Lawmaker criticizes White House over plans to influence science in national climate report

Sen. Edward MarkeyEdward (Ed) John MarkeyHillicon Valley: Assange hit with 17 more charges | Facebook removes record 2.2B fake profiles | Senate passes anti-robocall bill | Senators offer bill to help companies remove Huawei equipment Senate passes anti-robocall bill The Hill’s 12:30 Report: Pelosi fires back in feud with Trump MORE (D-Mass.) on Wednesday warned the White House against interfering with science in its congressionally mandated report on climate change.

“Any political interference into the climate science that underpins this report could have a chilling effect on science research going forward and could potentially put American lives and property at increased risk by understating the urgency of climate action,” Markey wrote in a letter to the White House’s director of the Office of Science and Technology Policy.

The letter follows a report in The New York Times that officials in the office, which oversees the release of the National Climate Report, would no longer include data on the highest-emissions scenario.

Such data lays out the worst-case impacts of global warming if emissions aren’t curbed at current rates.

Markey, who heads the Senate Climate Change Task Force formed by Democrats, said he wanted an explanation of how the administration could think of changing the scientific measurements in the report.

Such a move, Markey said, would “artificially and unjustifiably understate the risks that climate change presents to the United States, and would misinform federal and state action taken in response to this threat.”

The last climate assessment was released in November and its findings were dire. The results found that if emissions continue unabated, it would cost the country hundreds of billions in economic losses.

Administration officials downplayed the report at the time by characterizing its findings as the “worst case scenario.”

Markey is one of the most outspoken Democrats on climate change and is a co-sponsor of the progressive Green New Deal climate action plan.

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Top general: Recent Iran threats were different because they were 'more of a campaign'

The top general in the U.S. military on Wednesday said that he viewed recent threats from Iran that precipitated U.S. deployments to the region as different because they were “more of a campaign” than previous threats.

“What’s not new are threat streams. What was new was a pattern of threat streams that extended from Yemen, so threats emanating from Yemen, threats in the Gulf and threats in Iraq,” Chairman of the Joint Chiefs of Staff Gen. Joseph Dunford said in his most detailed public remarks yet on the threats from Iran.

“We also saw in the intelligence that perhaps there was a question about both the will and capability of the United States to respond. … What I would argue was qualitatively different is we saw something that was more of a campaign than an individual threat,” he added.

“And it was the geographic span and the perception that activity would try to be synchronized in time that caused us to look at that threat differently than 40 years, by the way, of malign activity by the Iranians. So malign activity and threats to our forces by the Iranians were not new, but a more widespread, almost campaign-like perspective for the Iranians was what we were dealing with.”

Dunford was speaking at a wide-ranging discussion at the Brookings Institution on national security challenges facing the United States.

In early May, national security adviser John BoltonJohn Robert BoltonOvernight Defense: Republican blocks disaster aid package that includes money to rebuild military bases | Trump revives fight over aircraft carrier catapults | Trump contradicts ally, aide on North Korea missile tests To avoid war with Iran, US needs to deal — starting with a concession Trump’s Africa initiative to be unveiled next month: Still a work in progress MORE announced the U.S. military was deploying a carrier strike group and bomber task force to the Middle East in response to unspecified threats from Iran and Iranian proxy forces. The State Department later withdrew non-emergency personnel from U.S. missions in Iraq.

And on Friday, the Pentagon said it was sending 900 new U.S. troops to the region and extending the deployment of 600 others, for a total of 1,500 troops to counter the alleged Iranian threats.

The Trump administration’s moves have led many U.S. lawmakers to become concerned about the potential for war with Iran, saying the administration has overblown the threat and mischaracterized the intelligence in echoes of the lead-up to the Iraq War.

On Wednesday, Dunford appeared to dismiss those who “question the veracity of the intelligence,” pointing to several incidents the administration has blamed on Iran since the first deployments.

The administration has blamed Iran for attacks on four oil tankers off the coast of the United Arab Emirates, with Bolton telling reporters in the UAE on Wednesday the alleged sabotage was carried out with “naval mines almost certainly from Iran.”

The administration has also blamed Iran for drone strikes on oil pumping stations in Saudi Arabia and a rocket attack that landed near the U.S. Embassy in Baghdad.

In none of the three cases has the administration provided the evidence used to attribute the attacks to Iran, which denies its involvement.

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Dunford defended the initial U.S. military deployment to the region as designed to address what he described as a “gap in perception” on Iran’s part.

“We wanted to make sure we addressed three things to mitigate the risk of miscalculation,” he said. “One, we wanted to Iranians to know that if they did anything it would be attributable to them. No. 2, we wanted them to know that we had the capability to respond in the event that deterrence fails, and that was the force elements that we sent in on the weekend of the 3rd to the 5th of May. And the last was to make sure those force elements then were a manifestation of our will to respond.”

The deployments announced last week, he added, were the result of an ongoing discussion with the top commander in the region, Gen. Kenneth McKenzie, about how best to protect U.S. forces in the Middle East.

“If you look at the specific capabilities that we flowed to the region, those were designed to enhance our force protection,” Dunford said. “And they were accompanied by a message that this was not intended to be provocation. This is not intended to reinforce our offensive capability in the region. This is designed to protect our people, much like the previous force elements we sent in were designed to enhance our deterrence.”

UK watchdog launches probe into allegations of anti-Semitism by Labour Party

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A British human rights watchdog has launched an investigation into the Labor Party following complaints about anti-Semitism.

The Equality and Human Rights Commission (EHRC) said Tuesday the investigation will determine if the left-leaning party has “unlawfully discriminated against, harassed or victimized people because they are Jewish.” 

It will also seek to determine if the party has responded to complaints efficiently and effectively.

The Labour Party has committed to fully cooperate with the investigation, the commission said in a release. 

A report of the investigation findings will be published once the probe is concluded. 

