Our Insights: Technology by Kristin Gossell, A New Congress, November 10, 2010
Wednesday, November 10, 2010
The outcome of the 2010 mid-term elections will significantly influence technology policy as Congress and the Obama administration are currently debating a number of key issues.
Net neutrality is the major legislative issue impacting the technology industry that may see resolution during the 112th Congress. Congress has been working with the Federal Communications Commission (FCC) and the private sector to identify a middle ground on "network neutrality," the policy of preventing broadband service providers from blocking certain traffic or establishing tiered pathways for internet content. Because no agreement has been reached, the FCC may enact net neutrality rules without Congress. House Republican leaders will likely try to stop the FCC so the Republicans can come up with its own set of rules in 2011.
Cyber security will continue to be an important issue. A recent report shows the administration has made slow progress in implementing cyber security policies, which some say underscores the need for a legislative fix. The Senate considered a number of measures during the summer, but failed to reach agreement on who should oversee critical networks and how much power they should have. Such a debate will likely continue in 2011 and force members to find a solution that meets the needs of both the homeland security and technology communities.
The impact of technological and business innovation on personal information will continue to trouble many who see an ever-growing threat to privacy. Members of Congress and privacy advocates have raised concerns about plans in place at government counterterrorism centers and social networking sites. As more information is collected and used in new and creative ways, look for Congress to consider more rules to govern collection, storage, and use of personal information inside and out of government.
Broadband spectrum issues continue to hamper first-responder communications. Under current law, the FCC will soon auction off the so-called "D Block" spectrum, which public safety officials are seeking for first responder emergency communications. The FCC has proposed using the auction's proceeds to create a public safety network, using a different spectrum and allowing first responders priority access to commercial networks during emergencies. Congress would need to pass legislation if it wants to stop this auction in early 2011, and that appears unlikely. But, expect public safety advocates in and out of Congress to renew their efforts when the 112th Congress convenes in the hopes they can win support to stop the FCC auction and provide the "D Block" directly to first responders.
A very new looking House Energy and Commerce Committee will take their seats when the 112th Congress convenes. The full committee will have a new chairman, but it may not be the previous Ranking Member, Rep. Joe Barton (R-Texas). Rep. Barton needs a term-limit waiver to take over the panel. The panel's Subcommittee on Communications, Technology and the Internet will also see its first new leader since 2006. All the change in Congress, however, will not impact leadership at the FCC where Chairman Julius Genachowski will continue to guide the Administration's technology agenda.