Week of July 10, 2023

Baseball’s midsummer classic kicks off tonight in Seattle with the Home Run Derby, which is guaranteed to be more fun to watch than the House Rules Committee hearing to deal with the 1,500 amendments that have been filed for the National Defense Authorization Act (NDAA).

Welcome back to the summer grind in Washington, DC, where the heat and humidity are a good reminder of why Congress goes into recess for the entire month of August, and the legislative calendar is packed with “must do” items.

The July agenda includes NDAA, the reauthorization of the FAA, as well as appropriations bills that continue to be marked up by the Committee. Of course, the old proverb about “best laid plans” definitely applies here, especially in the House where the GOP majority continues to struggle with its internal political dynamics.

What We’re Watching: 

  • Senate Judiciary Tackles AI and Copyright, Again: On Wednesday, the Senate Judiciary Subcommittee on Intellectual Property will be holding part two of its hearing series on AI and intellectual property concerns, with this hearing focusing on copyright. The Subcommittee held its first hearing in the series on June 7, around patents and innovation competition issues. This is the second hearing this congress to specifically address AI and copyright concerns, following the House Judiciary IP subcommittee’s hearing on the matter in May. Witnesses will include industry representatives and academic experts close to the issues surrounding copyright and AI, and Members will likely touch on a number of concerns including the interoperability of AI in the copyright space, creator protections, and additional considerations for regulatory measures. ​​

  • Crypto Legislation Expected in Senate: Senators Cynthia Lummis (R-WY) and Kirsten Gillibrand (D-NY) are expected to reintroduce their comprehensive crypto legislation this week. The Responsible Financial Innovation Act is set to hit the Senate on Wednesday, and is highly expected to be more comprehensive than other crypto bills we have seen thus far. The legislation is likely to simultaneously address market structure, stablecoins, and tax issues. While it may not end up being the ultimate vehicle for crypto legislation, Lummis-Gillibrand has been a key driver of conversation to address crypto and blockchain issues as a new and separate technology in need of a new regulatory regime.

  • Lina Khan in House Judiciary Hot Seat: This Thursday will mark Federal Trade Commission Chair Lina Khan’s first appearance in front of the House Judiciary Committee, as she prepares to testify at an oversight hearing. Members are expected to ask about a number of issues, including concerns on several recent enforcement actions from the agency, such as its May 2022 probe into Twitter’s privacy practice. The House Judiciary Committee subpoenaed Khan for documents in April in the FTC investigation. Additionally, Members will likely ask about FTC employment culture given the recent resignation of both Republican Commissions.

What’s Happening This Week:

Tech Hearings

  • House Financial Services Committee hearing on “Protecting Investor Interests: Examining Environmental and Social Policy in Financial Regulation” - Wednesday, July 12 at 10:00 AM ET

  • Senate Intelligence Committee hearing on  - Wednesday, July 12 at 2:30 PM ET

  • Senate Judiciary hearing on AI and Copyright Concerns - Wednesday, July 12 at 3:00 PM ET

  • House Judiciary hearing on FTC oversight - Thursday, July 13 at 10:00 AM ET

  • House Select Committee on Chinese Communist Party - "Risky Business: Growing Peril for American Companies in China" - Thursday, July 13 at 7:00 PM ET

  • House Judiciary subcommittee hearing on FISA, part two - Friday, July 14 at 9:15 ET

Tech Events

What’s Interesting This Week:

Is that the Red Planet?... On July 14, 1965, NASA’s Mariner 4 became the first spacecraft to perform a successful fly-by of Mars and the first to send back photographs of another planet from deep space. The photographs are the first showing details of Mars’ surface including extensive cratering.

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