Accusations of anti-Semitism within the party and regarding party leader Jeremy Corbyn have been circulating since mid-2016, ahead of the Brexit vote, according to the BBC.

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In February, seven Labor Party lawmakers quit the party after claiming anti-Semitism was not adequately being addressed within its ranks.

Mike Katz, chair of the Jewish Labour Movement, told the BBC that the party’s response to anti-Semitism for years has been “woeful at best, and institutionally racist at worst.” 

“Last year we took the unprecedented step to refer the party to the EHRC, and we welcome their decision today to launch a full statutory inquiry,” Katz said. 

Accusations of racism among British politicians are not contained to one party. 

On Tuesday, The Muslim Council of Britain asked the watchdog group to launch an investigation into allegations of Islamophobia in the Conservative Party, the BBC reported.

Democrats push election security legislation after Mueller warning

Senate Democrats are doubling down on their push for Congress to pass additional election security legislation, after special counsel Robert MuellerRobert (Bob) Swan MuellerThe Hill’s 12:30 Report: Trump orders more troops to Mideast amid Iran tensions Trump: Democrats just want Mueller to testify for a ‘do-over’ Graham: Mueller investigation a ‘political rectal exam’ MORE warned about the threat of election meddling on Wednesday.

 

Senate Intelligence Committee Vice Chairman Mark WarnerMark Robert WarnerFacebook defends decision to keep up Pelosi video Trump declassification move unnerves Democrats Hillicon Valley: Assange hit with 17 more charges | Facebook removes record 2.2B fake profiles | Senate passes anti-robocall bill | Senators offer bill to help companies remove Huawei equipment MORE (D-Va.) said Mueller made it clear during his remarks at the Justice Department that Congress should take steps to prevent future election interference.

 

“We must take steps to protect our democracy by passing legislation that enhances election security, increases social media transparency, and requires campaign officials to report any contact with foreign nationals attempting to coordinate with a campaign,” Warner said in a statement.

 

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Sen. Richard Blumenthal (D-Conn.), a member of the Senate Judiciary Committee, called Mueller’s comments an “urgent plea for action.” Meanwhile, Sen. Christopher CoonsChristopher (Chris) Andrew CoonsOil companies join blitz for carbon tax Mnuchin says carbon capture tax credit guidance will be out soon Mnuchin signals administration won’t comply with subpoena for Trump tax returns MORE (D-Del.) added that Mueller “reiterated clearly and unequivocally that Russia attacked our democracy by interfering with our 2016 election.”

 

“As we approach the 2020 elections, we must invest more in election security and protect our democracy. This must not be a partisan issue; protecting our democratic process is far more important than politics,” Coons said.

 

Mueller spoke publicly on Wednesday for the first time since handing over his report on the nearly two-year investigation into Russia’s election interference and President TrumpDonald John TrumpDemocrat to announce Senate bid Wednesday against Lindsey Graham Harris praises Amash for calling for Trump’s impeachment: He has ‘put country before party’ NY Times reporter wears wedding dress to cover Trump in Japan after last-minute dress code MORE‘s 2016 campaign.

 

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Mueller indicated during the press conference, where he did not take questions, that he did not want to testify before Congress about the more than 400-page report, saying his potential testimony would not go beyond what was in his sprawling report.

 

But he used his closing remarks to warn about election interference from foreign governments, calling it the “central allegation of our indictments.” 

 

“I will close by reiterating the central allegation of our indictments — that there were multiple, systematic efforts to interfere in our election. That allegation deserves the attention of every American,” Mueller told reporters. 

 

But election interference legislation has hit a roadblock on Capitol Hill, where Mueller’s findings have failed to break the months-long stalemate over election security legislation.

 

House Speaker Nancy PelosiNancy PelosiHillicon Valley: Facebook defends keeping up Pelosi video | Zuckerberg faces contempt of Canadian parliament | Social media giants remove Iran-linked misinformation campaign | WHO calls video game addiction a health ‘disorder’ Facebook defends decision to keep up Pelosi video ‘What you eat, you become’: Chef José Andrés reveals what he’d cook for Trump MORE (D-Calif.) on Wednesday argued that the Senate should take up H.R. 1, a wide-ranging election and ethics reform bill, and pledged that Congress will “legislate to protect our elections and secure our democracy.”

 

But Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellMcConnell says Republicans would fill 2020 Supreme Court vacancy GOP candidate expects Roy Moore to announce Senate bid in June The Hill’s 12:30 Report: Justices sidestep major abortion decision despite pressure MORE (R-Ky.) has declared the House bill dead on arrival in the GOP-controlled Senate.

 

Republican senators have also argued that the House legislation poisoned the well for larger negotiations on an election security package ahead of the 2020 election, and indicated the chamber is unlikely to pass its own bill.

 

Senate Rules Committee Chairman Roy BluntRoy Dean BluntHit singer Andy Grammer says ‘unity’ more important than any political party Top GOP senator: ‘More harassment than oversight’ in House Hillicon Valley: Trump takes flak for not joining anti-extremism pact | Phone carriers largely end sharing of location data | Huawei pushes back on ban | Florida lawmakers demand to learn counties hacked by Russians | Feds bust 0M cybercrime group MORE (R-Mo.) said during a committee hearing earlier this month that “at this point I don’t see any likelihood that those bills would get to the floor if we mark them up.”

 

Still, Democrats are seeking to put pressure on McConnell for the Senate to take up legislation, reiterating their calls following Mueller’s remarks on Wednesday.

 

Senate Minority Leader Charles SchumerCharles (Chuck) Ellis SchumerMcConnell says Republicans would fill 2020 Supreme Court vacancy Tackling climate change: How lawmakers are facing environmental injustice No agreement on budget caps in sight ahead of Memorial Day recess MORE (D-N.Y.) said Mueller “made clear” that Russia tried to interfere in “the wellspring of our democracy,” adding that if lawmakers did nothing the interference could be worse in 2020. 

