Bipartisan bill would expand US data collection transparency requirements

A bipartisan group of legislators today introduced bills in the House and Senate that would expand transparency requirements when it comes to government surveillance of US citizens, adding email, text, location and cloud data to the existing reporting framework. Currently, the US government is required to alert Americans who have been targeted by wiretaps and bank record subpoenas, but this doesn’t apply to digital or cloud data. The Government Surveillance Transparency Act aims to adjust the parameters of this rule, expanding it to cover more common, modern forms of digital communication and data storage.

The Senate bill is sponsored by Oregon Democrat Ron Wyden, Montana Republican Steve Daines, New Jersey Democrat Cory Booker and Utah Republican Mike Lee, while a companion bill in the House of Representatives is backed by California Democrat Ted Lieu and Ohio Republican Warren Davidson. They argue that hundreds of thousands of criminal surveillance orders from US authorities go unreported each year, keeping Americans in the dark about the broad scope of government monitoring programs.

The bill also addresses the government’s use of gag orders to halt technology companies from informing their customers of surveillance campaigns. While many tech companies have tried voluntarily reporting government subpoenas and data requests to their customers, authorities have used gag orders to keep these campaigns secret, according to the legislators.

“When the government obtains someone’s emails or other digital information, users have a right to know,” Wyden said in a press release. “Our bill ensures that no investigation will be compromised, but makes sure the government can’t hide surveillance forever by misusing sealing and gag orders to prevent the American people from understanding the enormous scale of government surveillance, as well as ensuring that the targets eventually learn their personal information has been searched.”

Alongside reforms to notification requirements and the gag-order process, the legislation would force authorities to publish online general information about every surveillance order they complete. It also would require law enforcement to notify the courts if they search the wrong person, house or device in the scope of an investigation, and also if a company shares unauthorized information.

Congressional bills would ban tech mergers over $5 billion

Senator Elizabeth Warren has long made clear that she’s no fan of Big Tech, and her latest legislation proves it. She and House Representative Mondaire Jones have introduced legislation in their respective congressional chambers that would effectively ban large technology mergers. The Prohibiting Anticompetitive Mergers Act (PAMA) would make it illegal to pursue “prohibited mergers,” including those worth more than $5 billion or which provide market shares beyond 25 percent for employers and 33 percent for sellers.

The bills would also give antitrust regulators more power to halt and review mergers. They would have authority to reject mergers outright, without requiring court orders. They would likewise bar mergers from companies with track records of antitrust violations or other instances of “corporate crime” in the past decade. Officials would have to gauge the impact of these acquisition on labor forces, and wouldn’t be allowed to negotiate with the companies to secure “remedies” for clearing mergers.

Crucially, PAMA would formalize procedures for reviewing past mergers and breaking up “harmful deals” that allegedly hurt competition. The Federal Trade Commission has signalled a willingness to split up tech giants like Meta despite approving mergers years earlier. PAMA might make it easier to unwind those acquisitions and force brands like Instagram and WhatsApp to operate as separate businesses.

The act isn’t strictly focused on tech, but Warren made clear that industry was a target. She cautioned the FTC on Amazon’s proposed buyout of MGM Studios, and challenged Lockheed Martin’s since-abandoned attempt to buy Aerojet Rocketdyne.

If it becomes law, PAMA would ban the Amazon-MGM union (worth over $8.4 billion), Microsoft’s Activision deal ($68.7 billion) and relatively modest acquisitions like Google’s planned buyout of Mandiant ($5.4 billion). Tech firms would largely have to focus on acquiring ‘small’ companies, and would largely have to forego deals meant to expand market share or otherwise cement dominance in a given market.

However, there are obstacles that might prevent PAMA from reaching President Biden’s desk. Both the Senate and House bills have no Republican cosponsors — they’re either Democrats or left-leaning independents like Senator Bernie Sanders. That’s enough to clear the House, but the Senate bill could fail if it doesn’t obtain total support from sitting Democrats. As such, this may represent more of a declaration of Democrats’ intentions than a fundamental change in regulatory policies.

Senate committee advances FCC nominee Gigi Sohn

The Senate will vote on the nominations of Gigi Sohn to the Federal Communications Commission and Alvaro Bedoya to the Federal Trade Commission, respectively. The Senate Commerce Committee moved forward their nominations, though the 14-14 tie means there will be an additional procedural step for each before a full Senate vote.

Democrats and Republicans each have 50 senators though Vice President Kamala Harris has a tie-breaker vote. Should Sohn and Bedoya be confirmed as commissioners, the Democrats will hold a majority in both the FCC and FTC.

The committee delayed a vote on the nominations after Sen. Ben Ray Luján (D-NM) suffered a stroke in January. Luján, whose vote was needed for Democrats to move the nominations forward, has since returned to work.

President Biden nominated Sohn at the same time he put forward Jessica Rosenworcel as FCC chair in October. While the Senate approved Rosenworcel’s permanent appointment in December, Sohn’s appointment has taken longer. As such, the FCC has been deadlocked at 2-2 along party lines, leaving Rosenworcel unable to, among other things, advance a net neutrality policy.

Opposition to the nomination of Sohn, a longtime advocate for net neutrality, has come from a number of quarters, including the Directors Guild of America. The group urged senators to vote down Sohn’s nomination due to her “hostility towards copyright law.” Sohn was previously on the board of Locast, a defunct service that rebroadcast over-the-air TV broadcast signals via the internet. She said she’d recuse herself from issues concerning retransmission consent and broadcast copyright.

In confirmation hearings, Republicans portrayed Sohn as an extreme partisan. She hit back at those assertions, arguing that she had been subject to “unrelenting, unfair and outright false criticism and scrutiny.”

The FTC, meanwhile, is in the process of reviewing some significant proposed mergers. According to reports, those include Amazon’s planned buyout of MGM and Microsoft’s bid to acquire Activision Blizzard. Reports suggest the FTC is mulling an antitrust challenge to block the Amazon-MGM deal, though it would need a majority vote to proceed with a lawsuit.