Privacy
Bipartisan Group of Senators Stoke Fears About Google’s Neutrality and Influence in 2020 Election

WASHINGTON, June 25, 2019 — Fears about Google’s potential ability to influence the upcoming 2020 election ran rampant at a Senate hearing on Tuesday.
That, coupled with allegations that the search engine giant inappropriately benefits from federal protections against liability, created a pressure cooker environment for Google’s witness before the Commerce Communications, Technology, Innovation and the Internet Subcommittee.
Sen. Ted Cruz, R-Texas, aggressively grilled Google UX Director Maggie Stanphill over the company’s politics. He repeatedly asked her if she knew of any senior executives who voted for Trump in 2016, and claimed that public records demonstrated that Google employees donated significant funds to Democratic nominee Hillary Clinton, and none to Donald Trump’s campaign.
Several other senators also raised concerns about Google’s potential election influence.
Sen. Jon Tester from Montana, a Democrat, said that he believes Google executives could “literally sit down at a board meeting and determine the next president.”
Cruz raised the issue of an undercover video released on Monday by Project Veritas, a controversial conservative group frequently criticized for publishing false or misleading information.
The excerpts of the video from Monday appeared to showed Google official Jen Gennai, the head of responsible innovation, making statements that antitrust action against Google was a bad idea because smaller companies would be unable to prevent “the next Trump situation.”
Cruz discussed the “Trump situation” statement as if it referred to the election of Trump. But, in a Monday evening commentary about the secret recording, Gennai said that her comment was actually referring to Google’s ability to take action against online foreign interference and misinformation.
Sen. Ron Johnson, R-Wi., joined Cruz in doubting the objectivity of major platforms, claiming that Instagram prompted new accounts to follow a list of exclusively liberal publications and commentators without any interest from the user.
Subcommittee Chairman John Thune, R-S.D., said that if results were truly unbiased, a Google search for his own name should return results from Fox News rather than from The New York Times.
Several Democratic senators, including Tester, expressed concern about whether YouTube’s recommendation algorithm could radicalize users by recommending increasingly extreme content, citing as an example the presence of white nationalist and white supremacist videos in the site’s recommended video queue.
Stanphill, whose work at Google is focused on the platform’s Digital Wellbeing Initiative, was unable to give a specific reason for these results.
She said that Google builds products for everyone and has systems in place to prevent bias.
AI Now Institute Director Rashida Richardson pointed out research showing that there are no partisan disparities in search results. Results are affected by the veracity and timeliness of the content, which can sometimes have partisan implications.
Top search results and suggestions can also stem from which accounts have the most content and popularity, said Stephen Wolfram, CEO of Wolfram Research.
YouTube, Facebook, Twitter, and other major social media platform operators have taken steps in recent years to crack down on harassment, hate speech, extremist content and other violations of their platforms’ terms of service.
Because that enforcement has often ensnared conservative activists, some prominent Republicans—including President Trump—allege that social media platforms’ enforcement of their terms of service is biased against conservatives.
Many conservatives, including Cruz in his remarks on Tuesday, said that the immunity provided to Google and others under Section 230 of the Communications Decency Act was conditioned on the entity serving as some kind of a neutral public forum.
Responding to Cruz’s question, Stanphill seemed to confirm that Google sees itself as fulfilling this role.
But Section 230 does not include a requirement of political or other neutrality in exchange for protection from liability for users’ speech. Online platforms are legally permitted to regulate content at their discretion.
Section 230, which was passed with almost unanimous bipartisan support, was designed to ensure that online services would be safeguarded from liability for taking steps to moderate content on their systems.
This would likely be changed were the “Ending Support for Internet Censorship Act,” introduced last week by Sen. Josh Hawley, R-Mo., to take effect. That bill would condition platforms’ Section 230 protections on whether the Federal Trade Commission certifies that their terms of service enforcement is “politically neutral.”
(Photo of Sen. Cruz questioning Google witness Maggie Stanphill.)