 

“If President Trump and Congress don’t do anything, it will be worse in 2020 and yet, inexplicably, Senator McConnell and the Republicans in the Senate are blocking bipartisan election security legislation, despite Democrats’ repeated calls to protect our democracy from interference—by Russia or any other foreign adversary,” Schumer said in a statement. 

 

Sen. Tina SmithTina Flint SmithWhat if scientists, not politicians, called the shots on climate policy GOP Senate campaign arm hits battleground-state Dems over ‘Medicare for All,’ Green New Deal Hillicon Valley: Washington preps for Mueller report | Barr to hold Thursday presser | Lawmakers dive into AI ethics | FCC chair moves to block China Mobile | Dem bill targets ‘digital divide’ | Microsoft denies request for facial recognition tech MORE (D-Minn.) added in a tweet: “Congress has a job to do here. Hello Mitch McConnell? Are you there?” 

Lawmakers raise security concerns about China building NYC subway cars

A bipartisan group of House members from New York are raising concerns about Chinese involvement in building New York City subway cars, zeroing in on the potential that the new train cars could be hacked or controlled remotely.

The group of 15 lawmakers, led by Reps. Kathleen RiceKathleen Maura RiceDHS suggests new role for cybersecurity staff — helping with border crisis WHIP LIST: Democrats who support an impeachment inquiry against President Trump Sinema, Gallagher fastest lawmakers in charity race MORE (D-N.Y.) and John KatkoJohn Michael KatkoAfter National Police Week, clearer heads must prevail in legislation slashing Amtrak security Here are the eight Republicans who voted with Democrats on the Equality Act House approves anti-LGBT discrimination Equality Act MORE (R-N.Y.), wrote a letter to the New York City Transit Authority and the Metropolitan Transit Authority (MTA) recently to “raise concerns regarding the safety and security” of New York City’s transit system following MTA’s decision to allow a Chinese-owned company to design new rail cars for the city.

“As you may be aware, critical infrastructure systems around the country have been increasingly targeted in recent years as part of coordinated hacking attempts and other forms of systematic interference, often stemming directly from foreign governments,” the lawmakers wrote.

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“These actions are part of comprehensive efforts to undermine U.S. economic competitiveness and national security, and we have serious concerns regarding MTA’s involvement with some of those same foreign governments and the protections in place to ensure that our subway systems remain safe and secure,” they added.

In 2018, MTA announced that the winners of its “MTA Genius Transit Challenge” would include the China Railway Rolling Stock Corporation (CRRC), which proposed an investment of $50 million of its own funds to develop a new subway car in New York City. The challenge was announced in 2017 in order to upgrade the subway system.

While the members acknowledged that “no U.S. companies currently manufacture transit railcars,” they stressed that they have “serious concerns regarding the intimate involvement of a Chinese state-owned enterprise in these efforts.”

They specifically pointed to concerns around rail cars being built that would include Wi-Fi systems and train control technology that could be susceptible to hacking or other cyberattacks and asked that MTA respond to questions around how it planned to ensure the cybersecurity of its rail cars.

The letter from the House members comes after Senate Minority Leader Charles SchumerCharles (Chuck) Ellis SchumerMcConnell says Republicans would fill 2020 Supreme Court vacancy Tackling climate change: How lawmakers are facing environmental injustice No agreement on budget caps in sight ahead of Memorial Day recess MORE (D-N.Y.) called on the Commerce Department last week to “thoroughly investigate” CRRC.  

“Given what we know about how cyberwarfare works, and recent attacks that have hit transportation and infrastructure hubs across the country, the Department of Commerce must give the green light and thoroughly check any proposals or work China’s CRRC does on behalf of the New York subway system, including our signals, Wi-Fi and more,” Schumer said in a statement.

CRRC, which is the world’s largest passenger train manufacturer, is also planning to bid on building Metro cars for the Washington Metropolitan Area Transit Authority (WMATA) in Washington, D.C. Reuters reported earlier this month that the company plans to bid on a WMATA contract to build new Metro cars that is worth more than $500 million. The company is also involved in building rail cars in Los Angeles, Boston, Philadelphia and Chicago.

While CRRC did not immediately respond to comment on this story, it said in a statement after winning the MTA challenge that “we look forward to introducing CRRC’s design philosophy focused on accelerating the pace subway vehicles are procured and deployed to the New York transit system.”

The Chinese company’s involvement in the D.C. Metro system is an issue that has raised concerns among Senate Democrats who represent Virginia and Maryland, particularly in light of recent Trump administration moves against Chinese telecommunications companies involved in the roll out of fifth generation wireless technology, or 5G.

Last week, Sens. Mark WarnerMark Robert WarnerFacebook defends decision to keep up Pelosi video Trump declassification move unnerves Democrats Hillicon Valley: Assange hit with 17 more charges | Facebook removes record 2.2B fake profiles | Senate passes anti-robocall bill | Senators offer bill to help companies remove Huawei equipment MORE (D-Va.), Tim KaineTimothy (Tim) Michael KaineOvernight Defense: Details on Senate’s 0B defense bill | Bill rejects Trump plan to skirt budget caps | Backfills money for border wall | Defense chief says more troops could head to Mideast Dem senator plans amendment to restrict military action against Iran Overnight Defense: Iran worries dominate foreign policy talk | Pentagon reportedly to send WH plans for 10K troops in Mideast | Democrats warn Trump may push through Saudi arms sale | Lawmakers blast new Pentagon policy on sharing info MORE (D-Va.), Chris Van HollenChristopher (Chris) Van HollenPhoto showing 3-year-old girl high-five new Harriet Tubman mural goes viral The Hill’s Morning Report – Trump says no legislation until Dems end probes Democrats grill Trump Interior chief for saying he hasn’t ‘lost sleep’ over climate change MORE (D-Md.), and Ben CardinBenjamin (Ben) Louis CardinHouse votes to boost retirement savings On The Money: GOP angst grows over Trump’s trade war | Trump promises help for ‘Patriot Farmers’ | Markets rebound | CBO founding director Alice Rivlin dies | Senate to vote on disaster aid bill next week Senators offer bipartisan retirement savings bill MORE (D-Md.) introduced a bill that would renew federal funding to WMATA, but also prevent WMATA from using those funds “on a contract for rolling stock from any country that meets certain criteria related to illegal subsidies for state-owned enterprises.”

