Tensions between the U.S. and China amid the COVID-19 crisis are turning into a major headache for Chinese-owned tech companies such as telecom giant Huawei and social media app TikTok.

Lawmakers were already wary of Chinese tech groups before the outbreak of the coronavirus due to a 2017 law that requires all Chinese companies and citizens to share sensitive information with the Chinese government if asked. 

But the mood on Capitol Hill and in the Trump administration is turning increasingly against these Chinese groups amid tensions with Beijing over the origins of the COVID-19 crisis, the recent crackdown on Hong Kong, and the ongoing trade war. 

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Sen. Angus KingAngus KingHillicon Valley: Chinese tech groups caught in rising US-China tensions | Senator questions controversial facial recognition group on use during protests | Study finds vulnerabilities in online voting system used by several states On The Money: S&P erases 2020 losses as stocks soar | US entered recession in February: NBER | Lawmakers worry IRS is giving rich people a pass Chinese tech giants caught up in rising US-China tensions MORE (I-Maine), a member of the Senate Intelligence Committee, acknowledged that the current relationship between the U.S. and China is “difficult.”

“I sense a growing hawkishness towards China,” King told reporters on Friday. “I think it would be unrealistic not to acknowledge that right now the relationship with China is not good, and what we are talking about now with Huawei is just one piece of it,” he added.

King signed on as a co-sponsor last week to the Utilizing Strategic Allied (USA) Telecommunications Act, a bill that aims to invest in creating alternatives to telecom equipment from Chinese telecom groups Huawei and ZTE. 

He told reporters that he hoped the bill, which has bipartisan backing from the leaders of the Senate Intelligence Committee, would move forward in the next few months. 

“We are going to try to find a vehicle for sure, and I don’t think it should be terribly controversial, this isn’t a regulatory bill,” King said. “We are going to try to move it one way or another, hopefully sometime this summer.”

Huawei, which is the biggest producer of 5G equipment worldwide, has been a major target of suspicion both before and during the COVID-19 pandemic. 

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The Trump administration and bipartisan lawmakers have taken a multitude of steps to limit the company’s ability to do business in the U.S., including effectively blacklisting Huawei and designating the company as a national security threat. 

In the most recent blow to Huawei, the Commerce Department issued a rule restricting Huawei’s ability to use American technology and software to manufacture semiconductors, blocking the company from accessing a large share of chip production. 

Don Morrissey, Huawei’s director of congressional affairs, told The Hill that he was concerned about the geopolitical situation worsening Huawei’s relationship with lawmakers on Capitol Hill. 

“It does impact how people feel about us specifically,” Morrissey said, pointing to the ongoing trade war and increased conflict over China’s handling of the COVID-19 pandemic. 

“It’s not a comfortable place to be, but we are realistic, and we are hoping that as we get through this that the general atmosphere can improve,” he added. “Any observer could tell you that frictions have increased between the U.S. and China.”

Huawei and ZTE have not been the only major Chinese tech companies to come under scrutiny.

Popular video app TikTok, which has seen its popularity skyrocket during COVID-19 quarantines, and Bytedance, the Chinese company that owns TikTok, have also been viewed with concern by lawmakers in recent weeks.

A coalition of bipartisan lawmakers in the House and Senate recently grilled TikTok over concerns that it had violated a settlement with the Federal Trade Commission around protecting child privacy. 

“Given the reasonable concerns that the Chinese government may have access to the data TikTok collects on Americans, it is all the more troubling that the company appears to intentionally be in violation of U.S. data privacy laws,” a group of House Democrats led by Reps. Jan SchakowskyJanice (Jan) Danoff SchakowskyChinese tech giants caught up in rising US-China tensions Hillicon Valley: Trump signs order targeting social media legal protections | House requests conference with Senate after FISA vote canceled | Minneapolis systems temporarily brought down by hackers Democrats call on FTC to investigate allegations of TikTok child privacy violations MORE (D-Ill.) and Ann KusterAnn McLane KusterChinese tech giants caught up in rising US-China tensions Democratic lawmakers introduce legislation to ensure US can mass-produce COVID-19 vaccine Hillicon Valley: Trump signs order targeting social media legal protections | House requests conference with Senate after FISA vote canceled | Minneapolis systems temporarily brought down by hackers MORE (D-N.H.) wrote to FTC Chairman Joseph Simons last month.

