DOJ officials may have abused surveillance authorities to search private communications of offices on Capitol Hill in 2017, House Judiciary Committee Chairman Jim Jordan, R-Ohio, wrote Tuesday, issuing a subpoena for Attorney General Merrick Garland. According to Jordan, Google informed the former chief investigative counsel to then-Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, that DOJ “subpoenaed Google in 2017 for the staffer's personal phone records and emails during the period when [Grassley] was conducting vigorous oversight of the Department's handling of the so-called Steele dossier.” Jordan said Google’s response suggests DOJ sought communications of Senate staffers from both parties during oversight of the same issue. The committee needs to better understand DOJ’s legal process in seeking these communications, which could inform legislative proposals about the department’s notice requirements when seeking such information, said Jordan. DOJ didn’t comment.
The Senate approved the NOAA Weather Radio Modernization Act (S-1416) Monday night by unanimous consent, updating the National Weather Radio apparatus. S-1416 and House companion HR-1482 would require NOAA to upgrade infrastructure to improve reliable transmission of emergency alerts and reduce the system’s use of copper wire transmissions. In addition, the bills would require NOAA to increase NWR’s coverage to include 98%-99% of the U.S. population, including more rural areas. The House Science Committee advanced HR-1482 in March. “Gaps in weather radio coverage keep communities in the dark about incoming weather hazards,” which is “why I’m proud” the Senate passed S-1416, said Senate Commerce Chair Maria Cantwell, D-Wash. “The threat from weather events is only increasing, especially with El Nino bringing atmospheric rivers and winter storms this season, and access to reliable, real-time alerts are more important than ever to keep their families safe and homes secure,” said Cantwell. Senate Commerce ranking member Ted Cruz, R-Texas, said S-1416 would “ensure Texans and all Americans have a fully functioning, reliable early warning system that communicates critical information during disasters.”
The American Farm Bureau Federation, National Association of Farm Broadcasting and 23 other agricultural groups backed the AM Radio for Every Vehicle Act (HR-3413/S-1669) in a Monday letter to the bill’s lead sponsors. The measure, which has faced headwinds in both chambers (see 2312060073), would require the Transportation Department to mandate automakers to include AM radio technology in future vehicles. The Senate Commerce Committee advanced S-1669 in July (see 2307270063). NAB, a strong supporter of HR-3413/S-1669, publicized the agricultural groups’ letter Tuesday. “Our members rely on AM radio and the vital services it provides daily. AM radio is a source of weather, commodity, and national farm policy updates for our members,” the agricultural groups wrote the four HR-3413/S-1669 lead sponsors -- Senate Commerce ranking member Ted Cruz, R-Texas; Sen. Ed Markey, D-Mass.; Rep. Bruce Westerman, R-Ark.; and Rep. Josh Gottheimer, D-N.J. “Access to radio becomes even more important for America’s producers in times of emergency. For those who work mostly out in the open, often miles from home, response time is critical. Whether a thunderstorm is developing, a tornado is moving closer, or wildfires are spreading, our members need a reliable form of communication to access critical information.” AM “radio stations are unparalleled in their range,” as a “single AM station can reach up to 700 miles away and travel through barriers like mountains and buildings,” the groups said. “When the power goes out, and cell towers go offline, radio is still available. While millions of rural Americans still lack broadband service, rural and agricultural programming through AM radio helps keep rural residents apprised of news that may impact their businesses, health care, education, and family.”
Americans for Tax Reform President Grover Norquist, Digital First Project Executive Director Nathan Leamer and officials from 22 other groups urged Congress Wednesday night to oppose the FCC's adopted anti-digital discrimination rules (see 2311150040) and hold the commission “accountable for this power grab.” Republicans have repeatedly criticized the FCC's November order, arguing the Democratic majority went far beyond the statutory language mandating it pursue the rulemaking as part of the 2021 Infrastructure Investment and Jobs Act (see 2311300069). The rules “will divide Americans by race, sex, income level, and many other categories while far exceeding its statutory mandate,” the groups said in letters to members of Congress. “The FCC would trade the sound ‘disparate treatment’ standard for the unjust and arbitrary ‘disparate impact’ standard. Whereas longstanding precedent has held that the government or third-party plaintiffs would have to provide evidence of intentional discrimination on the part of a business for them to be held liable under Civil Rights law, now they must only demonstrate that different groups of people use the same service at different rates,” the letter said. The order “will empower leftist activists to shake down any telecommunications company that tries to expand broadband to unserved areas under the threat of a lawsuit,” the groups said: “In most cases it is not even the decision of the provider where they get to build. Local and state governments largely control the permitting process that dictates where telcos can operate. If they had their druthers, there is little doubt providers would seek to gain as many new customers as possible from unserved areas.”
Rep. Kat Cammack of Florida and nine other House Commerce Committee Republicans had urged the FCC ahead of its Wednesday meeting against approving data breach notification rules that would sidestep a 2017 Congressional Review Act resolution of disapproval that rescinded similar regulations as part of the commission's 2016 ISP privacy order (see 1704030054). FCC Republican Commissioners Brendan Carr and Nathan Simington raised the CRA issue in their dissents against the data breach rules that the commission approved Wednesday 3-2 (see 2312130019). "These rules are substantially the same as those Congress disapproved of" in the ISP privacy order, Cammack and the other Republicans said in a letter to FCC Chairwoman Jessica Rosenworcel released Wednesday. "Therefore, it would be unlawful for the FCC to adopt these new rules." They cited "requirements for notification, content of customer notification, and recordkeeping," which "largely mirror" elements of the 2016 rules. "Given these similarities, we are shocked that the FCC is attempting to revive these rules after Congress explicitly rejected them," the lawmakers said. When "Congress overrules an agency, that action is final; no agency has the power to ignore the plain meaning of a Congressional statute."
