Today's vote on the cybersecurity bill could prove decisive, even fatal, as lawmakers scramble to work out their differences on the legislation. Despite several meetings Wednesday to negotiate an agreement , senators ended the day without a deal. The Obama administration tried to rally support for the measure (S 3414), yet as the vote looms, the odds of Senate passage before next week's recess remain slim. While the disagreements over the substance of the bill are longstanding, the more recent controversy over procedure has given both supporters and opponents of the legislation a convenient scapegoat should it fail.
Supporters can blame the Chamber of Commerce and Senate Republicans for preventing progress on a key national security issue by flooding the debate with amendments, many of which are not germane, including a push by Republicans to repeal the 2010 health care overhaul. Opponents could point out that bringing the bill to the floor in the final week of the session hardly jibes with the priority that Senate leadership and the White House have ascribed to cybersecurity.
Bringing the bill to the floor even two weeks ago, as Senate Majority Leader Harry Reid had previously planned, would have given the chamber enough time to wade through the more than 100 amendments currently on the table. The delay is probably a better reflection of the importance Congress places on cybersecurity, rather than the heated rhetoric of recent weeks. Many in Congress consider passing new cybersecurity laws to be one of the most important issues they face, but it's not important enough to place ahead of anything that may have had an impact on voters heading into the fall election.
Waxman Applauds Verizon, FCC Consent Decree: The Federal Communications Commission is requiring Verizon Wireless to pay a $1.25 million fine and change its policies after the company was found violating the terms of the spectrum block it uses for its 4G LTE network. Verizon had asked Google to take down certain programs from its application store that allowed consumers to tether, or share, their wireless connection with other devices. When the wireless carrier took over the C block, it had agreed not to restrict access to any applications or devices.“I’m pleased to see the FCC take action to ensure Verizon is living up to the openness conditions required in the 700 Mhz C Block," House Energy and Commerce ranking member Henry A. Waxman, D-Calif., said in response. "Consumers deserve the right to use the wireless device and applications of their choosing and innovators need rules of the road to continue to invest in new products and services. The FCC must continue to remain vigilant in enforcing its rules that protect consumers and promote innovation and competition online.”
Internet Sales Tax May Move in Lame Duck: Senate Commerce Committee Chairman John D. Rockefeller IV gave a powerful endorsement to Internet sales-tax legislation (S 1832) during a hearing on the measure Wednesday. The West Virginia Democrat urged colleagues to support the bill that could help cash-strapped states recover tax funds and balance budgets. Following the hearing, Rockefeller told reporters he hopes the legislation can pass by the end of the year, perhaps in the lame-duck session. But the bill faces opposition from senators from states without a sales tax, who argue that it would unfairly impose new regulations on businesses in their jurisdictions. Opponents include Sens. Kelly Ayotte, R-N.H., Mark Begich, D-Alaska, and Ron Wyden, D-Ore. FTC Moves to Update Children's Privacy Act: The Federal Trade Commission announced Wednesday plans to modify the Children's Online Privacy Protection Act (COPPA) that, absent broader online privacy legislation, serves as the strongest law regulating Internet privacy. The agency proposed modifications to clarify that third-party data collectors and website operators are equally liable if parental consent is not obtained before tracking Web users under the age of 13. Public advocacy group Consumers Union praised the effort, saying it provides clarity and protection for the Internet's youngest users: "The additional modifications proposed by the FTC today would close some loopholes and give parents the peace of mind that their children aren't being tracked on websites designed for kids without permission." Quotable: “The administration has repeatedly urged Congress to pass comprehensive cybersecurity legislation to protect the American people from the growing danger of cyberthreats. The risks to our nation are real and immediate ... We have continually made clear that we are open to alternative approaches so long as Congress gives our professionals the legislative tools they need to address cybersecurity risks to our critical infrastructure without sacrificing privacy and civil liberties." — John Brennan, assistant to the president for homeland security and counterterrorism, pressing Congress to pass the bill.