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Congress

House Subcommittee Weighs Consequences of New Obama Cybersecurity Proposal

WASHINGTON, May 27, 2011 – House Subcommittee members received answers long on ideas but short on specifics when they probed Obama administration officials during a hearing Wednesday on the President’s cybersecurity review.

The House Judiciary Committee Subcommittee on Intellectual Property, Competition, and the Internet explored the ramifications of the Obama administration’s Cyberspace Policy Review in an oversight hearing that featured two witness panels representing federal and private interests.

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WASHINGTON, May 27, 2011 – House Subcommittee members received answers long on ideas but short on specifics when they probed Obama administration officials during a hearing Wednesday on the President’s cybersecurity review.

The House Judiciary Committee Subcommittee on Intellectual Property, Competition, and the Internet explored the ramifications of the Obama administration’s Cyberspace Policy Review in an oversight hearing that featured two witness panels representing federal and private interests.

The first panel of witnesses testified that the proposed measures would clarify any existing Department of Homeland Security and Department of Justice authority regarding information sharing. The proposed measures would help keep consumers informed of what happens with their data in the case of a software system security breach. Additionally, the proposed measures would potentially grant immunity from civil liability to private sector entities that share information with government law enforcement agencies.

Rep. Mel Watt (D-NC) expressed concern, however, that the proposal might allow government encroachment on personal privacy if corporate software systems that contain personal data were compromised. Members also voiced concern that the proposal might limit private sector cybersecurity capabilities and preempt stronger state laws already in place.

“Despite the fact that the Federal sector grabs the headlines, in many respects it really is the private sector that stands on the front lines of cybersecurity,” said Subcommittee Chairman Rep. Bob Goodlatte (R-VA) in his opening statement.

Subcommittee members and private sector witnesses echoed a desire to avoid the creation of what has been referred to by critics as a government controlled Internet “kill switch.” The term references the method by which Egyptian government authorities shut down that nation’s Internet access in an attempt to control political unrest during uprisings earlier this year.

While legislators unsuccessfully introduced a measure earlier this year that would have authorized the shutdown of critical computer systems by the President in the event of a national cyber emergency, no such recommendation was included in the instant proposal.

Subcommittee members also expressed skepticism at the panel’s inability to give specifics to several questions, such as defining terms like ‘critical infrastructure’ and ‘critical information infrastructure.’ It was also not clear which large industries should be excluded from the measures.

Also, it was not clear to members which agency in the Executive Branch had final authority if the newly proposed measures were made into law.

“We have three government agencies testifying, but who’s really in charge of this?” asked Rep. Mel Watt (D-NC). “Who’s running the show?”

“The proposal [the administration] put forward reflects a whole of government approach,” replied James Baker, Associate Deputy Attorney General of the Department of Justice. “The Department of Justice will work to get the right people in front of you.”

Additionally, the new measures would not only clarify existing DOJ and DHS authority, but it would expand authority to prosecute cyber crime in the same manner as organized crime.

“Increasingly, cyber crimes are committed by groups who are organized, “said Baker. “We think we can use RICO to go after those people those people.”

Officially known as the Racketeer Influenced and Corrupt Organization Act, RICO is a United States federal law that allows for the prosecution and penalization for acts committed as part of an organized crime syndicate.

“They are well-organized, they are a threat to the country, and they are effective,” said Baker.

Josh Peterson is a DC-based journalist with a professional writing portfolio that includes work on US foreign policy and international affairs, telecom policy and cyber security, religion, arts, and music. He is currently a journalism intern at The National Journalism Center in Washington, D.C. and a former tech and social media intern at The Allan P. Kirby, Jr. Center for Constitutional Studies & Citizenship. Peterson received his Bachelor of Arts in philosophy and religion with a minor concentration in music from Hillsdale College in 2008. When he is not writing, Peterson lives a double life as a web designer, social media strategist, photographer, musician and mixed martial artist.

House of Representatives

Silicon Valley Rep. Anna Eshoo Will Not Seek Reelection

The lawmaker’s Silicon Valley seat will be open for the first time in decades.

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Screenshot of Rep. Eshoo at a House Energy and Commerce Committee hearing on October 19.

WASHINGTON, November 22, 2023 – Representative Anna Eshoo, D-Calif., announced on Tuesday that she will not seek reelection in 2024.

Eshoo’s retirement will leave up for grabs California’s 16th Congressional District, which includes Silicon Valley and parts of Santa Clara and San Mateo counties. The San José Spotlight reported that multiple local Democrats are eyeing the solid blue seat

Her departure will also open up a spot on the House Energy and Commerce Committee, whose purview includes telecommunications, tech and energy policy, public health, and food and drug safety.

The 80-year-old legislator was the first woman to represent her district and spent over 30 years in Congress. She sponsored bills on tech policy, including Section 230 changes and efforts to accelerate broadband build outs.

