Posts with «government» label

US and China will cooperate to limit climate change this decade

The US and China are at odds on many fronts, but climate change might not be one of them. The Washington Postreports the two countries have issued a joint pledge at COP26 to limit global warming during the 2020s. Both nations said they recognized a gap between current actions and the Paris agreement target of keeping that warming below 2C, and ideally no higher than 1.5C.

The exact terms weren't available as of this writing, but US climate envoy John Kerry said China committed to reducing methane emissions and coal use "as fast as is achievable." China wouldn't, however, join a US-Europe initiative to cut methane emissions by a third no later than 2030.

Whether or not this translates to meaningful action is far from clear. China has made some efforts to promote electric vehicles and reduce coal dependence, but it's still the largest contributor to emissions and hasn't radically reduced its harmful output. It also hasn't had much of a presence at COP26, with President Xi Jinping declining to show up where US President Joe Biden was happy to attend.

The US isn't immune to problems, either. While the Biden administration has promised to halve greenhouse gas emissions by 2030 and spur EV adoption, there's no guarantee it can pass legislation needed to honor its side of the pledge. That's also assuming the next White House doesn't undo previous environmental efforts.

It's still rare to see the US and China agree on climate change issues, though, and the very existence of the pledge represents progress for China. The country hadn't previously acknowledged the impact of methane on global warming, for instance. That suggests China is at least aware of the scope of the problem, even if there's a long way to go before it addresses that problem.

Bipartisan bill seeks to curb recommendation algorithms

A bipartisan group of House lawmakers has introduced legislation that would give people more control over the algorithms that shape their online experience. If passed, the Filter Bubble Transparency Act would require companies like Meta to offer a version of their platforms that runs on an "input-transparent" algorithm that doesn't pull on user data to generate recommendations.

The bill would not do away with "opaque" recommendation algorithms altogether but would make it a requirement to include a toggle that allows people to switch that functionality off. Additionally, platforms that continue to use recommendation algorithms need to have a notification that informs people those recommendations are based on inferences generated by their personal data. The prompt can be a one-time notice, but it would need to be presented in a "clear, conspicuous manner," according to the proposed bill.

The legislation was introduced by Representatives Ken Buck (R-CO), David Cicilline (D-RI), Lori Trahan (D-MA) and Burgess Owens (R-UT). It's a companion bill to legislation Senators John Thune of South Dakota and Richard Blumenthal of Connecticut introduced this past June. "Consumers should have the option to engage with internet platforms without being manipulated by secret algorithms driven by user-specific data," Buck told Axios, the first outlet to report on the legislation.

Lawmakers have frequently criticized social media giants for using recommendation algorithms to boost user engagement, but so far, there's been little legislative action to curb their use. In the aftermath of the January 6th US Capitol attack, a group of more than 30 Democratic lawmakers called on Meta (then known as Facebook), Twitter and YouTube to make substantive changes to their recommendation engines but ultimately stopped short of threatening regulatory action. Although the Filter Bubble Transparency Act has bipartisan support across the House and Senate, it's unclear if it would pass.

US Copyright Office eases DMCA restrictions to allow for more device repairs

The right to repair movement just got a big boost from the US Copyright Office. Responding to proposals from a variety of organizations, including the Electronic Frontier Foundation and iFixit, the office on Wednesday recommended new exemptions to Section 1201 of the Digital Millennium Copyright Act as it relates to the repair of consumer electronics. The statute prohibits the circumvention of software copy protection and has been the target of right to repair advocates for years.

As reported by The Verge, the Copyright Office recommends additional protections for many consumer-facing devices that rely on software to function. As one example, it adopts a recommendation from Public Knowledge and iFixit that involves video game consoles. It says “the repair of software-enabled consumer devices is likely to be fair use, the Register finds that certain video game console repair is also likely fair use.”

It notes consumers can access the firmware on their systems as long as it’s with the intention of fixing the device’s optical drive and they restore any protective measures afterward. The rulemaking stops short of protecting non-consumer devices. However, the Library of Congress has signed off on the recommendations, paving the way for them to go into effect on October 28th.

