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2018年4月9日 星期一

Overnight Tech: High-stakes test for Zuckerberg | Intends to apologize to Congress | Facebook pushed to expand new EU privacy rules | Feds indict Backpage execs | Groups want FTC probe of YouTube

 
 
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Zuckerberg enters the lion's den: It's a big week for Mark Zuckerberg who is facing the toughest political test of his career. The stakes are high as he testifies before the House and Senate this week over the Cambridge Analytica data scandal and the steps his company is taking to better protect users' privacy.

 

Here are Monday's key developments...

--Meet and greet: Zuckerberg made the rounds with Senate leaders on Monday ahead of his hotly anticipated testimony Tuesday before the Senate Commerce and Judiciary committees. Among those he visited with were Sens. John Thune (R-S.D.), chairman of the Commerce Committee, Chuck Grassley (R-Iowa), chair of the Judiciary Committee, Dianne Feinstein (D-Calif.), ranking member on the Judiciary Committee, and Bill Nelson (D-Fla.) the top Dem on the Commerce Committee.

-- Mea culpa: He'll also testify in front of the House Commerce Committee on Wednesday. That panel released Zuckerberg's written testimony today, in which he apologized to Congress.

Key quote: "We didn't take a broad enough view of our responsibility, and that was a big mistake," Zuckerberg plans to say. "It was my mistake, and I'm sorry. I started Facebook, I run it, and I'm responsible for what happens here."

--Business on trial: Zuckerberg is expected to push back on questions about whether the Cambridge Analytica scandal and other issues at Facebook highlight a problem with the company's very business model.

Critics say that the company relies on exploiting users' personal information in order to generate ad revenue, but Zuckerberg and Facebook COO Sheryl Sandberg argue that its targeted ads benefit consumers by showing them services that they'll find relevant.

Key quote: "My top priority has always been our social mission of connecting people, building community and bringing the world closer together," Zuckerberg's statement reads. "Advertisers and developers will never take priority over that as long as I'm running Facebook."

--Facebook shut down Russian accounts: Zuckerberg also revealed in his prepared testimony that Facebook had booted a group of accounts in 2016 suspected of having ties with Russian espionage operations.

He will testify that the accounts "created fake personas that were used to seed stolen information to journalists" under the name of DCLeaks -- the website that published hacked emails from the Democratic National Committee (DNC).

--Does Cambridge Analytica have your data? Facebook plans to notify the estimated 87 million of its users whose data may have been acquired by Cambridge Analytica, The Associated Press reported Monday.

The social media company will send messages to the potentially affected users beginning Monday, while every Facebook user will get a "Protecting Your Information" notification.

--Fashion notes: Zuckerberg was also spotted walking around the Capitol in a suit Monday. That should please President Trump's chief economic adviser, Larry Kudlow, who mocked the Facebook exec's normally casual style earlier in the day. Kudlow advised Zuckerberg to take the hearing seriously by not wearing "hoodies and dungarees."

--ICYMI: The New York Times interviewed some of the people swept up in the Cambridge Analytica leak. And in an interview with The Atlantic, Zuckerberg said he is not leaving and intends to work through changes.

 

--For more on the high stakes for Zuckerberg's first testimony before Congress, click here.

And click here to read his full testimony.

Also, check back at TheHill.com Tuesday morning for five things to watch in Zuckerberg's testimony.

 
 
 
 

Please send your tips, comments and Masters reaction to Ali Breland (abreland@thehill.com) and Harper Neidig (hneidig@thehill.com) and follow us on Twitter: @alibreland and @hneidig. We're also on Signal and WhatsApp. Email or DM us for our numbers.

 

And in some non-Facebook news... Feds charge Backpage execs: The Justice Department on Monday announced dozens of prostitution and money laundering charges against Backpage.com executives. The 94-count indictment was unsealed days after feds seized the classified ads site.

