Posts with «government» label

President Biden will order the FTC to draft 'right to repair' rules

After years of advocacy work, the right to repair movement in the US could soon see a significant breakthrough. According to Bloomberg, President Joe Biden will “in the coming days” direct the Federal Trade Commission (FTC) to draft new regulations to empower consumers to repair their devices on their own and at independent shops.

While there aren’t many details on the executive order just yet, it will reportedly mention phone companies as a possible target of regulation. However, farmers are expected be the primary beneficiary. During Tuesday's White House briefing, Press Secretary Jen Psaki said the order would give them "the right to repair their own equipment how they like.” White House economic adviser Brian Deese said on Friday that the order is broadly designed to drive “greater competition in the economy, in service of lower prices for American families and higher wages for American workers.”

Over the years, states across the US have tried to pass right to repair legislation. However, companies like Caterpillar, John Deere, and Apple have consistently lobbied against those efforts, claiming they would put consumers at risk by compromising the security and safety of their devices. And to date, no state has passed legislation that makes it easier for consumers to repair their products independently. As Motherboard notes, Biden’s order will mark the first time a president has weighed in on the issue.

The move comes as support for the right to repair movement builds in other parts of the world. In 2020, the European Commission said it would introduce legislation to push manufacturers to create products that are easier to repair and reuse. That same year, the European Parliament voted to direct the Commission to develop and introduce a mandatory labeling system that assigns a reparability score to products.

We’ve reached out to the Consumer Technology Association, which represents electronics manufacturers, for comment. We’ve contacted iFixit as well. We’ll update this article when we hear back from them.

Federal judge blocks Florida's social media 'deplatforming' law

Florida's social media 'deplatforming' law that would've taken effect on Thursday has been temporarily blocked by a federal court. US District Judge Robert Hinkle has granted a preliminary injunction to stop "the parts of the legislation that are pre-empted or violate the First Amendment" from being enforced, according to AP and The New York Times. The law would give the state the right to fine social media companies like Facebook up to $250,000 a day if they ban or remove the account of a statewide political candidate. They could also be fined up to $25,000 a day for banning a local office candidate.

Florida Governor Ron DeSantis proposed the law shortly after Facebook, Instagram and Twitter banned former President Donald Trump. Republican politicians have long accused mainstream social media platforms of having an anti-conservative bias. After the bill successfully went through Florida's legislative house and senate, DeSantis signed it into law back in May. While the law targets the world's biggest social networks, the authors made sure Disney+ won't get caught up in it by making an exemption for theme park owners. As AP notes, the Walt Disney World located outside Orlando is one of the state's biggest employers. 

The entities that filed the lawsuit to challenge the legislation were NetChoice and the Computer & Communications Industry Association — lobbying groups that represent Facebook, Google and other tech giants. Judge Hinkle explained that the plaintiffs would likely win the lawsuit on their claim that the new law violates the First Amendment if the case went to trial.

According to Hinkle:

"The legislation compels providers to host speech that violates their standards — speech they otherwise would not host — and forbids providers from speaking as they otherwise would...

The legislation now at issue was an effort to rein in social-media providers deemed too large and too liberal. Balancing the exchange of ideas among private speakers is not a legitimate governmental interest."

Maine bans facial recognition technology from schools and most police work

Maine has passed the strongest statewide law regulating government use of facial recognition to date. The state’s House and Senate voted unanimously in favor of rules that prohibit law enforcement from using the technology unless they have probable cause that an unidentified person in an image committed a serious crime. Once the law goes into effect later this year, it will also limit how police conduct facial ID searches. They won’t have direct access to the tech. Instead, they’ll need to go through the FBI and Maine Bureau of Motor Vehicles (BMV) in the few instances where they’re sanctioned to use it.

Additionally, the law affords citizens the right to sue the state if they believe a government agency has used the technology unlawfully. It also prohibits Maine from deploying facial recognition systems in schools, and mandates that both Maine State Police and the BMV will need to maintain public records of search requests from law enforcement.

The American Civil Liberties Union (ACLU) said the bill “stands in sharp contrast” to Washington state’s SB 6280, the only other statewide law in the US governing the use of facial recognition. That bill was sponsored and primarily written by a current Microsoft employee. It has also been criticized by privacy advocates for giving police too many opportunities to use the technology for surveillance purposes. 

Automakers must report crashes involving self-driving and driver-assist systems

The National Highway Traffic Safety Administration (NHTSA) has implemented a new policy that will require car companies to report incidents involving semi- and fully autonomous driving systems within one day of learning of an accident. In an order spotted by The Washington Post, NHTSA mandates automakers fill out an electronic incident form and submit it to the agency when one of their systems was active either during a crash or immediately before it. They must report an accident anytime there's a death, an injury that requires hospital treatment, a vehicle that's towed away, an airbag deployment or when a pedestrian and or cyclist is involved. The order covers Level 2 advanced driver-assistance systems to Level 5 fully autonomous vehicles, meaning it includes the gamut of everything from Tesla cars with Autopilot to Waymo taxis.

"This action will enable NHTSA to collect information necessary for the agency to play its role in keeping Americans safe on the roadways, even as the technology deployed on the nation's roads continues to evolve," the regulator said. NHTSA said it would also require automakers to send in monthly reports detailing all incidents with injuries or property damage involving their automated driving systems. Companies that fail to comply with the order could face fines of up to $22,992 per day, according to The Post.