The decision is likely to complement the efforts of the Biden administration on the same front. At the start of July, the president ordered the Federal Trade Commission to draft new rules to empower consumers and businesses to repair their devices on their own and at independent shops. The executive order marked the first time a US president had ever weighed in on the right to repair movement. Later that same month, the FTC complied with the directive, voting unanimously to tackle unlawful repair restrictions. At the time, it said it would work with law enforcement and policymakers to update existing regulations to protect small businesses and companies that would prevent them from fixing their own products.

We’ve reached out to iFixit and the EFF for comment.

FCC revokes China Telecom's ability to offer services in the US

The Federal Communications Commission has revoked the ability of China Telecom Americas to operate in the US. Citing national security concerns, the agency voted unanimously in favor of a proposal it had been considering since the end of 2020. With today’s order, the company, a subsidiary of China’s largest state-owned carrier, has 60 days to discontinue telecom services in the US.

Following a proceeding that involved input from the Justice Department, the FCC found that China Telecom is likely to comply with requests from the Chinese government, affording the country the opportunity to access, store, disrupt and misroute US communications. “Promoting national security is an integral part of the Commission’s responsibility to advance the public interest, and today’s action carries out that mission to safeguard the nation’s telecommunications infrastructure from potential security threats,” the FCC said.

Over the last year, the FCC has taken similar actions against other Chinese telecoms and equipment manufacturers. Most notably, it labeled both Huawei and ZTE as national security threats and ordered US carriers to replace any networking equipment from the two companies.

We've reached out to China Telecom Americas for comment.

Regulator orders Apple, Google to hand over app store payment system data

American tech heavyweights are facing yet more scrutiny of their payment practices. The Consumer Financial Protection Bureau has ordered Amazon, Apple, Facebook, Google, PayPal and Square to hand over info concerning their payment system plans. The bureau wants to learn how these companies harvest data and control access to spot any anti-consumer behavior and provide "adequate" protections to the public.

The CFPB will also study Chinese tech firms' payment systems, including Alipay and WeChat Pay.

Director Rohit Chopra justified the order by warning that payments can pose a threat to the fair market thanks to their "tremendous scale and market power." He pointed to China as an example, noting that systems like Alipay and WeChat Pay are so thoroughly integrated with Chinese society that residents are effectively forced to use them as-is.

The bureau said it was following up on Federal Trade Commission oversight of Big Tech. The regulator has studied some of the companies' behavior in detail and, in the faces of Facebook and Google, put them under close watch. In 2020, for instance, the FTC investigated Facebook and Google acquisitions that hadn't been reported.

There's no certainty the CFPB orders will lead to regulatory action. However, they come right as politicians are trying to rein in Apple, Google and others for allegedly abusing app store payments. The Biden administration as a whole is also determined to crack down on tech companies. There's a chance CFPB will take corrective measures, even as those companies lower fees and otherwise try to make peace offerings.

Commerce Department limits sale of hacking tools to Russia and China

The US Commerce Department has announced new rules related to the export and resale of cyber intrusion software. Once the limits come into effect in 90 days, companies that want to sell their hacking tools to countries “of national security or weapons of mass destruction concern” will need to obtain a license from the department’s Bureau of Industry and Security (BIS). The policy also covers nations that are under a US arms embargo.

Per The Washington Post, the rule is complicated. There are already many limitations on the export of intrusion software. Similarly, there are opportunities for companies to obtain exceptions. The main point is that the policy would cover the sale of software to countries like China and Russia. It would also limit the sale of programs like NSO’s Pegasus spyware, which some governments have used to target dissidents and journalists.

“The United States Government opposes the misuse of technology to abuse human rights or conduct other malicious cyber activities, and these new rules will help ensure that US companies are not fueling authoritarian practices,” the Commerce Department said.

Among the 42 countries involved in the Wassenaar Arrangement, a pact that sets voluntary export controls on military and dual-use technologies, the US is one of the last to impose limits on the sale of hacking software. Part of the reason for that is that the country has spent years working on the rules to ensure they don’t prevent cybersecurity researchers across the globe from working together to discover new flaws.

FDA proposes rule for over-the-counter hearing aids

The Food and Drug Administration is moving closer to making more affordable over-the-counter (OTC) hearing aids a reality for millions of Americans with mild or moderate hearing loss. The agency issued a proposal to create a category of approved devices that people would be able to buy without a prescription, hearing exam or having to arrange a fitting with an audiologist.