The short-term extension Congress is considering for surveillance authorities in the National Defense Authorization Act (NDAA) opens the door for the Foreign Intelligence Surveillance Act (FISA) debate to continue into 2025, prolonging surveillance abuse for 16 months, Demand Progress said Wednesday ahead of the House’s expected vote on the NDAA (see 2312120073). As drafted, the NDAA includes an extension through April for the FISA and surveillance authorities under Section 702. “A temporary extension of Section 702, like the one currently included in the NDAA, would be entirely unnecessary and paves the way for a sixteen-month extension,” said Demand Progress. Congress should consider proposals that revise Section 702, including a warrant requirement for searches of U.S. persons, it said.
The House China Committee Tuesday recommended as part of a report on ways to "fundamentally reset" the U.S. economic competition with China that Congress "fully fund" the FCC's Secure and Trusted Communications Networks Reimbursement Program, which faces a $3.08 billion budget gap and resultant prorating of payouts to participants (see 2310120067). Lawmakers have been eyeing whether to directly appropriate the additional $3.08 billion amid stalled talks on a spectrum legislative package that would loan the money to the FCC and use future auction proceeds to pay it off (see 2311070050). The House China report doesn't recommend a specific funding vehicle but says providing the money will help remove "Huawei, ZTE, and other high-risk foreign adversary-controlled telecom vendors" from U.S. networks. The panel recommended strengthening the FCC’s "covered list" of companies barred from the agency’s equipment authorization program by enacting legislation allowing DOJ "to make determinations as to the national security threat from certain equipment and services that can trigger the FCC to add such equipment and services to the Covered List. This could ensure that the FCC can rapidly respond to 'white-labeled' equipment and services that should be on the Covered List." House China also wants legislation "requiring a separate equipment certification for any device using any module produced by any Covered List entities or their subsidiaries or affiliates." Competitive Carriers Association President Tim Donovan praised the report. "Congress must immediately provide full funding to secure our nation’s networks and prevent any loss to vital communications services," he said in a statement.
Removing liability protections for generative AI tools would have significant, negative impacts on online free expression, content moderation and innovation, advocates and industry groups wrote Senate leaders Monday. Sen. Josh Hawley, R-Mo., announced plans to seek unanimous consent through a hotline process for his No Section 230 Immunity for AI Act (see 2306150059). A coalition of groups, including the Computer & Communications Industry Association, American Civil Liberties Union, Americans for Prosperity, Center for Democracy and Technology, Chamber of Progress, Electronic Frontier Foundation, R Street Institute and TechFreedom, sent the opposition letter to Senate Majority Leader Chuck Schumer, D-N.Y., and Minority Leader Mitch McConnell, R-Ky. Generative AI “is a complex issue that deserves careful thought and nuanced, precise legislation -- not a rigid, heavy-handed overreaction that threatens to undermine free speech, user safety, and American competitiveness in the AI marketplace,” they wrote. “We urge Congress to consider a more thoughtful approach.”
The Senate confirmed Ballard Spahr’s Kenneth Jarin as chair of the U.S. Agency for Global Media’s International Broadcasting Advisory Board Wednesday night on a voice vote. The chamber separately confirmed Jarin to an IBAB term through Jan. 1, 2027. The Senate also confirmed four other nominees for IBAB seats: Luis Botello, former International Center for Journalists deputy vice president-global impact and strategy, through Jan. 1, 2025; Jamie Fly, former Radio Free Europe/Radio Liberty CEO, through Jan. 1, 2027; Radio Free Europe/Radio Liberty ex-President Jeffrey Gedmin, through Jan. 1, 2025; Michelle Selesky Giuda, former assistant secretary of state under President Donald Trump; and former WJLA-TV Washington anchor Kathleen Matthews, ex-Maryland Democratic Party chair, through Jan. 1, 2027. “Each member brings a wealth of talent, expertise and passion to our mission to inform, engage, and connect people around the world in support of freedom and democracy, and I can’t wait to see what we accomplish together,” USAGM CEO Amanda Bennett said Thursday in a statement. IBAB “adds a layer of thoughtful oversight and strategic guidance to our agency that will undergird our commitment to freedom and democracy into the future.”
Officials at the FBI, Cybersecurity Infrastructure and Security Agency, State Department and National Science Foundation violated the First Amendment when they pressured social media companies to remove content, Senate Commerce Committee ranking member Ted Cruz, R-Texas, wrote Wednesday. He sent letters to the State Department, FBI, CISA and NSF asking for information related to “censorship” activity. According to Cruz, the State Department sent social media companies a list of individuals they identified as “inauthentic,” but the list included American citizens, not just foreign actors. The NSF “doled out millions to fund Stanford University and the University of Washington’s Election Integrity Partnership, which successfully influenced social media companies into ‘moderating’ millions of tweets flagged by CISA and the FBI,” said Cruz. The lawmaker is seeking information on “applicable taxpayer-funded grant making and non-governmental partnerships processes.” NSF doesn’t “engage in censorship and has no role in content policies or regulations,” the agency said in a statement Wednesday. NSF invests in research on communications technology based on congressional and statutory guidance, it said: It’s in the U.S.’s best economic and security interest to understand how scammers and foreign adversaries are using communications tools. The other agencies didn’t comment.