All four of those senators previously raised cybersecurity concerns about WMATA allowing a Chinese company to build rail cars, suggesting that the bill would ban funds for contracts with Chinese companies.

In January, the same group of senators sent a letter to WMATA asking for details on how the transit agency planned to “ascertain and mitigate” any involvement of a foreign country in building new rail cars, and how it planned to defend rail cars against potential cyber espionage.

“Many of these technologies could be entirely susceptible to hacking, or other forms of interference, if adequate protections are not in place to ensure they are sourced from safe and reliable suppliers,” the senators wrote.  

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Hillicon Valley: Pelosi blasts Facebook for not taking down doctored video | Democrats push election security after Mueller warning | Critics dismiss FCC report on broadband access | Uber to ban passengers with low ratings

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. If you don’t already, be sure to sign up for our newsletter with this LINK.

Welcome! Follow the cyber team, Olivia Beavers (@olivia_beavers) and Maggie Miller (@magmill95), and the tech team, Harper Neidig (@hneidig) and Emily Birnbaum (@birnbaum_e).

 

PELOSI RIPS FACEBOOK: Speaker Nancy PelosiNancy PelosiHillicon Valley: Facebook defends keeping up Pelosi video | Zuckerberg faces contempt of Canadian parliament | Social media giants remove Iran-linked misinformation campaign | WHO calls video game addiction a health ‘disorder’ Facebook defends decision to keep up Pelosi video ‘What you eat, you become’: Chef José Andrés reveals what he’d cook for Trump MORE (D-Calif.) on Wednesday blasted Facebook’s refusal to take down a doctored video of herself, using the incident to accuse the tech giant of being a “willing enabler” of Russian election interference.

“I think they [Facebook] have proven — by not taking down something they know is false — that they were willing enablers of the Russian interference in our election,” Pelosi said in an interview with California radio station KQED News.

Pelosi was referring to a doctored video of her that had been slowed down to make her appear to be slurring her words or intoxicated. The video was posted on Facebook last week and has since been viewed more than 2.8 million times.

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Facebook pushes back: Facebook decided not to remove the video but told The Hill that its fact checkers had flagged the video as false and were downgrading its distribution in the Facebook news feed.

A Facebook spokesperson defended the decision before a group of international lawmakers in Ottawa on Tuesday, saying that “it is our policy to inform people when we have information that might be false on the platform so they can make their own decisions about that content.”

‘Lying to the public’: Pelosi said Wednesday that while she “can take it,” her issue was with Facebook “lying to the public” by allowing the video to stay up.

Pelosi added that Facebook not taking down the doctored video called into question the company’s assertion that it was the victim of Russian online interference that was meant to sway the 2016 presidential election.

“We have said all along, ‘Poor Facebook, they were unwittingly exploited by the Russians,'” Pelosi said. “I think wittingly, because right now they are putting up something that they know is false. I think it’s wrong.”

Read more here.

 

SILICON VALLEY REP SCOLDS FACEBOOK: Rep. Ro KhannaRohit (Ro) KhannaYang becomes fourth presidential candidate to sign pledge to end ‘Forever War’ Seven key allies for Pelosi on impeachment Pelosi uses Trump to her advantage MORE (D-Calif.), who represents Silicon Valley, is calling for Facebook to remove the doctored video of Pelosi.

Tweeting late Tuesday, Khanna said that even “fairly informed” voters are being duped by the video, which is slowed down to make Pelosi appear drunk and incoherent.

“Tonight, over dinner, a fairly informed voter said to me that given the events of last week, Nancy Pelosi had to go,” Khanna tweeted.  “After my surprise, he asked had I not seen the videos. I explained they were doctored. He replied cavalierly, ‘Oh I didn’t know.'”

“Facebook must remove the video,” Khanna, who is a close Pelosi ally, added.

During an appearance on CNN last week, Khanna defended Pelosi against Trump’s ongoing attacks, saying: “She has been civil … the president has launched a personal attack on her and is amplifying doctored video.”

“I will say this as a Silicon Valley congressperson: Facebook needs to remove that doctored video immediately,” Khanna said. “They haven’t done that. Imagine if CNN were saying ‘we’re going to limit distribution’ but still showing the video. It’s absurd. They need to remove it.”

Read more here.

 

ELECTION SECURITY PICKS UP STEAM: Senate Democrats are doubling down on their push for Congress to pass additional election security legislation, after special counsel Robert MuellerRobert (Bob) Swan MuellerThe Hill’s 12:30 Report: Trump orders more troops to Mideast amid Iran tensions Trump: Democrats just want Mueller to testify for a ‘do-over’ Graham: Mueller investigation a ‘political rectal exam’ MORE warned about the threat of election meddling on Wednesday.

Senate Intelligence Committee Vice Chairman Mark WarnerMark Robert WarnerFacebook defends decision to keep up Pelosi video Trump declassification move unnerves Democrats Hillicon Valley: Assange hit with 17 more charges | Facebook removes record 2.2B fake profiles | Senate passes anti-robocall bill | Senators offer bill to help companies remove Huawei equipment MORE (D-Va.) said Mueller made it clear during his remarks at the Justice Department that Congress should take steps to prevent future election interference.

“We must take steps to protect our democracy by passing legislation that enhances election security, increases social media transparency, and requires campaign officials to report any contact with foreign nationals attempting to coordinate with a campaign,” Warner said in a statement.

