Upcoming policy issue

Facebook now faces investigations into its business practices from a variety of federal agencies. Officials have opened inquiries into possible civil and criminal violations of laws related to privacy, corporate governance and discrimination. Facebook has largely denied wrongdoing in each of the investigations and said it was cooperating with regulators and law enforcement. Here are the agencies looking into Facebook, and some of the issues involved.

Washington policymakers and advocates are reacting to news that the Federal Communications Commission will propose to cap the Universal Service Fund.

FCC Commissioner Geoffrey Starks took to Twitter: "How can we talk about capping our Universal Service programs at a time when the Commission doesn’t seem to have a good handle on who currently has broadband and who does not?" 

The Benton Foundation unequivocally opposes any proposals from the Federal Communications Commission that would allow the FCC to shirk its responsibilities to meet its Congressionally-mandated mission. The FCC is supposed to ensure:

Count Federal Communications Commissioner Jessica Rosenworcel and Sen. Ed Markey (D-MA) as critics of a proposal from FCC Chairman Ajit Pai to explore a spending cap on telecommunications subsidies to expand telephone and broadband access. “Any effort that could harm classroom learning, broadband deployment, rural health opportunities, or connecting more individuals should be shelved and never considered again,” said Markey said of the FCC proposal, which would target Universal Service Fund programs.

Regulating big tech is quickly becoming a central theme of the 2020 presidential race. But many of the tech-industry insiders I spoke with, including some who agree with Sen Elizabeth Warren (D-MA) that the big companies are too powerful, cautioned that some of the details in her proposal were too vague, and could backfire if put into effect as written. Warren’s plan is a bold first stab at reform, and some of her proposals make a lot of sense. But I’d offer a few edits.

The Trump re-election campaign’s wireless open access proposal was a poorly vetted scheme possibly intended to score political points. It was squelched almost immediately after it became public, as shocked White House staff members complained that it contradicted the administration’s support for competing wireless networks. The twist? Open access wireless is actually a terrific idea.

In the weeks ahead, we will continue to bring legislation to the Floor that puts the American people first. On March 6, we will launch the Save The Internet Act, working with Senate Democrats to introduce legislation to restore Net Neutrality at 11:15 a.m. in the Rayburn Room of the US Capitol. The text of the proposed legislation has not been released.

In 2018, Congress set the stage to pass a sweeping consumer data-privacy law in 2019, but prospects for legislation are dimming amid sharpening divides among lawmakers over how far the federal government should go in reining in Big Tech. Silicon Valley and its Republican allies are pushing for a national standard that would override state regulations—including California’s landmark 2018 law, which broadens the definition of personal information and gives consumers the right to prevent their data from being sold.

Senate Commerce Committee leaders signaled they do not expect to unveil a draft privacy bill along with the committee’s hearing on Feb. 27. “There won’t be any unveiling,” said Committee Chairman Roger Wicker (R-MS). “But I know a lot of people are working hard on various approaches.” Sen. Jerry Moran (R-KS) echoed the remarks. “I don’t think it’s that close,” he said of the prospects of a draft bill unveiling at the hearing. Still, Sen. Richard Blumenthal (D-CT) said the panel’s working group has made “steady progress.”

The Federal Trade Commission is supposed to be the US government’s top Internet privacy cop. But a new Government Accountability Office report report raises questions about whether the agency has the resources and authority it needs to protect consumers. In the past decade, the FTC has filed just 101 enforcement actions regarding Internet privacy. While nearly all of the actions resulted in settlements that required companies to take action, in most cases the FTC didn’t have the authority to issue fines.