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2018年10月1日 星期一

Hillicon Valley: DOJ sues California over state net neutrality law | Elon Musk to step down as Tesla chair after SEC settlement | Instagram gets new chief | Congress falls flat on election security

 
 
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Welcome to Hillicon Valley, The Hill's newsletter detailing all you need to know about the tech and cyber news from Capitol Hill to Silicon Valley.

Welcome! Follow the cyber team, Olivia Beavers (@olivia_beavers) and Jacqueline Thomsen (@jacq_thomsen), and the tech team, Harper Neidig (@hneidig) and Ali Breland (@alibreland). And if you don't get our newsletter, CLICK HERE to subscribe.

 

 

CALIFORNIA PASSES TOUGH NET NEUTRALITY LAW, DOJ SAYS NOT SO FAST: The Department of Justice on Sunday night sued California over its new net neutrality law, a little over an hour after Gov. Jerry Brown (D) signed the bill.

The lawsuit claims the California bill is "unlawful and anti-consumer" because it goes against the federal government's "deregulatory approach to the Internet."

The bill signed by Brown is the country's strictest net neutrality bill.

The new California legislation bars internet service providers from slowing down website speeds, blocking access to certain websites and charging extra for large websites such as Netflix and Facebook.

Attorney General Jeff Sessions in a statement on Sunday said the federal government has exclusive authority over net neutrality policies.

"The Justice Department should not have to spend valuable time and resources to file this suit today, but we have a duty to defend the prerogatives of the federal government and protect our Constitutional order," Sessions said.

State legislators began crafting the legislation last year when the Trump administration rolled back net neutrality rules.

Read more here.

 

FCC CHIEF APPLAUDS LAWSUIT: Ajit Pai, the chairman of the Federal Communications Commission (FCC), is cheering the Justice Department's decision to sue California for passing its own net neutrality law after his agency repealed the Obama-era federal regulations.

The Trump administration filed its lawsuit shortly after the bill was signed into law on Sunday, arguing that the state was attempting to subvert a federal "deregulatory approach" to the internet.

"I'm pleased the Department of Justice has filed this suit," Pai said in a statement. "The Internet is inherently an interstate information service. As such, only the federal government can set policy in this area."

Read more here.

 

SEC FORCES MUSK TO STEP DOWN AS TESLA CHAIR: Tesla and SpaceX CEO Elon Musk has reportedly reached a settlement with the Securities and Exchange Commission (SEC) after his abandoned attempt to take Tesla private.

As a part of the settlement, which is still subject to court approval, Musk will have to step down from his role as chairman at Tesla for at least three years and pay a civil penalty of $20 million. He will remain as CEO of Tesla during that time period, but Tesla must also appoint two independent directors with no ties to the company to its board.

"As a result of the settlement, Elon Musk will no longer be Chairman of Tesla, Tesla's board will adopt important reforms --including an obligation to oversee Musk's communications with investors--and both will pay financial penalties," said Steven Peikin, who co-directs the SEC's enforcement division.

Tesla will also pay a separate fine of $20 million, according to the press release. The violations stem from Musk's tweet last month stating that he planned to take the company private at $420 per share, claiming that he had secured funding for such a deal.

Read more here.

 

WALL STREET CHEERS: Tesla's shares jumped 17 percent on Monday on news of the settlement. Friday's shares were down 15 percent after Thursday afternoon's announcement from the SEC that it was suing Musk, seeking his permanent removal from Tesla and a lifetime ban on serving as an executive at a publicly traded company.

The SEC's move apparently prompted Musk to come to the table with regulators. Read more here.

 

CONGRESS FALLS FLAT ON ELECTION SECURITY: Congress has failed to pass any legislation to secure U.S. than systems in the two years since Russia interfered in the 2016 election, a troubling setback with the midterms less than six weeks away.

Lawmakers have repeatedly demanded agencies step up their efforts to prevent election meddling but in the end struggled to act themselves, raising questions about whether the U.S. has done enough to protect future elections.

A key GOP senator predicted to The Hill last week that a bipartisan election security bill, seen as Congress's best chance of passing legislation on the issue, wouldn't pass before the midterms. And on Friday, House lawmakers left town for the campaign trail, ending any chance of clearing the legislation ahead of November.

Lawmakers have openly expressed frustration they were not able to act before the 2018 elections.

Read more here.

 

WORRIES ABOUT 5G'S EFFECT ON CITIES: The rollout of 5G high-speed wireless networks are expected to usher in an era of super-fast internet speeds, but many experts worry that the new technology will only leave poor urban communities further behind.

