OVERNIGHT TECH: Senate panel to markup cyber bill

THE LEDE: The Senate Intelligence Committee will mark up a bill from Chairwoman Dianne FeinsteinDianne Emiel FeinsteinGOP senators introduce bill to prevent family separations at border Dem plays audio from child detention center on Senate floor 13 GOP senators ask administration to pause separation of immigrant families MORE (D-Calif.) and Saxby ChamblissClarence (Saxby) Saxby ChamblissLobbying World Former GOP senator: Let Dems engage on healthcare bill OPINION: Left-wing politics will be the demise of the Democratic Party MORE (R-Ga.) during a closed-door session on Tuesday.

The Cybersecurity Information Sharing Act (CISA) would encourage companies to share information about cybersecurity threats with each other and the federal government. The bill would allow the government to automatically share that information with multiple departments — including intelligence agencies like the National Security Agency (NSA) that have faced backlash after revelations about government surveillance — and puts in place limited restrictions on how federal, state and local law enforcement officials can use that information.

Because of the auto-sharing and limited restrictions on use, the bill has been harshly criticized by the privacy community. Late last month, the ACLU and others sent a letter to Senate leadership warning that the bill as written poses threats to privacy and whistleblowers. Another letter, sent by the Center for Democracy and Technology and others, warned that the bill gave companies and government agencies too much liability protection when sharing and reacting to information about cyber threats.

Some hope that NSA critics on the Senate Intelligence Committee — including Sens. Ron WydenRonald (Ron) Lee WydenHillicon Valley: Verizon, AT&T call off data partnerships after pressure | Tech speaks out against Trump family separation policy | T-Mobile, Sprint make case for B merger AT&T, Verizon say they'll stop sharing location data with third-party brokers The Memo: Child separation crisis risks ‘Katrina moment’ for Trump MORE (D-Ore.), Mark UdallMark Emery UdallSenate GOP rejects Trump’s call to go big on gun legislation Democratic primary could upend bid for Colorado seat Picking 2018 candidates pits McConnell vs. GOP groups MORE (D-Colo.) and Martin HeinrichMartin Trevor HeinrichOvernight Energy: DNC to reject fossil fuel donations | Regulators see no security risk in coal plant closures | Senate committee rejects Trump EPA, Interior budgets Energy commission sees no national security risk from coal plant closures The Hill's Morning Report — Trump: `A very great moment in the history of the world’ MORE (D-N.M.) — will attempt to change the bill during tomorrow’s closed-door markup.

“I'm not overly optimistic, but I would hope the mark-up reflects both the broad public concern over sweeping NSA surveillance programs and the serious objections raised by the civil liberties community on CISA specifically,” Gabe Rottman, policy advisor at the ACLU said. “We're particularly concerned that the bill as written would provide an end-run around existing privacy protections for the intelligence community and military and could be used to suppress whistleblowing.”

According to an aide for Wyden, the senator has concerns about the bill — echoing those expressed by privacy groups last month — but had not decided by Monday night whether he intended to introduce amendments to the bill during Tuesday’s markup.

At least one of the committee’s NSA critics is on board with the bill. Speaking off the Senate floor Monday night, Heinrich said he supports the bill and thinks it doesn’t “give anything that unique to the NSA.”

“The bill is not going to be perfect, but this is one of those issues where I think there are some very valid concerns regarding how exposed our economy is on the cyber front,” he said. “Obviously I believe in having safeguards and protections built into that, as you’ve seen with my previous criticisms of the NSA, but I don’t think sitting on our hands on the cyber front is going to serve us well in the long term.”


House patent markup scheduled: The House Commerce Subcommittee on Trade will hold a markup Thursday on a bill from Chairman Lee Terry (R-Neb.), according to a committee aide. That bill — introduced as a discussion draft last week — takes aim at abusive “demand letters,” which companies send threatening a patent infringement lawsuit. Patent reform advocates have said that abusive patent demand letters are a form of extortion as they allow companies to demand licensing fees without specifying what patent is allegedly being infringed.

Terry’s bill would require companies sending demand letters to include certain information in the letters and would codify the ability of the Federal Trade Commission and state attorneys general to bring charges against companies that send deceptive demand letters. The bill comes after comprehensive patent reform stalled in the Senate earlier this year.

Broadcasters oppose venue change for JSA challenge: The National Association of Broadcasters is trying to prevent its challenge of the FCC’s new rules for broadcast ownership from being moved from the Court of Appeals for the D.C. Circuit to the Third Circuit. In a brief filed late on Thursday before the long weekend, the trade group argued that there is “simply no basis” for transferring the case. 