"For far too long, Backpage.com existed as the dominant marketplace for illicit commercial sex, a place where sex traffickers frequently advertised children and adults alike," Attorney General Jeff Sessions said in a statement. "But this illegality stops right now. Last Friday, the Department of Justice seized Backpage, and it can no longer be used by criminals to promote and facilitate human trafficking."

--Backstory: Backpage was the catalyst for the online sex trafficking bill that Congress passed this year and is awaiting President Trump's signature.

 

Calls for FTC to probe YouTube: Consumer and privacy groups filed a complaint with the FTC against Google alleging that YouTube is violating children's privacy.

"Google profits handsomely from selling advertising to kid-directed programs that it packages," said Center for Digital Democracy Director Jeff Chester.

"It makes deals with producers and distributors of kids' online programs worldwide. Google has built a global and very lucrative business based on kids' deep connections to YouTube."

 

OK, back to Facebook... Groups push Facebook to extend new privacy rules globally: A coalition of consumer groups in the U.S. and Europe wrote to Mark Zuckerberg on Monday asking that he offer privacy protections to Facebook users around the world that will soon be required by EU law.

The General Data Protection Regulation (GDPR) goes into effect May 25 and will require websites to be more transparent about their data policies and give users greater control over their personal information.

"There is simply no reason for your company to provide less than the best legal standards currently available to protect the privacy of Facebook users," reads the letter from the Trans Atlantic Consumer Dialogue.

Zuckerberg told reporters last week that Facebook will offer new privacy controls to all of its users, not just those in Europe, but advocates want him to affirm that commitment. The ACLU sent a letter to Congress today asking lawmakers to follow up during this week's hearings.

-ICYMI, read Harper's story on how tech giants are scrambling to comply with the sweeping new privacy law.

 

Facebook to study social media impact on elections: As one of the changes it is promoting ahead of Zuckerberg's testimony, Facebook said that it was launching a project to study social media's impact on the 2016 election.

The goal of the new independent commission is "both to get the ideas of leading academics on how to address [election interference and misinformation] as well as to hold us accountable for making sure we protect the integrity of these elections on Facebook," Zuckerberg wrote in a post on Monday.

--Big name backers... The new initiative will receive funding from several groups, including the conservative Charles Koch Foundation, the Democracy Fund and the Omidyar Network, a philanthropic investment firm set up by eBay founder Pierre Omidyar.

 

More Facebook: Ouch. Influential Apple co-founder Steve Wozniak on Monday said he was deleting his Facebook account. "Apple makes its money off of good products, not off of you," the Woz told USA Today. "As they say, with Facebook, you are the product." It's only the latest shot from Team Apple at Facebook.

Also... The largest pro-Black Lives Matter page on Facebook was actually a scam tied to a white man in Australia, CNN reported on Monday.

 

Longread of the day: Who is Uber's new CEO, Dara Khosrowshahi? The New Yorker takes a deeper look into the former Expedia CEO and where he wants to take Uber in the wake former CEO Travis Kalanick's missteps.

 

ON TAP:

It's a big one... The Senate Commerce and Judiciary Committees will hold a joint hearing where Facebook CEO Mark Zuckerberg will testify at 2:15 p.m.

 

IN CASE YOU MISSED IT:

NYT: Inside Mark Zuckerberg's Congressional hearing prep

New Yorker: Mark Zuckerberg's apology tour

Reuters: Apple says all its facilities now powered by clean energy

NYT: Zuckerberg apologizes to Myanmar activists, sources say

Op-ed: Like the early web, cryptocurrency represents big risks and major opportunities

 
 
 
 
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Overnight Finance: CBO projects return of $1T deficits | Republicans rue Trump trade war | Stocks cooling off from Trump bump | Senators skeptical of spending clawback | Mulvaney blasts consumer bureau leaks

 
 
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Happy Monday and welcome back to Overnight Finance, where we're trudging through football weather despite the start of baseball season. I'm Sylvan Lane, and here's your nightly guide to everything affecting your bills, bank account and bottom line.

