The House on Friday voted to renew the intelligence community’s foreign surveillance authority for two years (see 2404100069). The vote was 273-147, with 147 Democrats and 126 Republicans in favor. An amendment that would have added a warrant requirement to Section 702 of the Foreign Intelligence Surveillance Act narrowly failed 212-212, with 128 Republicans and 84 Democrats voting in favor.
Speaker Mike Johnson, R-La., is expected to back legislation that would maintain the status quo for the intelligence community’s surveillance authorities, civil liberties advocates said Tuesday (see 2404050049). The House is expected to vote Thursday on the Reforming Intelligence and Securing America Act, which would reauthorize the Foreign Intelligence Surveillance Act and the controversial Section 702. The House Rules Committee was scheduled to hold a hearing Tuesday about the legislation and what provisions to consider on the floor. Johnson supports the House Intelligence Committee’s approach, which omits the House Judiciary Committee’s warrant requirement, New America Open Technology Institute Policy Director Prem Trivedi said in a statement Tuesday. Privacy advocates seek a warrant requirement when intelligence agencies search for American citizens' data in the FISA database. In addition, they want a warrant requirement when agencies purchase U.S. citizens’ information through data brokers. Johnson is backtracking on proposals he supported as a rank-and-file member, Demand Progress said. The House Intelligence Committee wants an expansion of FISA authorities and to subject additional network-connected businesses to gag orders that facilitate warrantless FISA surveillance, said Policy Director Sean Vitka. Johnson’s office didn’t comment Tuesday. House Republican leadership previously abandoned a proposal to consider FISA provisions from both committees on the floor (see 2312120073).
Broadcasters attending the 2024 NAB Show in Las Vegas will focus on exploiting and guarding against the latest advances in artificial intelligence, on making the now 7-year-old transition to ATSC 3.0 finally pay off, and on surviving an unfavorable regulatory landscape, industry officials told us. “We’ve been building out the service; now it’s put up or shut up time,” said Gray Television Senior Vice President Rob Folliard of ATSC 3.0. The show kicks off Saturday at the Las Vegas Convention Center.
The House plans to vote this week on foreign surveillance legislation, an aide for House Speaker Mike Johnson, R-La., told us Friday.
A combined $1.8 million proposed forfeiture for Nexstar and sidecar operation Mission broadcasting over Mission’s station WPIX New York will likely create uncertainty about similar arrangements that other broadcasters use, though attorneys and the FCC say Thursday’s notice of apparent liability is narrowly targeted. “We stress that the decision we reach today is limited to the facts before us and the relationship between Nexstar, Mission, and WPIX,” said the NAL. On the other hand, “If you’re a broadcaster with a sidecar, you’re saying ‘uh oh,’” said Holland & Knight attorney Charles Naftalin. Nexstar said it will dispute the enforcement action “vigorously.”
Recent House legislation attempting to force ByteDance to divest TikTok raises constitutional issues and doesn’t address broader privacy concerns, Sens. Ron Wyden, D-Ore., and Rand Paul, R-Ky., told reporters Thursday, creating a bipartisan roadblock in the upper chamber.
Bills meant to protect kids online advanced in multiple state legislatures this week. On Wednesday, the Vermont Senate unanimously passed a children’s privacy bill (S-289) requiring an age-appropriate design code. It will go to the House. The same day in Illinois, the House Consumer Protection Committee voted 9-0 to advance a kids’ social media bill (HB-5380) that would require large social media platforms to make application programming interfaces (API) available so that third-party software providers can create tools for parents to manage their children’s activity on the platform. And in Alabama, the Senate Judiciary Committee cleared the House-passed HB-164 with a short amendment. The bill would require a reasonable age-verification method to restrict those younger than 18 from accessing pornographic websites. On Tuesday, Alabama’s Senate Fiscal Responsibility Committee cleared a privacy bill (SB-213) that would require data brokers to register with the state. A Pennsylvania House committee that day advanced a social media bill requiring age verification (see 2403190050).
The House on Wednesday unanimously approved TikTok-related legislation that would ban data brokers from transferring “sensitive” U.S. information to “foreign adversaries” such as China. Meanwhile, the Senate Commerce Committee and the Senate Intelligence Committee are planning a joint hearing about their legislative options.
The House voted 352-65 Wednesday to approve legislation that would ban TikTok in the U.S. if Chinese parent company ByteDance doesn’t divest the app in six months (see 2403120062).
Prepare for more California privacy activity in coming months, California Privacy Protection Agency Senior Privacy Counsel Lisa Kim said Wednesday. Kim previewed CPPA enforcement, rulemaking and legislative work at a virtual FCBA privacy symposium Wednesday. A growing patchwork of state privacy laws makes it difficult for businesses to create a good consumer experience for making privacy choices, said corporate privacy practitioners during a later panel.