Week of January 22, 2024

The House was able to prevent a partial federal shutdown last week just before heading home for a district work period this week. The stopgap spending bill now prevents federal agencies from shutting down until March 1 and 8. But the next few weeks will be an uphill battle as appropriators work on specific funding measures that will surely face backlash from both conservatives and Democratic members.  

We’ll also get more insight into the 2024 Presidential race this week with the New Hampshire primaries upon us, and what the future Republican nominee will mean for the tech industry. 

The Senate is in session this week, and several committees are holding hearings including two on AI, one focusing on export controls in Senate HSGAC, and one focusing on patent reform in Senate Judiciary. The AI hearings are a bit out of the norm, zooming in on the use of AI in criminal investigations and law enforcement as well as one looking at the use of AI at Library of Congress, Government Publishing Office, and Smithsonian Institution.

The FTC will hold its Tech Summit on Thursday, packed with a half-day schedule worth of virtual panels focused on AI. AI continues to hold Washington’s attention as Members, agencies, and now the Supreme Court, grapple with ways to understand and reign in the emerging tech.

What We’re Watching: 

  • FTC To Hold Tech Summit Focused on AI: The FTC is zeroing its focus on AI as the agency is set to hold its AI Tech Summit this Thursday. The FTC”s Office of Technology will be holding a virtual half-day event with panels discussing a variety of considerations including the intersection of AI, chips, and cloud computing, as well as data models, and AI consumer applications and protections. The move signals a strong indication that the agency will utilize its enforcement authorities to reign in AI technology given any impacts on consumer protections and competition. The FTC has hinted over the past year of its interest in AI, noting that they have authority to regulate the tech despite the emerging and fast-paced nature of innovation. The Summit will also feature speeches from FTC Commissioners, highlighting their individual interests on AI.

  • Senate Committees Shine Light on Different AI Topics: There will be two AI hearings this week focusing on topics in AI that are a bit outside the norm from the Congress’ traditional focus on the tech. Senate Rules will be holding a full committee hearing on the use of AI at the Library of Congress, Government Publishing Office, and the Smithsonian. This is a departure from the Senate’s norm, diving deeper into lesser known aspects of AI. It will be interesting to hear from witnesses on how AI has the capabilities to organize, preserve, and clarify processes in the agencies. Shortly following the start of the Senate Rules hearing, the Senate Judiciary Criminal Justice Subcommittee will be looking at the use of AI in law enforcement and criminal investigations. This is a topic that is being widely considered by some government entities. And given recently added provisions in the EU’s AI Act allowing facial recognition by police, the topic is sure to gain greater traction in Washington.

  • Washington Tees Up Children’s Online Safety Fight: The steady focus on children’s online safety may be coming to a pivotal moment in the coming weeks, as the Senate Judiciary is set to hold its hearing next week with tech CEOs on how their platforms are working to protect children’s online activity. The momentum began last week following the FTC’s presentation detailing proposed changes to the Children’s Online Privacy Protection Act (COPPA). The updates to the rule would shift the burden of responsibility from parents to platforms, signaling a heavier reliance on industry to ensure protections for children. It remains to be seen if the full Senate will consider children’s privacy legislation such as KOSA or COPPA 2.0 this term in light of the 2024 elections and a laundry list of must-dos in Congress.

What’s Happening This Week:

Tech Hearings

  • Senate Judiciary Intellectual Property Subcommittee holds a hearing on "The Patent Eligibility Restoration Act - Restoring Clarity, Certainty, and Predictability to the U.S. Patent System - Tuesday, January 23 at 2:30 PM ET

  • Senate Judiciary Criminal Justice and Counterterrorism Subcommittee hearing on "AI in Criminal Investigations and Prosecutions" - Wednesday, January 24 at 2:30 PM ET

  • Senate HSGAC hearing on improving export controls - Tuesday, January 23 at 2:45 PM ET

  • Senate Rules hearing on the use of AI at the Library of Congress, GPO, and Smithsonian - Wednesday, January 24 at 2:15 PM ET

Tech Events

What’s Interesting This Week:

In Light of This Week’s Patent Hearing…. On January 27, 1880, Thomas Edison patented the electric incandescent lamp. While other incandescent lamps were created before his, Edison’s version was able to outstrip the others because of a combination of three factors: an effective incandescent material, a higher vacuum than others were able to achieve (by use of the Sprengel pump) and a high resistance that made power distribution from a centralized source economically viable.

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