See something I missed? Let me know at slane@thehill.com or tweet me @SylvanLane. And if you like your newsletter, you can subscribe to it here: http://bit.ly/1NxxW2N.

 

THE BIG DEAL: The era of $1 trillion-deficits is right around the corner.

This year's federal budget deficit will rise to $804 billion and is projected to nearly hit $1 trillion in 2019, largely because of the GOP tax cuts and the bipartisan $1.3 trillion spending package approved last month, according to updated projections released Monday by the Congressional Budget Office (CBO).

The $804 billion deficit this year would be a $139 billion increase over 2017, with the total representing 4 percent of gross domestic product (GDP).

In 2019, deficits would rise to $981 billion before peaking at 5.4 percent of GDP in 2022, according to the CBO's "Budget and Economic Outlook" report.

Deficits would hover around 5 percent through the end of the decade.

"Congress has got some tough decisions to make about how to deal with this problem," CBO director Keith Hall told reporters. The Hill's Niv Elis explains how we got here, what happens next, and what it means for the U.S. economy.

 

Why it matters: The debt burden, the total amount the government owes relative to the size of the economy, is projected to reach 96 percent of GDP by the end of the decade, its highest level since the end of World War II, the report said.

Higher deficits could lead to ballooning debt interest payments, a drop in capital stock and productivity, decreased fiscal flexibility in the event of a downturn and higher chances for a fiscal crisis, the report said.

The combination of rising interest levels and higher debt levels mean that the government will spend a larger percentage of its resources simply servicing debt. The CBO forecast that net interest payments on the debt would surpass both defense and non-defense spending by 2025.

 

The silver lining: In the short run, those fiscal policies will boost the economy. CBO projected growth to rise to 3.3 percent in 2018 before dropping below 2017 levels to 2.4 percent next year. But the average growth over the entire decade is expected to remain moderate, at 1.9 percent.

Unemployment is projected to dip to 3.8 percent this year and 3.3 percent next year before popping back up to the decade-long average of 4.8 percent. The current unemployment rate is 4.1 percent. For reference, the Federal Reserve is projecting a 3.8 percent unemployment rate by year's end and 3.6 percent in 2019.

 

The siren: The GOP tax cuts are projected to increase the national debt by $1.9 trillion between 2018 and 2028. According to the report, the tax law would cost the government $2.3 trillion in revenues, but economic growth would offset that figure by about $461 billion.

 

What comes next: The House is expected to vote on a balanced budget amendment to the Constitution this week. The measure has almost no chance of becoming law, as it needs Democratic support in the Senate and ratification from the majority of states. But Speaker Paul Ryan (R-Wis.) agreed on a vote in exchange for conservative support on a procedural budget measure needed to move forward tax reform.

 

ON TAP TOMORROW:

  • Sen. Pat Toomey (R-Pa.) gives a speech at the Independent Community Bankers of America (ICBA) annual policy summit, 8:30 a.m.
  • Kirsten Sutton Mork, chief of staff at the Consumer Financial Protection Bureau, speaks on "The New Direction of the CFPB" at the American Bankers Association "Power of Prepaid" summit, 9:45 a.m.
  • House Rules Committee: Hearing on Volcker Rule Regulatory Harmonization Act, 5 p.m.
 
 
 
 

LEADING THE DAY

Republicans rue results of Trump's trade war: Republican lawmakers are returning to Washington this week with their eyes focused on an escalating trade war with China that has roiled the stock market and put them on edge over the economy and this fall's midterms.

The White House and GOP have sought to make the November election as much about the strong economy as possible. They're betting that strong economic growth and the Republican tax-cut law can overcome the ever-present controversies surrounding Trump's tenure.

Trump's trade actions are a threat to that narrative. They have already contributed to a sell-off on Wall Street, and they have raised fears that some economic gains from lower taxes could be lost to higher consumer prices triggered by tariffs. The Hill's Alexander Bolton takes us inside the GOP's battle. 

