The Senate Homeland Security Committee is investigating the SolarWinds cyberattack and exploring a potential hearing, Chairman Gary Peters, D-Mich., told us: “We’re going to do an investigation, look into that and look at a potential hearing.” Microsoft, Google, FireEye and several federal agencies were potentially exposed in the Russia-linked attack (see 2101190067).
Senate Communications Subcommittee lead Democrat Brian Schatz of Hawaii confirmed to us he’s “probably” going to give up an opportunity to chair the subpanel in this Congress to retain other leadership roles, as expected (see 2101190001). That makes it all but certain that Sen. Ed Markey, D-Mass., will take over the Communications gavel, lawmakers and lobbyists said. Democrats will have to wait to formally take control of Senate Communications and other panels until leaders finalize a power-sharing agreement to handle the 50-50 chamber.
John Kennedy, R-La., plans legislation that could require social media users use legal identities, he told us Thursday. He and several other senators offered differing reactions about Facebook’s oversight board, which released its first content moderation decisions Thursday, overturning four of five Facebook post removals.
Expect increased agency oversight and a concerted effort to update antitrust laws in 2021, said Senate Antitrust Subcommittee Chair Amy Klobuchar, D-Minn., Wednesday at a Public Knowledge virtual event. Facebook Oversight Board Member Jamal Greene said to expect the board’s first content moderation decisions “within days,” on a panel at the State of the Net (SoTN) virtual conference.
Sen. Mazie Hirono, D-Hawaii, is circulating online content-related legislation for potentially addressing civil rights violations in housing markets, Fordham University law professor Olivier Sylvain said Tuesday at the State of the Net conference. Hirono has been in discussions with Virginia Democratic Sens. Mark Warner and Tim Kaine about Communications Decency Act Section 230 (see 1908060064). Her office didn’t comment about a potential bill.
Rep. Suzan DelBene, D-Wash., will reintroduce her privacy legislation (see 1912060035) sometime this quarter, an aide told us Friday. Observers said in interviews that this is the best chance Congress has had in recent years to pass a comprehensive privacy bill, in light of President Joe Biden’s election and a Democratic House and Senate.
Enforcement looks again to be central to the privacy debate in Washington state this year. Rep. Shelley Kloba (D) said in an interview she will soon introduce a bill with a private right of action, unlike in Sen. Reuven Carlyle’s measure that failed the past two years amid House objections that it lacked teeth. Carlyle (D) told us he now sees more openness for passing SB-5062, though the American Civil Liberties Union remains opposed. Different political dynamics in the House could factor into the bill's fate.
President Joe Biden named Jessica Rosenworcel as acting FCC chair Thursday (see 2101210053), and Rebecca Kelly Slaughter as acting FTC chair (see 2101210048). The Commerce Department said Evelyn Remaley, head of NTIA’s Office of Policy Analysis and Development, will temporarily lead that agency.
Brad Ree, chief technology officer of the ioXt Alliance, warned last week of a legislative patchwork of security regulations in the U.S. as each state adds its own take. Speaking on a panel at Parks Associates’ Connections summit, he cited California SB-327, which took effect Jan. 1 and requires devices to have “a reasonable security feature or features that are appropriate to the nature and function of the device.” The bill was the impetus for the founding of the ioXt Alliance. SB-327 began as an effort by lawmakers to “do the right thing,” said Ree, but it left manufacturers questioning what they need to do. One of the bill’s stipulations is that there can't be a universal password, which is clear, he said, “but what’s reasonable, what’s not reasonable? What are the penalties if I do this thing wrong?”
The Department of Homeland Security will do a “thorough review” of its cybersecurity detection programs as a result of the Russia-linked SolarWinds attack, President-elect Joe Biden’s DHS secretary nominee, Alejandro Mayorkas, told the Senate Homeland Security Committee Tuesday. Mayorkas said the department will review its Einstein program and the continuing diagnostics and mitigation program to ensure they’re “appropriately designed and effectively executed.”