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Trump Vetoes FY 2021 NDAA, Cites Lack of CDA S. 230 Repeal Language

President Donald Trump's Wednesday veto of the conference FY 2021 National Defense Authorization Act (HR-6395) sets up likely veto override votes early next week, with the House expected to reconvene Monday. Trump cited the measure’s lack of language to repeal…

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Communications Decency Act Section 230, an issue that clouded the measure’s prospects just before passage earlier this month (see 2012020068). It includes other telecom and tech provisions (see 2012040043), including ones to hinder Ligado’s L-band plan, and it has the text of the Spectrum IT Modernization Act (HR-7310/S-3717). “Your failure to terminate the very dangerous national security risk of Section 230 will make our intelligence virtually impossible to conduct without everyone knowing what we are doing at every step,” Trump said in his veto message to Congress. HR-6395 “fails even to make any meaningful changes to” Section 230, “despite bipartisan calls for repealing that provision. Section 230 facilitates the spread of foreign disinformation online, which is a serious threat to our national security and election integrity. It must be repealed.” Both chambers approved HR-6395 by margins far above the threshold needed to overturn Trump’s disapproval. Trump “made it clear that he does not care about the needs of our military personnel and their families” by vetoing HR-6395, said House Armed Services Committee Chairman Adam Smith, D-Wash., in a statement. The bill “passed with overwhelming, veto-proof support in both the House and Senate, and I remain confident that Congress will override this harmful veto.” Lawmakers sought several times this year to revamp Section 230 (see 2012100072), including via the withdrawn Online Content Policy Modernization Act (S-4632). Industry officials are watching whether FCC Chairman Ajit Pai will seek a vote on a declaratory ruling on Section 230 before he leaves office, though he didn’t announce plans Wednesday to seek action on any items at the commission’s Jan. 13 meeting (see 2012230065).