"The proposed rule is designed to help increase competition in the market while also ensuring the safety and effectiveness of OTC and prescription hearing aids," the FDA said. Around 15 percent of adult Americans (some 37.5 million) have hearing difficulties, according to the agency.

The FDA's goal is to make it easier for those who could benefit from hearing aids to actually get one — it says only a fifth of people who fall into that category use such a device. The agency is hoping to tackle some of the barriers people might encounter, including cost, ease of access, social stigma and state and federal regulations.

In 2017, the federal government passed the Over-the-Counter Hearing Aid Act with the aim of improving access to more affordable hearing aids. Hearing aids have only available with a prescription as the FDA classed them as Class I or II medical devices. President Joe Biden signed an executive order in July that, in part, instructed the Secretary of Health and Human Services to publish a proposed rule for OTC hearing aids within 120 days.

The proposal is now open to a 90-day public comment period. If and when the rule is finalized, it will come into effect 60 days after it's published in the federal register.

Several companies have already made moves to gain a foothold in the OTC hearing aid market. Earlier this year, Bose started selling its SoundControl hearing aids after gaining approval from the FDA, while Jabra unveiled its Enhance Plus earbuds a couple of months ago. Other companies are blending hardware and tech in hearing aids, including Bragi and Olive Union.

Apple, meanwhile, recently updated AirPods Pro with a feature that amplifies the volume of other people's voices in conversation while reducing ambient noise. The company is also said to be looking into ways of using AirPods as health devices.

EPA announces plans to regulate cancer-causing 'forever chemicals'

Showing up in everything from cosmetics and dental floss to product packaging and cleaning supplies. polyfluoroalkyl and perfluoroalkyl substances, or PFAS, are ubiquitous to the modern world. They're also known as "forever chemicals" as they do not break down in nature. What's more, they've been linked to a host of human diseases, from thyroid conditions to certain cancers, which is why, in 2016, the Obama administration enacted a unenforceable recommendation limiting the amount of PFAS in a given product should not exceed 70 parts per trillion. On Monday, the Biden administration announced that it will give Obama's recommendation some teeth.

Today, @EPAMichaelRegan announced EPA’s Strategic Roadmap to confront #PFAS. This roadmap delivers on the agency’s mission to protect public health & the environment and answers the call for action on these persistent & dangerous chemicals. Read more here: https://t.co/2GyHIfEVajpic.twitter.com/kDHbwYgEJm

— U.S. EPA (@EPA) October 18, 2021

“This is a really bold set of actions for a big problem,” EPA administrator Michael Regan told The Washington Post. “This strategy really lays out a series of concrete and ambitious actions to protect people. There are concrete steps that we are taking that move this issue forward in a very aggressive way.”

The EPA unveiled its 3-year roadmap towards regulating the class of chemicals on Monday centers on a trio of approaches: "increase investments in research, leverage authorities to take action now to restrict PFAS chemicals from being released into the environment, and accelerate the cleanup of PFAS contamination," according to the EPA. To that end, the administration plans to set enforceable drinking water limits under the Safe Drinking Water Act, designate PFAS as a hazardous substance under CERCLA (which would hold manufacturers financially liable for incinerating the chemical or releasing it into waterways), set timelines for establishing effluent guideline limitations under the Clean Water Act, review rules and guidance under the Toxic Substances Control Act, and expand monitoring, data collection and research of the chemicals. Additionally, the agency announced a new national testing strategy that will require PFAS manufacturers to provide toxicity data on the chemicals they create. 

“Communities contaminated by these toxic forever chemicals have waited decades for action,” Ken Cook, President of the Environmental Working Group, said in a press statement. “So, it’s good news that Administrator Regan will fulfill President Biden’s pledge to take quick action to reduce PFOA and PFOS in tap water, to restrict industrial releases of PFAS into the air and water, and to designate PFOA and PFOS as hazardous substances to hold polluters accountable. It’s been more than 20 years since EPA and EWG first learned that these toxic forever chemicals were building up in our blood and increasing our likelihood of cancer and other health harms. It’s time for action, not more plans, and that’s what this Administrator will deliver."