The industry and lawmakers have focused attention on ensuring that rural and urban areas both have access to 5G, but many advocates warn that the digital divide within big cities could also worsen.

Current policies and the way that 5G technology is installed mean that the latest update to wireless broadband will very likely pass over the poorest communities in cities in favor of wealthier locales willing to pay more, telecommunications experts warn.

"It's going to be first deployed areas in highest demand and highest demand for capacity," said Doug Brake, a telecom policy analyst at the Information Technology and Innovation Foundation. "Higher demand tends to be in wealthier areas."

There are already issues over access, but 5G could make the disparities worse: Poorer parts of cities have already experienced various forms of digital redlining. But even with these barriers, many poor urban areas didn't miss the 4G boom because it is distributed via large cell towers that beam internet out over miles. 

But that will change with 5G. This time, tiny small cells that beam internet to under a half-mile radius mean that poor areas can get passed over.

Experts think that this will happen because businesses will be focused on rolling out 5G to wealthier areas that will pay for the newest faster internet first.

Not just cities: Experts we spoke with for a separate story detailed how rural America could get left behind (again) on 5G too.

Read more here and here.

 

GOOGLE UPDATES EU ON SHOPPING CASE: Google has provided a second report on how it is dealing with competitors to its shopping price comparison service, according to the European Union.

"We have received the second Google shopping report," the European Commission, the executive arm of the EU, told Reuters on Monday. Officials did not provide further details.

The Google report comes after Commission fined Google roughly $2.8 billion in June of 2017 for taking advantage of its dominant market position to benefit its comparison shopping tool at the expense of its rivals. As part of the deal, the Commission required that Google provide regular reports on its updates to its shopping tool.

Read more here.

 

SOME BAD NEWS FOR FACEBOOK: The president of Germany's antitrust authority on Monday said that he's "very optimistic" that his group will pursue an enforcement action on Facebook this year for allegedly abusing its dominant market position.

"We are currently evaluating Facebook's opinion on our preliminary assessment and I'm very optimistic that we are going to take further steps, even this year, whatever this would mean," Federal Cartel Office President Andreas Mundt said during a conference on competition law in Berlin, according to Reuters.

Read more here.

 

A LIGHTER TWITTER CLICK: RISE AND GRIND.

 

NOTABLE LINKS FROM AROUND THE WEB:

Billionaire's fight to close path to a California beach comes to a dead end. (The New York Times)

Why is it OK for online daters to block whole ethnic groups? (The Guardian)

This Japanese robot contractor can install drywall. (The Verge)

NASA stands by SpaceX, even as Elon Musk's troubles grow. (The Washington Post)

Engineers are fixing Silicon Valley. (Pando)

 
 
 
 
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Watch Live: Trump holds rally in Tennessee

 
 
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Watch Live: Trump holds rally in Tennessee
President Trump on Monday is scheduled to host a Make America Great Again rally in Johnson City, Tenn., starting at 7 p.m.
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On The Money: US, Canada strike NAFTA deal | Trump takes victory lap, but Congress must weigh in | Five things to know about the deal | Consumer official regrets writings on racism | New IRS chief sworn in

 
 
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Happy Monday and welcome back to On The Money. 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.

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

 

THE BIG DEAL--US, Canada reach NAFTA deal: The U.S. and Canada have reached a deal on an updated North American Free Trade Agreement (NAFTA) after negotiators in Washington and Ottawa worked furiously into the night to meet a self-imposed midnight Sunday deadline.

The White House announced on Sunday night that Canada, Mexico and the United States have reached a deal to preserve the three-nation agreement.

In a joint statement, U.S. Trade Representative Robert Lighthizer and Canadian Foreign Affairs Minister Chrystia Freeland said that the new deal will "give our workers, farmers, ranchers and businesses a high-standard trade agreement that will result in freer markets, fairer trade and robust economic growth in our region."  

"It will strengthen the middle class, and create good, well-paying jobs and new opportunities for the nearly half billion people who call North America home," the two trade ministers said.

The Hill's Vicki Needham has the highlights here.

 

Reactions:

  • "NAFTA is a proven success for the United States, supporting more than 2 million American manufacturing jobs and boosting agricultural exports to Canada and Mexico by 350 percent." -- Sen. Orrin Hatch (R-Utah), chairman of the Senate Finance Committee.
  • "Our history of witnessing unfair trade deals destroy the lives of working families demands the highest level of scrutiny before receiving our endorsement." -- AFL-CIO President Richard Trumka.
  • "NAFTA has had many critics over the years and its flaws are well-known. Like me, many of my colleagues did not support the deal originally. And those who did will have serious questions that they need answered before doing so again." -- Rep. Richard Neal (D-Mass.), ranking member on the House Ways and Means Committee.
  • "Manufacturers are extremely encouraged that our call for a trilateral agreement between the United States, Canada and Mexico has been answered." -- Jay Timmons, National Association of Manufacturers president and CEO. 