NHTSA's order comes some two months after a 2019 Tesla Model S was involved in a high-profile crash where investigators initially said there was no one behind the car's wheel. The National Transportation Safety Board (NTSB) later said it examined home security footage that showed the owner got into the driver's seat before the fatal accident. Mere weeks ahead of that incident, Robert Sumwalt, the chair of the NTSB, sent a letter to NHTSA in which he called on the agency to implement stricter regulation related to automated vehicle technology. NHTSA "must act" to "develop a strong safety foundation," he said, citing Tesla frequently in his letter.

Senator proposes law to safeguard journalists’ data from the government

Today, Sen. Ron Wyden (D-Ore.) proposed a new bill, called the Protect Reporters from Excessive State Suppression (PRESS) Act, that would protect journalists’ data records from being seized by the government. This comes several months after the Justice Department admitted that it acquired phone and email records from reporters at The Washington Post, CNN and the New York Times in order to identify sources.

Wyden said in a statement that there needed to be rules “protecting reporters from government surveillance” and that it should be “written into black-letter law.” He said: “The Trump administration spied on reporters it suspected of no crimes in its hunt to identify their sources and prevent the American people from learning the truth about Trump’s lawlessness and corruption.”

Even though Biden’s DOJ had initially defended the use of subpoenas, the president soon said it was wrong, putting a stop to the practice. Attorney General Merrick Garland had also requested new rules be put in place around cases involving reporters. He also met with executives from the aforementioned three news organizations to discuss the situation.

While most states have some form of shield law for reporters, the federal government does not. One of the problems with prior attempts at this legislation had to do with how a journalist is defined plus what kind of activities should be protected. A federal law, for example, would have to figure out how to safeguard journalist’s privacy while also protecting national security interests. 

Wyden’s bill proposes that journalists be shielded from court-ordered disclosures of sources, but allows for exceptions if the information would prevent terrorism, identify terrorists, or if it would prevent violence or death.

NTSB cites Tesla to make the case for stricter autonomous driving regulation

The National Transportation Safety Board (NTSB) is calling on its sister agency to implement stricter regulation related to automated vehicle technology. In a letter it sent to the National Highway Traffic Safety Administration (NHTSA) at the start of February (via CNBC), the NTSB says the regulator “must act” to “develop a strong safety foundation.” What’s notable about the document is that NTSB chair Robert Sumwalt frequently cites Tesla in a negative light to support his department’s suggestions. The automaker is referenced 16 times across the letter’s 15 pages.

For instance, in one section, Sumwalt writes of NHTSA’s “continued failure” to implement regulations that would prevent driver-assist systems like Autopilot from operating beyond their intended use. “Because NHTSA has put in place no requirements, manufacturers can operate and test vehicles virtually anywhere, even if the location exceeds the AV control system’s limitations,” Sumwalt writes. “For example, Tesla recently released a beta version of its Level 2 Autopilot system, described as having full self-driving capability. By releasing the system, Tesla is testing on public roads a highly automated AV technology but with limited oversight or reporting requirements.”

This is not the first time the NTSB has criticized both Tesla and its sister agency. When it held a hearing last year on the deadly 2018 crash that killed Apple developer Walter Haung, Sumwalt expressed frustration with both the NHTSA and Tesla. “Government regulators have provided scant oversight,” he said of the former while blasting the automaker for not responding to its recommendations. But there’s little the agency can do beyond issuing recommendations. As part of its role in investigating traffic accidents, it does not have the authority to regulate or even enforce any of the safety measures it suggests. That responsibility falls to the NHTSA. Under the Trump administration, the agency has mostly let state regulators decide how to approach the question of automated vehicle technologies.

US lawmakers introduce bill to make high-speed internet available to all

A new bill aims to make high-speed internet more accessible everywhere in the US, including far-flung locations and underserved communities. House Majority Whip James E. Clyburn has introduced the Accessible, Affordable Internet for All Act (PDF), which will spend $94 billion to ensure that unserved and persistent poverty communities have access to affordable high-speed internet. Senator Amy Klobuchar (D-MN), co-chairperson of the Senate Broadband Caucus, has also introduced the bill in the Senate.

Out of its total budget, $80 billion will be spent on deploying broadband infrastructure nationwide, while prioritizing unserved and underserved rural, suburban and urban areas. Providers whose networks were built from that money will then be required to offer affordable plans to consumers. The bill will also authorize the spending of $5 billion over five years on a new program that would provide low-interest financing for broadband infrastructure build out projects. The Emergency Broadband Benefit, which provides a $50 monthly discount on internet plans for low-income Americans and $75 for customers on tribal lands, will get an additional $6 billion in funding. $2 billion will go to the Emergency Connectivity Fund for students that need internet connection, and a portion of the money will also go towards funding for WiFi on school buses. 

In the lawmakers' announcement, they said the legislation was a product of extensive collaboration between Clyburn's House Rural Broadband Task Force, Chairman Frank Pallone of the House Energy and Commerce Committee and Senator Klobuchar. 

Clyburn said in a statement:

"Access to broadband today will have the same dramatic impact on rural communities as the rural electrification efforts in the last century. When I formed the Rural Broadband Task Force, our mission was to address the digital divide. The disparate effects of that divide have been amplified during the COVID-19 pandemic and exposed the urgency of ensuring universal access to high-speed internet. I look forward to working with my colleagues in the House and Senate to enact the Accessible, Affordable Internet for All Act."