Week of January 23, 2023
The House and Senate are both in session this week – the first time together since the start of the 118th Congress. And, while the drama of a 14-ballot election of the Speaker is missing from this week’s schedule, both chambers are still in “setup” mode as they work to formally constitute their committees. The House has finally agreed to committee ratios between the majority and minority; however, given the current pace of the organizing process, it is likely that we will not have fully operational committees until the week of January 30. The more positive news from the start of this Congress, especially for your favorite lobbyists at Franklin Square, is that the Capitol complex is now open, and operating as it did prior to the COVID closures that began in 2020. Long gone are the days of having your staff escort from meeting to meeting. Trade association fly-ins, CEO visits, and regular opportunities to meet with congressional staffers are back (live and in-person!), and we are looking forward to a busy 2023 on Capitol Hill.White House Chief of Staff Ron Klain is stepping down after two years. Jeff Zients, the former White House Covid Response Director, will take his place.
What We’re Watching:
Senate Judiciary Antitrust Hearing on Ticketmaster: The first hearing of the 118th Congress will take place at the Senate Judiciary Committee to examine the antitrust concerns in the live entertainment industry. The committee will undoubtedly scrutinize Ticketmaster’s botched ticket sales for Taylor Swift’s upcoming “Eras” tour. But the real focus will be on Live Nation Entertainment — Ticketmaster’s parent company — and concerns over anticompetitive practices in the ticket industry. Senator Amy Klobuchar (D-MN) has been highly critical of Ticketmaster and its 2010 merger with Live Nation. Expect Members to also discuss the broader debate over big tech antitrust as well, such as the American Innovation and Choice Online Act and the Open Apps Market Act, which will likely be reintroduced this year.
NTIA Seeks Comment on Data Privacy and Commercial Surveillance: The National Technology and Information Administration (NTIA) released a request for public inquiry into how data practices impact marginalized and underserved communities. Specifically, the request for information asks several questions related to commercial data collection practices, and how Congress and regulators should address them. NTIA Administrator Alan Davidson said earlier this month that, “data collection and sharing creates the risk of new digital discrimination replicating previous forms of profiling, redlining and exclusion.” The request for comment also references the undue harms of algorithmic discrimination and facial recognition practices.
Supreme Court and State Content Moderation Cases: The US Supreme Court is expected to take up two state content moderation cases with conflicting appellate court rulings. Last year, both Florida and Texas legislatures passed laws pertaining to certain content moderation practices. The Florida law would prohibit social media companies from removing certain content, especially as it relates to conservative viewpoints. The Texas law would allow users to sue social media companies for censoring certain content. However, both cases were appealed and the 5th Circuit Court of Appeals ruling in the Texas case directly conflicts with that of the 11th Circuit Court of Appeals ruling in the Florida case. These cases fall on the heels of the Supreme Court’s review of Google v. Gonzalez, which is already under way and will consider the bounds of Section 230.
What’s Happening This Week:
Tech Hearings
The Senate Judiciary Committee - "That's the Ticket: Promoting Competition and Protecting Consumers in Live Entertainment" - Tuesday, January 24 at 10:00 AM ET
Tech Events
The Government Executive Media Group - "The Results Are In: Key Trends in Federal Cybersecurity Investment" - Monday, January 23 at 11:00 AM ET
The National Institute of Standards and Technology - "Providing Timely and Clear Data to Support Federal Cybersecurity Workforce Needs" - Tuesday, January 24 at 1:30 PM ET
The R Street Institute - "How should social media companies disclose government content moderation?" - Tuesday, January 24 at 3:00 PM ET
The International Institute for Strategic Studies - "The Digital Silk Road: China's Technological Rise and the Geopolitics of Cyberspace" - Wednesday, January 25 at 9:00 AM ET
The Information Technology and Innovation Foundation - "Should Congress Pass President Biden's Tech Agenda?" - Wednesday, January 25 at 10:30 AM ET
The Armed Forces Communications and Electronics Association - "DISA's (Defense Information Systems Agency) Priorities for 2023 and Beyond: An Indepth Look Through the Lens of Agency Leadership” - Wednesday, January 25 at 11:30 AM ET
The American Enterprise Institute for Public Policy Research - "Is Artificial Intelligence Effective at Content Moderation?" - Wednesday, January 25 at 3:00 PM ET
The R Street Institute - "The Future of Data Privacy and Security in the 118th Congress” - Thursday, January 26 at 4:00 PM ET
Commerce Department; Bureau of Industry and Security - Meeting of the Emerging Technology Technical Advisory Committee to hear a presentation on Artificial Intelligence and Society: What Do People Say? - Friday, January 27 at 2:40 PM ET
What’s Interesting This Week:
The Start of the Telecom Policy Debate…. On January 25, 1915, Alexander Graham Bell inaugurated the U.S. transcontinental telephone service, speaking from New York to Thomas Watson in San Francisco. President Woodrow Wilson and the mayors of both cities were also involved in the call, paving the way for the future of communications policy.
