Senate Commerce Members to Seek FTC Input About Social Media EO
Expect the Senate Commerce Committee to question the FTC on how it's responding to President Donald Trump’s social media executive order (see 2007280053) when commissioners testify Wednesday, senators said in interviews. Brian Schatz, D-Hawaii, said he’s more concerned about political influence at the FCC. A day earlier, Trump withdrew the renomination of Commissioner Michael O’Rielly (see 2008030072).
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“It is difficult to determine who the Republican and Democratic nominees are when the FTC testifies,” Schatz said. “It is not difficult to determine who Democrats and Republicans are when the FCC testifies.” FCC Chairman Ajit Pai “made a bunch of promises to me in his confirmation hearing that he would maintain the independence of the agency, and there’s very little evidence that he upheld that commitment,” Schatz said.
FTC Chairman Joe Simons will testify remotely, as will Commissioners Noah Phillips, Rohit Chopra, Christine Wilson and Rebecca Kelly Slaughter. She has served intermittently while on maternity leave.
Sen. Ted Cruz, R-Texas, said he “certainly” expects to discuss with commissioners how the FTC plans to move forward with Trump’s EO. Social media will be a “central area of focus,” Cruz said. “I’ve had numerous conversations with the chairman of the FTC about the need to stop Big Tech censorship.”
The EO directs the FTC to consider complaints of unfair and deceptive practices in relation to Section 230 of the Communications Decency Act and directs the FCC to clarify 230 language. Critics say the EO violates the First Amendment by inserting the federal government into content moderation decisions. O’Rielly told the Media Institute last week that the First Amendment protects citizens against government limits on speech. Simons recently wrote Sen. Richard Blumenthal, D-Conn., and Rep. Jan Schakowsky, D-Ill., that political pressure won’t sway the FTC (see 2007100052).
An aide for Senate Consumer Protection Subcommittee Chairman Jerry Moran, R-Kan., said the lawmaker will focus questions on comprehensive privacy legislation and the Privacy Shield, which the European Court of Justice recently invalidated (see 2007240031). Moran said he discussed privacy legislation with Blumenthal, the subcommittee’s ranking member, last week: “He was indicating to me he still thinks there’s a path.” The two discussed a potential privacy bill, though Moran introduced a Republican bill (see 2003120047).
Asked if privacy discussions have picked up again, Senate Commerce Committee Chairman Roger Wicker, R-Miss., told us, “Quite honestly, no.” The discussion is at a stalemate, he said. He noted there was to have been a Tuesday staff briefing about the hearing.
Senate Majority Whip John Thune, R-S.D., hopes Wicker will add his Section 230 bill, co-authored with Schatz, to a committee markup soon. The Senate Communications Subcommittee recently had a hearing on their Platform Accountability and Consumer Transparency Act. “I’m hoping we can get that on a markup agenda, but I don’t have any assurance of that yet,” Thune said.
“You better believe” there will be questions about privacy and the tech industry,” Sen. Marsha Blackburn, R-Tenn., said of the hearing with the FTC. “We’re also going to cover some things on how we see [the agency’s] role moving forward, if it’s an expanded role.”