Numerous House Commerce Committee members repeated calls for bipartisan action to revise Communications Decency Act Section 230 during a Wednesday Communications Subcommittee hearing, but remain far apart on the details. The proposals “aren’t identical,” but the process could lead to “bipartisan work,” said committee Chairman Frank Pallone, D-N.J. “Republicans and Democrats don’t agree on this issue,” said Rep. Dan Crenshaw, R-Texas.
Section 230
Senate Commerce Committee Republicans’ questioning of Democratic FCC nominee Gigi Sohn at a planned Wednesday confirmation hearing (see 2111230066) is likely to partially focus on her views on the fairness doctrine in a bid to suggest her joining the commission would increase the chances the agency would seek to bring back the long-rescinded rules, lawmakers and officials told us. Sohn backers question the likely GOP focus on that issue, arguing that while she and others in the past preferred bringing back the rules, such erstwhile supporters see virtually no momentum in its favor under a 3-2 Democratic majority.
House Commerce Committee subpanels plan hearings Dec. 1 and Dec. 9 on legislation to “hold Big Tech accountable,” Chairman Frank Pallone, D-N.J., announced Wednesday. The Communications Subcommittee scheduled a hearing Dec. 1 on Communications Decency Act Section 230 and how to “recalibrate the law in a way that better incentivizes responsible actions by tech companies.” The Consumer Protection Subcommittee will meet Dec. 9 on “an array of proposals to enhance transparency, promote online safety, and hold Big Tech accountable.” Legislation to be discussed will be announced the week before each hearing.
House Communications Subcommittee Chairman Mike Doyle, D-Pa., told us he’s going to continue to press for progress on major tech and telecom legislation during the remainder of this Congress rather than coast toward retirement, after his October announcement he won’t run for re-election (see 2110180043). Doyle concedes progress on net neutrality legislation, a top issue since he became lead Communications Democrat in 2017, may not happen before he retires. Communications Vice Chair Doris Matsui of California and two other members -- Reps. G.K. Butterfield of North Carolina and Yvette Clarke of New York -- confirmed to us they’re considering whether they would like to succeed Doyle as the subpanel’s lead Democrat.
Senate Commerce Committee ranking member Roger Wicker, R-Miss., told us he and Sen. Ed Markey, D-Mass., will meet soon to discuss potential updates to the Children's Online Privacy Protection Act. “We’re scheduled to put our heads together soon about that issue,” Wicker said last week. “I will reserve comment until after that. It may have to be after the break.”
Senate Homeland Security Committee ranking member Rob Portman, R-Ohio, and Senate Privacy Subcommittee Chairman Chris Coons, D-Del., are gathering information on legislation that would require social media platforms to open their algorithms to independent research, Portman said Thursday.
YouTube, TikTok and Snap agreed to share internal research with the Senate Consumer Protection Subcommittee, the companies' representatives told a hearing Tuesday. Chair Richard Blumenthal, D-Conn., told us he’s going to hold them to that promise and use the findings to develop a full picture in pursuit of legislation.
The FCC shouldn’t act on its own to combat ransomware attacks against communications networks unless a “whole of government” approach doesn’t materialize, said Commissioner Nathan Simington Thursday in a virtual Q&A with former Commissioner Robert McDowell, now at Cooley. Combating ransomware attacks like the recent strike against Sinclair isn’t outside the agency’s authority, but might be outside its capabilities, “unless Congress gives us another thousand people to man that desk,” Simington said (see 2110210045).
Senate Judiciary Committee Chairman Dick Durbin, D-Ill., is looking to advance the discussion on a measure that would prohibit online platforms from self-preferencing their own products (see 2110140068). He told us he’s in discussions with ranking member Chuck Grassley, R-Iowa, and Senate Antitrust Subcommittee Chair Amy Klobuchar, D-Minn., about a legislative hearing for the American Innovation and Choice Online Act. “I’m discussing it with both of them,” said Durbin. “We haven’t made a final decision.”
Legislation House Democrats unveiled Thursday would remove Communications Decency Act Section 230 immunity when a platform “knowingly or recklessly uses an algorithm or other technology to recommend content that materially contributes to physical or severe emotional injury.” Commerce Committee Chairman Frank Pallone, N.J., will introduce the Justice Against Malicious Algorithms Act Friday with Communications Subcommittee Chairman Mike Doyle of Pennsylvania, Consumer Protection Subcommittee Chair Jan Schakowsky of Illinois, and Health Subcommittee Chair Anna Eshoo of California. “Social media platforms like Facebook continue to actively amplify content that endangers our families, promotes conspiracy theories, and incites extremism to generate more clicks and ad dollars,” said Pallone.