Rep. Jim Banks (R-Ind.) went a step further and introduced legislation in April to add a national security warning to TikTok and other apps considered a national security risk. 

A spokesperson for TikTok did not respond to The Hill’s request for comment. The company has previously pushed back against national security concerns, pointing out that it stores data on Americans in the U.S. with a backup in Singapore. TikTok recently hired a former American Disney executive to serve as CEO. 

But concerns around Chinese companies have even spread beyond just tech companies into the realm of transportation.

Reps. Ron WrightRonald (Ron) WrightChinese tech giants caught up in rising US-China tensions Hillicon Valley: Uber lays off 3,000 | FBI unlocks Pensacola shooter’s phones | Lawmakers introduce bill restricting purchase of airline equipment from Chinese companies Bipartisan bill would restrict purchases of airport equipment from Chinese companies MORE (R-Texas) and Marc VeaseyMarc Allison VeaseyChinese tech giants caught up in rising US-China tensions House members race to prepare for first-ever remote votes Hillicon Valley: Uber lays off 3,000 | FBI unlocks Pensacola shooter’s phones | Lawmakers introduce bill restricting purchase of airline equipment from Chinese companies MORE (D-Texas) introduced legislation last month to prohibit the use of federal funds to purchase airport equipment made in countries that may pose a national security threat to the United States, such as China. 

They pointed to the need to shore up American jobs as the country deals with the COVID-19 pandemic, and specifically cited concerns over Chinese-owned company CIMC-Tianda, which manufactures passenger boarding bridges.

“Make no mistake, the CCP will stop at nothing to gain power and control,” Wright said in a statement when introducing the bill. “We cannot afford to give them inroads to our most critical systems.”

But while the increased tensions pose a threat to many Chinese-owned companies, Huawei and ZTE are still viewed by King as among the biggest threats due to the use of their equipment by U.S. telecommunication groups. 

“There is a big difference between an app and the heart of your 5G system in terms of access to data, and I just think we need to be aware of this,” King said. “Yes, we need to think about TikTok, but I think that’s a different level of risk than the Huawei and hub of 5G.”

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Democratic lawmakers and advocates at a hearing on Tuesday said environmental rollbacks pursued by the Trump administration to boost an economy damaged by the coronavirus outbreak are doing harm to minority communities.

In March, the Environmental Protection Agency (EPA) issued a memo informing companies they would not face penalties for failing to follow laws requiring monitoring of pollution, so long as the pandemic prevented them from doing so.

Since then, President TrumpDonald John TrumpMcBath, Handel to face off in Georgia House rematch Trump thanks George P. Bush for his support: ‘Great honor’ Trump Jr.’s Mongolia hunting trip cost K in Secret Service protection MORE has issued an executive order in May ordered agencies to roll back any regulation that they deem might inhibit economic growth. Another order issued last week waived requirements for environmental review under a suite of environmental laws. 

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Activists and some Democrats at the House Energy and Commerce hearing said these rules will hit minority communities the hardest. 

“For too long, the people living in these communities have borne a disproportionate share of pollution and its health risks,” said Rep. Frank Pallone (D-N.J.), the committee’s chairman.

“When the Trump administration rolls back protections under the Clean Air Act it hurts these communities most.  When this administration announces that it will not enforce some environmental laws and regulations during the pandemic, that hurts these communities, too.  And when President Trump issues an executive order circumventing the National Environmental Policy Act, or NEPA, that completely cuts the voices of these communities out of the decision-making process,” he said. 

