Digest for the Week of 6 September 2021
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Here are all the issues from the last week:
White House Meets With Tech Companies and Others; Rival Cyber Incident Notification Bill Floated
EDPB Issues Binding Decision on DPC’s €225 Million WhatsApp Fine
Tweet of the Week:
Reports
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“Tallinn Paper: Opportunities for Public and Private Attribution of Cyber Operations” — NATO Cooperative Cyber Defence Centre of Excellence (CCDCOE)
“The State of U.S. and European Broadband Prices and Deployment” — Progressive Policy Institute
“Buying and selling extremism” — Australian Strategic Policy Institute
“Co-Develop: Digital Public Infrastructure for an Equitable Recovery” — The Rockefeller Foundation
“America’s anti-hacking laws pose a risk to national security” — The Brookings Institution
“The Implications for Human Rights in the Digital Age” — RAND Corporation
Coming Events
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§ 13 September
o The House Agriculture Committee will mark up its portion of the FY 2022 budget reconciliation package.
o The House Energy and Commerce Committee will mark up its portion of the FY 2022 budget reconciliation package. The committee made available a memorandum and the bill text:
§ Subtitle A: Budget Reconciliation Legislative Recommendations Relating to Air Pollution
§ Subtitle B: Budget Reconciliation Legislative Recommendations Relating to Hazardous Materials
§ Subtitle C: Budget Reconciliation Legislative Recommendations Relating to Drinking Water
§ Subtitle D: Budget Reconciliation Legislative Recommendations Relating to Energy
§ Subtitle E: Budget Reconciliation Legislative Recommendations Relating to Drug Pricing
§ Subtitle F: Budget Reconciliation Legislative Recommendations Relating to the Affordable Care Act
§ Subtitle G: Budget Reconciliation Legislative Recommendations Relating to Medicaid
§ Subtitle H: Budget Reconciliation Legislative Recommendations Relating to CHIP
§ Subtitle I: Budget Reconciliation Legislative Recommendations Relating to Medicare
§ Subtitle J: Budget Reconciliation Legislative Recommendations Relating to Public Health
§ Subtitle K: Budget Reconciliation Legislative Recommendations Relating to Next Generation 9-1-1
§ Subtitle L: Budget Reconciliation Legislative Recommendations Relating to Wireless Connectivity
§ Subtitle M: Budget Reconciliation Legislative Recommendations Relating to Distance Learning
§ Subtitle N: Budget Reconciliation Legislative Recommendations Relating to Manufacturing Supply Chain
§ Subtitle O: Budget Reconciliation Legislative Recommendations Relating to FTC Privacy Enforcement
§ Subtitle P: Budget Reconciliation Legislative Recommendations Relating to Department of Commerce Inspector General
o The United Kingdom’s Joint Select Committee will hold a hearing on the government’s draft “Online Safety Bill.”
§ 14 September
o The European Data Protection Board (EDPB) will hold a plenary meeting.
o The United Kingdom’s House of Commons’ Digital, Culture, Media and Sport Committee will have a hearing in its “Influencer culture” inquiry.
§ 15 September
o The Federal Trade Commission (FTC) will hold an open meeting with the following tentative agenda:
§ Proposed Policy Statement on Privacy Breaches by Health Apps and Connected Devices: The Commission will vote on whether to issue a policy statement on the importance of protecting the public from privacy breaches by health apps and other connected devices.
§ Non-HSR Reported Acquisitions by Select Technology Platforms, 2010-2019: An FTC Study: Staff will present some findings from the Commission’s inquiry into large technology platforms’ unreported acquisitions, including an analysis of the structure of deals that customarily fly under enforcers’ radar. The public release of the report is subject to commission vote.
§ Proposed Revisions to FTC Procedural Rules Concerning Petitions for Rulemaking: The Commission will vote on putting in place a process to receive public input on rulemaking petitions by external stakeholders.
§ Proposed Withdrawal of 2020 Vertical Merger Guidelines: The Commission will vote on whether to rescind the Vertical Merger Guidelines adopted in June 2020 and the Commentary on Vertical Merger Enforcement issued in December 2020.
§ 23 September
o The United Kingdom’s Joint Select Committee will hold a hearing on the government’s draft “Online Safety Bill.”
§ 28 September
o The Information Security and Privacy Advisory Board (ISPAB) will hold an open meeting and “The agenda is expected to include the following items:
§ —Board Discussion on Executive Order 14028, Improving the Nation's Cybersecurity (May 12, 2021) deliverables and impacts to date,
§ —Presentation by NIST, the Department of Homeland Security, and the General Services Administration on upcoming work specified in Executive Order 14028,
§ —Presentation by the Office of Management and Budget on Executive Order 14028 directions and memoranda to U.S. Federal Agencies,
§ —Board Discussion on recommendations and issues related to Executive Order 14028.
§ 30 September
o The Federal Communications Commission (FCC) will hold an open meeting with this tentative agenda:
§ Promoting More Resilient Networks. The Commission will consider a Notice of Proposed Rulemaking to examine the Wireless Network Resiliency Cooperative Framework, the FCC’s network outage reporting rules, and strategies to address the effect of power outages on communications networks. (PS Docket Nos. 21-346, 15-80; ET Docket No. 04-35)
§ Reassessing 4.9 GHz Band for Public Safety. The Commission will consider an Order on Reconsideration that would vacate the 2020 Sixth Report and Order, which adopted a state-by-state leasing framework for the 4.9 GHz (4940-4900 MHz) band. The Commission also will consider an Eighth Further Notice of Proposed Rulemaking that would seek comment on a nationwide framework for the 4.9 GHz band, ways to foster greater public safety use, and ways to facilitate compatible non-public safety access to the band. (WP Docket No. 07-100)
§ Authorizing 6 GHz Band Automated Frequency Coordination Systems. The Commission will consider a Public Notice beginning the process for authorizing Automated Frequency Coordination Systems to govern the operation of standard-power devices in the 6 GHz band (5.925-7.125 GHz). (ET Docket No. 21-352)
§ Spectrum Requirements for the Internet of Things. The Commission will consider a Notice of Inquiry seeking comment on current and future spectrum needs to enable better connectivity relating to the Internet of Things (IoT). (ET Docket No. 21-353)
§ Shielding 911 Call Centers from Robocalls. The Commission will consider a Further Notice of Proposed Rulemaking to update the Commission's rules regarding the implementation of the Public Safety Answering Point (PSAP) Do-Not-Call registry in order to protect PSAPs from unwanted robocalls. (CG Docket No. 12-129; PS Docket No. 21-343)
§ Stopping Illegal Robocalls From Entering American Phone Networks. The Commission will consider a Further Notice of Proposed Rulemaking that proposes to impose obligations on gateway providers to help stop illegal robocalls originating abroad from reaching U.S. consumers and businesses. (CG Docket No. 17-59; WC Docket No. 17-97)
§ Supporting Broadband for Tribal Libraries Through E-Rate. The Commission will consider a Notice of Proposed Rulemaking that proposes to update sections 54.500 and 54.501(b)(1) of the Commission’s rules to amend the definition of library and to clarify Tribal libraries are eligible for support through the E-Rate Program. (CC Docket No. 02-6)
§ Strengthening Security Review of Companies with Foreign Ownership. The Commission will consider a Second Report and Order that would adopt Standard Questions – a baseline set of national security and law enforcement questions – that certain applicants with reportable foreign ownership must provide to the Executive Branch prior to or at the same time they file their applications with the Commission, thus expediting the Executive Branch’s review for national security and law enforcement concerns. (IB Docket No. 16-155)