Lawmakers have recently introduced several pieces of technology legislation that should provide a preview of the issues Congress will focus on in the next session. Unsurprisingly, new rules to protect consumers' privacy online are on of the top priorities for Rep. Zoe Lofgren, D-Calif., and other lawmakers active on the digital front. Lofgren has introduced legislation (HR 6529) that would lay out proposals to update electronic privacy laws in order to protect emails and data from electronic surveillance. She also has a bill (HR 6530) that would create a public-private board to identify threats to the Internet. Meanwhile, Senate Judiciary Chairman Patrick Leahy has pushed his chamber to add similar measures to a bill (HR 2471) that would make it easier for video rental companies to share information on what movies consumers have viewed.
The push for new privacy laws is expected, as Senate Democrats have made noise in recent years that new protections are necessary to ensure consumers' information isn't being exploited online. But it also appears unlikely for such legislation to make its way through a divided Congress, particularly given the GOP's resistance to anything that could be viewed as burdensome for industry. Web companies have been lobbying against any stringent new privacy laws, as they represent a potential threat to the bottom line of companies such as Facebook and Google. Expect a battle similar to the one that grew around cybersecurity, with the White House and Democrats looking to make the case for new regulations with the support of public interest groups, and the Republicans and industry doing everything in their power to slow things down.
One area where new privacy protections do seem possible is when children are concerned, as lawmakers from both parties appear eager to protect minors from questionable content online. Two more bills (S 3609, HR 6480) in front of Congress would reduce the royalty rates for Internet radio services such as Pandora, to bring them in line with cable and satellite stations. That legislation appears unlikely to move this year, as do most tech-related bills. For now, the tech world must wait and review the results of next month's election before the agenda of next year's Congress becomes clearer.
FCC Moves Forward With Spectrum Auction Rules: The FCC took a major step toward holding incentive auctions to transfer spectrum from the TV broadcasters to the wireless carriers during its monthly open meeting Friday. The commission approved a lengthy Notice of Proposed Rulemaking, which solicits comments from interested parties on how the auction scheduled for 2014 should be structured. The CBO estimate the auctions will generate $15 billion, and they are expected to free up 120 MHz of spectrum to help wireless companies satisfy the growing consumer demand for mobile data and video consumption. However, lawmakers representing minority communities have already voiced concern to the FCC about the loss of over-the-air stations in recent weeks, and the wireless companies have said they will need more spectrum that the auction will free up. Expect the administration and FCC to begin work on freeing up a new swathe of government spectrum that companies can share, while simultaneously preparing for what could be one of the last spectrum auctions conducted under the traditional format. Stakeholders Tell Congress to Create National Weather Commission: A broad coalition including private sector companies, professional groups and academics is calling on Congress to create a National Weather Commission to improve weather forecasting. The groups said Thursday at a congressional briefing that such a commission would better predict extreme weather events, which last year caused an estimated $52 billion in damage to the U.S. The push also comes after a National Academy of Sciences report in August recommended the NOAA's National Weather Service do more to partner with private sector organizations involved in weather research. The National Weather Service also found itself in hot water recently for reprogramming funds without Congressional approval, raising concern on the Hill about the agency's leadership. Lawmakers Cling To Hope For Cybersecurity: Despite the Senate's inability to pass cybersecurity legislation this summer, Homeland Security Chairman Joseph Lieberman is still hoping that his legislation (S 3141) has a chance to pass during the lame-duck session before he retires from the Senate at the the end of the year. The Connecticut independent isn't alone in hoping for legislative action on cybersecurity, as House Intelligence Chairman Mike Rogers, R-Mich., is still urging the Senate to act on the information-sharing bill (HR 3523) passed by the House in May. That legislation has industry support, unlike Lieberman's, but has prompted significant concern from privacy advocates. From where we sit, action on either bill seems unlikely, though we would give the House bill a better shot, if privacy protections can be negotiated.