During the hearing, the police killing of George Floyd, whose funeral was held Tuesday in Houston, was referenced repeatedly in emotional speeches from lawmakers on both sides of the aisle,

“Black communities are dealing with the systemic racism that has infected the policing in our communities that is literally choking us to death. The rolling back of environmental rules and regulations has us gasping for air due to the cumulative public health impacts from the burning of fossil fuels,” said Mustafa Santiago Ali, with the National Wildlife Federation, who was previously a senior adviser for environmental justice at the Environmental Protection Agency (EPA) during the Obama administration.

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“When we say, ‘I Can’t Breathe’ we literally can’t breathe.” 

The hearing was called to evaluate the ties between how pollution can exacerbate the effects of the pandemic, following a Harvard University study linking air pollution to higher coronavirus death rates.

But recent protests against police violence broadened the scope of the conversation to the numerous ways some communities are struggling with inequalities.

“As a country, we should be listening to others with different viewpoints and backgrounds, learning about their experiences and feelings, and taking action to form a more perfect Union that ensures justice and equality are available to all Americans, regardless of skin color,” Ranking Member Greg WaldenGregory (Greg) Paul WaldenIn Trump response to coronavirus, left sees environmental injustice GOP lawmakers say Steve King’s loss could help them in November Overnight Health Care: Hydroxychloroquine ineffective in preventing COVID-19, study finds | WHO to resume hydroxychloroquine clinical research | WHO says no evidence coronavirus is mutating MORE said after condemning the killing of Floyd.

“In many ways, today’s hearing seems to touch upon all these different circumstances. There is a bipartisan desire to explore how COVID-19 disproportionately impacted minority communities – whether it be socially, environmentally, or economically.” 

Studies have repeatedly found minority and low income communities face higher levels of pollution and are more likely to be chosen as the landing spot for polluting industries.

Rep. Raul RuizRaul RuizIn Trump response to coronavirus, left sees environmental injustice House coronavirus bill aims to prevent utility shutoffs OVERNIGHT ENERGY: Oil prices jump amid partial reopenings | Bill aims to block fossil fuel firms from coronavirus aid | Tribes to receive some coronavirus aid after court battle MORE (D-Calif.) has introduced a measure to funnel $50 million in EPA grants to such communities. It was included in the latest coronavirus stimulus package passed by the House, but the Senate has not yet acted on the legislation and is expected to approve its own measure. 

Jacqueline Patterson, senior director of the Environmental and Climate Justice Program at the National Association for the Advancement of Colored People, said they’ve been pushing for a number of stronger environmental regulations in order to protect those impacted by decades of pollution who are now doubly impacted by the new regulations pushed during the outbreak.

“Once again we have a response by the administration that prioritizes protecting the profits of big corporations while comparatively neglecting to advance action at the scale and depth that truly upholds the well being of people,” she said. 

“All of this combines to ensure that black indigenous and other communities are facing the harshest fallout of direct impact of Covid-19.”

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Dr. Anthony FauciAnthony FauciFauci says coronavirus his ‘worst nightmare’ and far from over The Hill’s Coronavirus Report: Singapore Minister for Foreign Affairs Vivian Balakrishnan says there will be consequences from fraying US-China relations; WHO walks back claims on asymptomatic spread of virus DC National Guard members called to respond to protests test positive for COVID-19 MORE early Wednesday expressed concern that recent mass protests against police brutality and racism would spread the novel coronavirus because of a lack of social distancing.

Fauci, the top U.S. infectious disease expert and member of the White House coronavirus task force, told ABC’s “Good Morning America” he isn’t surprised that members of the Washington, D.C., National Guard who mobilized in response to the protests had tested positive, but he called the development “disturbing.”

“The issue of physical separation is important. Masks can help, but it’s masks plus physical separation and when you get congregations like we saw with the demonstrations, like we have said – myself and other health officials – that’s taking a risk,” Fauci said. “Unfortunately, what we’re seeing now is just an example of the kinds of things we were concerned about.”