Your guide to the deal:

  • The renegotiation is a major win for Trump, who made trade and getting more favorable terms for the U.S. a signature issue on the campaign trail. The new NAFTA deal is the first thing Trump can point to in terms of a concrete change from his trade policies.
  • As soon as the U.S. and Mexico struck an agreement, Canada was negotiating from a position of weakness. Trump said he was comfortable moving forward on a deal without Canada, forcing Canadian Prime Minister Justin Trudeau to the table.
  • The deal will provide dairy farmers, especially those along the border like Wisconsin, more market access to the Canadian dairy industry. This was a major sticking point in the talks and one of Trump's main focuses throughout the negotiations.
  • Under the deal, Trump does not have to remove the 25 percent tariffs on steel and 10 percent tariffs on aluminum from Canada and Mexico. That means retaliatory tariffs on U.S. goods will remain in effect, negating some of the benefits of the new deal.
  • Congress still has to approve the new deal, and it's an open question whether it will. Trump said on Monday he had no idea whether lawmakers on Capitol Hill would pass the agreement next year and Democrats could pose issues for the president if they take control of Congress.

The Hill's Vicki Needham and I break down all of that and more here.

 

ON TAP TOMORROW

 

LEADING THE DAY

Trump takes victory lap after NAFTA deal: President Trump on Monday took touted a last-minute deal with Canada to salvage the three-nation North American Free Trade Agreement (NAFTA), even as he predicted that Democrats in Congress might stymie the pact. 

Surrounded by top administration officials in the White House Rose Garden, Trump called the reworked agreement "the most important trade deal we've ever made by far." 

The president said it fulfills his campaign pledge to replace NAFTA, which he called "perhaps the world trade deal ever made," and claimed it will transform the U.S. back into a "manufacturing powerhouse."

"Throughout the campaign I promised to renegotiate NAFTA and today we have kept that promise." he said during a news conference, calling it "truly historic news for our nation and indeed the world." The Hill's Jordan Fabian takes us to the Rose Garden reverie.

 

CFPB official says he regrets blog posts dismissing racism: A top Consumer Financial Protection Bureau official under fire for inflammatory blog posts he wrote in 2004 told colleagues Monday that he regrets those writings and has matured since he dismissed most hate crimes as hoaxes and questioned if using the "n-word" was racist.

CFPB policy director for supervision, enforcement and fair lending Eric Blankenstein addressed the growing controversy over his 14-year-old anonymous screeds in a Monday email to bureau employees obtained by The Hill.

Blankenstein, who oversees the CFPB's efforts to combat racial discrimination, asked bureau colleagues to judge him for his work enforcing fair lending laws at the agency, not blog posts he wrote as a 25-year-old college student.

"The tone and framing of my statements reflected poor judgement," Blankenstein wrote. "But poor judgement in my choice of words back then, or how I framed my arguments, does not make me a racist or a sexist."

I've got more on his walkback and the backlash here.

 

GOOD TO KNOW

  • President Trump's pick to lead the IRS was sworn in Monday, officially taking the reins of an agency that faces a host of challenges.
  • Congress quietly allowed the farm bill to expire over the weekend despite House Republicans’ hopes they would come to a consensus and pass a reauthorization ahead of the Sept. 30 deadline.
  • Tesla's stock rebounded Monday morning following weekend news that CEO Elon Musk had reached a settlement with the Securities and Exchange Commission (SEC) over charges of fraud stemming from a series of unusual tweets he sent in August.
  • The rollout of 5G high-speed wireless networks are expected to usher in an era of super-fast internet speeds, but many experts worry that the new technology will only leave poor urban communities further behind.
  • A planned sit-down between the U.S. and China set for next month could be scrapped amid an increasingly fraught relationship between the two countries.
  • The American Petroleum Institute (API) is backing the agreement to revise the North American Free Trade Agreement (NAFTA), calling the proposal "critical."
  • The latest installment in The Hill's series on the 2017 tax overhaul explores how Republicans managed to get a bill through both chambers with little room for error and a narrow Senate majority.

 

ODDS AND ENDS

  • Three companies that provide cross-border payment services plan to use technology developed by startup Ripple that employs cryptocurrency XRP to speed transactions, according to Reuters.
  • General Electric ousted its CEO and said it would fall short of profit forecasts this year as the industrial titan struggles to recover from years of downsizing.
 
 
 
 
 
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