Brendan Bordelon

Federal Communications Commission and Federal Trade Commission nominees will remain stalled in the Senate for weeks, further jeopardizing progressives’ ambitious technology and telecommunications agendas. Floor votes to confirm FCC nominee Gigi Sohn [Senior Fellow and Public Advocate at the Benton Institute for Broadband & Society] and FTC nominee Alvaro Bedoya may not happen until at least March 2022 due to GOP opposition and the absence of Sen Ben Ray Luján (D-NM).

The tight-knit civil liberties advocacy community has helped shepherd through the most significant reforms to government surveillance over the past decade. But a growing number of experienced civil liberties and privacy activists have taken jobs at major tech companies in recent years, even as the data collection and practices of tech companies and the government come under increasing scrutiny.

With the closure of the National Telecommunications and Information Administration (NTIA)’s public feedback period on how best to allocate an upcoming $48 billion in broadband infrastructure grants, here are some key comments Politico noticed:

Brendan Carr, the senior Republican commissioner at the Federal Communications Commission, said he welcomes what he’s seeing in the

Throughout her 30 years in telecommunications and technology policy, Gigi Sohn has worn many hats—a telecom lawyer, a progressive advocate, a top aide at the Federal Communications Commission, an academic. But if there’s one thread uniting the career of a woman widely viewed as the godmother of progressive tech policy in Washington, it’s her ability to bridge the vast chasms between industry, the advocacy community, and the federal government. “I spend a lot of time building bridges between industry and public interests—and also between the public-interest groups themselves,” Sohn said.

Gov Gavin Newsom (D-CA) may have thought he was throwing privacy advocates a bone when he proposed the creation of a “data dividend” during his state of the state address. The notion that Facebook, Google, and other tech platforms should return a portion of the tremendous wealth that they’ve accumulated through the exploitation of their users’ personal data is a popular one.

Senate Commerce Committee Chairman John Thune said he’s open to funneling a potential tranche of broadband infrastructure funding through the Federal Communications Commission’s Universal Service Fund. “I think the USF could be a way to figure out how we channel and move money in the right direction — get the most lead on the targets, so to speak, to get results,” Thune said following a hearing on how to best allocate funds under a possible infrastructure bill.

On Feb 28, President Donald Trump said he would ask Congress for a $1 trillion infrastructure package, but he did not mention broadband investment. Chairman Thune said that while he believes broadband will ultimately be included in the White House package, “it’s hard to say exactly what their plan might entail.”

Acting Federal Trade Commission Chairman Maureen Ohlhausen said that President Donald Trump’s immigration order will not in any way affect the FTC’s enforcement of the Privacy Shield, a commercial data-transfer agreement negotiated by the United States and the European Union. “We will continue to enforce the Privacy Shield protections, and we hope we will move ahead as planned,” the Republican FTC chief said. “In my opinion, nothing has changed.”

Data protection officials across the EU are reportedly worried that the White House immigration order — or its potential follow-ups — could undermine the 2016 EU-U.S. Privacy Shield, a hard-won agreement safeguarding EU residents’ personal data that is collected and stored by US companies. The pact allows for the free flow of consumer information between US and EU borders, and its weakening could negatively affect economic ties.

Sen Orrin Hatch (R-UT) introduced a sweeping tech-focused agenda that aims to bolster the H-1B visa program, prevent forum-shopping by patent trolls and improve data privacy both at home and abroad. In a speech on Capitol Hill, the Utah Republican addressed the tech community’s concerns about President Donald Trump potentially issuing an executive order that could weaken the H-1B visa program, which many tech employers say they rely on to fill high-skilled positions. Sen Hatch, who’s chairman of the Senate Republican High-Tech Task Force, said it was important for tech leaders to do their part in persuading Trump not to weaken the foreign-worker program, and that includes “not provoking the White House unnecessarily.” He reiterated his close relationship with Trump, and stressed his ability to act as a “bridge” between Silicon Valley and the administration when it comes to the H-1B program and other industry issues. “I know he trusts me,” Sen Hatch said, referring to President Trump. “Then again, I’m not sure he trusts anybody … but I think he does trust me. He knows I’m not going to go around what he’d like to do.”

James Baker, the top lawyer at the Federal Bureau of Investigation, recommended that Congress take a more active role in legislating on US law enforcement’s limited access to encrypted data tied to a criminal investigation. “We don’t want this debate driven by some kind of catastrophe down the road,” Baker said. Baker, the FBI’s general counsel, appeared at an event to discuss a new encryption report issued by the Center for Strategic and International Studies. “The American people, through their elected representatives, have to make a value determination” regarding encryption, he said. “The world is moving forward, and doing nothing is an action, and will result in a particular state of affairs.” “I’m not sure that a commission is going to be able to come up with a kind of granular solution, [a] highly technical solution, promptly, that we can put in place to deal with this,” Baker said.