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Fauci said he wouldn’t be surprised if some protesters in D.C. subsequently contracted the novel coronavirus and noted that many of them came from other areas and will return to their home state or city.

“It’s the kind of things we were concerned about and unfortunately we’re seeing it come true right now,” Fauci said.

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Protests have broken out in cities including Minneapolis, New York and D.C. in the wake of the death of George Floyd in the hands of police. Over the weekend, the nation’s capital witnessed its largest demonstration, with thousands marching downtown to protest police violence and racism. Many protesters were seen wearing masks, but in some cases they were tightly packed together, without observing the recommended six-feet physical distance during the pandemic.

Health experts have expressed concerns that the demonstrations could help spread the virus, which has infected nearly 2 million Americans as of Wednesday morning. Evidence of the protests contributing to a spike in cases wouldn’t be seen until roughly two weeks from the beginning of the protests, however.

Meanwhile, states across the country have embarked on plans to loosen restrictions meant to curb the spread of COVID-19, the disease caused by the coronavirus, and allow businesses to reopen. Some states like Texas and Arizona have seen spikes in cases and hospitalizations as they reopen, underscoring the risks of reopening.

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Fauci emphasized Wednesday that it was important for Americans to continue to wear masks, keep distance from others, frequently wash their hands and avoid congregations “in large numbers” as states reopen.

“You still have to practice a degree of caution and carefully go through the process of trying to normalize,” Fauci said.

“We know everyone wants to approach normality and get things back to normal including the economy, but that doesn’t mean that all bets are off and that’s the reason why we say be careful and do it prudently,” he continued.

Dozens of former Facebook employees sent a letter to Mark ZuckerbergMark Elliot ZuckerbergHillicon Valley: Conspiracy theories run rampant online amid Floyd protests | First lawsuit filed against Trump social media order | Snapchat to no longer promote Trump’s account Dozens of ex-Facebook employees criticize Zuckerberg over stance on Trump posts First lawsuit filed against Trump’s social media order MORE on Wednesday criticizing him over a decision to leave controversial posts by President TrumpDonald John TrumpFormer employees critique EPA under Trump in new report Fired State Department watchdog says Pompeo aide attempted to ‘bully’ him over investigations Virginia senator calls for Barr to resign over order to clear protests MORE untouched.

The 34 employees said in the letter published in The New York Times that leaving the posts in which Trump said “when the looting starts, the shooting starts” is a “betrayal” of the social media platform’s ideals.

The post was in reference to protests in Minnesota sparked by the death of George Floyd in Minneapolis police custody.

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“[Facebook] claims that providing warnings about a politician’s speech is inappropriate, but removing content from citizens is acceptable, even if both are saying the same thing,” they wrote.

“That is not a noble stand for freedom. It is incoherent, and worse, it is cowardly. Facebook should be holding politicians to a higher standard than their constituents,” they added.

Zuckerberg and Facebook’s leadership have been under intense criticism since making the decision to leave the post up, including from inside the company.

Several current employees have spoken up about the posts, and on Monday, several held a digital protest.

Zuckerberg has defended the decision, saying that Facebook is not an “arbiter of truth.” Current and former employees disagree.

“Facebook isn’t neutral, and it never has been,” the former engineers wrote Wednesday. “Making the world more open and connected, strengthening communities, giving everyone a voice — these are not neutral ideas.”

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While Facebook has left posts by Trump untouched, other platforms have taken action.

Twitter placed an interstitial warning about glorifying violence on the post about shooting looters, while Snap Inc. has stopped promoting the president’s content on its picture chatting application.

Facebook has come under criticism before for not fact-checking political figures on the platform, especially in advertisements.

“Today, Facebook’s leadership interprets freedom of expression to mean that they should do nothing — or very nearly nothing — to interfere in political discourse,” the former employees wrote.