A coalition of groups including Free Press, Common Cause and the broadcast employees’ union have sought to move the challenge to the Third Circuit, which reviewed two previous ownership cases. But the D.C. Circuit has an “extensive history with the broadcast ownership rules,” the NAB contended.  

FTC piles on spammers and robocallers: The Federal Trade Commission (FTC) added new charges against cellphone “crammers” who allegedly tricked people into paying extra fees on their phone bill. The commission added three new defendants to a prior accusation and explained that they targeted people with robocalls and charged $9.99 per month to consumers who had been told they won free $1,000 gift cards and iPads.

According to the FTC, consumers were never fairly told that entering their phone number and typing in a PIN number the company provided would lead to the monthly bill. 

Feds nab Russian hacker: The Justice Department on Monday announced that a Russian hacker who went by the alias “Track2” made his first appearance in a court in Guam. Roman Seleznev, 30, allegedly hacked into retail systems and installed malicious software designed to steal shoppers’ credit card numbers from October 2009 to February 2011. He also allegedly set up servers to host websites where criminals got together to sell their stolen credit card numbers.

Seleznev was charged with five counts of bank fraud, eight counts of intentionally damaging a protected computer and five counts of aggravated identity theft, among other charges that could put him in prison for decades.

“Cyber crooks should take heed: you cannot hide behind distant keyboards,” U.S. Attorney Jenny Durkan, who leads a subcommittee on cybercrime and intellectual property, said in a statement. “We will bring you to face justice.” 

Ayotte staffer heads to eBay: John Lawrence, a former staffer of Sen. Kelly AyotteKelly Ann AyotteErnst, Fischer to square off for leadership post The Hill's Morning Report: Koch Network re-evaluating midterm strategy amid frustrations with GOP Audit finds US Defense Department wasted hundreds of millions of taxpayer dollars MORE (R-N.H.) and Rep. Spencer BachusSpencer Thomas BachusManufacturers ramp up pressure on Senate to fill Ex-Im Bank board Bipartisan group of House lawmakers urge action on Export-Import Bank nominees Overnight Finance: Trump, lawmakers take key step to immigration deal | Trump urges Congress to bring back earmarks | Tax law poised to create windfall for states | Trump to attend Davos | Dimon walks back bitcoin criticism MORE (R-Ala.), is joining eBay’s lobbying team to focus on privacy, intellectual property, sales tax and cybersecurity, the company announced on Monday. 

McCarthy nudged on ECPA in hometown paper: House Majority Leader-elect Kevin McCarthy (R-Calif.) was nudged to support a bill requiring police obtain a warrant before searching people’s emails. Katie McAuliffe, the federal affairs manager at Americans for Tax Reform and head of its Digital Liberty project, penned an op-ed in the Bakersfield Californian calling for Congress to “take charge” in updating the law “for the digital age.” More than half the House has signed on as a co-sponsor to the Email Privacy Act, but the bill has not yet received a vote on the floor. 



The Senate Intelligence Committee will begin its closed-door markup of the Cyber Information Sharing Act at 2:30 p.m.

Free Press is hosting a briefing on net neutrality starting at 3:30 p.m. Sen. Al FrankenAlan (Al) Stuart FrankenRichard Painter puts out 'dumpster fire' in first campaign ad Bill Clinton says 'norms have changed' in society for what 'you can do to somebody against their will' The Hill's Morning Report — Trump: `A very great moment in the history of the world’ MORE (D-Minn.) will deliver the opening remarks.

Rep. Ted PoeLloyd (Ted) Theodore PoeFive races to watch in the Texas runoffs Five Republican run-offs to watch in Texas Hillicon Valley: House Dems release Russia-linked Facebook ads | Bill would block feds from mandating encryption 'back doors' | AT&T hired Cohen for advice on Time Warner merger | FCC hands down record robocall fine | White House launches AI panel MORE (R-Texas) delivers keynote remarks at a Cato Institute discussion on digital privacy that gets underway at 4:00.



A coalition of education groups is backing a proposal at the Federal Communications Commission that would funnel billions of dollars into wireless Internet for schools and libraries.

Top experts say there could be a new person leaking details about the National Security Agency, in addition to former contractor Edward Snowden.

Two Kansas Republicans want to overhaul a government program to make sure more rural schools can connect to the Internet.

YouTube has begun directly citing Internet providers’ networks to explain slow-loading videos


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