 

"A trade coalition of the willing" President Trump's chief economic adviser, Larry Kudlow, said on Monday that Trump is open to forming a coalition to deal with China on trade issues (no, not this one) amid the ongoing dispute between Washington and Beijing.

"The president is amenable to that," Kudlow told CNBC's "Squawk on the Street." "He's not necessarily soliciting support yet, but he is amenable."

Kudlow named Japan, the European Union, France, Germany and Canada among potential members of a "trade coalition of the willing," a riff on former President George W. Bush's name for the nations involved in the U.S.-led invasion of Iraq in 2003.

Trump has said that the two countries are not in a trade war and that he and Chinese President Xi Jinping will always remain friends. However, Chinese Foreign Ministry spokesman Geng Shuang said on Monday that is impossible for Washington and Beijing to negotiate under the current conditions. 

 

Senators doubtful on spending clawback: Key Republican Senators on Monday raised doubts that a rescission bill canceling some government spending would be able to pass the Senate. House Majority Leader Kevin McCarthy (R-Calif.) and President Trump have been discussing ways to rescind funds from the $1.3 trillion spending bill after criticism from their base.

But lawmakers on Monday downplayed that talk.

Key point: Republicans are worried that using process on a bipartisan, negotiated agreement could poison future talks with Democrats.

"It is counter to the agreement that both houses and both parties and the administration reached, and to try to undo it after it's just been signed into law strikes me as ill-advised," Sen. Susan Collins (R-Maine) said Monday. Niv Elis explains here.

 

Mulvaney blasts leaks from consumer bureau: Mick Mulvaney, acting director of the Consumer Financial Protection Bureau (CFPB) blasted unspecified leaks from within the agency, claiming they come from "a very small minority" of "ideologues and activists."

Mulvaney, also the White House budget director, said some CFPB staffers have damaged the bureau's reputation with leaks to reporters he says are inaccurate. 

Mulvaney is the latest Trump administration official to bemoan unauthorized disclosures of information to the media.

"What's really disappointing to me is it undermines the credibility of the institution," Mulvaney told a conference of community bankers in Washington. He said he wants the CFPB to be viewed with respect across ideological lines and cease leaks he says "makes us look like partisan hacks."

 

Here's more from me on Mulvaney's gripes with CFPB staffers, and the reason he thinks highly of most of the bureau's staff. We also learned a few other tidbits about his tenure today:

  • Shortly after his appointment to the CFPB, Mulvaney asked whether the agency could legally repeal its rule on short-term, high-interest or "payday" loans. He said he was told that he couldn't, and lent his support to congressional efforts to repeal the rule.
  • Mulvaney said his allotted time as acting director ends on June 22, but only if Trump hasn't nominated a permanent CFPB director yet. If there's a CFPB director nominee pending before the Senate by that date, Mulvaney will stay on as acting chief until his successor is confirmed.

 

Regulator calls on Congress to clear Dodd-Frank rollback bill: Comptroller of the Currency Joseph Otting called on Congress to pass a bipartisan rollback of strict banking rules passed after the 2008 financial crisis, but wouldn't take sides in a power struggle over the bill between the House and Senate.

"This is a monumental change in our ability to influence regulation. I don't think this is the last time for us to get a chance to open this," Otting said at a Washington summit for community bankers.

The bill, sponsored by Senate Banking Committee Chairman Mike Crapo (R-Idaho) passed the Senate last month, 67-31, with strong bipartisan support. But Speaker Paul Ryan (R-Wis.) has vowed to freeze the bill until senators agree to negotiate on changes with House Financial Services Committee Chairman Jeb Hensarling (R-Texas).

Otting told reporters after his speech before the Independent Community Bankers of America that he's "not in a position" to say whether Ryan should end the blockade. Instead, he encouraged both chambers to come to an agreement on the best way to clear the bill. I've got more on that here.

 

Otting also set some timelines for a few of OCC's other policy priorities.