“They have decided that elected officials should be held to a lower standard than those they govern. One set of rules for you, and another for any politician, from your local mayor to the President of the United States,” they added.

Spokespeople for Facebook declined to comment on the letter.

Twitter and Square will make Juneteenth a company holiday, CEO Jack Dorsey announced Tuesday.

The holiday, celebrated June 19th, marks the day Gen. Gordon Granger in 1865 read the Emancipation Proclamation to former slaves in Texas, the final state where emancipation was announced after the proclamation was issued in 1863.

The holiday has been observed among African Americans as a celebration of emancipation since at least 1866 and is recognized as a state holiday or observance in 47 states.

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In a pair of tweets Tuesday, Dorsey confirmed the companies would make the day a holiday every year going forward, adding “Countries and regions around the world have their own days to celebrate emancipation, and we will do the work to make those dates company holidays everywhere we are present.”

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Several tech firms have taken numerous steps in response to protests that have swept the nation over the death of George Floyd, an unarmed black man who died in Minneapolis police custody on May 25.

IBM announced it will no longer offer general purpose facial recognition software, saying “We believe now is the time to begin a national dialogue on whether and how facial recognition technology should be employed by domestic law enforcement agencies.”

Amazon CEO Jeff BezosJeffrey (Jeff) Preston BezosTwitter to honor Juneteenth as company holiday Hillicon Valley: Chinese tech groups caught in rising US-China tensions | Senator questions controversial facial recognition group on use during protests | Study finds vulnerabilities in online voting system used by several states Bezos says he’s ‘happy to lose’ customers over his Black Lives Matter support MORE, meanwhile, said that customers who dropped their support for the retail giant over Bezos’s support for the Black Lives Matter movement were “the kind of customer I’m happy to lose.” 

A top World Health Organization (WHO) official on Monday said that it appears “very rare” for an asymptomatic person with the coronavirus to transmit it to another person, a potential bit of good news in the fight against the virus.

“From the data we have, it still seems to be rare that an asymptomatic person actually transmits onward to a secondary individual,” said Maria Van Kerkhove, the WHO’s technical lead for COVID-19, when asked about the issue at a press briefing.  

She noted that the answer is not definitive. “We are constantly looking at this data, and we’re trying to get more information from countries to truly answer this question,” she said. “It still appears to be rare that an asymptomatic individual actually transmits onward.”

She said the WHO has information reported by countries that has not been published in studies, finding that detailed contact tracing has not found significant spread from asymptomatic people. 

“We have a number of reports from countries who are doing very detailed contact tracing. They’re following asymptomatic cases, they’re following contacts, and they’re not finding secondary transmission onward,” Van Kerkhove said. “It’s very rare. Much of that is not published in the literature.”

However, Ashish Jha, director of the Harvard Global Health Institute, expressed some skepticism of the WHO’s claim and said he thinks asymptomatic transmission is, in fact, an important source of spread and that some modeling shows as much as 40 to 60 percent of transmission is from people without symptoms. 

Jha said it’s possible the WHO is making a distinction between asymptomatic spread and presymptomatic spread, when someone eventually develops symptoms but spreads the virus before they do. 

If it is indeed true that asymptomatic spread of the virus is very rare, it would make it easier to contain the transmission because there would be less worry about people unwittingly spreading the virus as they went about their lives without any symptoms. 

“If this turns out to be true it would be a game-changer, but I think it would be really important for us to know whether CDC concurs?” tweeted Peter Hotez, an infectious disease expert at Baylor University, in response to the WHO statement on Monday. 

Van Kerkhove said the focus should be on tracking the symptomatic cases. 

“If we actually followed all of the symptomatic cases, isolated those cases, followed the contacts and quarantined those contacts, we would drastically reduce [transmission],” she said.

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

Welcome! Follow our cyber reporter, Maggie Miller (@magmill95), and tech reporter, Chris Mills Rodrigo (@chrisismills), for more coverage.

