Innovation, Data, and Commerce

Americans Support a National Data Privacy Standard The American Privacy Rights Act puts people in control of their own data, gives Americans enforceable data privacy rights, and eliminates the patchwork of state laws. Americans overwhelmingly support stronger data privacy protections, which would protect people, especially children, from Big Tech and other companies who are exploiting our personal information to target and manipulate us. On Wednesday, April 17, the House Energy and Commerce Committee held a legislative hearing to discuss the bipartisan, bicameral data privacy legislation along with other proposals to protect kids online. As Chair Cathy McMorris Rodgers (R-WA) said , “ Right now, the average American spends nearly seven hours online a day, with two and a half hours of that time being spent on social media platforms. “The consequences range from increased suicide rates and depression, to increased polarization and loss of trust in our institutions. All the while, these companies are collecting nearly every data point imaginable which they use to then control what we see and when we see it.” [...] “Many companies are using their control over our data to erode people’s agency, their rights, and their identity. It’s time for that status quo to change.”   [...] “Congress has been trying to develop and pass comprehensive data privacy and security legislation for decades. With the American Privacy Rights Act, we are at a unique moment in history where we finally have the opportunity to imagine the internet as a force for prosperity and good.”   Every witness at our hearing agreed: This is Congress’s best chance to establish comprehensive data privacy protections. Watch:   Kara Frederick, Director of the Tech Policy Center at the Heritage Foundation , said, “I firmly believe the issue before us, data privacy, is the lynchpin upon which every piece of tech policy legislation will hinge.” [...] “Nowadays, when you give your kid a smartphone, you are not giving your kid access to the world, you are giving the world access to your kid.”   A key focus of the hearing was how the algorithms developed by these companies are designed to hold our attention, a feature that has been particularly harmful to kids. We have all heard countless stories of children being targeted with content that can lead to dangerous, life-threatening behaviors, which is why parents across the country overwhelmingly support stronger online protections for their children. Last week, members heard from Ava Smithing , who experienced first-hand the way that a large-scale collection of data can tailor algorithms to exploit kids’ vulnerabilities.  Watch Ava talk about the need for data minimization in order to protect kids online: Rep. Jeff Duncan (R-SC) asked the witnesses “Who is the greatest threats to Americans’ data security?” They answered that the top threats are individuals who are using data to scam and steal from Americans, foreign adversaries, like the Chinese Communist Party, and Big Tech companies.  Rep. Tim Walberg (R-MI) asked Kara Frederick about creating specific privacy protections for children. She replied that “children's consciences are not properly formed before these companies are going at them.”  Rep. John James (R-MI) and Witness Katherine Kuehn of the National Technology Security Coalition also talked about how important the American Privacy Rights Act is for seniors.

The House Energy and Commerce Committee is leading to advance the American Privacy Rights Act , which establishes strong data privacy protections for people of every age in every state. Last week, the Committee held a legislative hearing to consider data privacy and security proposals that eliminate the existing patchwork of state laws, protect children online, set clear national data privacy rights, and give Americans the ability to enforce their privacy rights.  Kara Frederick, Director of the Tech Policy Center at the Heritage Foundation, said this on Fox & Friends about the American Privacy Rights Act : “This is the moment. This is the first time the United States could actually pass a national data protection framework which protects us, young and old. [The American Privacy Rights Act] is the thing we should be training our focus on because it underpins everything that kids can do on social media and every predation that Big Tech can train on young children.” Politico Pro – Morning Technology: “ On the same page: One area of consensus was APRA’s data minimization standard [...] which requires a company to only collect the information that’s necessary to provide its services to users.  “Five out of the six witnesses Wednesday said data minimization is the most essential provision in APRA.  “This provision would be a shift from the current data collection model of 'notice and consent,' where companies can collect and use data for purposes disclosed in their privacy policies unless a person opts out.”  [...]  “APRA even came up when the discussion switched to bills about children’s safety online, including the Kids Online Safety Act and the Children and Teens Online Privacy Protection Act (COPPA 2.0). Companions to both bills have advanced out of the Senate Commerce Committee and are awaiting a Senate floor vote.” Washington Post: “House lawmakers pledged to take swift action on data privacy and children’s online safety at a key legislative hearing Wednesday.” [...] “Members of the House Energy and Commerce Committee touted the breakthrough deal struck by Chairwoman Cathy McMorris Rodgers (R-Wash.) and Sen. Maria Cantwell (D-Wash.) as a significant step forward in the debate over privacy protections. Several expressed confidence that Congress will finally get a national law on the books after years of false starts. “'I’m fired up. We’ve got to get this done,’ said Rep. Gus M. Bilirakis (R-Fla.), whose subcommittee held the hearing. ‘I’m fired up, too. […] We do need to get this done,’ echoed Rep. Frank Pallone Jr. (D-N.J.).” The Verge: “Legislators are ‘fired up’ about what they see as an actual chance at passing comprehensive privacy reform.  “ We might really do it this time. “That was the takeaway that House lawmakers were eager to impart at a hearing in the Energy and Commerce subcommittee on innovation, data, and commerce (IDC). Comprehensive data privacy legislation is on the table yet again—but this time, it’s different.” [...] “Comprehensive privacy protection has been a shared bipartisan goal for years but has failed to become law due to disagreements on the finer points: Should they preempt state legislation that’s provided some baseline protections in the absence of federal ones? Should individual consumers have a private right of action to sue for violations of their data rights? “This is the closest that Congress has gotten to advancing comprehensive privacy legislation in some time.”  Read more coverage from Yahoo News , The National Desk , and Inside Radio . CLICK HERE to watch Chair Rodgers on NewsNation discussing the American Privacy Rights Act .

