The Senate Commerce Committee will mark up kids’ privacy legislation next week, Chair Maria Cantwell, D-Wash., told us Thursday. The committee passed the Kids Online Safety Act (S-3663) with a 28-0 vote and the Children and Teens’ Online Privacy Protection Act (S-1628) by voice vote in July 2022 (see 2207270057). “It’s been a priority,” said Cantwell. “We passed them out of committee last time, so we’ll probably do that again.” Asked if she’s optimistic about getting floor time this year, she said, “It’ll be up to” Senate Majority Leader Chuck Schumer, D-N.Y. Sen. Ed Markey, D-Mass., author of S-1628, told reporters Thursday: “We’re working hard to remove obstacles. That’s the job for today.” Social media created a “mental health crisis,” he said.

The House Judiciary Committee unanimously voted for the Protect Reporters from Exploitative State Spying Act (HR-4250) Wednesday. The Press Act puts limits on when the government can obtain confidential source information from journalists and their third-party service providers. The bill will protect the sources of broadcast journalists and allow them to “continue this critical work without fear of retaliation,” NAB President Curtis LeGeyt said in a news release. “The bill provides much-needed safeguards to protect the important investigative work of the free press on matters critical to preserving our democracy,” said the News Media Alliance. The bill unanimously passed the House last Congress and was reintroduced by Reps. Kevin Kiley, R-Calif., and Jamie Raskin, D-Md.

Bipartisan legislation introduced Tuesday would direct the Department of Health and Human Services to examine the health security risks associated with AI. Introduced by Sens. Ed Markey, D-Mass., and Ted Budd, R-N.C., the Artificial Intelligence and Biosecurity Risk Assessment Act would direct the HHS assistant secretary for preparedness and response to conduct comprehensive risk assessments of AI. Another piece of legislation they introduced, the Strategy for Public Health Preparedness and Response to Artificial Intelligence Threats Act, would direct HHS to develop a “strategy for public health preparedness and response” to AI.

The House Judiciary Committee on Wednesday is scheduled to mark up legislation that would bar law enforcement agencies from buying consumers’ communications information from data brokers. Introduced by Reps. Warren Davidson, R-Ohio; Jerry Nadler, D-N.Y.; Andy Biggs, R-Ariz.; Zoe Lofgren, D-Calif; Ken Buck, R-Colo.; Pramila Jayapal, D-Wash.; Thomas Massie, R-Ky.; and Sara Jacobs, D-Calif., H.R. 4639 would prevent law enforcement and intelligence agencies from “obtaining subscriber or customer records in exchange for anything of value.” Police buying consumer data has been a point of contention in surveillance reform discussions (see 2307140042). Demand Progress called for Congress to close the data broker loophole, saying brokers “sell troves of sensitive information about us to these agencies, including who goes to which churches, mosques, reproductive health clinics, rehab facilities, protests, and more.” Police shouldn't be able to "pay a phone company to install a wiretap instead of getting a warrant from a judge to place the wiretap," said Jake Laperruque, Center for Democracy & Technology deputy director-Project on Security & Surveillance. The hearing is scheduled for 9 a.m. in 2141 Rayburn.

House Commerce Committee leaders said Monday night they’re “extremely disappointed” that Congress still hasn’t “fully funded” the FCC’s Secure and Trusted Communications Networks Reimbursement Program as participants faced a deadline that day to submit repayment claims for removing suspect equipment from their networks (see 2307170065). FCC Chairwoman Jessica Rosenworcel and others have repeatedly prodded lawmakers in recent months to allocate the additional $3.08 billion needed to fully satisfy reimbursement costs for carriers, with Rosenworcel citing the commission’s statutory obligation to begin prorating those payments absent appropriations (see 2305040085). “The longer Congress waits to address the funding shortfall in this program, the more we jeopardize America’s national security by leaving our networks vulnerable to espionage by adversaries like China,” said House Commerce Chair Cathy McMorris Rodgers, R-Wash.; ranking member Frank Pallone, D-N.J.; Communications Subcommittee Chairman Bob Latta, R-Ohio; and ranking member Doris Matsui, D-Calif. “We continue to work with our colleagues” to bring the panel-approved Spectrum Auction Reauthorization Act (HR-3565) “to the floor” given it proposes giving the FCC the rip-and-replace money and using some future auction revenue to cover the loan (see 2305240069). “It’s critical that we find a path forward as soon as possible to finish securing our networks and strengthening our national defense,” the lawmakers said.

Meta needs to provide the House Judiciary Committee with any communication the company had with the executive branch concerning content moderation on its new platform Threads, Chairman Jim Jordan, R-Ohio, wrote Meta CEO Mark Zuckerberg on Monday. Jordan extended the scope of his Feb. 15 subpoena requesting any communications with the administration regarding the company’s content moderation practices. Since the subpoena, the committee has received additional evidence that the federal government “coerced or colluded” with tech companies to moderate content, said Jordan. He noted a federal court’s July 4 decision to block administration officials from communicating with tech companies over moderation decisions on First Amendment grounds (see 2307120065). The subpoena is “continuing in nature, and the instructions and definitions accompanying the subpoena make clear that documents and information related to Threads ... are within the scope of the subpoena,” wrote Jordan. Meta didn’t comment.

"Americans in rural and urban communities who depend upon public media content and services are very disappointed by" the House Appropriations Labor, Health and Human Services, Education and Related Agencies Subcommittee's advancement Friday of a FY 2024 appropriations bill (see 2307140069) that would "eliminate CPB’s two-year advance funding," said CEO Patricia Harrison in a statement. Congress allocated CPB $535 million for FY 2025 in the FY 2023 omnibus appropriations package (see 2212210077). President Joe Biden proposed increasing its annual appropriation to $575 million for FY26, up 7%. The measure also doesn’t include funding for CPB system interconnection and infrastructure for FY24. The FY23 omnibus allocated $60 million for that purpose. It also doesn’t mention funding for the Education Department’s Ready to Learn educational programming grant program. "The elimination of this nearly 50-year funding structure would destroy the firewall that protects public media’s independence, and significantly weaken the public-private partnership that enables stations to raise needed funds," Harrison said: "Public media has always enjoyed strong bipartisan support, affirming its essential role in strengthening our nation’s civil society. The federal appropriation ensures universal access to free, high-quality, innovative, and diverse content that educates and enriches the public dialogue."

The House voted 219-210 largely along party lines Friday to pass its version of the FY 2024 National Defense Authorization Act (HR-2670) with only one of a series of proposed amendments on tech issues (see 2307100063). The chamber agreed by voice vote earlier in the day to attach language from Reps. Warren Davidson, R-Ohio, and Sara Jacobs, D-Calif., that mirrors the Fourth Amendment Is Not For Sale Act proposed during the last Congress. The proposal would eliminate a statutory loophole that allows data brokers to sell Americans’ personal information to law enforcement and intelligence agencies without court oversight. It would create warrant requirements for obtaining web browsing history, internet search history and other Fourth Amendment-protected information of people in the U.S.

Sen. Ed Markey, D-Mass., also asked to be recorded as a no vote on renominated Republican FCC Commissioner Brendan Carr during a Wednesday Senate Commerce Committee meeting (see 2307120073).

Legislation Democrats reintroduced Thursday would ban algorithms that “discriminate” based on race, age, gender, ability and other characteristics. Sen Ed Markey, D-Mass., reintroduced the Algorithmic Justice and Online Platform Transparency Act with Rep. Doris Matsui, D-Calif. The legislation attempts to hold platforms accountable “for their content amplification and moderation practices.” The bill would commission a government investigation about discriminatory algorithms.