The Federal Communications Commission is preparing to ban new Huawei and ZTE device sales in the U.S., the first time the regulator has banned equipment on the basis of national security, according to various reports.

The FCC, with the support of Congress, has already cut any broadband subsidy funding to ZTE and Huawei network equipment, which it has concluded is a threat to national and network security. With the backstop of federal legislation, the FCC also requires any so-subsidized networks to rip and replace any of that suspect tech they have been using.

The issue is the conclusion that those companies have too-close ties to the Chinese Communist Party.

Also: Telecom Nets Seek $5 Billion-Plus to Rip and Replace

Sen. Mark Warner (D-Va.), chairman of the Senate Intelligence Committee and a former top communications tech executive, buttressed that reporting with a statement Thursday (Oct. 13) billed as a response to “the Federal Communications Commission (FCC) decision to ban new sales of Chinese-based Huawei and ZTE technologies on the bases of national security.”

A spokesperson said the senator’s response was to the widespread reporting, combined with the fact that the law requires the FCC to vote on such a ban before the end of the year.

Also: Huawei Says FCC Ban Could Be Unconstitutional

Warner, who has long warned of the dangers of using tech from those Chinese companies, said he was glad the FCC “finally took that step” and pointed out that a bipartisan group of senators has been calling out the threat from Huawei and ZTE for several years, including passing the Secure and Trusted Networks Act of 2019, which incentivized the FCC rip and replace program, and which Warner co-authored.

The Secure and Trusted Communications Networks Act required the FCC to identify tech companies — and their subsidiaries and affiliates — whose products and/or services posed a national security threat and reimburse them for removing that suspect tech. ■

Legislators from both sides of the aisle -- Sens. Mark Warner (D-Va.) and Marco Rubio (R-Fla.) -- have teamed up to urge the Federal Trade Commission to investigate over-the-top video clip streaming site TikTok based on reports that suggest the Chinese-based company is not insulated from the Chinese government's demands for data on U.S. users.

Warner and Rubio are the chair and vice chair, respectively, of the Senate Intelligence Committee.

In a letter to FTC Chair Lina Khan, the senators cited a BuzzFeed story about leaked internal TikTok meeting data showing U.S. user data had been accessed from China.

Also: FCC's Carr Tells App Stores TikTok Has to Go

They said they wanted her to immediately launch a Sec. 5 investigation, which is an inquiry into potential false and deceptive conduct. That includes that the site offered employees in China "unfettered access to user information, including birthdates, phone numbers, and device identification information."

They told Khan that TikTok had appeared to misrepresent its relationship to its ByteDance parent and subsidiaries, one of which, ByteDance Technology, is partially owned by the Chinese Communist Party, and that updates to TikTok's privacy policy that indicate that the site may be collecting biometric data "heighten their concern." ■

A former tech exec turned senator has officially cautioned edge providers against allowing their platforms to be used for Russian war propaganda, calling out YouTube in particular.

Intelligence Committee Chairman Sen. Mark Warner (D-Va.), who co-founded Nextel, sent letters to Alphabet (Google, YouTube), Meta (Facebook), Reddit, Telegram, TikTok, and Twitter saying they need to make sure their companies are not used by Russia and Russia-linked entries, warning that influence operations are part of Russia's warfare playbook.

He cited what he said had been content on Russian-affiliated YouTube channels RT, Sputnik and Tass monetizing content about the Ukraine conflict, "including, somewhat perversely, an ad by a major U.S. government contractor. Meanwhile, Google’s wider ad network continues to support influence outlets such as Sputnik and Tass, directing advertising dollars from unwitting U.S. brands like Best Buy, Allbirds, and Progressive to entities whose ties to Russian influence activity has been well-documented for over five years."

Warner said social media should not abet Russia's efforts to "promote disinformation narratives that weaken the global response to these illegal acts."

He said while social media can be a valuable information tools and outlets for independent media, it can also be a "vector" for "misinformation and disinformation."

Warner asked the companies to, "at minimum":

• "Establish mechanisms by which Ukrainian public safety entities can disseminate emergency communications to your users in Ukraine; 
• "Furnish additional account monitoring and security resources to Ukrainian government, humanitarian, and public safety institutions to prevent account takeovers; 
• "Surge integrity teams, including those with language expertise in Ukrainian, Russian, Polish, Romanian, and German, to monitor your platform for malign influence activity related to the conflict; 
• "Devote additional resources towards the identification of inauthentic accounts, and the removal or labeling of inauthentic content, associated with Russian influence operations; and 
• "Establish dedicated reporting channels for qualified academic, public interest, and open source intelligence researchers to share credible information about inauthentic activity, disinformation, and other malign efforts utilizing your platforms." ■

Sen. Mark Warner (D-Va.) and Virginia Governor Ralph Northam announced Friday (July 16) that the state will be spending most of a billion dollars ($700 million) of American Rescue Plan broadband funding to speed last-mile broadband infrastructure to unserved areas.

The state got a total of $4.3 billion in the plan for various projects and programs.

Warner's office said that "[b]ecause Governor Northam prioritized broadband expansion well before the pandemic, Virginia is on track to be one of the first states in the country to achieve universal broadband service."

They pointed, for example, to the $124 million the state has handed out in broadband brands over the past three years, including for the Virginia Telecommunication Initiative (VATI), a public-private initiative targeting service to completely unserved areas.

Also Read: Billions for Broadband to Flow From American Rescue Plan

The private side of such partnerships are usually laser focused on unserved, rather than where the money could wind up overbuilding existing service.

"With telehealth and telework becoming permanent staples across the nation, access to broadband is more critical than ever," said Warner. "It’s time to close the digital divide in our Commonwealth and treat internet service like the 21st century necessity that it is—not just a luxury for some, but an essential utility for all," added Northam.

He had already set a 10-year timetable for universal broadband in the state, but said Friday that the American Rescue Plan funding, which Warner helped secure, meant that his 2028 timetable could be moved up to 2024, with the majority of connections achieved in the next year and a half.

Sen. Mark Warner (D-Va.), incoming Senate Intelligence Committee chairman and himself a former cell phone executive, has called on telecoms and social media to preserve evidence of the storming of the U.S Capitol that left 5 dead and legislators shaken.

In letters to AT&T, T-Mobile and Verizon he asked them to "immediately" preserve content and metadata connected to the "insurrectionist attack on the U.S. Capitol."

Also Read: President Trump Says Twitter Ban Won't Silence Him

Specifically, Warner asked the carriers to preserve "Short Message Service [SMS] communications and Multimedia Message communications created by or sent to subscribers during the period beginning at 12:01 a.m. Jan. 3, 2021, through 12:01 a.m. Jan. 7, 2021."

In letters to social media companies Apple, Facebook, Gab, Google, Parler, Signal, Telegram, and Twitter, he asked them, if they haven't already, to immediately preserve "any and all posts, communications, videos and other media, meta-data, cloud backups, and subscriber information, whether currently on your platform or in any backup or archived state, that may be associated with Wednesday’s insurrectionist attack on the United States Capitol."

Also Read: Networks Hustle to Cover Insurrection

On Friday (Jan. 8) the Justice Department said it was combing through social media for clues to the identities of the mob that attacked the capitol after President Donald Trump told them the election had been stolen and urged them not to accept the results.

"The United States Capitol is now a crime scene,” Warner wrote. “The FBI and other law enforcement agencies are currently investigating the events of that day, and trying to piece together what happened and the perpetrators involved. The prospect of litigation on behalf of the victims of the mayhem also is highly likely. Messaging data to and from your subscribers that may have participated in, or assisted, those engaged in this insurrection – and associated subscriber information – are critical evidence in helping to bring these rioters to justice.”

Sen. Mark Warner (D-Va.), co-chairman of the Senate Intelligence Committee that investigated Russian election meddling, took issue with the Commerce Committee's hearing with Big Tech CEOs Wednesday (Oct. 28).

He joined a growing chorus of Democrats on that Commerce Committee who, during that hearing, branded it a sham and an attempt by Republicans to aid the President's re-election disinformation efforts.

Warner, himself a former tech exec, called the hearing "a cudgel to cow the platforms into continued inaction regarding efforts to manipulate their services six days ahead of the election.”