Cybersecurity
Cybersecurity Requirements in BEAD Could Shape Internet Security Regulation More Widely
The Broadband Equity, Access and Deployment program requires ISPs and states to submit comprehensive cybersecurity plans.

WASHINGTON, November 2, 2023 – How states implement cybersecurity rules in the $42.5 billion Broadband Equity, Access and Deployment program could shape internet security regulations more widely, experts said during a virtual panel Wednesday.
The BEAD program, which will provide federal grants to states to disperse for broadband projects, requires providers to submit comprehensive cybersecurity plans based on standards from the National Institute of Standards and Technology. Panelists said flexibility in the plans allows customization but also establishes baseline expectations as critical infrastructure relies more on connected technology.
“I think the way that states and entities interpret these BEAD cybersecurity and supply chain requirements is really going to have a ripple effect across the whole community,” said Savannah Schaefer, an attorney of Wilkinson Barker Knauer, who advises clients on cybersecurity.
Federal Communications Commission rules are beginning to include similar mandates, meaning how states implement BEAD’s requirements could influence cybersecurity regulations more broadly, Schaefer said.
Melissa Newman, vice president of government Affairs at the Telecommunications Industry Association, said BEAD’s cybersecurity stipulations cite lengthy federal guidance documents providers must wade through. Her trade group developed a checklist to help companies understand the rules.
“You cannot be confident in the security of your networks and products without consideration of both cyber and supply chain security,” said Newman, TIA’s vice president of government affairs.
Supply chain management, knowing who provides equipment and software, is critical because cybersecurity threats can be embedded throughout a product’s lifecycle, she said.
Evan Rice, senior vice president of Guide Star, a division of CCI Systems, said providers should start by documenting current cyber practices, identifying gaps and making plans to address them. Cybersecurity must be incorporated holistically, from network construction to long-term operation, he said.
“Everyone understands that piece. The cybersecurity is the same. Once you build it, you have to operate it,” said Rice. Schaefer encouraged viewing BEAD as part of an ongoing process of shaping cybersecurity requirements.
Our Broadband Breakfast Live Online events take place on Wednesday at 12 Noon ET. Watch the event on Broadband Breakfast, or REGISTER HERE to join the conversation.
Wednesday, November 1, 2023 – Cybersecurity and BEAD
To qualify for funding under the Broadband Equity, Access and Deployment program, network operators must submit a comprehensive cybersecurity strategy in line with the National Institute of Standards and Technology’s cybersecurity framework. What impacts do these requirements have on broadband deployers, and what steps can they take to ensure compliance? How can operators strike the right balance between expanding their networks and safeguarding them against cyber threats?
Panelists
- Evan Rice, Senior Vice President, Guide Star
- Savannah Schaefer, Wilkinson Barker Knauer LLP
- Melissa Newman, Vice President of Government Affairs, Telecommunications Industry Association
- Drew Clark (moderator), Editor and Publisher, Broadband Breakfast
Evan Rice is an experienced IT executive with a focus on cyber security and operational excellence. Evan currently serves as the Senior Vice President of Guide Star, a division of CCI Systems. Evan has been with CCI Systems since 2012, starting as a Data Services Professional then moving to the Vice President of Information Technology role prior to his current position at Guide Star.
As an Associate at Wilkinson Barker Knauer LLP, Savannah Schaefer advises clients on a range of issues pertaining to cybersecurity, supply chain risk management, and emerging technology. Prior to joining the firm, Savannah represented companies in the information and communications technology sector at two trade associations where she led development and advocacy of the associations’ cybersecurity and supply chain legal and policy positions. She has also served in leadership roles in the IT and Communications Sector Coordinating Councils and on the Department of Homeland Security’s ICT Supply Chain Risk Management Task Force.
Melissa Newman has over 25 years’ experience in government affairs for the telecommunications sector. Prior to Melissa joining TIA as Vice President of Government Affairs, she worked at Transit Wireless heading the Legal and External Affairs departments; Wilkinson Barker Knauer, a premier telecommunications law firm in Washington, DC; CenturyLink (now Lumen) as Vice President, Federal Policy and Regulatory Affairs; and as Deputy Division Chief of the Policy Division in the Common Carrier Bureau of the FCC.
