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House of Representatives

House ‘Hearing’ Prompts Live Demonstration of Dangers of Counterfeits on Amazon and eBay



Photo of Rep. Ben Lujan jumping on a bicycle helmet during the "hearing" by Adrienne Patton

WASHINGTON, March 5, 2020 – Counterfeit gear can be hard on the head. Deadly, in fact.

That was the witness testimony – and live demonstration by a congressman – from a Wednesday House Energy and Commerce subcommittee hearing on the impact of counterfeit items on third-party seller marketplaces.

Andrew Love, head of brand security for Specialized Bicycles, brought several examples of counterfeit goods purchased online through platforms like Amazon and eBay.

Love offered to destroy a counterfeit helmet to demonstrate his point if the Congress members wanted. However, his offer was largely ignored for the majority of the hearing until Rep. Ben Lujan, D-New Mexico, joined the hearing towards the end.

Lujan shared an anecdote about his recent bike accident when he went over his handlebars into “a bed of rocks.” “Nonetheless, that bicycle helmet saved me,” said Lujan.

The helmet, pre-crash.

Love, who investigates fake bicycles and gear being sold online, invited Lujan to participate in a demonstration of the dangers of these counterfeit items.

Finally, Chairwoman Jan Schakowsky, D-Illinois, consented to the demonstration, with a loud chuckle.

Love set a poorly made helmet on the ground. Although of poor craftsmanship, that was otherwise undetectable based on the appearance. He invited Lujan to jump on it, replicating the force a biker might experience in a fall or accident.

In one swift jump in front of the witness table, Lujan crushed the helmet, while splintered pieces of helmet scattered across the carpet.

Lujan declared that if he had been wearing that counterfeit helmet, he would not have survived his incident.

“People’s lives are at risk,” said David Friedman, vice president of advocacy for Consumer Reports.

“We need to invest in innovation at these companies and in Congress to block the counterfeits, the dangerous products, and the fake reviews,” urged Freidman.

“Bad actors try to prey on consumers,” especially in the wake of coronavirus fears, said Rep. Cathy McMorris Rodgers, R-Washington. She asked what the platforms are doing to address false products aimed to target those fearful of a coronavirus pandemic.

Vice President of Worldwide Customer Trust for Amazon Dharmesh Mehta said the online retail giant has “removed, proactively, more than a million products making false claims and tens of thousands of products that were attempting to price gouge customers,” said Mehta.

Mehta explained that Amazon has several initiatives to address counterfeit products and bad actors.

For example, the Amazon Transparency Program allows brands to apply “a unique transparency code on every product that uniquely identifies it,” so the same product doesn’t have the same ISBN code, said Mehta.

Rep. Frank Pallone, D-New Jersey, challenged Amazon’s engagement with commingled inventory.

In a prehearing memorandum, Pallone wrote, “with commingling, customers purchasing a product directly from a retailer or a specific third-party seller may unknowingly receive the product from a different seller.”

Mehta admitted that with new products, if there is a product from a different seller closer to the customer, then they will receive the item closest to them, but commingling does not apply to used items for sale.

Global Trade Watch Director Lori Wallach explained the loophole that allows for so many counterfeit products to evade inspection.

The de minimis limit is $800, meaning goods that cost less than the limit can circumvent inspection when entering the United States.

Some sellers will pack products together and ship them to Mexico or Canada as goods “in transit,” and then someone packs the items individually so they can cross the border as di minimis and avoid inspection, said Wallach.

Editor’s Note: The story has been update with more color and details about Rep. Lujan’s big jump.

Adrienne Patton was a Reporter for Broadband Breakfast. She studied English rhetoric and writing at Brigham Young University in Provo, Utah. She grew up in a household of journalists in South Florida. Her father, the late Robes Patton, was a sports writer for the Sun-Sentinel who covered the Miami Heat, and is for whom the press lounge in the American Airlines Arena is named.

Broadband's Impact

House Commerce Committee Aligned on Telecom, Mapping and Supply Chain Security, Says Ranking Member



Photo from Rep. Cathy McMorris Rodgers' website

March 18, 2021 – House Energy and Commerce Committee Ranking Member Cathy McMorris Rodgers, R-Washington, said Wednesday that the committee was among the most bipartisan on issues including telecom.

Rodgers, who was speaking at the Internet Innovation Alliance with co-chair Bruce Mehlman, said that her Republican colleagues have put forth 28 solutions that would remove regulatory barriers and streamline broadband processes yet demonstrate funding is being spent wisely. She called on the government to ensure cost-effective ways to spend federal dollars.

She said the committee’s priority must be on accurate broadband mapping. That requires funding for more granular data. She also argued for national security against China, including on solar and wind energy products.

Rodgers also said she was excited about low-earth orbit satellites and the potential future they bring in connecting parts of the country with internet that have been “economically unfeasible in the past.”

Asked of her thoughts on virtual learning from home, especially how her 14-year old son with down syndrome is faring, Rodgers said she was completely in favor of reopening schools safely because not all parents have the means to provide optimal learning spaces at home.

Calling herself a working mother who could afford to provide an assistant to help her son through his school day, Rodgers said it was not the best way to learn when compared to in-person schooling.

This came after she said the country has the best networks and “some of the fastest speeds at the lowest prices in the world for internet service.”