Warner accused his Republican colleagues of joining the Trump Administration in a "cynical and concerted effort to bully platforms into allowing dark money groups, right-wing militias and even the President himself to continue to exploit social media platforms to sow disinformation, engage in targeted harassment, and suppress voter participation.

"We can and should have a conversation about Section 230 – and the ways in which it has enabled platforms to turn a blind eye as their platforms are used to facilitate discrimination and civil rights violations, enable domestic terrorist groups to organize violence in plain sight, assist in stalking and networked harassment campaigns, and enable online frauds targeted at vulnerable users," he said, but signaled Wednesday's hearing was not that conversation.

Facebook said it has banned a violent anti-government network under its Dangerous Individuals and Organizations Policy, a move that followed complaints from Capitol Hill. 

Related: Facebook Will Take Down Hate Speech from Politicians

"Today we are designating a violent US-based anti-government network as a dangerous organization and banning it from our platform," the social media site said in a statement. "This network uses the term 'boogaloo' but is distinct from the broader and loosely-affiliated boogaloo movement because it actively seeks to commit violence. For months, we have removed boogaloo content when there is a clear connection to violence or a credible threat to public safety, and today’s designation will mean we remove more content going forward, including Facebook Groups and Pages. This is the latest step in our commitment to ban people who proclaim a violent mission from using our platform." 

Facebook has begun more aggressively labeling and moderating its content under pressure from Washington, advertisers and others. 

The office of Sen. Mark Warner (D-Va.) pointed out that the announcement came only hours after Facebook got a letter from a group of senators, including Warner, pointing to "its failure to prevent the propagation of white supremacist groups online," including boogaloo, three members of which reportedly plotted to bring molotov cocktails to a Black Lives Matter protest. 

Sen. Mark Warner (D-Va.) said an ORAN (open radio access network)-targeted 5G funding bill he has championed has been added to the next managers' amendment for the must-pass National Defense Authorization Act, which he said will pass by the end of the year. That is the good news, he said on a USTelecom webinar Tuesday (June 30). 

Related: Open RAN Group Sees Cloud on 5G Horizon...and That's a Good Thing

The bad news is that the funding levels have been dramatically cut down to a "minuscule" amount, says Warner, who is ranking member of the Senate Intelligence Committee, an amount that does not signal the U.S. is serious to moving toward a more cloud-base, less Huawei tech-based model for 5G network architecture, he said. 

The bill as initially drawn up would provide $1 billion-plus, including $750 million for ORAN R&D and another $500 million for collaboration with international partners. In order to get it into the Defense bill, those numbers have been cut to $50 million (in the first year) for R&D and $25 million for collaboration. 

ORAN is open, interoperable more software-centric (virtualized) 5G network architecture that is easier to secure from foreign malware and allows for U.S. and other companies to be bigger network players.

Warner said it is short of 5G as industrial policy, but also a signal that the U.S. recognizes that it is tough for the Samsungs and Nokia's and Ericcsons to compete with Chinese tech suppliers like Huawei that are bankrolled by the Chinese government. Given that, the U.S. has to start thinking differently, he said. 

Warner is speaking from experience as the former founder of Nextel. 

Warner urged the companies on the Webinar to get their CEOs to weigh in so those figures could be boosted in a further iteration of the bill and the U.S. could reassert its leadership in the 5G competition with the Chinese government. 

Related: Tech Companies Coalesce Around Safer 5G RAN Supply Chain

Warner said on the webinar that he thought over the past 20 years or so that we, by which he meant the U.S. and U.S. companies and the West "writ large" were so used to leading in wireless on rules and standards and protocols that "we kind of fell asleep at the switch." 

He said that included both the Obama Administration and the Trump Administration, the latter which he said had made things worse, neither of which he said had articulated a clear path forward for 5G. 

Warner said that path should be ORAN-centric, which means more modular, cloud-based, and software-centric, which translates to a network based more on the software side that the U.S. has dominated, and which is easier to secure than one based in Huawei tech backed by the Chinese Communist party. 

He said not since Sputnik has the U.S. not dominated in standards to the extent it is currently not doing so in 5G. 

He also warned that China's rise in 5G tech and standard-setting and the issue of network security could be the blueprint for similar issues with artificial intelligence and quantum computing. 

He said the Chinese model was to encourage ferocious competition in the domestic market, then when a "national champion" emerges, support their dominance of the Chinese market, like Huawei in 5G (with 70%-80% of the domestic market), which translates to %20-30% of the global market, which makes it hard competitors that don't have that government incubation. 

He said he feared that could happen with AI and cloud computing if the U.S. doesn't get 5G right.  

China recently announced a trillion-dollar investment in AI, cloud and other new tech.

Sen. Mark Warner (D-Va.) is urging the FCC to loosen regulations on wireless broadband providers to help further close the digital divide in the time of COVID-19.

In a letter he praised steps the FCC has already taken to help get broadband to the over 20 million people who still lack it, but he said more needs to be done to close the gap now.

Sen. Warner Urges FCC to Open More White Spaces

Specifically, in a letter to FCC chair Ajit Pai, he asked that the FCC make it easier for terrestrial wireless providers to increase their signal coverage, including by increasing power limits for Wireless Internet Service Providers (WISPS) in rural and exurban areas and relaxing antenna height restrictions. He also wants the FCC to clarify that underused E-Rate-funded connections can be "leveraged" to support backhaul for fixed and mobile wireless.

Related: FCC Grants Various E-Rate Extensions

"While I applaud a number of the steps the Commission has taken to improve service and widen access, including encouraging spectrum leases to utilize underutilized spectrum, temporarily waiving the E-Rate and Rural Health Care gift rules, and (after encouragement from offices such as mine) releasing a public notice clarifying that community use of E-Rate supported WiFi networks is permitted," he wrote, "much more work remains to be done. While a number of preexisting broadband programs, such as the Rural Digital Opportunity Fund, will help close the broadband gap in the long-term, I encourage you to take action that can enable expanded coverage now."

He also wants WISPS to be able to take advantage of the FCC's special temporary authority (STA) that allows unlicensed use of the 5850-5895 MHz band, which would mean working with the National Telecommunications and Information Administration and DOD to reduce the exclusion zones that prevent WISPs from doing so. 

Sen. Mark Warner (D-Va.) is worried that there is still confusion and potential delay in getting unemployment checks to gig workers, the self-employed and independent contractors, like many working in the entertainment business, that he wants to make sure don't get left out. 

Unions representing performers in TV, movies, theater, concerts and other venues had sought inclusion of their members in the aid package, and Congress delivered. 

Related: Performers Groups Seek Piece of Massive Coronavirus Aid Package 

He said Friday (April 3) that a week after the $2 trillion COVID-19 aid bill was signed and despite new guidance from the Department of Labor, states are still struggling to get the money to those workers and it could be weeks before some can access the aid Congress intended and they desperately need. 

“The CARES Act directs states to stand up a new program, the Pandemic Unemployment Assistance (PUA) Program, to disburse benefits to workers who would normally not be eligible for unemployment assistance, such as gig workers or freelancers," he wrote to Labor Secretary Eugene Scalia. "Unfortunately, we are already hearing reports from unemployment officials from around the country that it will likely take weeks to stand up a new program and disburse benefits to these newly eligible workers." 

Warner wants the department to streamline the PUA process by removing "burdensome regulatory barriers"--a phrase more associated with Republicans in normal times--limiting worker participation, "require states to accept electronic documentation" and "allow them flexibility to make determinations on eligibility for the program on a case-by-case basis." 

He would also like to see "innovative technologies to implement the program"--Warner is a former tech executive--and allow states to disburse the weekly benefits. 

Sens. Mark Warner (D-Va.) and Richard Blumenthal (D-Conn.) have written the Federal Trade Commission asking it to "address" what they said is Google's continuing inattention of coronavirus-related abuses of its ad platform.

They argue the FTC has failed to act on Google's ongoing harmful activity. "Google has made repeated representations to consumers that its policies prohibit ads for products such as protective masks," they wrote. "Yet the company appears not to be taking even rudimentary steps to enforce that policy, such as easily automated and scalable actions like flagging ads with relevant terms in the outbound URL. in recent years has allowed the company a level of vertical integration that, in effect, allows it to act as the equivalent of market-maker, commodities broker, and commodities exchange for digital advertising." 