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Ranking Member Frank Pallone, Jr. (D-NJ) praised the inclusion of H.R. 7520, the Protecting Americans’ Data from Foreign Adversaries Act of 2024, and H.R. 7521, the Protecting Americans from Foreign Adversary Controlled Applications Act, in the 21 st Century Peace Through Strength Act that passed the House today. “These bills are the result of diligent and bipartisan work to protect Americans’ data and address the serious national security threat posed by our adversaries. Today’s vote is a clear victory for protecting Americans online and off, but there is still work to be done,” said Chair Rodgers and Ranking Member Pallone. “Companies and bad actors are collecting troves of our data unchecked and using it to exploit, monetize, and manipulate Americans of all ages. This cannot be allowed to continue, which is why today’s actions are an important step forward as the Energy and Commerce Committee continues to work together on tech accountability measures.”

Washington, D.C. — House Energy and Commerce Committee (E&C) Chair Cathy McMorris Rodgers (R-WA), E&C Subcommittee on Communications and Technology Chair Bob Latta (R-OH), E&C Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA), E&C Subcommittee on Innovation, Data, and Commerce Chair Gus Bilirakis (R-FL), and House Select Committee on the Chinese Communist Party, launched an investigation into grants made to an AI scientist at the University of California, Los Angeles (UCLA) with ties to the Chinese Communist Party (CCP).  The Chairs made requests for documents to UCLA, the National Science Foundation (NSF), and the U.S. Department of Defense (DOD).  BACKGROUND :  On November 1, 2023, a Newsweek investigation found that the federal government awarded at least $30 million in federal research grants led by Mr. Song-Chun Zhu, who is now “at the forefront of China's race to develop the most advanced artificial intelligence.”  The investigation further revealed the NSF and DOD continued funding Mr. Zhu even as he “set up a parallel institute near Wuhan, took a position at a Beijing university whose primary goal is to support Chinese military research, and joined a CCP ‘talent plan’ whose members are tasked with transferring knowledge and technology to China.”  In particular, Newsweek found that the project once led by Mr. Zhu received $1.2 million in two grants from the Office of Naval Research in 2021, the year following his departure to China.  KEY LETTER EXCERPT:   “Mr. Zhu has openly discussed how if China takes the lead in developing a ‘truly universal intelligence,’ then it will ‘become the winner of the international technology competition.’ He has also referred to the AI race as being equivalent in military importance to the race for the atomic bomb. In a period of intensifying geopolitical competition with the CCP, ceasing federal government support for Chinese AI development is a critical national security imperative.”  CLICK HERE to read the letter to UCLA Chancellor Gener Block.  CLICK HERE to read the letter to NSF Director Sethuraman Panchanathan.  CLICK HERE to read the letter to Defense Secretary Lloyd Austin. 