ELECTION SECURITY CHAOS: Georgia Secretary of State Brad Raffensperger (R) vowed to launch an investigation into the chaos during Tuesday’s primary elections that saw long lines and confusion in parts of the state.

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“The voting situation today in certain precincts in Fulton and Dekalb counties is unacceptable,” Raffensperger said in a statement. “My office has opened an investigation to determine what these counties need to do to resolve these issues before November’s election.”

New machines: Tuesday’s elections saw one of the first major tests for Georgia’s new voting systems, which were bought by the state following a federal ruling last year that required Georgia to phase out paperless voting machines by 2020. 

Many voting issues on Tuesday stemmed from these new machines, provided as part of a multimillion dollar contract with Dominion Voting Systems. 

“Obviously, the first time a new voting system is used there is going to be a learning curve, and voting in a pandemic only increased these difficulties,” Raffensperger acknowledged. “But every other county faced these same issues and were significantly better prepared to respond so that voters had every opportunity to vote.”

Kay Stimson, the vice president of Government Affairs at Dominion, told The Hill that the company had a “command center” in Georgia and had “teams deployed around the state” to respond to any reported issues with Dominion equipment. 

Many of the reported concerns were in Fulton County, which encompasses much of central Atlanta. Mayor Keisha Lance Bottoms (D) tweeted that at one point “none of the machines” in one precinct were working.

Stimson said that in Fulton County, one issue stemmed from the delivery of “poll pads” used to check voters in, and pointed to issues with “consolidating polling places last minute” due to changes from the COVID-19 pandemic.

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Voter suppression concerns: Raffensperger announced the investigation in the midst of strong criticism from officials including former Democratic presidential candidate Sen. Kamala HarrisKamala Devi HarrisBiden fundraiser with Harris raises .5 million Biden: There’s ‘absolutely’ systemic racism in law enforcement Hillicon Valley: Georgia officials launch investigation after election day chaos | Senate report finds Chinese telecom groups operated in US without proper oversight MORE (D-Calif.) that the confusion was leading to “voter suppression.”

Read more.

SENATE REPORT ON CHINESE TELECOM: Three Chinese telecommunications firms were allowed to operate for roughly 20 years in the U.S. without appropriate oversight, according to a bipartisan report released by the Senate Permanent Subcommittee on Investigations released early Tuesday.

The report focuses on China Telecom Americas, China Unicom Americas and ComNet USA, claiming that appropriate agencies have failed to respond to national security threats they pose.

The Federal Communications Commission (FCC) relied on “Team Telecom” — an informal group drawing from the departments of Justice, Homeland Security and Defense — for its national security oversight of foreign telecom companies, according to the report.

But the group allegedly lacked the statutory authority or resources to fill that role.

Team Telecom only visited China Telecom Americas and ComNet USA twice in a decade and never interacted with China Unicom Americas, according to the report.

The report calls on the FCC to conduct a full review of the three companies and establish a clear process for revoking authorizations if need be.

It also lays out a series of steps for Congress to take on the issue, including formalizing Team Telecom and giving it official authority while preserving its composition.

The members wrote in the report that the administration “recently issued an executive order establishing a formal committee to review the national security and law enforcement risks posed by foreign carriers operating in the United States.”

However, the members concluded that “the new committee’s authorities remain limited, and as a result, our country, our privacy, and our information remain at risk.”

Read more.

STEALING FROM THOSE IN NEED: A top official with the U.S. Secret Service said Tuesday that coronavirus-related fraud could lead to $30 billion in federal relief funds being stolen by criminals. 

“Congress has appropriated nearly $3 trillion to support the American economy, the largest-ever economic stimulus package in U.S. history,” Secret Service Assistant Director Michael D’Ambrosio testified during a Senate Judiciary Committee hearing on coronavirus-related fraud. 