Related: House Dems Seek Action on Coronavirus Claims

The senators said their staffs had browsed the site using various devices and found ads for hand sanitizer and face masks, despite Google's announced ban on ads for face masks and its general ban on ads that capitalize on "sensitive events." 

"The senators pointed out that on March 10, Google said it was banning the face mask ads given that the surgeon general had urged the public not to buy the masks," they told the FTC. 

The senators sent a copy of the letter to Attorney General Bill Barr, suggesting they needed that law enforcement backup.  

"Given the Department of Justice (DOJ)’s successful work in combating similar misuse of the company’s advertising platform, we have provided a carbon copy of this letter to the DOJ to address this pattern of misbehavior in light of the FTC’s inaction," he said.

"We’re committed to protecting users and surfacing helpful, authoritative information as the coronavirus situation continues to evolve," said a Google spokesperson. "Since January, we have blocked millions of ads that attempted to capitalize on coronavirus and have implemented a temporary ban on all medical face mask ads. We continue to take action to protect users and prevent these ads from serving."

Sen. Mark Warner (D-Va.) praised ISPs Saturday (March 14) for various efforts to insure broadband could get to as many people as possible as the country faces extended periods of "social distancing" and the resultant teleworking, telehealth and distance learning, not to mention streaming entertainment as a diversion from the drumbeat of troubling news and to avoid cabin fever. 

“The coronavirus outbreak is already creating an unprecedented need for teleworking, telehealth and online education technology,” said Warner. “I’m glad to see certain companies quickly responding to our letter and putting a pause on restrictive caps, fees and other policies that could interfere with online access during this critical time. I’m also pleased to see companies committing to expanding broadband access for students who may not have it so that their educations are not completely disrupted during school closures. I call on those internet providers that have not taken similar steps to do so immediately, in order to assist their fellow Americans during this time of great national strain.” 

Related: AT&T Takes New Steps to Fight Virus 

Warner Thursday (March 12) had joined with other senators to ask ISPs to suspend usage overage charges and data caps, provide free or at-cost broadband to students, and open up WiFi hotspots. 

Related: Comcast Ramps up Broadband (Public) Service 

ISPs announced various such efforts Friday (March 13), but that also followed call from House Dems for similar measures and conference calls with FCC chair Ajit Pai, who called on them to sign a connectivity pledge (which they did) not to terminate residential or small business service due to inability to pay, waive late fees, and open up WiFi hotspots. 

The vice chairman of the Senate Intelligence Committee is citing the recent disclosure of malware exploring a Department of Defense server to push for passage of his Internet of Things Cybersecurity Improvement Act. 

Related: Senate Intelligence Report Recommends Overarching Cyber Doctrine

Sen. Mark Warner (D-Va.) pointed out in a statement that it was a vulnerability exposure regime at DOD that allowed a researcher to report the malware and said his bill would help advance similar programs that could be coordinated with the DOD procedures in place. Warner's bill was reported out of the Senate Homeland Security and Governmental Affairs Committee last June, but has yet to be voted in the Senate. 

Znet reported that the researcher had first discovered that a DOD server running on Amazon Web Services' cloud platform was publicly accessible without credentials, then that it had been hacked and was being used by a botnet to mine cryptocurrency. 

The bill was introduced last March and reported favorably out of the Senate Homeland Security and Governmental Affairs Committee last June. 

It would make sure government IoT devices are as secure as they can be, including by requiring transparency and disclosure from contractors. The bill now heads to the full Senate for a vote. It would also require government-purchased devices to meet a minimum level of security. 

“This incident demonstrates the inherent value of vulnerability disclosure programs for information technology products operated by federal agencies,” Warner wrote in a letter to DOD CIO Dana Deasy. “These programs are a crucial force multiplier for federal cybersecurity efforts. Clear guidelines and a process for security researchers to find and share vulnerabilities enabled this malware discovery, and ultimately prompt remedial action by DOD," he said. "Continuing to encourage the responsible discovery and disclosure of bugs or vulnerabilities on federal information technology systems with both internal and outside security researchers can only strengthen the cybersecurity posture of federal and DOD systems.” 

Sens. Mark Warner (D-Va.) and Mike Crapo (R-Idaho) are looking to take a holistic approach to plug up the security holes in the U.S. tech supply chain. 

They have introduced the Manufacturing, Investment, and Controls Review for Computer Hardware, Intellectual Property and Supply (MICROCHIPS) Act (S. 2316), which would "guard against attempts by the People’s Republic of China and others to undermine U.S. national security by exploiting and penetrating U.S. supply chains."

Related: Trump, Tech Companies Agree Huawei Needs Restrictions

Specifically, the bill:

"Directs the Director of National Intelligence, DOD and other relevant agencies to develop a plan to increase supply chain intelligence within 180 days;

"Establishes a National Supply Chain Security Center within the Office of the Director of National Intelligence to collect supply chain threat information and disseminate it to agencies with the authority to intervene; and

"Makes funds available under the Defense Production Act for federal supply chain security enhancements."

In announcing the bill, the senators did not identify ZTE or Huawei by name, but both are Chinese telecom suppliers whose connections to the Chinese government have raised red flags with U.S. national security officials and led Congress to exclude them from government contracts.

Related: Sen. Warner Warns of Using Huawei as Trade Leverage

They did say that "Chinese companies export telecommunication technology equipment, software, hardware and services used in the United States, and hope to export fifth generation technology (5G) to the U.S. that could potentially harm and expose both consumer and U.S. military information."

A report released by the bipartisan leadership of the Senate Intelligence Committee Thursday (July 25), one of the more bipartisan committees in Congress, says the government should come up with an "overarching cyber doctrine." 

That was one of the recommendations in a voluminous report on Russian election meddling focused on infrastructure.

The report concluded that the U.S. should make it clear to its adversaries, in a sort of "this could mean war" declaration, that it will treat an attack on election infrastructure as a hostile act, whose response may not be limited to cyber activity. 

Further, it said, "[i]deally, this principle of deterrence should be included in an overarching cyber doctrine for the U.S. Government. That doctrine should clearly delineate cyberespionage, cybercrime, and cyber attacks.  

"Further, a classified portion of the doctrine should establish what the U.S. Government believes to be its escalation ladder in the cyber realm—what tools does it have, what tools should it pursue, and what should the limits of cyber war be. "[P]olicymakers should consider what steps the U.S. will need to take to outstrip the capabilities of Russia, China, Iran, North Korea, and other emerging hostile actors in the cyber domain," it said.  

It also suggests the world community needs to get together to talk about cyber norms, "[j]ust as the international community has established norms and treaties about the use of technologies and weapons systems." 

It said the U.S. should lead the conversation about both the norms and the limits of cyber activities (say, declaring tampering with nuclear reactors off limits, as the world did with chemical warfare after the First World War).  

The report was released by Senate Select Committee on Intelligence Chairman Richard Burr (R-N.C.) and Vice Chairman Mark Warner (D-Va.). 

WASHINGTON  — There was general support from tech and public interest types at a Capitol Hill briefing Tuesday (June 25) on the DETOUR Act, which would give the Federal Trade Commission direction to go after deceptive and disingenuous "dark patterns." 

The draft bill, introduced by Sens. Mark Warner (D-Va.) and Deb Fischer (R-Neb.) in  April, would prevent "large online platforms" from using so-called “dark patterns” to "trick consumers into handing over their personal data." 

Dark patterns are online interfaces designed to trick users into taking actions they might not ordinarily take. Examples include: 1) simple buttons that say "yes" to user data collection while the "no" button is tiny or hidden or several steps removed; 2) suggesting others are about to buy an item to try to close the sale; or 3) deliberately obscuring alternative choices or settings. Then there are the online game designs that lure kids into in-app purchases their parents have to either pay for or seek refunds.

Representatives from Consumer Reports, Common Sense Media and Mozilla all agreed the bill was a step in the right direction.  

Warner said it was a necessary step because Big Tech companies have grown from dorm-room operations to billion-dollar businesses. And though some firms, like Mozilla, were taking positive steps, Warner said platforms were not doing enough while Congress has been late to the issue and regulators asleep at the switch. 

Warner expressed confidence the bill could become part of broader federal privacy legislation.  

Shining a light on deceptive web design, and finding ways to prevent it, had to be part of the privacy fix, Fischer said. 

