The President’s Council of Advisors on Science and Technology meets Tuesday virtually starting at 11 a.m. EDT to discuss industries of the future and other topics, the Office of Science and Technology Policy announced Friday. OSTP Director Kelvin Droegemeier and Chief Technology Officer Michael Kratsios will speak, along with representatives from the private sector, including IBM.
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Antitrust enforcers should investigate whether Google is violating antitrust law through exclusive contracts making the platform the default search engine for cellphone manufacturers and online content providers, Public Knowledge wrote DOJ and state attorneys general Thursday. “Lack of competition in search harms consumers and advertisers, as well as other search providers and potential entrants,” PK wrote. “Years of stagnation caused by a lack of competition have likely had harmful effects that are broad and difficult to quantify.” DOJ, Google and the office of Texas Attorney General Ken Paxton (R) didn’t comment. Paxton, who PK addressed in the letter, is helping lead an antitrust investigation of Google (see 2004220067).
The FTC approved a proposed rule this week 4-1 to boost authority to impose penalties for “Made in USA” labeling violations and apply those rules to online advertising and marketing materials. The proposal would prohibit any Made in USA claims on products unless their "final assembly or processing" occurs in the U.S. It would stipulate all "significant processing that goes into the product" must happen domestically and that all its components must be produced in the U.S. The regulations would supersede state Made in USA laws, unless those rules are more stringent than the proposed federal standard. The FTC has never issued Made in USA regulations, instead directly enforcing provisions of the FTC Act that prohibit false labeling claims. Commissioner Noah Phillips' dissent said the move exceeds the agency's authority. Commissioner Rohit Chopra said he "would have preferred a broader prohibition on Made in USA fraud," but "the proposed rule strikes a reasonable compromise." Commissioner Christine Wilson said the "NPRM seeking comment does not prejudge the outcome of the process, which must observe the boundaries of our statutory authority."
NTIA will hold a virtual meeting on the multistakeholder process for promoting software component transparency (see 1904010057) at noon EDT July 9, said Thursday’s Federal Register.
The U.S. should “reaffirm its commitment to voluntary global standards that are open and that facilitate the interoperability of communications and information devices and apps,” CTA asked NTIA as the U.S. prepares for ITU’s 2020 World Telecommunication Standardization Assembly. Others said the U.S. should oppose any push to expand ITU work, in comments posted Tuesday. ITU shouldn’t “duplicate, replace, or interfere with existing efforts, particularly with respect to issues outside the ITU’s core mission,” CTA said. “The consumer technology marketplace is innovative and competitive here and worldwide," the group said: “The current voluntary global standards process reflects this competitive environment by promoting innovation and flexibility while providing for interoperability and security.” Oppose a “new IP” proposal before WTSA, the Telecommunications Industry Association said. Proponents Huawei and the Chinese government say the proposal “promises to provide better support for heterogeneous networks that more efficiently combine satellite and terrestrial signals, deliver better performance, increase security, and support futuristic applications,” TIA said. The proposal duplicates work underway by standards bodies, “poses practical and technical challenges,” and “works against the multi-stakeholder approach to the Internet,” TIA said. “There is a concerning trend with respect to the ITU pursuing standards work outside of its mandate, which duplicates work being done in more appropriate fora,” Computer & Communications Industry Association commented: “Duplication can lead to fragmentation of the Internet and hinder further development of new technologies.” Streamline the number of technical ITU study groups, CCIA advised. ACT|The App Association also warned against more regulation. “While larger corporations may be more equipped to absorb the costs associated with unnecessary regulations and trade barriers to market access, small businesses that cannot afford these expenses are effectively excluded from these markets,” ACT said. Most proposals likely at WTSA aren’t “areas of expertise” and shouldn’t be on the agenda, the Information Technology Industry Council said: “ITI would not support the exploration of new study groups and instead supports the continued consolidation of study groups that are no longer relevant or duplicative.” WTSA-20 is "an opportunity for the U.S. government and our allies to ensure that the ITU does not expand its jurisdiction and remains focused on its existing mandate and core competencies,” the U.S. Chamber of Commerce said. NTIA sought comment in May (see 2005080023). WTSA-20 is scheduled for Hyderabad, India, Nov. 17-27.