Sen. Richard Blumenthal (D-Conn.), a member of the Senate Judiciary Committee, called Mueller’s comments an “urgent plea for action.” Meanwhile, Sen. Christopher CoonsChristopher (Chris) Andrew CoonsOil companies join blitz for carbon tax Mnuchin says carbon capture tax credit guidance will be out soon Mnuchin signals administration won’t comply with subpoena for Trump tax returns MORE (D-Del.) added that Mueller “reiterated clearly and unequivocally that Russia attacked our democracy by interfering with our 2016 election.”

“As we approach the 2020 elections, we must invest more in election security and protect our democracy. This must not be a partisan issue; protecting our democratic process is far more important than politics,” Coons said.

Read more here.

 

LAWMAKERS HOPE TO DERAIL CHINESE RAILCAR PLANS: A bipartisan group of House members from New York are raising concerns about Chinese involvement in building New York City subway cars, zeroing in on the potential that the new train cars could be hacked or controlled remotely.

The group of 15 lawmakers, led by Reps. Kathleen RiceKathleen Maura RiceDHS suggests new role for cybersecurity staff — helping with border crisis WHIP LIST: Democrats who support an impeachment inquiry against President Trump Sinema, Gallagher fastest lawmakers in charity race MORE (D-N.Y.) and John KatkoJohn Michael KatkoAfter National Police Week, clearer heads must prevail in legislation slashing Amtrak security Here are the eight Republicans who voted with Democrats on the Equality Act House approves anti-LGBT discrimination Equality Act MORE (R-N.Y.), wrote a letter to the New York City Transit Authority and the Metropolitan Transit Authority (MTA) recently to “raise concerns regarding the safety and security” of New York City’s transit system following MTA’s decision to allow a Chinese-owned company to design new rail cars for the city.

“As you may be aware, critical infrastructure systems around the country have been increasingly targeted in recent years as part of coordinated hacking attempts and other forms of systematic interference, often stemming directly from foreign governments,” the lawmakers wrote.

“These actions are part of comprehensive efforts to undermine U.S. economic competitiveness and national security, and we have serious concerns regarding MTA’s involvement with some of those same foreign governments and the protections in place to ensure that our subway systems remain safe and secure,” they added.

In 2018, MTA announced that the winners of its “MTA Genius Transit Challenge” would include the China Railway Rolling Stock Corporation (CRRC), which proposed an investment of $50 million of its own funds to develop a new subway car in New York City. The challenge was announced in 2017 in order to upgrade the subway system.

While the members acknowledged that “no U.S. companies currently manufacture transit railcars,” they stressed that they have “serious concerns regarding the intimate involvement of a Chinese state-owned enterprise in these efforts.”

Read more here.

 

CRITICS SLAM FCC BROADBAND REPORT: The Federal Communications Commission (FCC) on Wednesday released a report showing the number of Americans with access to high-speed broadband has increased in recent years, figures that were dismissed by the commission’s two Democrats and outside consumer groups who say the FCC’s data-collection practices are too faulty to yield substantive conclusions.

According to the agency’s broadband deployment report, the number of U.S. residents without access to a high-speed broadband connection decreased by more than 18 percent between 2017 and 2018. The FCC said 4.3 million of those who gained broadband access live in rural settings.

The two Democratic commissioners at the FCC issued dissenting statements, saying it was fraudulent to claim that broadband is being deployed in a “reasonable and timely” manner.

“This report deserves a failing grade,” Democratic Commissioner Jessica Rosenworcel said. “It concludes that broadband deployment is reasonable and timely throughout the United States. This will come as news to millions and millions of Americans who lack access to high-speed service at home.”

The controversy: The FCC’s annual broadband deployment report has been mired in controversy for some time, particularly after the commission was forced to revise a draft earlier this year that overestimated the number of Americans receiving high-speed broadband. The draft, circulated within the FCC, included faulty data from one company, Barrier Free, which erroneously stated it was serving millions more people than it actually was.

Watchdog group Free Press outlined in a filing how Barrier Free’s inflated figures led to errors in the FCC’s draft report, and the commission said they would fix the data after receiving revised numbers from the company.

Data collection under scrutiny: Critics say the commission should not rely so heavily on self-reported data from providers. The report asks broadband providers to account for any area where it could provide service rather than the areas where it does provide service.

“There is bipartisan and near universal agreement that the FCC’s method for determining how many Americans have broadband vastly overstates broadband deployment and access,” Gigi Sohn, a former adviser at the FCC under the Obama administration, said in a statement.

“The FCC should complete its long-pending proceeding to change the methodology by which carriers measure broadband access,” Sohn added.

Read more on the controversy here.

 

HAPPY BIRTHDAY, GDPR: Europe’s sweeping data privacy law, the General Data Protection Regulation (GDPR), is facing tough questions at its one-year mark as regulators and industry giants intensify the fight over its enforcement.

The rule rolled out last May sparked big expectations from privacy activists who hoped it would force the largest tech companies like Facebook and Google, and the even murkier world of third-party data collectors, to fundamentally alter their business practices.

Tech watchers say that a year in, many of the lofty goals of the bill’s supporters have not been realized because companies have yet to make major changes to their data practices. But experts add that the law’s full effects are still taking shape.

“A year is too early to say that it’s been an obvious success or obvious failure,” said Lindsay Barrett, a staff attorney and fellow at Georgetown Law’s Communications and Technology Clinic.

It’s all about what happens next: Whether the law will force a real shift in the tech industry will largely depend on the next stage, in particular on how European courts rule in privacy cases and how data regulators pursue investigations and enforcement actions. Barrett said that establishing those legal precedents is a slow process.

“We have to consider the inertia that both the GDPR and privacy laws here are working against. I’m optimistic is the short answer,” she said. “It takes a lot to move the status quo to where the GDPR is hoping it will go.”

On our side of the pond: The first anniversary of the privacy law comes as Congress works on drafting the nation’s first federal consumer data protection law.

Daniel Castro, the vice president of the industry-backed think tank Information Technology and Innovation Foundation, said that the first lesson Congress can take from the European law is to establish a unified framework for businesses to abide by before other states try to set their own laws.

