Week of May 1, 2023
As Washington, DC gets back to work following its annual navel-gazing exercise that is the White House Correspondents Dinner, this week finds the House in recess as Speaker Kevin McCarthy leads a delegation to Israel while the U.S. Senate working through a busy week at the Judiciary Committee. The debt ceiling negotiations—or, lack thereof—continue to grab the political headlines following last week’s House passage of a package that combines a debt ceiling hike with spending reforms.This week, we are focused on the Senate Judiciary Antitrust Subcommittee, which is focusing on potentially anti-competitive behavior caused by advertising technology. Along with their advertising hearing, the Committee could mark up their much-anticipated content moderation legislation.
What We’re Watching:
Senate Judiciary Content Moderation Markup: The Senate Judiciary’s markup on a number of bills impacting content moderation is now expected for this Thursday. The internet community is keeping a close watch for traction on Chair Durbin’s (D-IL) STOP CSAM Act and Ranking Member Graham’s (R-SC) EARN IT Act, which would require stricter content moderation policing of social media and internet platforms for stronger children’s protections of child sexual abuse materials (CSAM).
Will Privacy Reform Go Big?: Children’s privacy continues to dominate discussions amongst primary players in the House. Following the House Energy and Commerce Committee’s sixth hearing on privacy last week, the big question that is beginning to arise is whether the debate on children’s privacy will outweigh broader privacy considerations. As E&C leadership prepares to reintroduce a version of the American Data Privacy Protection Act (ADPPA), the growing push on children's privacy shines light on the fact that there is no overarching privacy framework. Tech companies are ramping up pushback efforts as well as they begin to face compliance challenges from states implementing privacy laws, creating a privacy puzzle for industry.
Washington’s AI Focus: While AI remains perhaps the hottest topic in Washington, Members of Congress and agencies are continuing to think through ways of how to approach an AI regulatory framework and seeking information directly from industry. Senator Mark Warner (D-VA) sent letters to tech executives questioning the security and privacy practices of AI development. This falls on the heels of Senate Majority Leader Schumer’s (D-NY) quest for industry feedback on his proposed AI regulatory framework. This signals policymakers' willingness to work with industry in order to have a more fulsome understanding of the potential harms and opportunities associated with emerging AI technology. On the other hand, certain agencies have pledged to utilize existing laws in order to enforce AI misuse. Last week, officials from the Department of Justice (DOJ), Federal Trade Commission (FTC), Consumer Financial Protection Bureau, and the Equal Employment Opportunity Commission (EEBC) issued a joint statement on AI, pledging to “uphold America’s commitment to the core principles of fairness, equality, and justice as emerging automated systems become increasingly common in our daily lives - impacting civil rights, fair competition, consumer protection, and equal opportunity.”
What’s Happening This Week:
Tech Hearings
Senate Judiciary Subcommittee hearing on competition in digital advertising - Wednesday, May 3 at 2:30 PM ET
Senate Judiciary markup on children’s content moderation bills - Thursday, May 4 at 10:00 AM ET
Tech Events
The Armed Forces Communications and Electronics Association - TechNetCyber conference - "The Urgency of Action: Focused, Aligned and Ready" Tuesday, May 2-4 at 9:00 AM ET
The Information Technology and Innovation Foundation - "What Should Congress Include in The Next National Quantum Initiative Act?" - Tuesday, May 2 at 11:00 AM ET
U.S. Copyright Office - AI and Copyright Listening Session on Visual Arts - Tuesday, May 2 at 1:00 PM ET
The Intelligence and National Security Alliance - "Protecting Critical Infrastructure: The New National Cybersecurity Strategy" - Tuesday, May 2 at 2:00 PM ET
What’s Interesting This Week:
The New Frontier….On May 5, 1961, NASA astronaut Alan Shepard became the first American in space when he made a fifteen minute suborbital flight aboard the Mercury capsule Freedom 7. He reached an altitude of 115 miles, during which he experienced about five minutes of weightlessness.