Eshoo touted her long legislative career in a video announcing her retirement, including 66 bills signed into law over five presidential administrations. 

“For three decades, you’ve given me your trust,” she said of her constituents. “I’ve given every fiber of my being to live up to that sacred trust.”

The lawmaker joins more than 30 lawmakers on Capitol Hill who have also announced plans to step down after their current terms. She will serve through January 2025.

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Senate

Experts Suggest Measures to Protect Affordable Connectivity Program at Senate Hearing

Under consideration: Opening the Universal Service Fund to contributions from broadband and Big Tech companies.

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WASHINGTON, September 28, 2023 – A broadband association asked Congress last week to open the Universal Service Fund to contributions from broadband and Big Tech revenues to allow the umbrella fund to absorb and support the Affordable Connectivity Program.

The industry is concerned that the $14-billion ACP program, which discounts monthly services for low-income Americans and those on tribal lands, is going to run out of money by early next year. Meanwhile, it is universally agreed that the Universal Service Fund, which includes four high-cost broadband programs, is struggling to maintain its roughly $8-billion annual pace without a diversification of its revenue sources.

Jonathan Spalter, president and CEO of USTelecom, told the Communications and Technology subcommittee studying the future of rural broadband on September 21 that Congress could both support the sustainability of the USF and the ACP by forcing contributions from broadband and Big Tech revenues.

The idea is that the extra revenue would solve the USF sustainability question by allowing the fund to continue to support the existing four programs under its purview, while also allowing it to adopt the ACP program, hence removing that program from reliance on Congress for money.

“We can have Congress give the FCC the authorities that it requires to be able to expand the contribution base, integrating the ACP within USF program, and thereby allowing the potentially out of control contribution factor that will potentially bog down the viability and longevity of the Universal Service Fund mechanisms to go down,” Spalter said.

“And in so doing it can expand the contribution base sufficiently to allow not only broadband but importantly the dominant Big Tech companies to participate so that we would effectively fuse the Affordable Connectivity Program with [high-cost program] Lifeline and do so in a way that would actually not require appropriated dollars from Congress.”

The ACP currently has around 21 million Americans signed up, but the FCC says many more are eligible. The commission has been allocating money to outreach groups to market the subsidy program.

While some have argued that the Federal Communications Commission could unilaterally expand the contribution base of the USF, the commission has elected to wait for Congress to make the requisite legislative reforms to give it that authority.

Forcing Big Tech companies, which rely on the internet to deliver their products, has been an idea tossed around by experts and promoted by Federal Communications Commissioner Brendan Carr. Meanwhile, forcing broadband revenues to contribute to the fund has also received good support.

The concern for the ACP program is that the internet service providers rely on the $14 billion to continue to offer discounts.

“With funding set to be depleted early next year, initial notices of service termination could be out during the height of the holiday season in December – that’s a present none of our constituents deserve to receive,” said Congresswoman Doris Matsui, D-Calif.  

“Poverty is everywhere, but higher in rural America, in our region the reason most people can’t adopt service is due to lack of affordability, this impacts more households than lack of infrastructure alone,” said Sara Nichols, senior planner of the Land of Sky Regional Council of Government.

“It’s a program we simply can’t afford to lose,” added Nichols.

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Rural Utilities Service

White House Nominates Basil Gooden as Rural Development Chief at USDA

Gooden would be responsible for overseeing the activities of the Rural Utilities Services, an important broadband funding agency.

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Photo of Basil Gooden from Virginia Tech's web site.

WASHINGTON, September 11, 2023 – The White House on Monday announced the nomination of Basil Gooden for Under Secretary of Agriculture for Rural Development in the U.S. Department of Agriculture.

Agriculture Secretary Tom Vilsack touted the nomination in a statement, saying that Gooden “is a widely-respected, accomplished champion for affordable housing, community advancement, and economic development. His public service career is informed by a lifelong commitment to agriculture and rural development.”

Gooden is the current director of state operations for rural development at USDA.

If confirmed for the position, Gooden would be responsible for overseeing the activities of the Rural Utilities Services, which encompasses the Water and Environment Programs, the Electric Program, and the Telecommunications Program, which is dedicated to improving the quality of life for rural Americans through providing funds to deploy rural telecommunications infrastructure.

The administration may seek additional funding for broadband through the department. RUS Administrator Andy Berke, the former mayor of Chatanooga, Tenn., who also served as a Commerce Department official with the title, “special representative for broadband.”

Running USDA’s Rural Utilities Service Isn’t Andy Berke’s First Act in Broadband

If selected for the position, Gooden would fill the void left behind by Xochitl Torres Small, who resigned from the role and was later confirmed by the Senate as deputy secretary of agriculture this past July.

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