“The point of the GDPR was to create a single digital market,” Castro said. “The U.S. is moving towards the opposite of that.”

‘The best is yet to come’: Privacy advocates disagree and see plenty of potential for the GDPR to curb what they see as Silicon Valley’s excessive data collection.

“Regulators are only starting to enforce the GDPR and it will take years to have full effect. But already, things are looking bleak for our colleagues at Google and Facebook,” Johnny Ryan, the chief policy officer at Brave, a company that operates a privacy-focused internet browser, told the Senate Judiciary Committee last week.

Ryan, who had lobbied the DPC to look into Google’s practices, says a major reason is that the industry is still trying to see what they can get away with under the law.

“Up until now, most of the industry that I’m involved in has been playing a game of chicken with regulators,” Ryan told The Hill.

But he added that companies should brace themselves for what’s ahead as the fight shifts to the courts and regulators ramp up their probes.

“I think we’re only now at the point where it’s clear to the industry that they’re going to lose this game,” Ryan said.

Read more on GDPR turning one here.

 

BAD RATING, NO RIDE: Ride-hailing company Uber announced Wednesday that it will ban passengers with “significantly below average ratings” from using the popular app.

In a blog post, the company said the move is part of a new “education campaign” designed to push for more customer awareness of community standards.

“Respect is a two-way street, and so is accountability,” the post reads. “Drivers have long been expected to meet a minimum rating threshold which can vary city to city. While we expect only a small number of riders to ultimately be impacted by ratings-based deactivations, it’s the right thing to do.”

Uber said that customers at risk of being removed from the app will receive warnings and will have “several opportunities” to improve their behavior while using Uber.

Read more here.

 

POMPEO GOES AFTER HUAWEI: Secretary of State Mike PompeoMichael (Mike) Richard PompeoTo avoid war with Iran, US needs to deal — starting with a concession The Hill’s Morning Report – 2020 Dems make last dash for debate stage GOP rep says intel on Iran is ‘credible’ MORE has labeled Chinese telecommunications firm Huawei an “instrument of the Chinese government.”

“Huawei is an instrument of the Chinese government,” Pompeo said in a Fox Business Network interview that aired Wednesday. “They’re deeply connected. It’s something that’s hard for Americans to understand.”

“Our companies cooperate with the United States government. That is, they comply with our laws. But no president directs an American private company. That’s very different in China. They just simply operate under a different set of a rules,” he added.

Read more here.

 

AN OP-ED TO CHEW ON: China’s weapon of mass surveillance is a human rights abuse.

 

A LIGHTER CLICK: Per my last email.  

 

NOTABLE LINKS FROM AROUND THE WEB:

Facial recognition technology is facing a huge backlash in the US. But some of the world’s biggest tech companies are trying to sell it in the Gulf. (Buzzfeed News)

Twitter has started researching whether white supremacists belong on Twitter. (Motherboard)

Facebook sees ‘many open questions’ in years-long privacy pivot. (Bloomberg News)

Facebook’s engagement is sinking with no end in sight. (Mashable)

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Mueller speaks: Five takeaways

Special counsel Robert MuellerRobert (Bob) Swan MuellerThe Hill’s 12:30 Report: Trump orders more troops to Mideast amid Iran tensions Trump: Democrats just want Mueller to testify for a ‘do-over’ Graham: Mueller investigation a ‘political rectal exam’ MORE sent shockwaves through Washington on Wednesday by delivering his first — and possibly only — public remarks on his investigation.

During a brief, nine-minute appearance, Mueller made clear that he did not plan on speaking further about his two year-long investigation and gave fuel to pro-impeachment Democrats pressing their leadership to take action.

Here are five takeaways.

Mueller gives pro-impeachment Dems an argument

Mueller said that if his office “had confidence that the president clearly did not commit a crime, we would have said so.”

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He also said that Department of Justice guidance prohibited his office from bringing charges against the president, and that the same guidance states “that the Constitution requires a process other than the criminal justice system to formally accuse a sitting president of wrongdoing.”

Liberals pounced on those comments as a green light for an impeachment inquiry.

“Robert Mueller’s statement makes it clear: Congress has a legal and moral obligation to begin impeachment proceedings immediately,” tweeted Sen. Cory BookerCory Anthony BookerBen & Jerry’s spent over K on criminal justice reform Facebook ads in past week Harris to unveil abortion rights plan modeled on Voting Rights Act 2020 Democrats respond to Missouri’s only abortion clinic possibly closing MORE (D-N.J.), a presidential candidate who previously had not called for Trump’s impeachment.

Other Democrats were more cautious.

Speaker Nancy PelosiNancy PelosiHillicon Valley: Facebook defends keeping up Pelosi video | Zuckerberg faces contempt of Canadian parliament | Social media giants remove Iran-linked misinformation campaign | WHO calls video game addiction a health ‘disorder’ Facebook defends decision to keep up Pelosi video ‘What you eat, you become’: Chef José Andrés reveals what he’d cook for Trump MORE (D-Calif.), who has sought to keep a lid on impeachment talk, said Congress would “continue to investigate and legislate to protect our elections and secure our democracy” in a statement that didn’t mention impeachment.

Other key lawmakers also avoided the word impeachment, even as they vowed to take action.

“Given that Special Counsel Mueller was unable to pursue criminal charges against the President, it falls to Congress to respond to the crimes, lies and other wrongdoing of President TrumpDonald John TrumpDemocrat to announce Senate bid Wednesday against Lindsey Graham Harris praises Amash for calling for Trump’s impeachment: He has ‘put country before party’ NY Times reporter wears wedding dress to cover Trump in Japan after last-minute dress code MORE — and we will do so,” House Judiciary Committee Chairman Jerrold NadlerJerrold (Jerry) Lewis NadlerSeven key allies for Pelosi on impeachment Democrats are running out of stunts to pull from impeachment playbook Trump asks if Nadler will look into Clinton’s ‘deleted and acid washed’ emails MORE (D-N.Y.) said in a statement.

