Sen. Ron Wyden remains opposed to the Earn It Act because it threatens free speech and security, his spokesperson told us Tuesday when asked if the Oregon Democrat plans to place a hold on the bill (see 2007070060). The spokesperson emailed that the bill won’t do anything to “stop the monsters who produce and spread” child sexual abuse material (CSAM) and “threatens the security and free speech of every American.” Wyden’s Invest in Child Safety Act (S-3629) (see 2007010072) would “provide resources to help protect children from becoming victims and to catch the predators responsible,” his office said.
The wide spectrum of groups against the Earn It Act shows it’s an ill-conceived bill that will repeat the same mistakes as anti-sex trafficking legislation passed in 2018, said representatives from progressive, conservative, industry and academic groups, in interviews. A child advocate noted the wide-ranging support from victims’ rights organizations.
The Supreme Court upheld the constitutionality of the Telephone Consumer Protection Act Monday (see 2007060009), in much-watched Barr v. American Association of Political Consultants. Justices upheld the 4th U.S. Circuit Court of Appeals ruling, which declared a 2015 government debt collection exemption unconstitutional and severed the provision from the remainder of the law. Experts said after SCOTUS heard arguments in April the court was unlikely to overturn all of the TCPA (see 2005060051).
The Senate Judiciary Committee unanimously advanced the Earn It Act (S-3398) (see 2007010058) Thursday. A manager’s amendment from Chairman Lindsey Graham, R-S.C., and Sen. Richard Blumenthal, D-Conn., and another amendment from Sen. Patrick Leahy, D-Vt., passed.
The Senate Judiciary Committee is expected to consider a significant amendment to the Earn It Act (S-3398) from Chairman Lindsey Graham, R-S.C., and Sen. Richard Blumenthal, D-Conn., at Thursday’s markup (see 2006290056). Graham is said to be planning to introduce a manager’s amendment with Blumenthal that would remove the tech industry’s blanket immunity under Section 230 of the Communications Decency Act from federal civil, state criminal and state civil child sexual abuse material (CSAM) laws.
Booking.com is eligible for federal trademark protection, the Supreme Court ruled 8-1 Tuesday. The high court overruled the Patent and Trademark Office’s finding that the domain name is a generic term (see 2005040050). Justice Stephen Breyer dissented, saying the term Booking does nothing more than identify a generic product or service. PTO had refused Booking.com’s registration, saying the combination of a generic word like booking with .com doesn’t make it any less of a generic term for online hotel reservation services.
It’s unlikely Sen. Richard Blumenthal, D-Conn., could offer an amendment to keep the Earn It Act from undermining encryption for millions of Americans, encryption advocates said in interviews about Thursday’s Senate Judiciary Committee markup (see 2006250067). A victims advocate urged the committee to advance the bill, contending government action is the only way to get Big Tech to respond to rampant child exploitation.
The next National Broadband Plan shouldn't be a 10-year project and shouldn't be assigned solely for the FCC to conduct and implement, said New Street's Blair Levin during a Friday FCBA webinar with panelists who worked on the original National Broadband Plan before it was released as a report to Congress 10 years ago (see 1003170154). Their consensus now is it should be shepherded outside the FCC to gain broader buy-in across government (see 2003030030). Suggestions for NBP ownership included NTIA, the Commerce Department or the White House.
The Senate Commerce Committee divided along party lines over President Donald Trump’s May executive order directing NTIA to petition the FCC for regulations defining the scope of Communications Decency Act Section 230 (see 2005280060). Commerce Chairman Roger Wicker, Miss., and other Republicans noted their concerns about 230. Several emphasized the need for a legislative solution and downplayed Trump’s EO. Also Wednesday, the House Communications and Consumer Protection subcommittees discussed 230 (see 2006240048).
Senate Judiciary Committee Chairman Lindsey Graham, R-S.C., told us he wants to debate encryption and Communications Decency Act Section 230 separately. But Sen. Richard Blumenthal, D-Conn., told us he may seek to clarify at the July 2 markup how their Earn It Act affects encryption (see 2006230006). “I’m going to wait till the markup to determine exactly what amendments are necessary, but I think the impact of the bill on encryption has been way exaggerated and distorted, so if we can clarify it, we may do it,” Blumenthal said.