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House of Representatives

Emphasis on Combating COVID-19 and Rebuilding Infrastructure at First Energy and Commerce Meeting



Photo of Rep. Frank Pallone, Jr., Chairman of the House Energy and Commerce Committee, by Bonnie Cash used with permission

January 28, 2021—During the first organizational meeting of the House Commerce Committee of the 117th Congress, Chairman Frank Pallone of New Jersey welcomed the newest members of the House Energy and Commerce Committee.

The bulk of the Committee’s first meeting was dedicated to discussing best practices to reduce healthcare and prescription drug costs, rebuild and modernize the nation’s infrastructure, and combat climate change.

Members further discussed rebuilding and restoring the essential functions of key agencies. Strengthening the Center for Disease Control and the Environmental Protection Agency were deemed essential. Members considered the waning of the two agencies to be at “the very heart” of creating some of the nation’s most pressing current legislative and policy issues.

Members also approved governing procedures and announce subcommittee chairs, ranking members, and other subcommittee assignments.

Republican Rep. Cathy McMorris Rodgers of Washington is  the new ranking member, and the first woman in that role for the committee.

Pallone further announced Democratic members joining the Committee, including Rep. Kathleen Rice of New York, known for her interest in climate change and infrastructure. Rep. Angie Craig, of Minnesota, was touted for work on the Affordable Care Act. Rep. Kim Schrier of Washington was recognized for her work as a pediatrician.

Rep. Lori Trahan of Massachusetts has an interested in the opioid pandemic and the environment. Rep. Lizzie Fletcher of Texas is focused on first responders and firefighting foams.

Pallone addressed members of the committee in the 117th Congress

Pallone thanked members and reiterated the need to enact policies to combat COVID-19 through vaccine distribution. He criticized former President Donald Trump for lacking effective implementation strategies to vaccinate more Americans sooner.

He said policies were needed that “provide critical assistance to struggling families, rebuild our economy, and bring an end to the pandemic, so people can begin to safely return to regular practice of life.”

Pallone praised President Joe Biden’s executive orders on vaccine distribution, expanded access to testing, and utilization of the Defense Production Act, which allows continued access to medical supplies and personal protective equipment for testing and vaccination.

The committee also took time to celebrate its own 225th birthday, which occurred last month. It is the oldest committee in the House.

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Broadband Mapping

At INCOMPAS, Top House Democrats Say Republicans’ COVID-19 Broadband Response Inadequate



Screenshot of Rep. Mike Doyle, D-Penn., at the INCOMPAS conference

September 15, 2020 – The lack of access to broadband is still a widespread issue across the country, especially in rural areas, two top House Democrats said Tuesday at the INCOMPAS virtual show ConnectIn.

“The failures of this administration are forcing people to put their health and their family’s health at risk,” said Pennsylvanian Mike Doyle, Chairman of the House Communications and Technology Subcommittee.

“We can’t rely on corporate promises or donations—we need Congress to act” on funding for broadband to cope with the coronavirus pandemic. The billions of dollars of funding for students, families, and those hit by the pandemic have been insufficient for the moment, he said.

House Majority Whip James Clyburn of South Carolina highlighted the certainty that broadband will be a top priority of the 117th Congress next year.

Broadband “will absolutely be a top priority next year, said Clyburn. “Anything we do this year will be insufficient.”

Screenshot of House Majority Whip James Clyburn, D-S.C., at the INCOMPAS conference

Clyburn also advocated for broadband to be viewed as a utility. Last year when Clyburn formed the Rural Broadband Taskforce, his goal was to get broadband to be “classified as an infrastructure issue.”

“We call the internet the information highway. So, let’s treat it like we treat the interstate highways—a necessary entity to get us where we want to be.”

He argued that getting the internet in every home was the key to getting healthcare and online learning to rural communities: “Without the broadband we cannot have telehealth. we cannot have online learning. If you aren’t connected, you aren’t going to get educated.”

Democrats’ funding proposals for broadband don’t get traction with the Republican-controlled chamber

Doyle explained that since the start of the pandemic, the government has spent $2 billion in online learning and $1 billion to expand broadband for those with low income.

The Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act, H.R. 6800, put $5 billion toward remote learning and $9 billion toward emergency connectivity for low income and recently unemployed Americans. The measure passed the Democratic-controlled House 208-199 in May. It languishes in the Republican-controlled Senate.

Doyle asserted that the $100 billion Moving Forward Act, the Democrat’s pre-pandemic infrastructure measure H.R. 2, was the country’s most significant proposal to close the digital divide.

Doyle further presented four goals for addressing issues of connectivity in rural areas.

First, policy-makers should make historic investment in broadband, connecting all Americans. Second, lower the cost of broadband. Third, ensure students have the technology that they need. And finally, combat misinformation on the internet.

Clyburn suggested that government efforts keep the home and the economy in mind when designing relief programs. Bringing better-quality broadband to rural areas will greatly improve the economy because by allowing rural business owners to function more efficiently, because rural business owners wouldn’t need to go to the nearest city just to have access to reliable broadband..

Clyburn also highlighted the need for reform of broadband mapping.

In rural areas, he explained, some communities are still set up similarly to how plantations were, with a single large house and other smaller houses surrounding it.

He scolded broadband mappers for deeming the area “covered” when only a big house had coverage and the little ones did not.

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