  • He said the OCC will propose changes to the Volcker Rule within the next month or two as several financial regulators huddle on how to ease the impact of the Dodd-Frank ban on risky trades for community banks.
  • He said the OCC will be seeking input on planned changes to the Community Reinvestment Act and praised the Treasury Department's recent reform proposal.
  • Otting said OCC would weigh in within the next two to three months on whether financial technology companies should be able to apply for a bank-like charter, and give suggestions to the Treasury Department within a few weeks on how to give banks more flexibility in complying with anti-money laundering laws.

 

MARKET CHECK: From CNBC"Stocks closed well off their session highs on Monday as shares of Amazon and Boeing rolled over. Traders said a report that FBI officers had raided the office of President Donald Trump's personal lawyer also fueled the late-day decline.
"The Dow Jones industrial average rose 46.34 points to 23,979.10, with Merck and Intel as the best-performing stocks in the index. The S&P 500 gained 0.3 percent to close at 2,613.16, with tech surging 0.8 percent. The Nasdaq composite advanced 0.5 percent to 6,950.34.

"At its session high, the Dow rose as much as 440.42 points. Meanwhile, the S&P 500 and Nasdaq gained as much as 1.9 percent and 2.3 percent, respectively."

 

GOING DEEPER: Wall Street has muddled through a bumpy 2018, with the economic optimism that drove major gains during President Trump's first year in office steadily eroding.

Stocks have seen rampant volatility this year, in part because of rising trade tensions and growing questions about the outlook for the U.S. economy. While major U.S. stock indexes are still priced well above what they were before Trump took office, they've fallen close to 10 percent from their record highs.

The picture was very different last year, when excitement for sweeping U.S. tax cuts and increases in corporate earnings fueled a massive stock surge dubbed the "Trump bump."

Analysts generally see the white-hot stock market frequently touted by Trump as coming back to earth. I explain here.

 

GOOD TO KNOW

  • The financial sector's advocates in D.C. are pushing for changes at the CFPB ahead of Mulvaney's appearances before the Senate Banking and House Financial Services committees this week. The Consumer Bankers Association is pressing the leaders of both panels to follow through with some of Mulvaney's proposed changes. And a broader group of more than a dozen financial trade groups is backing a bill to install a commission atop the CFPB.
  • PayPal is making a move toward traditional banking, reports The Wall Street Journal.
  • A group of the world's leading technology companies expressed opposition to President Trump's plans to slap billions in tariffs on Chinese products over lax intellectual property protection policies.

 

ODDS AND ENDS

  • Coinbase, the cryptocurrency exchange, is in talks with the SEC to register as a broker, according to the Journal.
 
 

Write us with tips, suggestions and news: slane@thehill.comvneedham@thehill.comnjagoda@thehill.com, and nelis@thehill.com. Follow us on Twitter: @SylvanLane,  @VickofTheHill@NJagoda, and @NivElis.

 
 
 
 
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Overnight Health Care: Trump officials create new mandate exemptions | Insurance official warns of premium spikes | Dem questions hiring of drug pricing official

 
 
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Welcome to Overnight Health Care, where senators are back from their spring recess, even though it still feels like winter. (House members fly back tomorrow for evening votes.)

 

New ObamaCare rule out from the Trump administration---and it rolls back parts of the individual mandate

Nothing says Monday like a new 522-page ObamaCare regulation. Most of these are fairly wonky changes but a few of the highlights below. And the full story is here.

  1. New exemptions from ObamaCare's individual mandate (until the mandate expires altogether next year) for people living in counties with zero or one insurer or people with objections to plans that cover abortion.
  2. New flexibility from the law's Essential Health Benefits, but no drastic changes. They all still need to be covered.
  3. New income checks to crack down on people the administration says are wrongly qualifying for the law's subsidies.
  4. While not in the rule, CMS Administrator Seema Verma did not rule out future changes to block the practice known as "silver-loading," which limits premium increases to certain plans. States have been using that to mitigate President Trump's decision to cancel key payments to insurers (known as CSRs) last year. Verma said only that the policy is "under review."
 