Among the other deceptive design issues are games and apps that try to get kids to make in-app purchases, including by making that a prerequisite of completing a game, or "confirmshaming," a type of dark pattern designed to "shame" a user into doing something. For example, in a game where a child helps bake a cake, players are told if they don't agree to buy extra in-app ingredients, the cake won't be as good. 

Amina Fazlullah, policy counsel for Common Sense, talked about the complaint filed against Facebook over in-app purchases. 

Sens. Ed Markey (D-Mass.) and Richard Blumenthal (D-Conn.) in January wrote Facebook "demanding" information about what they said was evidence that the company knowingly manipulated children into spending their parents‘ money on in-app purchases during gaming. 

"Recent findings uncovered by The Center for Investigative Reporting show that Facebook personnel had direct knowledge that children were spending large sums of their parents’ money on in-app purchases without parental knowledge or permission," they said at that time. "Specific design features and default settings fostered this practice. In addition, reports suggest that when Facebook became aware of this phenomenon and identified a solution, the company declined to implement the fix, and even designed a mechanism to automatically dispute its users’ requests for refunds." 

Warner said that it was his role in investigating Russian election interference, as vice chair of the Senate Intelligence Committee, that opened his eyes to the fact that social media companies bore some of the responsibility for how their platforms had been misused.  

"And now that this ’dark underbelly‘ of social media has been exposed, I believe both the companies and the Congress have a role to play in making sure that Americans and their private data are not misused or manipulated going forward," he added. 

Fisher said the DETOUR Act would provide for more accountability and give users a tool to get out of the "I agree" maze. She said companies asserting their users have choice and control now are beating on a hollow publicity campaign, while the dark patterns show a very different reality. 

"Consent must include fair and transparency options from user interfaces," she said. 

The Senate Homeland Security and Governmental Affairs Committee has favorably reported out the Internet of Things (IoT) Cybersecurity Improvement Act of 2019, a bill that will make sure government IoT devices are as secure as they can be, including by requiring transparency and disclosure from contractors. The bill now heads to the full Senate for a vote.  

The bill, introduced in March,  would "require that devices purchased by the U.S. government meet certain minimum security requirements." 

Related: Latta Re-Ups Smart IoT Act 

The bill was introduced in the Senate by Sens. Mark Warner (D-Va.) and Cory Gardner (R-Colo.), co-chairs of the Senate Cybersecurity Caucus, as well as Sens. Maggie Hassan (D-N.H.) and Steve Daines (R-Mont.). Reps. Robin Kelly (D-Ill.) and Will Hurd (R-Texas) are taking the lead on the bill in the House. 

That version passed out of the House Committee on Oversight and Reform last week, but the Senate bill was broadened in committee to include vendors as well as devices, so they will have to be reconciled. 

Specifically, the bill would: 

· "Require the National Institute of Standards and Technology (NIST) to issue recommendations addressing, at a minimum, secure development, identity management, patching, and configuration management for IoT devices. 

· "Direct the Office of Management and Budget (OMB) to issue guidelines for each agency that are consistent with the NIST recommendations, and charge OMB with reviewing these policies at least every five years. 

· "Require any Internet-connected devices purchased by the federal government to comply with those recommendations. 

· "Direct NIST to work with cybersecurity researchers, industry experts, and the Department of Homeland Security (DHS) to publish guidance on coordinated vulnerability disclosure to ensure that vulnerabilities related to agency devices are addressed. 

· "Require contractors and vendors providing information systems to the U.S. government to adopt coordinated vulnerability disclosure policies, so that if a vulnerability is uncovered, that can be effectively shared with a vendor for remediation." 

That was fine with NCTA-The Internet & Television Association, whose ISP members are on the front lines of IoT security. 

“Maintaining strong, risk-based cybersecurity standards is paramount for effective business and government operations," it said. "The Internet of Things Cybersecurity Improvement Act of 2019 wisely directs OMB to heed the outcome of a review process currently underway at NIST when making IoT purchasing decisions. The requirements in this bill will have a positive ripple effect throughout the ecosystem since the government is such a large purchaser and user of IoT devices...." 

There is bipartisan "deep concern" in the Senate Intelligence Committee that the Trump Administration is using Chinese telecom Huawei as a bargaining chip in trade negotiations with the country.

That concern was expressed in a letter to the State Department and the Office of the U.S. Trade Representative from committee vice chairman Mark Warner (D-Va.) and member Marco Rubio (R-Fla.), both veteran critics of allowing tech from Huawei and ZTE, another Chinese telecom, into U.S. networks.

Vice President Mike Pence told Fox this week that while he agreed Huawei is a national security threat, he would not say that Huawei's status would be off the table in trade talks.

The senators cited the President's comment in March that Huawei could be included in some kind of trade deal. They said that would set a bad example as the U.S. tries to convince allies of the threat of suspect tech in U.S. networks.

"Allowing the use of Huawei equipment in U.S. telecommunications infrastructure is harmful to our national security," they wrote. "In no way should Huawei be used as a bargaining chip in trade negotiations. Instead, the U.S. should redouble our efforts to present our allies with compelling data on why the long-term network security and maintenance costs on Chinese telecommunications equipment offset any short-term cost savings."

Related: Huawei-Scrubbing 5G Bill Introduced

FCC chair Ajit Pai Thursday (June 13) talked up the need for network security at an address to the U.S.-India Business Council in Washington. "When it comes to 5G, we cannot afford to make risky choices and just hope for the best. We must see clearly the threats to the security of our networks and act to address them," he said.

The FCC has proposed preventing broadband subsidy money to be used by any carrier using technology deemed to a threat to national security.

A bipartisan, bicameral bill is being introduced Monday (March 11), the Internet of Things (IoT) Cybersecurity Improvement Act of 2019, to try to get at Hill concerns over network and telecom security.

The bill would require the government to make sure that any devices it purchases meet minimum security requirements.

It is being introduced in the Senate by Sens. Mark R. Warner (D-Va.) and Cory Gardner (R-Colo.), co-chairs of the Senate Cybersecurity Caucus, and in the House by Reps. Robin Kelly (D-Ill.) and Will Hurd (R-Tex.).

Related: First IoT Device Gets CTIA Certification

The bill would try to prevent security vulnerabilities, which it defines as "any attribute of hardware, firmware, software, or combination of or more of these factors that could enable the compromise of the confidentiality, integrity, or availability of an information system or its information or physical devices to which it is connected."

Specifically, the bill would:

1) "Direct the Office of Management and Budget (OMB) to issue guidelines for each agency that are consistent with the NIST recommendations, and charge OMB with reviewing these policies at least every five years;
2) "Require any Internet-connected devices purchased by the federal government to comply with those recommendations. Direct NIST to work with cybersecurity researchers and industry experts to publish guidance on coordinated vulnerability disclosure to ensure that vulnerabilities related to agency devices are addressed, and;.
3) :Require contractors and vendors providing IoT devices to the U.S. government to adopt coordinated vulnerability disclosure policies, so that if a vulnerability is uncovered, that information is disseminated".

"While I’m excited about their life-changing potential, I’m also concerned that many IoT devices are being sold without appropriate safeguards and protections in place, with the device market prioritizing convenience and price over security,” said Sen. Warner, vice chairman of the Senate Select Committee on Intelligence and a former tech exec. “This legislation will use the purchasing power of the federal government to establish some minimum security standards for IoT devices.”

Just last week, CTIA, the wireless internet association, certified the first Iot device under its Internet of Things (IoT) Cybersecurity Device Program.

The CTIA certification verifies the devices security features against a set of best practices on everything from the storage of consumers’ information and password and security management, to "standards and the availability of an over-the-air mechanism for security software."

Sens. Jerry Moran (R-Kan.), Mark Warner (D-Va.), Roy Blunt (R-Mo.) and Amy Klobuchar (D-Minn.) have reintroduced the bipartisan Startup Act, a bill that would allow highly skilled, high-tech savvy immigrants to remain in the country where they could help fuel the start-up community. They first introduced the bill back in September 2017.

The act, which is backed by CTIA and the Consumer Technology Association would, would among other things create "entrepreneur" and "STEM" categories of visas for "highly-educated individuals" so they can innovate in this country and create products that fuel economic growth and American jobs, so they can remain in the United States legally to promote new ideas, fuel economic opportunity and create good-paying American jobs.