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He emphasized that “even if we assume a very low rate of fraud, of just 1 percent, we should still expect more than $30 billion will end up in the hands of criminals. And that is likely an underestimation of the risk, and just one portion of the full range of risks at play.”

D’Ambrosio noted that much of this theft is occurring online, such as through cyber criminals targeting Americans with malicious coronavirus-related phishing emails, or through targeting cyberattacks at the insecure networks of those working from home. 

The Secret Service has taken steps to counter these scams, with D’Ambrosio saying the agency had disrupted “hundreds” of scams and prevented around $1 billion from being lost to malicious actors. 

“Countering criminal schemes seeking to exploit the COVID-19 pandemic has become a primary investigative focus for the U.S. Secret Service, and will remain so over the coming years,” D’Ambrosio said. 

The COVID-19 pandemic has led to a spike in scams against Americans, including those targeting small business relief funds and stimulus checks from the government. 

Read more about the scams here.

IBM STOPS FACIAL RECOGNITION: IBM will no longer offer general purpose facial recognition or analysis software, the company’s CEO said in a letter to some members of Congress on Monday.

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“IBM firmly opposes and will not condone uses of any technology, including facial recognition technology offered by other vendors, for mass surveillance, racial profiling, violations of basic human rights and freedoms, or any purpose which is not consistent with our values and Principles of Trust and Transparency,” company CEO Arvind Krishna wrote to Sens. Cory BookerCory Anthony BookerHillicon Valley: Georgia officials launch investigation after election day chaos | Senate report finds Chinese telecom groups operated in US without proper oversight IBM terminates facial recognition technology business Kamala Harris: ‘Insulting’ Rand Paul held up anti-lynching bill on day of George Floyd funeral MORE (D-N.J.) and Kamala Harris (D-Calif.) and Reps. Hakeem JeffriesHakeem Sekou JeffriesHillicon Valley: Georgia officials launch investigation after election day chaos | Senate report finds Chinese telecom groups operated in US without proper oversight IBM terminates facial recognition technology business Democrats unveil sweeping legislation in response to protests of police brutality MORE (D-N.Y.), Jerrold NadlerJerrold (Jerry) Lewis Nadler Floyd’s brother to testify in front of House Judiciary Committee hearing on police brutality House Judiciary Committee to hold hearing on police brutality next week House Judiciary to hear whistleblowers on ‘politicization’ of Justice Dept under Trump MORE (D-N.Y.) and Karen BassKaren Ruth BassRepublicans walk tightrope on police reform Hillicon Valley: Georgia officials launch investigation after election day chaos | Senate report finds Chinese telecom groups operated in US without proper oversight IBM terminates facial recognition technology business MORE (D-Calif.).

“We believe now is the time to begin a national dialogue on whether and how facial recognition technology should be employed by domestic law enforcement agencies.”

IBM will no longer release software packages or develop, create, research or sell facial recognition software itself, according to the company. 

While facial recognition technology has improved substantially, concerns remain.

Civil rights groups have panned the technology as unwarranted surveillance, while multiple studies have found that it tends to misidentify women and people of color at comparatively higher rates than men and white people.

The National Institute of Standards and Technology, a federal agency within the Department of Commerce, released an expansive study in December finding that the majority of facial recognition systems have “demographic differentials” that can worsen their accuracy based on a person’s age, gender or race.

IBM has tried to address those concerns by releasing a public data set in an attempt to reduce bias in their software.

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Krishna wrote in his letter Monday that while technology could be used to increase police transparency, facial recognition could also be misused.

Read more.

SENATORS FOLLOW UP TRUMP ORDER: A group of Republican senators on Tuesday asked the Federal Communications Commission (FCC) to “clearly” define when social media platforms should receive protections under Section 230 of the Communications Decency Act.