Asked directly about impeachment at a press conference later Wednesday, Nadler said “all options are on the table.”

In some ways, Mueller’s appearance makes Pelosi’s job more difficult.

The special counsel gave ammunition to those saying it is Congress’s constitutional duty to move forward with impeachment, but he did little to change the political calculus.

Pelosi has long seen impeachment as politically risky for a party hoping to win back the White House next November. Her statement generally indicated that her position on the issue hasn’t changed, but it’s likely to be more difficult now to quiet some of the calls for impeachment coming from within her caucus.

GOP says case closed

While Democrats who want to impeach Trump have some new talking points, Republicans seized on Mueller’s statements as bolstering their own familiar argument: It’s time to move on.

“Special Counsel Mueller confirmed today what we knew months ago when his report was released: there was no collusion and no obstruction,” Rep. Doug Collins (Ga.), the top Republican on the House Judiciary Committee, said in a statement. “Re-litigating the 2016 election and reinvestigating the special counsel’s findings will only further divide our country.”

Senate Judiciary Committee Chairman Lindsey GrahamLindsey Olin GrahamDemocrat to announce Senate bid Wednesday against Lindsey Graham McConnell says Republicans would fill 2020 Supreme Court vacancy ‘Secure and Protect Act’ the wrong approach on dealing with southern border MORE (R-S.C.) made similar remarks in a statement Wednesday, saying that after Mueller’s statements “the case is over.”

Republicans have been saying this ever since Attorney General William BarrWilliam Pelham BarrComey: Trump peddling ‘dumb lies’ Amash doubles down on accusing Barr of ‘deliberately’ misleading the public on Mueller report Barr’s probe could play right into the Kremlin’s hands MORE first released his memo summarizing the Mueller report, and nothing the special counsel said Wednesday is going to change that argument.

While Mueller once again made it clear that he was not exonerating Trump, it’ll be up to Democrats to take any next steps.

Polls have shown that many Americans are ready to move on from Mueller, and that’s one reason Pelosi has tread so cautiously on the impeachment issue.

While Mueller gave pro-impeachment Democrats some new ammunition, he didn’t say anything that will force Republicans to change their game plan.

Mueller doesn’t want to testify

Mueller made it clear he does not want to testify to Congress, raising a problem for Democrats who will have to decide whether they want to subpoena him.

“I hope and expect this to be the only time that I will speak about this matter,” Mueller said. “I am making that decision myself — no one has told me whether I can or should testify or speak further about this matter.”

Nadler has said it is imperative that Mueller testify and that the committee would subpoena him if necessary. But Democrats are unlikely to love the optics of subpoenaing him.

Nadler sidestepped questions Wednesday about a subpoena, stating: “Mr. Mueller told us a lot of what we need to hear today.”

If Mueller does appear, it’s unlikely he’ll say much based on Wednesday’s comments.

Mueller made it crystal clear that anything he’d say is already in his report.

“Any testimony from this office would not go beyond our report. It contains our findings and analysis, and the reasons for the decisions we made. We chose those words carefully, and the work speaks for itself,” Mueller said.

“The report is my testimony.” Mueller said.

The House Intelligence Committee also has sought Mueller’s testimony, though that would likely take place behind closed doors.

Mueller seeks to quash differences with Barr

In a March 27 letter revealed last month, Mueller objected to Barr’s memo on his report, arguing it failed to capture the “context, nature, and substance” of his investigation.

He also pushed Barr, a longtime friend of the special counsel, to immediately release more of the report, something Barr declined to do.

But on Wednesday, Mueller did not offer criticism of Barr, saying he didn’t question his “good faith” decision in waiting to release a redacted version of the special counsel’s full report.

“We appreciate that the attorney general made the report largely public. I do not question the attorney general’s good faith in that decision,” Mueller said.

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Democrats had seized on Mueller’s letter to bolster their argument that the attorney general mishandled the report to try to help Trump.

Mueller didn’t help their argument at all, showing no evidence of frustration or disappointment with Barr.

Mueller also threw cold water on Democrats’ suspicions that the Justice Department is trying to block him from testifying before Congress.

Mueller puts emphasis on Russian meddling

While much of the media coverage on Mueller’s press conference focused on his comments about obstruction, it was clear the former longtime chief of the FBI was focused on Moscow.

Mueller said he was initially tasked with investigating the scope of Russia’s meddling in the 2016 presidential election, and he outlined a pair of indictments brought forward by his office against Russian military officers who hacked Democrats ahead of the election and a Russian troll farm.

“I will close by reiterating the central allegation of our indictments — that there were multiple, systematic efforts to interfere in our election,” Mueller said. “That allegation deserves the attention of every American.”

Trump has repeatedly downplayed the extent of Russia’s meddling, and Senate Republicans have largely stonewalled election security bills.

Senate Rules Committee Chairman Roy BluntRoy Dean BluntHit singer Andy Grammer says ‘unity’ more important than any political party Top GOP senator: ‘More harassment than oversight’ in House Hillicon Valley: Trump takes flak for not joining anti-extremism pact | Phone carriers largely end sharing of location data | Huawei pushes back on ban | Florida lawmakers demand to learn counties hacked by Russians | Feds bust 0M cybercrime group MORE (R-Mo.) said earlier this month that he didn’t anticipate the Senate voting on any election security measures because Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellMcConnell says Republicans would fill 2020 Supreme Court vacancy GOP candidate expects Roy Moore to announce Senate bid in June The Hill’s 12:30 Report: Justices sidestep major abortion decision despite pressure MORE (R-Ky.) “is of the view that this debate reaches no conclusion.”

Mueller’s remarks could put more attention on the issue, and Democrats used his warning to back up their own calls to pass election security measures.

Uber to ban passengers with low ratings from using app

Ride-hailing company Uber announced Wednesday that it will ban passengers with “significantly below average ratings” from using the popular app.