For example, the bill would adjust the status of no more than 50,000 aliens with masters and doctorate degrees in a STEM field to "conditionally admitted for permanent residence," and allow them to remain in the country for up to a year after the expiration of a student visa of indefinitely if they remained in a STEM field. 

CTA in particular has pushed hard for allowing the best and brightest from around the globe to get to and stay in the country.

According to its sponsors, the bill would also: "accelerate the commercialization of university research and creative inquiry that can lead to new ventures, review and improve the regulatory processes at the federal, state and local levels, and modernize a critical Economic Development Administration (EDA) program to spur economic growth and promote innovation."

“I’ve spent most of my career in the private sector so I know the importance of advancing innovation,” said Warner a former telecom executive. “By encouraging entrepreneurship and helping attract and retain talented individuals, this bipartisan bill will help Virginia promote capital investment while boosting our economy and promoting U.S. competitiveness.” 

“Startups and small businesses are engines of job creation and economic growth,” said Klobuchar, a potential presidential candidate. “Our bipartisan bill would make it easier for students and innovators to get their ideas off the ground, encourage new ideas, and strengthen our workforce to keep the U.S. competitive in the 21st century economy.” 

“By creating both an Entrepreneur and a STEM visa, this legislation will allow startup founders to stay in the U.S. and create the next great American company,” wrote Evan Engstrom, executive director of Engine, and Julie Samuels, executive director of Tech:NYC in a letter earlier this month advocating for the legislation's return. “Technology startups are a vital and growing part of the American economy and the U.S. should take measures to ensure that technology companies continue to develop here.”

CTA tweeted its support:

[embed]https://twitter.com/CTATech/status/1091013001946255360[/embed]

“The Startup Act would help position U.S. firms for success in the fierce competition for capital and talent worldwide," said Computer & Communications Industry Assocaition President Ed Black. "We appreciate the senators’ taking steps to ensure the US has both the ideas and the workforce to remain a global leader in innovation. It’s crucial to encourage more entrepreneurs to launch their startups here and this legislation would do that.”

In what may be as much an effort to make a statement as to make legislation, Sen. Mark Warner (D-Va.) has introduced the The Stop STUPIDITY (Shutdowns Transferring Unnecessary Pain and Inflicting Damage In The Coming Years) Act.

As the record-setting shutdown government marked day 32, Warner called the bill an "aggressive but necessary step of forcing the President and Congress to do the jobs they were elected to do..."

The bill would prevent future shutdowns by keeping the government running in the case of a funding lapse by renewing funding at the levels of the previous fiscal year, including adjustments for inflation.

Warner's office said the idea was to force Congress and the White House to the table "without putting at risk the economy or hurting the American public."

Warner supported the bill Congress did pass to pay federal and other government workers for days the government is shut down and introduced a bill that would pay federal contractors as well.

Most of the FCC is shut down, but those who are working are being paid out of auction proceeds rather than appropriations, according to the FCC. The Commission is continuing its 28 GHz auction during the shutdown.

The arrest by the Canadian government of Chinese tech company Huawei's CFO Meng Wanzhou has put a new spotlight on that company and the U.S. government's national security issues with having such technology be part of critical communications networks.

“There is ample evidence to suggest that no major Chinese company is independent of the Chinese government and Communist Party – and Huawei, which China’s government and military tout as a ‘national champion,’ is no exception," said Sen. Mark Warner (D-Va.) in a statement on the arrest. "It has been clear for some time that Huawei, like ZTE, poses a threat to our national security. Now we know that Huawei, like ZTE, has violated U.S. sanctions law. It's my hope that the Trump Administration will hold Huawei fully accountable for breaking sanctions law, as it failed to do in the case of ZTE."

Warner is vice chair of the Senate Intelligence Committee.

Huawei’s Latest Setback: Banned From BT’s 5G Wireless Network

The Trump Administration rescinded a ban on U.S. tech supplies to ZTE after the President met with his Chinese counterpart.

"I continue to strongly urge our close ally Canada to reconsider Huawei’s inclusion in any aspect of its 5G infrastructure," said Warner.

Back in October, Warner teamed with Sen. Marco Rubio (R-Fla.) another strong critic of Huawei and ZTE, on a letter to Canadian Prime Minister Justin Trudeau urging that exclusion.

He also pushed for a law setting in stone the conditions Huawei agreed to in order to secure the Trump administrations removal of the U.S. export ban.

“Yesterday’s arrest of Meng Wanzhou underscores a troubling trend of Chinese companies and state actors flouting the rule of law and stealing from U.S. companies," said Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa). "Ms. Wanzhou’s arrest comes on the heels of the October arrest of Yanjun Xu, an operative for the Chinese Ministry of State who allegedly targeted GE Aviation and other companies to recruit their employees in order to steal trade secrets. Two Chinese intelligence officers and a team of hackers were also charged in October in a separate case involving theft of commercial aviation technology. In November, the Justice Department announced charges against a Chinese state-owned enterprise for stealing trade secrets of an American semiconductor company."

The massive data breach Marriott has just revealed has prompted new calls from Capitol Hill for the government to step in and protect the massive amounts of consumer and other data online, whether from hotel chains or Big Tech data collectors.

“It seems like every other day we learn about a new mega-breach affecting the personal data of millions of Americans," said Sen. Mark Warner (D-Va.), vice chair of the Senate Intelligence Committee and co-founder of the Cybersecurity Caucus. "Rather than accepting this trend as the new normal, this latest incident should strengthen Congress’ resolve. We must pass laws that require data minimization, ensuring companies do not keep sensitive data that they no longer need. And it is past time we enact data security laws that ensure companies account for security costs rather than making their consumers shoulder the burden and harms resulting from these lapses.”

That was seconded by Sen. Richard Blumenthal (D-Conn.), ranking member of the Consumer Protection Subcommittee. 

“Marriott’s failure to prevent the theft of private data has placed hundreds of millions of customers at significant personal and financial risk," he said. "The apparent failure to detect and remove hackers from its systems for four years calls into question whether Marriott took the security and privacy of its customers seriously.... Once again, Americans are left to pay the substantial cost of corporate negligence. Congress must move forward to end this cycle of broken promises. We must set clear consumer data protection standards for all companies — whether they’re hotel chains, online retailers, or big tech — and severe penalties for those who fall short.” 

Just this week at an oversight hearing, Blumenthal slammed the Federal Trade Commission for not doing enough to companies accountable for breaches. He said that hearing was about whether the FTC was ready and willing to take on hard problems and "robustly" protect privacy, something he suggested they have not had either the resources or the will to do up to this point.

“Checking in to a hotel should not mean checking out of privacy and security protections,” said Senator Ed Markey (D-Mass.) another veteran voice for privacy protections (as well as a noted phrase-turner). "Preventing massive data breaches isn’t just about protecting privacy, it’s also about protecting our pocketbooks. Breaches like this can lead to identity theft and crippling financial fraud. They are a black cloud hanging over the United States’ bright economic horizon. The American people deserve real action. It’s time for Congress to pass comprehensive consumer privacy and data security legislation that requires companies to adhere to strong data security standards, directs them to only collect the data they actually need to service their customer, and creates penalties for companies that fail to meet them.”

Marriott Friday disclosed what it called a "Guest Reservation Database Security Incident" That translated to a hack of the information of about a half-billion of those guests. The information included for some or all of those guests credit card numbers, name, mailing address, phone number, email address, passport number, Starwood Preferred Guest (“SPG”) account information, date of birth, gender, arrival and departure information, reservation date, and communication preferences.

While the credit card numbers were encrypted, and that it is a two-step decryption, Marriott said it could not be sure the thieves did not get both of those, too.

Marriott reported the incident to law enforcement as well as outlining it on its Web site.

Marriott was informed in September of a possible breach, and found on investigation it dated from 2014.

“We deeply regret this incident happened,” said Marriott president Arne Sorenson. “We fell short of what our guests deserve and what we expect of ourselves. We are doing everything we can to support our guests, and using lessons learned to be better moving forward.”

Consumer Watchdog used the breach to pitch California's Consumer Privacy Act, which passed earlier this year.   .“Currently many companies opt for inadequate data security because it’s cheaper than the consequences of a data breach,” said Privacy and Technology Project Director John M. Simpson. “The Consumer Privacy Act fixes that and would hold companies accountable.  That’s why big business and big tech are fighting to weaken it.”