Breakfast Media LLC CEO Drew Clark has led the Broadband Breakfast community since 2008. An early proponent of better broadband, better lives, he initially founded the Broadband Census crowdsourcing campaign for broadband data. As Editor and Publisher, Clark presides over the leading media company advocating for higher-capacity internet everywhere through topical, timely and intelligent coverage. Clark also served as head of the Partnership for a Connected Illinois, a state broadband initiative.
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As with all Broadband Breakfast Live Online events, the FREE webcasts will take place at 12 Noon ET on Wednesday.
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Cybersecurity
White Houses Asks Congress to Fill Rip and Replace Funding Gap
The $3 billion shortfall was first flagged by the FCC in July 2022.

WASHINGTON, October 26, 2023 – The Joe Biden administration is asking Congress to fill the $3 billion gap in the Federal Communications Commission’s rip and replace program, among other domestic needs.
The ask came Wednesday as part of a $55.9 billion request for domestic aid, including disaster relief and child care subsidies. Also in the White House’s request was $6 billion to continue the Affordable Connectivity Program, the monthly internet subsidy that’s set to dry up in April 2024 without additional funding.
In 2020, Congress required broadband providers to replace equipment from some Chinese companies, including Huawei and ZTE, citing concerns that it could be used for espionage. The effort was funded with $1.9 billion to reimburse companies for the cost of switching out gear.
But in July 2022 the FCC, which oversees the program, said broadband providers would need $4.98 billion to get the work done. There have since been repeated calls from lawmakers and industry to shore up the fund. Bills have been introduced in both the House and Senate to fill the $3 billion gap, but they have yet to be passed.
The deadline for approved companies to request reimbursement for rip and replace work passed on July 15. By default, companies have one year from the approval of that request to remove the Chinese equipment, but the commission has been granting deadline extensions as providers complain of funding troubles.
House Republicans managed to elect a speaker on the same day as the funding request, ending weeks of deadlock.
Innovation
Federal Agencies Need to do More on Robocalls, Senate Hears
Lax DOJ enforcement lets fines go uncollected, witnesses said.

WASHINGTON, October 24, 2023 – Federal agencies need to do more to tackle robocalls, experts told lawmakers on Tuesday.
For its part, the Federal Communications Commission has been taking more aggressive action on fraudulent calls and texts in recent months. The commission moved last week to block call traffic from 20 companies for lax robocall policies, and the agency has issued more than $500 million in fines for scam calls in the last year.
But that has not been enough to curb the longstanding issue, said Senator Ben Ray Luján, D-N.M., said at a Senate subcommittee hearing.
“Scammers used our telecom networks to defraud Amwericans out of an estimated $39 billion in 2022 alone,” he said. “That’s enough money to provide affordable broadband to the 21 million households enrolled in the Affordable Connectivity Program for eight years.”
Very few of the fines issued by the FCC have been collected. For Megan Brown, a lawyer representing the U.S. Chamber of Commerce, that comes down to lax DOJ enforcement.
Josh Becu, the head of USTelecom’s Industry Traceback Group, agreed, telling the Subcommittee on Communications, Media, and Broadband that Congress should push the DOJ to prioritize robocall enforcement.
“The FCC’s efforts really run out of steam if the [Justice] Department is not there to get them across the finish line and actually collect on some of those forfeitures,” Brown said.
She said Congress could push the Department to prioritize money for robocall investigations and enforcement, or set up a dedicated robocall office.
Margot Saunders, a senior attorney at the National Consumer Law Center, said the FCC should move faster to block call traffic from offending voice providers in the future.
“If the FCC were to adopt a system under which it quickly suspends the ability of a voice service provider to participate in the network once that provider is determined to be a repeat offender,” Saunders said, “we think that would be a magic bullet.”
The commission announced yesterday a proposed notice of inquiry seeking comment on using artificial intelligence to root out robocall fraud. Commissioners will vote on the proposal at the FCC’s November 15 open meeting.
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