In a blog post, the company said the move is part of a new “education campaign” designed to push for more customer awareness of community standards.

“Respect is a two-way street, and so is accountability,” the post reads. “Drivers have long been expected to meet a minimum rating threshold which can vary city to city. While we expect only a small number of riders to ultimately be impacted by ratings-based deactivations, it’s the right thing to do.”

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Uber said that customers at risk of being removed from the app will receive warnings, and will have “several opportunities” to improve their behavior while using Uber.

“Riders will receive tips on how to improve their ratings, such as encouraging polite behavior, avoiding leaving trash in the vehicle and avoiding requests for drivers to exceed the speed limit,” according to the post.

The new initiative is part of a campaign to promote Uber’s newly revamped community guidelines, which center on three principles: treating everyone with respect, helping keep one another safe and following the law. 

Uber’s decision to update its community guidelines comes amid safety concerns about the app and other similar ride-hailing services, such as Lyft. Earlier this year, the company launched a new set of campus safety measures following the murder of a University of South Carolina student who was killed after getting into a car she thought was her Uber ride.

The app has publicized several efforts to make the experience of using Uber safer for both customers and drivers, including updating sexual assault policies, safety features and committing to publish a “safety transparency report.”

“We want every Uber experience to be a great one,” Uber wrote. 

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DOJ watchdog accuses ex-FBI official of leaking 'sensitive' information, accepting gift from media

The Justice Department’s inspector general (IG) issued a report Wednesday accusing a former FBI deputy assistant director of leaking “sensitive” information to a member of the press.

A report from the Office of the Inspector General found the unnamed former official had accepted a gift from a member of the media. 

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In return, the IG report found, the FBI official “engaged in misconduct when the [official] accepted a ticket, valued at approximately $225, to attend a media-sponsored dinner, as a gift from a member of the media, in violation of federal regulations and FBI policy.”

The report provided little information into the nature of what was leaked.

No charges have yet been filed, with the report stating that prosecution of the former deputy assistant director had been “declined” without providing further explanation. The case has been referred to the FBI for potential further action.

A spokesman for the Justice Department did not immediately return a request for comment from The Hill on the investigation.

The accusations came as part of the Justice Department IG’s review of the FBI’s conduct during the 2016 campaign season, which recommended that the FBI “consider whether (a) it is appropriately educating employees about both its media contact policy and the Department’s ethics rules pertaining to the acceptance of gifts, and (b) its disciplinary provisions and penalties are sufficient to deter such improper conduct.”

The Justice Department also recently assembled a team of prosecutors to review of the origins of the investigation into President TrumpDonald John TrumpDemocrat to announce Senate bid Wednesday against Lindsey Graham Harris praises Amash for calling for Trump’s impeachment: He has ‘put country before party’ NY Times reporter wears wedding dress to cover Trump in Japan after last-minute dress code MORE‘s campaign and Russia in 2016.

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Defense intel head: Russia 'probably' violating nuclear test ban treaty

The top U.S. defense intelligence officer on Wednesday publicly accused Russia of “probably” violating an international agreement banning nuclear testing.

“The United States believes that Russia probably is not adhering to its nuclear testing moratorium in a manner consistent with the ‘zero-yield’ standard,” Defense Intelligence Agency Director Lt. Gen. Robert Ashley said in remarks at the Hudson Institute.

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“Our understanding of nuclear weapon development leads us to believe Russia’s testing activities would help it to improve its nuclear weapons capabilities,” he added.

But when pressed by a reporter on the comment, Ashley said only that “we believe they have the capability to do it the way they are set up” without again saying Russia likely is doing the testing.

At issue is the Comprehensive Nuclear Test Ban Treaty (CTBT), a United Nations agreement negotiated in the 1990s to ban nuclear explosions. Not enough countries have ratified the treaty for it to enter into force, but world powers, including the United States and Russia, agreed to adhere to a ban on tests. The zero-yield standard in the agreement means any explosions, even those that produce a low yield, are prohibited.

Ashley said he “can’t really get into the details,” but said Russia has facilities where they have the ability to conduct explosions.

He added that “part of the concern” is Russia “is not willing to affirm they are adhering” to the zero-yield standard.

The U.S. accusation that Moscow could be violating its test ban commitment comes at a critical time for U.S.-Russian arms control.

The Trump administration is in the process of withdrawing from a Cold War-era treaty that banned the United States and Russia from having nuclear and conventional ground-launched ballistic and cruise missiles with certain ranges. U.S. officials dating back to the Obama administration have repeatedly accused Russia of violating that accord, known as the Intermediate-range Nuclear Forces Treaty.

Meanwhile, a separate Obama-era treaty known as New START that caps the number of deployed nuclear warheads the United States and Russia are allowed is up for renewal in 2021. The Trump administration has indicated it wants to expand the scope of the treaty in order renew it, including folding in new weapons not covered by the deal and possibly including China.

Tim Morrison, senior director for weapons of mass destruction and biodefense on the National Security Council, said at the Hudson Institute on Wednesday that Trump will decide “next year” whether to extend New START.

Arms control advocates are worried the Trump administration is setting up negotiations on New START to fail, which would leave the world’s two biggest nuclear powers without treaty limitations on their arsenals for the first time in years.

Those advocates quickly criticized the administration Wednesday, saying Ashley presented no evidence to back up his accusation about the CTBT.

“The most effective way for the United States to enforce compliance with the zero-yield standard is for the Trump administration and the U.S. Senate to support ratification of the treaty and help to bring it into force, which would allow for intrusive, short-notice, on-site inspections to detect and deter any possible cheating,” the Arms Control Association said in a statement.

“In the meantime, if the U.S. has credible evidence that Russia is violating its CTBT commitments, it should propose, as allowed for in Articles V and VI of the treaty, mutual confidence building visits to the respective U.S. and Russian test sites by technical experts to address concerns about compliance,” the association added. 

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