Washington —The “Wild West” of unaccountable edge providers, whose white hats have been blackened of late, could be getting a new sheriff. Sen. Mark Warner, the ranking member of the Senate Intelligence Committee and someone on a number of people’s shortlists to run against President Donald Trump in 2020, has begun to outline ramped-up government oversight of edge providers.

There has been a movement on Capitol Hill to shed the “garage innovator” rose-colored glasses that have left the Googles and Twitters of the world relatively free of the government minding that the “core” of the network — that would be internet service providers — has faced.

Sen. Ron Wyden (R-Ore.), author of the provision that gave edge providers a liability carveout for their content, said the days of shielding online platforms are over, and it’s time to unsheathe the sword.

Warner, a Virgina Democrat and former cellular industry executive, has drafted something of a game plan for regulating the edge in a white paper that makes its motive clear in the title: “Potential Policy Proposals for Regulation of Social Media and Technology Firms.”

While the paper says Facebook, Google, Twitter, Amazon, Apple and others on the edge deserve kudos for their transformative tech, they also deserve “increased scrutiny.” Warner was helped toward that conclusion as one of the leaders of the investigation into Russian election interference and its use of social media, saying the probe has exposed “the dark underbelly of an entire ecosystem.”

Government has been either incapable or unwilling to address the impacts of troubling online trends on privacy, competition and the online public square, Warner said.

Warner said policymakers should focus on three major areas:

• The ability of communications tech to promote disinformation that undercuts trust in institutions, the press, markets and democracy itself.

• The ability of communications technology to track users online across multiple devices, aggregate their data and profile them (citing Facebook and Cambridge Analytica as an example of how that information could be used to target voters inappropriately.

• The dominance of the internet by a few edge giants “poses key problems for long-term competition and innovation across multiple markets, including digital advertising markets (which support much of the Internet economy), future markets driven by machine-learning and artificial intelligence, and communications technology markets.”

Warner does more than identify the problems. He offers a host of possible regulatory backstops, including:

• Creating an affirmative duty for online platforms to identify inauthentic accounts and report them to the Securities & Exchange Commission, advertisers and the public.

• Making platforms liable for not removing “deep fakes” or otherwise manipulated audio or video.

• “Legislation that guarantees that platforms above a certain size provide independent, public interest researchers with access to anonymized activity data.”

• New disclosure requirements for online political ads (Warner has introduced a bill, the Honest Ads Act, to that effect).

• Giving the FTC rulemaking authority over privacy and data protection.

• Requiring first parties to opt in to data collection and use.

There is more, but the thrust is clear. FAANG is on notice that D.C. policymakers are going to start showing some teeth, too, something ISPs have pushed for.

Trying to determine online friend from foe, and who makes that call, is an enormous, perhaps impossible task, and implicates both online and traditional news and information outlets. But the problem starts with non-neutral social media platforms.

That was a big takeaway from the Hill Wednesday (Aug. 1).

"I just want to be clear, as the author of Sec. 230 [of the Communications Decency Act], the days when these 'pipes' are considered neutral are over because the whole point of 230 was to have a shield and a sword, and the sword hasn't been used," Sen. Ron Wyden (D-Ore.) said at a Senate Intelligence Committee hearing Wednesday. 

Section 230 provides liability carve-outs for the content posted on social media platforms like Twitter and Facebook (the "pipes" in this case a designation more often reserved for ISPs, which are regulated) under the theory they were simply the online public square for those ideas and that to make them liable would blow up their business model. 

The witnesses for the Intelligence Committee hearing on "foreign influence operations and their use of social media platforms" did not include any of the major social platforms being discussed. They were instead academics and researchers: Dr. Todd Helmus, senior behavioral scientist, RAND Corp.; Renee DiResta, director of research, New Knowledge; John Kelly, CEO, Graphika; Laura Rosenberger, director, Alliance for Securing Democracy at The German Marshall Fund of the United States; and Dr. Philip Howard, director, Oxford Internet Institute.

Rosenberger echoed the idea of edge provider non-neutrality: "These platforms are not neutral pipes. Information is not being served up without some kind of algorithm deciding, for most of the platforms, what is served up at the top."

Sen. Richard Burr (R-N.C.), chair of the committee, said nothing less than the integrity of democratic institutions is at stake. Burr summed up the challenge, asking, "How do you keep the good while getting rid of the bad?" 

Video: UK Politicians Say Facebook Creating 'Crisis in Democracy'

Burr said that was the fundamental question before not just the committee but the American people. He called it a complex problem that "intertwines" First Amendment freedoms, corporate responsibility, regulations, and the right of innovators to profit from their innovation.

Sen. James Risch (R-Idaho) said he thought the takeaway from all the testimony was how difficult the problem is. "We know the problem," he said. "We have bad [foreign] actors putting out bad information. The difficulty is segregating those people from Americans who have the right to do this, whether or not it is disgusting or untrue or with a bad motive. It is protected by the First Amendment."

Who decides who are the bad actors, he asked, and how do you protect the anonymity of, say, activists in authoritarian regimes while trying to fight bad actors? 

"How in the world do you do this?" Risch said. "The takeaway here has got to be that this is just an enormous, if not an impossible, thing."

Related: Pew Survey Finds Users Distrust Social Media Platforms

Sen. Susan Collins (R-Maine) pointed out that the traditional media were also part of the problem, unwittingly amplifying fake news and social media posts.

Rosenberger agreed. She pointed out that a Twitter account created by Russian meddler IRA focused on the NFL "take a knee" controversy had been cited by more than a dozen major news outlets, including the BBC, Huffington Post and Wired.

Collins said reading about such posts in credible sources make people more likely to believe them.

Sen. Mark Warner (D-Va.), vice chair of the Intelligence Committee, took aim at the edge, as well, but took some of the edge off.

Related: Sen. Warner Says Facebook Page Deletions Show Ongoing Election Meddling Threat

"All the evidence this Committee has seen to date suggests that the platform companies – namely, Facebook, Instagram, Twitter, Google and YouTube – still have a lot of work to do," Warner said, but then added, sounding like a parent disciplining an unruly child, "I’ve been hard on them – that’s true. But it’s because I know they can do better to protect our democracy. They have the creativity, expertise, resources and technological
capability to get ahead of these malicious actors."

And while Wednesday's hearing focused on academics and researchers, Warner said executives from Facebook, Twitter and Google will be in attendance for a hearing Sept. 5 to provide "the plans they have in place, to press them to do more, and to work together to address this challenge."

Sen. Mark Warner (D-Va.), vice chair of the Intelligence Committee that has been investigating Russian election interference, said Facebook's removal of accounts connected with Russian "disinformation" shows the threat of election interference remains.

That is the threat President Donald Trump continues to downplay.

"Today we removed 32 Pages and accounts from Facebook and Instagram because they were involved in coordinated inauthentic behavior," the company said Tuesday (July 31). "This kind of behavior is not allowed on Facebook because we don’t want people or organizations creating networks of accounts to mislead others about who they are, or what they’re doing."

The company did not identify who was doing the misleading.

Video: UK Politicians Say Facebook Creating 'Crisis in Democracy'

Facebook said it was deleting eight pages, 17 profiles and seven Instagram accounts that violated a ban on "coordinated inauthentic behavior."

The most popular "inauthentic" pages were Aztlan Warriors, Black Elevation, Mindful Being, and Resisters.

The pages created 30 events, most with only about 100 people expressing interest, though in one case 4,700 accounts expressed interest and 1,400 said they planned to do so.

Interestingly, according to the sample content Facebook provided, most was anti-Trump.

"Today’s disclosure is further evidence that the Kremlin continues to exploit platforms like Facebook to sow division and spread disinformation, and I am glad that Facebook is taking some steps to pinpoint and address this activity," he said. "I also expect Facebook, along with other platform companies, will continue to identify Russian troll activity and to work with Congress on updating our laws to better protect our democracy in the future.” 

Warner is backing a bill, the Honest Ads Act, to help combat foreign election interference by identifying the actual financial backers of political ads.

The Department of Commerce signaled Wednesday (July 11) it was close to allowing Chinese telecom ZTE to do business with U.S. tech suppliers once again.