Washington D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Innovation, Data, and Commerce Subcommittee Chair Gus Bilirakis (R-FL), on behalf of subcommittee Republicans, sent a letter to China-based e-commerce companies raising concerns over data privacy and security risks for American users, the counterfeit products flourishing on these platforms, and reports of horrific human rights abuses.   BACKGROUND:   China-based e-commerce marketplaces, like TikTok, TaoBao, Pinduoduo, Temu, Alibaba, AliExpress, and Shein, have recently increased in popularity in the U.S.  The Chinese Communist Party (CCP) requires that all Chinese tech companies allow the CCP to access all user information, raising serious data privacy and security concerns for Americans using these platforms .  These marketplaces commonly offer “knock off” versions of products, which often undermine intellectual property laws.  Furthermore, reports have alleged that some of the sellers on these platforms may have committed egregious human rights violations, including the use of forced labor and the selling of products, like wigs, that use hair from Uyghur women forced to shave their heads.  KEY LETTER EXCERPTS:   “The rise in popularity of apps and marketplaces like, TikTok, TaoBao, Pinduoduo, Temu, Alibaba, AliExpress, and Shein, has resulted in sharp public scrutiny regarding the business practices of these companies.”  […]  “Lax policies and practices are leaving American’s data at risk of theft, leading consumers to unknowingly purchase counterfeit goods. In addition to these lax policies and practices, it is important to ensure that supply chains are free of forced labor.”  The Chairs asked companies to respond to the following questions by January 12, 2024:   Please outline the steps taken to delete personal data when requested or ordered by a user, the parent of a user who is a minor, or others authorized to make such a request.  What protections do you have in place to prevent children from spending large amounts of money on your platform?  What data practices do you require of your third-parties?  What data practices do you require of your service providers?  Please individually confirm you are not collecting or compiling the following information:  Religious beliefs;  Political opinions;  Genetic data;  Biometric data;  Data concerning health;  Data concerning racial or ethnic origin;  Data about minors.  Similar to ByteDance, does your company have an internal CCP Committee?  Please document all meetings, communication, or interactions you—or any other senior company executives—have had with members of the Chinese government or the CCP while serving as officers.   Can you provide a complete software bill of materials for all components and components of the components in the mobile app? Please include the developer information and country of origin for all listed components.  Where does your company store the signing key for iOS and Android applications? How is access to the signing keys managed, and who are the developers with access to the signing keys for the mobile application?  Please detail the data security and protections you have to prevent unauthorized access to such signing key.  How frequently is your mobile app or backend security tested? Are they tested by US personnel? To what security standard are they tested?  How frequently is user location data transmitted? Within how many feet is this location data measured?  What compliance procedures do you have in place to ensure compliance with the INFORM Consumers Act ?  We have heard employees of companies associated with the Chinese government, such as TikTok, disagree with notion that Uyghur people are facing a genocide in the Xinjian region of China. Do you agree that there is a genocide occurring in the Xinjiang region of China?  Are you aware of the PRC’s persecution of the Uyghur people, including the reports that Uyghur women’s heads have been shaved to be used for products that are shipped into the U.S.?  Are there products using natural hair that originate in the Xinjiang region available on your e-commerce marketplace?  Are there any other products that have originated from, or contain components or material that originated from the Xinjiang region?  Given the human rights abuses occurring in the Xinjiang region, do you require any additional steps or increased scrutiny for products coming from such region?   If yes, please explain.   Can you unequivocally state that your supply chain is free of forced labor?  What steps are you taking to ensure that your supply chain does not include forced labor?   CLICK HERE to read the full letter to TikTok.  CLICK HERE to read the full letter to Whaleco Inc.  CLICK HERE to read the full letter to Alibaba.  CLICK HERE to read the full letter to Shein. 

Letter comes after Eventbrite censored conservative event while permitting pro-Hamas events Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Subcommittee on Communications and Technology Chair Bob Latta (R-OH), Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA), and Subcommittee on Innovation, Data, & Commerce Chair Gus Bilirakis (R-FL), along with Senate Commerce, Science, and Transportation Committee Ranking Member Ted Cruz (R-TX) today wrote Eventbrite President and CEO Julia Hartz. The letter raises concerns over Eventbrite’s enforcement practices. BACKGROUND :  On October 23, 2023, Eventbrite removed an event listing titled, “Protecting Women’s Sports with Riley Gaines,” from its platform.    This event was intended to be a public forum for participants, including female athletes, to express issues, experiences, and consequences of biological males competing in their competitions.  Eventbrite listed “Rahm 4 Palestine (GAZA): Talk & Dinner,” scheduled for October 27, featuring a headline speaker who, after the October 7 Israeli massacre, using his verified X account, publicly posted antisemitic messaging that was viewed more than 1 million times.  A sold-out conference scheduled for November 10 in Washington, D.C., “Palestine Center 2023 Annual Conference,” was promoted on Eventbrite.    In advertising this event, organizers referred to the country of Israel as “Israeli apartheid” under Eventbrite’s “About this event” tab.  KEY LETTER EXCERPTS :  “In the last few weeks, Eventbrite, it seems, has selectively enforced its terms of service by removing some events while allowing potentially violative events to remain on the site. We raise the issues below not to dictate or remove events and users from your marketplace, but to better understand your Community Guidelines enforcement process .”  […]  “We struggle to comprehend the rationale for removing this event, while other Eventbrite listings that seemingly violate several of Eventbrite’s Community Guidelines remain live, including some that feature speakers espousing allegiance to entities designated by the U.S. Government as foreign terrorist organizations.”  […]  “Because Gaines’s promotion of the widely held view to preserve women’s athletics starkly contrasts with events on Eventbrite featuring speakers sympathetic to mass murder, this leads us to wonder if pro-terrorist and antisemitic events and event speakers do not plainly violate Eventbrite’s prohibition of content that would ‘discriminate against, harass, disparage, threaten, incite violence against, or otherwise target individuals or groups based on their actual or perceived race, ethnicity, religion, national origin.’ We seek information on what metrics Eventbrite uses to enforce its Community Guidelines on selected issues such as women’s athletics versus terrorism and antisemitism .”    CLICK HERE to read the full letter.