employees who missed two consecutive paychecks have definitely not forgotten.” Federal employees “deserve to have the resources and staffing levels necessary to get the job done, which is why we will continue to fight for full-year appropriations that accommodate rising costs, additional mandates, growing workloads and new hiring,” Reardon said.