01 October 2020
Tech companies are bracing for a tough day in three separate Capitol Hill committees Thursday, as lawmakers move to show they're tough on social media platforms in the days leading up to the election.
Why it matters: Big Tech has become a go-to punching bag for both the right and left, and tech policy has become increasingly fertile ground for grievance politics.
What's happening: First, the Senate Commerce Committee is voting to authorize subpoenas of three CEOs — Twitter's Jack Dorsey, Google's Sundar Pichai and Facebook's Mark Zuckerberg — to testify at a hearing to discuss Section 230 of the Communications Decency Act, the tech industry's prized and highly contentious third-party content liability shield.
- The Trump administration, which has been attacking Section 230 as part of its allegations of bias against conservatives by social media platforms, supports the subpoena move, a White House spokesperson said. Senate Commerce Republicans expect Democrats to boycott the vote, said a Senate staffer.
- Twitter, Google and Facebook declined to comment on the vote.
Over in the Senate Judiciary Committee, Sen. Lindsey Graham will push forward a bill that combines changes to copyright with amending Section 230 to limit the law's civil liability protections.
The House Judiciary antitrust subcommittee will have its first follow-up hearing on the state of competition in digital markets since it heard testimony from Zuckerberg, Pichai, Apple's Tim Cook and Amazon's Jeff Bezos on antitrust and competition in July.
Reality check: It's nearly certain a Section 230 reform bill and antitrust legislation will not pass before the end of the year. But lawmakers are determined to show they are working on reining in big tech on everything from antitrust to misinformation to bias as the election and a new Congress near.
What they're saying: During theHouse Judiciary hearing, lawmakers will hear from academics and former government antitrust regulators, Axios scooped Tuesday. Committee chairman David Cicilline said the hearing is meant to explore possible remedies to competition problems in the digital market.
- Proposed legislation isn't likely until after the report has been issued, Rep. Ken Buck, a Republican on the committee, told Axios ahead of the hearing. That report is expected as early as Monday.
- But expectations of passing new bills this Congress are low, he said: "It's futile to run a long-distance race when there is no air left in the room," Buck said.
- He said that though Republicans and Democrats disagree on many competition and content moderation issues, he believes there's a "sweet spot" in the middle where the two sides can agree. Still, he suggests using a "scalpel and not a chainsaw" for any changes to antitrust law.
- That's far less aggressive than some ideas from Cicilline, who has floated a "Glass-Steagall" act for the internet.
The Section 230-related moves "look a lot like pre-election base energizing," one tech industry insider told Axios. Just this week, two new Section 230 bills dropped — one from Sens. Joe Manchin (D-W. Va.) and John Cornyn (R-Texas) and another from Sen. John Kennedy (R-La.).
- Last week, the White House applauded the Justice Department proposing amendments to Section 230 in a meeting with Republican state attorneys general as an antitrust suit against Google looms.
Our thought bubble: Time is on tech's side to endure these particular regulatory headwinds without much damage, but a fuller reckoning may come next year.
Transcripts show George Floyd told police "I can't breathe" over 20 times
Section2Newly released transcripts of bodycam footage from the Minneapolis Police Department show that George Floyd told officers he could not breathe more than 20 times in the moments leading up to his death.
Why it matters: Floyd's killing sparked a national wave of Black Lives Matter protests and an ongoing reckoning over systemic racism in the United States. The transcripts "offer one the most thorough and dramatic accounts" before Floyd's death, The New York Times writes.
The state of play: The transcripts were released as former officer Thomas Lane seeks to have the charges that he aided in Floyd's death thrown out in court, per the Times. He is one of four officers who have been charged.
- The filings also include a 60-page transcript of an interview with Lane. He said he "felt maybe that something was going on" when asked if he believed that Floyd was having a medical emergency at the time.
What the transcripts say:
- Floyd told the officers he was claustrophobic as they tried to get him into the squad car.
- The transcripts also show Floyd saying, "Momma, I love you. Tell my kids I love them. I'm dead."
- Former officer Derek Chauvin, who had his knee on Floyd's neck for over eight minutes, told Floyd, "Then stop talking, stop yelling, it takes a heck of a lot of oxygen to talk."
Read the transcripts via DocumentCloud.