The FCC's decades-old prohibition on presale or conditional sale of RF devices, except to wholesalers and retailers, is "past its prime in today’s commercial marketplace," blogged Commissioner Mike O'Rielly Tuesday. Kickstarter presale of devices shows consumers want the option, he said, adding there's no discernable harm if a device is marketed before OK, and delivered to consumers after approval. That would let manufacturers gauge consumer interest before putting money and time into getting regulatory yes, he said. He urged an exception for advertising and retail display preparation purposes to FCC import rules for foreign-made RF devices that haven't received the agency's nod.
The Commerce Department Bureau of Industry and Security allowed more time for comments on an information collection about technology letters of explanation, until June 15, said Friday's Federal Register. The letters provide assurance to BIS and require the “consignee” to certify an export involving controlled technical data won't be released to blocked countries. BIS requested comment in February.
YouTube illegally deceives users by “allowing violent murder videos” to spread in violation of its terms of service, gun safety advocate Andy Parker alleged in an FTC complaint Thursday. The agency confirmed it received the complaint, and Google defended its “vigilant” policy enforcement record against such content. Google’s “reprehensible and ongoing failure” to remove these monetized videos from YouTube is illegal under the FTC Act, which polices unfair and deceptive practices, Parker said at the National Press Club. Parker’s complaint stems from a video of his 24-year-old daughter, a reporter who was assassinated on live TV in 2015 (see 2002030059). He told us he’s also floating legislative proposals to the offices of Sens. Mark Warner and Tim Kaine, both Virginia Democrats. He planned to meet with their offices after the news conference to discuss proposals that would amend Section 230 of the Communications Decency Act to address “targeted harassment, hate speech and murder videos.” Google’s Community Guidelines are “designed to protect the YouTube community, including those affected by tragedies,” a spokesperson said. Policies prohibit such videos, and the platform has removed thousands of copies of the video for violating policies, the spokesperson said: “We will continue to stay vigilant and improve our policy enforcement.” Georgetown University Law Center's Civil Rights Clinic helped Parker file the complaint. A separate Georgetown clinic filed a 2018 complaint against Google involving child-directed content. That proceeding resulted in a $170 million fine against Google from the FTC and the Office of the New York Attorney General (see 1909040066). Offices for Kaine and Warner didn't comment.
The Commerce Department doesn’t have a timeline for releasing its next set of controls on emerging technologies and its advance NPRM for foundational technologies, despite expectations from top officials both would be published before 2020 (see 1912110040), a Bureau of Industry and Security official said Tuesday. “I would have thought that they would be out earlier,” said Hillary Hess, director of BIS’ regulatory policy division, at a Sensors and Instrumentation Technical Advisory Committee meeting. “I think everybody would like to see them come out, but I’m not sure how long it’s going to take. I’m having trouble getting a bead on it myself.” Interagency working groups are reviewing the proposed emerging technology controls, which include potential restrictions on exports of artificial intelligence and robotics items, Hess said. Although BIS published a January interim final rule that placed export controls on geospatial imagery software, that rule stemmed from existing export administration regulations process in place since 2012, Hess said. “None of [the working group] rules have been published yet.” Hess said the ANPRM for foundational technologies is in internal review.
Platforms should be able to “rebut” the presumption viewers of youth-directed online content are underage, the Association of National Advertisers said. The commission collected comment in FTC-2019-0054 this week on reviewing the Children’s Online Privacy Protection Act rule (see 1912120062). Platforms shouldn’t be required to investigate user ages, ANA said: That "would be contrary to the ‘actual knowledge’ standard set forth in the COPPA statute, and would limit the ability of operators to offer such platforms (particularly smaller platforms).” Consumer groups say viewers of kid content should all be assumed to be under 13. TechFreedom sought clarifying the definition of “child-directed” content, asking to “reject the notion that merely ‘appealing to children’ or being ‘attractive to children’ qualifies as ‘child-directed,’ as COPPA requires.