 
 
 

Top insurance official warns of coming ObamaCare premium hikes

Democrats on Monday seized on comments from the incoming head of the insurance lobby AHIP, Matt Eyles.

Eyles blamed several Republican policies, such as repeal of the individual mandate in the tax bill, and new skimpier, cheaper insurance policies known as short-term plans, for coming premium increases.

Key quote: "When you think about things like the individual mandate going away, some of the other proposed rules that are being put in place, whether it be around association plans, short-term policies, it's just still a nasty soup right now that's brewing and we're looking ahead to 2019 and it's not a really great picture right now."

Looking aheadExpect Democrats to make this a big issue in campaigns, especially given premium hikes are expected to be announced in October, shortly before the election.

Read more here.

 

The FDA announced new restrictions Monday on the sale of Essure, a brand of permanent birth control that has received thousands of complaints over the years.

Essure will now only be sold to health-care facilities that provide full information about the device's risks and benefits, the FDA said.

The birth control was approved in 2002, but given the strongest safety warning label in 2016. That warning followed thousands of complaints from women who said it caused pelvic pain, hair loss, muscle weakness, perforation of the uterus and other issues. Some women have argued they were never told the potential side effects of using Essure.

Read more here.

 

A key Democrat is questioning why HHS hired a former pharmacy executive to oversee drug pricing reform.

Rep. Keith Ellison (D-Minn.), in a letter to HHS Secretary Alex Azar, says the hiring of Dan Best poses a potential conflict of interest, because of his previous work at CVS and Pfizer.

"The decision to hire him poses significant potential for conflicts of interest, placing him in a position to make decisions that may pit the income of his former employers against the interests of patients in reducing prescription drug prices," Ellison wrote in a letter to HHS Secretary Alex Azar.

Looking ahead: We'll be watching to see if Best divests from any interests related to CVS, Pfizer, or related companies, or any other steps he will take to mitigate potential conflicts of interest. Such conflicts plagued former HHS Secretary Tom Price and former CDC Director Brenda Fitzgerald.

The takeaway:  While lowering drug prices is a bipartisan issue, Democrats aren't letting President Trump off the hook. Ellison is one of the more liberal members of Congress, and could be trying to ensure Democrats' voices are heard on drug price reforms.

Read more here.

 

A leading anti-abortion group in D.C. is taking issue with Pope Francis' recent comments on abortion, in which he said caring for the poor and destitute is just as important as defending the "innocent unborn."

The two cannot be equated, said Marjorie Dannenfelser, president of the Susan B. Anthony List.

"It is impossible to equate the moral weight of abortion – the direct killing of innocent unborn children occurring on a daily massive scale, here in America and abroad – with any other social justice issue," Dannenfelser said.

"We all affirm the absolute dignity of the migrants and those suffering from poverty. How we solve these issues are matters of prudential judgment on which Catholics can disagree. Today's exhortation blurs lines and causes confusion."

 

What we're reading

The disappearing doctor: How mega-mergers are changing the business of medical care (The New York Times)

To curb rising health insurance costs, some states try 'reinsurance pools' (Stateline)

 

State by state

In key Kentucky House race, healthcare anxieties loom large (Reuters)

Officials laud mental health care changes in Iowa (Sioux City Journal)

An ambitious California bill would put the state in charge of controlling prices in the commercial health care market (Los Angeles Times)

Medicaid work debate gets a Tennessee twist (Roll Call)

 
 

Send tips and comments to Jessie Hellmann, jhellmann@thehill.com; Peter Sullivan, psullivan@thehill.com; Rachel Roubein, rroubein@thehill.com; and Nathaniel Weixel, nweixel@thehill.com.

Follow us on Twitter: @thehill@jessiehellmann@PeterSullivan4@rachel_roubein, and @NateWeixel.

 
 
 
 
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