Commerce had banned U.S. imports--like computer chips--to ZTE after the company violated restrictions on doing business with Iran and North Koreaa=, then violated a settlement agreement. Top U.S. intelligence officials have also said ZTE has troubling ties to the Chinese government that pose an ongoing security risk. But after being approached by the president of China about the potential threat to Chinese jobs the ban represented, President Trump told Commerce to help out the company.

A deal was struck last month, and Commerce announced Wednesday that it had signed an escrow agreement and as soon as ZTE forked over $400 million for that account, the denial order preventing U.S. exports would be lifted.

Commerce said that settlement "represents the toughest penalty and strictest compliance regime the Department has ever imposed."

Elsewhere, Congress has been trying to preserve the trade sanctions on ZTE and prevent any government contract money to be spent on ZTE tech; the FCC has proposed denying Universal Service Fund broadband subsidy funds to ZTE--it is a major cell phone supplier; and the Department of Defense has blocked the sale on military bases of phones and other devices made by ZTE, and fellow Chinese telecom Huawei.

Sen Mark Warner (D-Va.), vice chairman of the Senate Intelligence Committee, has been a critic of the deal, and remains so.

“I share the grave concerns of our military and the intelligence community, which are unanimous in their conclusion that ZTE — a state-controlled company with ties to Chinese intelligence — presents an ongoing threat to our national security," he said. "I also share many of the concerns the President has voiced in the past about China’s unfair trade practices, which have cheated American workers and permitted Chinese companies to steal the intellectual property of American firms with virtually no consequences.

“This sweetheart deal not only ignores these serious issues, it lets ZTE off the hook for evading sanctions against Iran and North Korea with a slap on the wrist.”

The deal includes a $1 billion fine as well as the $400 million in suspended penalty money that goes into the escrow account.

A pair of prominent senators from each party have asked President Donald Trump to reinstate the ban on U.S. tech imports to Chinese Telecom ZTE.

The Commerce Department had issued the ban after ZTE failed to keep its end of a settlement over supplying tech to Iran and North Korea, but after talking to the President of China, Trump instructed Commerce to strike a deal to save Chinese jobs.

The senators said the Commerce sanctions—"which would have threatened ZTE’s survival—should not be used as a bargaining chip in negotiations with China on unrelated matters."

Related: Senate Votes to Restore ZTE Trade Sanctions

In a letter to the President, Sens. Mark Warner (D-Va.) and Marco Rubio (R-Fla.) urged him to reconsider that deal and back a Senate-passed ban on any government money going to ZTE and Huawei, another Chinese telecom identified as tied to the Chinese government.

“The Senate and the U.S. Intelligence Community are in agreement that ZTE poses a significant threat to our national security. The Senate recently voted 85-10 to reimpose the April sanctions order and the ban on ZTE buying U.S. components, and to prohibit the U.S. federal government from purchasing ZTE or Huawei equipment and contracting with any entity that purchases such equipment," they said. "We urge you to heed the leaders of the U.S. Intelligence Community, supported by a strong bipartisan consensus in the Senate, that we must pursue policies that prevent the widespread use of ZTE products in the U.S.”

They reminded the President of the February Senate Intelligence Committee hearing at which the country's top intelligence officials all said they would not personally use technology from those companies, and that they posed a security risk. 

Related: Manufacturers Push Back on Trump's ZTE Aid

“ZTE, though publicly traded, is a state-backed enterprise that is ultimately loyal not to its shareholders, but to the Chinese Communist Party and Chinese government," the senators said. "This patronage relationship poses unacceptable risks to American sovereignty; risks that will only increase if the company is permitted to establish itself deeply in America’s telecommunications infrastructure.”

After ZTE allegedly failed to comply with the terms of a settlement over illegally shipping telecom equipment to Iran and North Korea, Commerce banned U.S. companies from exporting their technology to the company for seven years. Not long after, the U.S. also banned the sale of phones from ZTE and Chinese telecom manufacturer Huawei on U.S. military bases.

Sens. Mark Warner (D-Va.) and Amy Klobuchar (D-Minn.) have called on the CEO's of Twitter and Alphabet (Google) to follow Facebook's lead and voluntarily institute political ad disclosures the legislators are attempting to legislate.

That came in a letter Monday (April 9).

Facebook announced those changes, along with others, in advance of CEO Mark Zuckerberg's testimony before two powerful congressional committees this week. Twitter has also made a political ad disclosure pledge, which the legislators acknowledged.

Related: Zuckerberg Says Facebook Did Not Do Enough to Stop Fake News

Warner and Klobuchar are the co-sponsors of a bill, the Honest Ads Act, which would legislate such enhanced disclosures, but they want edge providers to get ahead of that curve. Zuckerberg also announced his support for the Honest Ads Act, which would mandate similar disclosures on his edge competition.

That bill would essentially apply the same kind of political ad disclosures that currently apply to print, broadcasters and cable operators--importantly who is paying for the ads--to the edge. It would also require there to be a public record of the ads published from an advertiser if it totals more than $500 in a year. Lastly, it requires best efforts to prevent foreign meddling in elections.

Separately, the Federal Election Commission is also contemplating expanding those disclosure requirements to online political ads.

Director of National Intelligence Dan Coats left no doubt Tuesday (Feb. 13) that Russia will continue to use social media and other propaganda tools to influence elections and sew dissent in the U.S., and that communications networks and government needed to work together to combat that and other threats.

That came in in the open portion of a Feb. 13 hearing in the Senate Intelligence Committee on worldwide security threats, a hearing that featured an all-star cast of intelligence officials and a strong focus on potential existential threats posed by cyber attacks.

Coats began his threat assessment with cyber, saying attacks would continue from Russia, China, South Korea and Iran, the major players, but from criminals, terrorist and other non-state actors. Committee ranking member Mark Warner (D-Va.), said Coats' leading off with cyber was appropriate given that ongoing threat.

Coats said to assume interference from Russia and maybe others in upcoming national, state and local elections. He said the more transparency the government can provide to the American people that this is a real threat that is going to happen, the better.

Committee Chairman Richard Burr (R-N.C.) said that IT and communications firm contractors supporting private and government networks have been a major target of cyber attacks. He asked Admiral Michael Rogers, director of the National Security Agency, if the government was sharing enough threat information with private companies. Rogers said he thought information was being shared on events as they occurred, but suggested the door swung both ways and the government needed more info from the private sector. He said that, looking at IoT, the cybersecurity problem was going to get "exponentially worse."

Robert Cardillo, director of the National Geospatial-Intelligence Agency, said government and industry needed to "lock arms" and cooperate, but that he was optimistic that would happen.

Sen. Warner said he was concerned about the use of social media by bad actors and asked what single agency was in charge with identifying and countering that threat.

Coats said no single agency, but said that they were getting more support from the private sector (edge providers primarily).

FBI Director Christopher Ray said he had notice more "forward leaning" engagement with the private sector. He also said social media needs to better police itself.

Warner said those companies were slow to react and had more work to do.

Related: U.S. Unprepared to Combat Weaponized Social Media

Warner said he was also worried about China-owned tech companies. Coats said vetting such companies was a top priority. Warner also said he was concerned that there were no security requirements for government purchases of IoT devices.

Wray said the FBI had been providing "defensive briefings" to larger U.S. telecom companies to recognize the threats. He said he was gratified by the response of those companies, but that smaller companies needed more education about what to be on the lookout for.

Sen. Jim Risch (R-Ida.) took issue with Warner's suggestion that the country was no more ready for Russian meddling now than before the 2016 election. He said the Russian's had been "attempting" to meddle in the country's affairs, using cheap, ineffective techniques and that the American people were ready to handle those "attempts" to manipulate them. Some Republicans are reluctant to grant the success of such meddling.

WASHINGTON — Last week's rollback of the FCC's privacy rules spurred legislative action in the Minnesota State Senate, while in the U.S. Senate, the Intelligence Committee launched hearings on Russia's interference with the 2016 presidential election. Meanwhile, the Commerce Department tapped AT&T to build and maintain the nation's first-responder network. Following are highlights from last week in D.C.

Minnesota Adopts Own Privacy Rules
The Minnesota State Senate had its own exclamation point for Congress’s move to roll back broadband privacy rules. In light of Congress’s approval of the Congressional Review Act, and the president’s expected signoff, the state Senate voted to adopt its own version of the regulations, according to the Twin Cities Pioneer Press.