A handful of states including New Jersey, Vermont, Michigan, and New York, have already moved to regulate the chemicals on their own — California banned their use in baby and toddler products earlier this year — while the EU has banned many of the chemicals outright. The US Navy has announced that it will ban PFAS from its firefighting foam by October, 2023, as directed by Congress.

Former Boeing chief technical pilot involved in 737 Max testing charged with fraud

Mark A. Forkner, Boeing's former chief technical pilot involved in the company's 737 Max testing, was indicted for fraud by a grand jury in Texas. Due to his position with the company, he was in charge of coordinating with the Federal Aviation Administration to determine the kind of training a pilot needs to fly a particular plane. The indictment accuses him of deceiving the agency's Aircraft Evaluation Group (FAA AEG) when it evaluated and certified the 737 Max model. If you'll recall, two 737 Max planes crashed within months of each other in 2018 and 2019, killing 346 people.

Forkner allegedly provided the FAA with "materially false, inaccurate, and incomplete information about a new part of the flight controls for the Boeing 737 MAX called the Maneuvering Characteristics Augmentation System (MCAS)." In both crashes, the AEG determined after an investigation that MCAS, a system designed to push the plane's nose down in certain situations, activated during the flight. The planes that crashed — Lion Air Flight 610 and Ethiopian Airlines Flight 302 — nosedived almost as soon as they took off.

According to the Department of Justice, Forkner discovered an important change to MCAS in November 2016, but he allegedly withheld that information from the AEG. As a result, the FAA removed all reference to MCAS in the pilot training materials for the 737 Max. Acting US Attorney Chad E. Meacham for the Northern District of Texas said in a statement that the former chief pilot's actions were financially motivated:

“In an attempt to save Boeing money, Forkner allegedly withheld critical information from regulators. His callous choice to mislead the FAA hampered the agency’s ability to protect the flying public and left pilots in the lurch, lacking information about certain 737 MAX flight controls. The Department of Justice will not tolerate fraud — especially in industries where the stakes are so high."

Earlier this year, Boeing agreed to pay $2.5 billion to settle the criminal charge that it had conspired to defraud the FAA. It also agreed to work with the FAA's fraud section for any ongoing and future investigations. As for Forkner, he was charged with two counts of fraud involving aircraft parts and four counts of wire fraud. He's now facing a sentence of up to 100 years in prison. 

House bill would limit Section 230 protections for 'malicious' algorithms

Congress is once again hoping to limit Section 230 safeguards under certain circumstances. Rep. Frank Pallone and other House Democrats are introducing a bill, the Justice Against Malicious Algorithms Act (JAMA), that would make internet platforms liable when they "knowingly or recklessly" use algorithms to recommend content that leads to physical or "severe emotional" harm. They're concerned online giants like Facebook are knowingly amplifying harmful material, and that companies should be held responsible for this damage.

The key sponsors, including Reps. Mike Doyle, Jan Schakowsky and Anna Eshoo, pointed to whistleblower Frances Haugen's Senate testimony as supposed evidence of Facebook's algorithm abuse. Her statements were proof Facebook was abusing the Communications Decency Act's Section 230 "well beyond congressional intent," according to Eshoo. Haugen alleged that Facebook knew its social networks were harmful to children and spread "divisive and extreme" content.

The bill only applies to services with over 5 million monthly users, and won't cover basic online infrastructure (such as web hosting) or user-specified searches. JAMA will go before the House on October 15th.

As with past proposed reforms, there are no guarantees JAMA will become law. Provided it passes the House, an equivalent measure still has to clear a Senate that has been hostile to some Democrat bills. The parties have historically disagreed on how to change Section 230 — Democrats believe it doesn't require enough moderation for hate and misinformation, while Republicans have claimed it enables censorship of conservative viewpoints. The bill's vaguer concepts, such as 'reckless' algorithm use and emotional damage, might raise fears of over-broad interpretations.

The bill could still send a message even if it dies, though. Pallone and the other JAMA backers argue the "time for self-regulation is over" — they're no longer convinced social media heavyweights like Facebook can apologize, implement a few changes and carry on. This won't necessarily lead to a more strictly regulated social media space, but it could put more pressure on social networks to implement far-reaching policy changes.