Republicans had argued that state privacy laws would remain in effect even after the Federal Communications Commission’s rules were scrapped. Minnesota’s Senate took that cue and added its own.

An amendment to an economic development bill passed the Minnesota Senate with the help of one Republican vote. A similar amendment was added to the House bill, which must now be reconciled with the Senate bill.

The Minnesota amendment would prevent any ISP with a franchise agreement in the state from collecting personal information from customers “without express written approval from the customer” or from denying service if that approval was not given.

Those were two key elements of the FCC regulations that were rolled back. (Pictured: The Minnesota State Capitol)

9/11 Overhaul
More than 15 years after 9/11, the Commerce Department last week announced that AT&T had been awarded the 25-year, $46.5 billion contract to build out and maintain FirstNet, the interoperable broadband first responder network. AT&T will invest $40 billion, and in exchange will get access to the network during nonemergencies.

The network is being built using 20 MHz of spectrum set aside from the FCC’s 700-MHz auction and the government’s $6.5 billion contribution to the cause came from the FCC’s AWS-3 wireless spectrum auction.

Smaller and rural broadband providers were looking to get in on some of that action. “NTCA-The Rural Broadband Association and its members, network operators in rural areas of the country with substantial assets and infrastructure, are eager to partner with AT&T to leverage this infrastructure and to promote success in the quest to build, operate and maintain a ubiquitous public safety network throughout the country,” said association CEO Shirley Bloomfield after the announcement. Read more here.

Fake News, for Real
Broadband was much on the minds of the Senate Intelligence Committee as it launched a series of hearings on Russia’s efforts to interfere with the 2016 presidential election. That included both cybersecurity issues and the proliferation of fake news that has been amplified by mainstream, and nonmainstream, media chasing the latest story.

Committee ranking member Mark Warner (D-Va.) cited the media “echo” chamber as partly to blame.

“The Russians employed thousands of Internet trolls and botnets to push out disinformation and fake news at high volume, focusing this material onto your Twitter and Facebook feeds and flooding our social media with misinformation,” Warner said. “[T]his fake news and disinformation was then hyped by the American media echo chamber and our own social media networks to reach — and potentially influence — millions of Americans.” Read more here.

Senate Intelligence Committee ranking member Mark Warner (D-Va.) cited the media "echo" chamber at the first day of a week-long committee hearing Thursday (March 30) on Russia's attempts to influence the presidential election.

"Russia continually sought to diminish and undermine our trust in the American media by blurring our faith in what is true and what is not," he said in his opening statement. "Russian propaganda outlets like RT and Sputnik successfully produced and peddled disinformation to American audiences in pursuit of Moscow’s preferred outcome," he said.

But Warner suggested Russia had help in this country as well.

"The Russians employed thousands of Internet trolls and botnets to push out disinformation and fake news at high volume, focusing this material onto your Twitter and Facebook feeds and flooding our social media with misinformation," he said. "[T]his fake news and disinformation was then hyped by the American media echo chamber and our own social media networks to reach – and potentially influence – millions of Americans."

And as to President Donald Trump's tweets about Russian influence investigations being 'fake news," Warner had a response, though he did not make it personal: "This is not innuendo or a false allegation. This is not fake news. This is what actually happened to us."

The Senate Intelligence Committee is taking the lead after a House Intelligence Committee inquiry into Russian interference was sidelined by the chairman of that committee, Rep. Devin Nunes.

"This investigation is NOT about whether you have a “D” or an “R” next to your name. It is NOT about re-litigating last fall’s election.  It is about clearly understanding and responding to a very real threat," said Warner.

Committee chair Richard Burr (R-N.C.) said the role of Russia in the 2016 elections was a "critical intelligence question." Most of the committee's investigation will not be in public, but said it was crucial to take the "rare step" of publicly discussing the investigation. He said there would be more open hearings. He said "malign actors are using old techniques and new platforms to undermine our democratic institutions."

The hearing was to essentially provide a baseline understanding of Russian disinformation campaigns and the role of cyber efforts, including social media and other online activities. He said the takeaway from the hearing was that we are all targets of active Russian efforts. "The public deserves to hear the truth about possible Russian involvement in our elections," he said. “We’re going to get to the bottom of this, and do it right,” said Warner.

Clinton Watts, who was testifying as a senior fellow at the George Washington Center for Cyber & Homeland Security, put what he said was a cyber imbalance between Russia and the U.s. this way: "[Russia] has the best hackers that are out there...We, on the other hand, worry a lot about who we are going to bring into the cyber field because they might have smoked weed one day or they can't pass a security clearance."

Asked by Burr what the takeaway for U.S. media outlets was from that Russian hacking supremacy in terms of disniformation, Watts said: "They [the media] have to improve their editorial processes, and they also have to take a step back from the 'I gotta get it out first' competitive environment."

He said part of the reason the Russian system of disinformation works is that with every outlet racing to get the story out first--in an age when stories can be turned around and posted in minutes--"they put themselves at risk to fall for these sorts of schemes.

He said until that improves, or until "they collectively have some sort of standard that the public or the media holds to itself, we're going to keep seeing them fall for these campaigns," and not just from Russia. "The playbook has been thrown out there, he said, and many other nations are going to pick it up.

Sen. Mark Warner (D-Va.) is pressing the Federal Trade Commission to protect the privacy of IoP (the "Internet of Playthings").

Warner, according to a copy of a letter to FTC Chairwoman Edith Ramirez, says the FTC needs to work with Congress to boost protections of children's personal information given the rise of interconnected "smart toys" that can collect and store data on kids and their parents.

He pointed to researchers being about to hack into talking dolls and change their responses and evidence that conversations recorded by toys and uploaded to the cloud are easily hacked. He also cited the data breach at a Hong Kong-based toy company that exposed the personal info of 6.4 million children.

"The ever-declining cost of digital storage and Internet connectivity have made it possible to connect an unimaginable range of product and services," he told Ramirez. While that increases productivity, innovation and consumer benefit, the former tech exec said, it also increases data collection, straining the ability of parents to understand or keep up with what is being collected.

Warner, co-chair of the Senate Cybersecurity Caucus, also asked for answers to a bunch of questions including whether Ramirez thought the FTC had sufficient regulatory authority to protect children under the Children’s' Online Privacy Protection Act (COPPA) in the age of the Internet of Things, what methods parents have of controlling data collection from their kids.

An FTC staff report on IoT released earlier this year concludes that any specific Internet of Things (IoT) privacy or data security legislation would be "premature."

Warner cited that finding and asked if the FTC had any plans to revisit that decision.

Senate Select Intelligence Committee member Mark Warner (D-Va.) reacted late Thursday (June 4) to the news that the sensitive personal information of 4 million current and past federal employees were exposed in a data breach at the Office of Personeel Management (OPM).

Warner pointed out that he had authored an amendment to the Cybersecurity Information Sharing Act -- which passed the intelligence committee in March - -that would "require the intelligence community to produce a comprehensive accounting of the threat from cyberattacks and cybercrime, how the United States can better share intelligence with partner nations, what new technologies could help, and the extent to which prompt reporting of data breaches can help combat this threat."

Among other things, the bill would make it easier for NCTA members to share cyber threat information.

“Today's reported breach is part of a troubling pattern by this agency in failing to secure the personal data of federal employees – the second major breach in a year," said Warner. "Cyberattacks present a critical threat to our national security and our economy.  We cannot afford to keep dragging our feet in addressing the escalating threats posed by hackers out to steal individuals’ personal information.”

Sen. Ron Johnson (R-Wis.), chairman of the Senate Homeland Security and Governmental Affairs Committee, called it disturbing, particularly if reports are true that China was behind the hack.

“It is even more troubling that this is only the latest in a series of cyberattacks on the Office of Personnel Management," Johnson said. "Sen. OPM says it ‘has undertaken an aggressive effort to update its cybersecurity posture.’ Plainly, it must do a better job, especially given the sensitive nature of the information it holds.”

It was not clear at press time who, if anyone, at the FCC was affected. OPM simply announced about how many people were affected, not at which agencies. An FCC spokesperson said they would check, but was not sure whether OPM was informing agencies or only the individuals.