The letter from Republican Sens. Marco RubioMarco Antonio RubioHillicon Valley: Georgia officials launch investigation after election day chaos | Senate report finds Chinese telecom groups operated in US without proper oversight Republican Senators ask FCC to ‘clearly define’ when social media platforms should receive liability protections Trump’s tweet on protester sparks GOP backlash  MORE (Fla.), Josh HawleyJoshua (Josh) David HawleyGOP senators introduce resolution opposing calls to defund the police Hillicon Valley: Georgia officials launch investigation after election day chaos | Senate report finds Chinese telecom groups operated in US without proper oversight Republican Senators ask FCC to ‘clearly define’ when social media platforms should receive liability protections MORE (Mo.), Kelly LoefflerKelly LoefflerHillicon Valley: Georgia officials launch investigation after election day chaos | Senate report finds Chinese telecom groups operated in US without proper oversight Republican Senators ask FCC to ‘clearly define’ when social media platforms should receive liability protections Georgia election chief vows ‘honest’ vote as mail ballots smash records MORE (Ga.) and Kevin CramerKevin John CramerGOP senators introduce resolution opposing calls to defund the police Trump tweets spark fresh headache for Republicans Hillicon Valley: Georgia officials launch investigation after election day chaos | Senate report finds Chinese telecom groups operated in US without proper oversight MORE (N.D.) comes on the heels of an executive order from President TrumpDonald John TrumpMcBath, Handel to face off in Georgia House rematch Trump thanks George P. Bush for his support: ‘Great honor’ Trump Jr.’s Mongolia hunting trip cost K in Secret Service protection MORE aimed at that same law.

Section 230 gives companies operating online immunity for content posted on their platforms by third parties and allows them to make “good faith” efforts to moderate content.

Trump’s executive order, among other things, directs an agency within the Commerce Department to file a petition with the FCC to clarify the scope of Section 230.

The order implies that a reinterpretation of the rule could make social media platforms more liable for claims based on third-party content, as well as their efforts to moderate their platforms.

Tuesday’s letter focuses on what that review by the FCC could look like.

It says that it is time to “take a fresh look at” the portion of Section 230 that gives immunity for efforts to police platforms, calling the “good faith” standard vague in the statute.

Read more.

HONDA HIT BY CYBERATTACK: Japanese car manufacturer Honda was hit Monday night by a cyberattack that temporarily affected production, a spokesperson for the company told The Hill. 

The spokesperson said in a statement on Tuesday that Honda had “experienced a cyberattack that has affected production operations at some U.S. plants.”

The spokesperson added that the cyberattack had not caused a data breach, and that Honda had “resumed production in most plants and are currently working toward the return to production of our auto and engine plants in Ohio.”

Honda further told BBC News that the incident had temporarily halted production at manufacturing plants in the United Kingdom, Italy, and Turkey, adding that the “virus had spread” throughout its network. 

According to the BBC, some experts have speculated that the attack may have involved ransomware, a common type of attack that involves hackers locking a network and demanding payment to give users access again. 

Read more.

NOTHING TO SEE HERE: Drones manufactured by Da Jiang Innovation that were previously used by the U.S. government have not transferred data to the Chinese company or China’s government, according to a report published Tuesday by consulting firm Booz Allen Hamilton.

The study is the latest to call into question allegations from several lawmakers who have pushed for federal agencies to stop using Chinese-made drones over worries that they share data with the Chinese Communist Party (CCP).

“That’s the allegation that we’ve seen the past two years or more repeated by policymakers and in some cases our competitors as a reason to enact policy that would take away the ability to choose which products to use in a mission,” Brendan Schulman, DJI’s vice president of policy, told The Hill in an interview.

“None of those have been accompanied by evidence or analysis demonstrating that there’s a factual basis behind the allegation.”

Booz Allen Hamilton, which has no business ties to DJI, said it found no evidence of unauthorized data transmissions in its analysis of three drone models used at one point by the U.S. government.

DJI, one of the world’s largest manufacturers of drones, has long held that no data is transferred from its drones to either the CCP or the company itself. Users have the option of storing the images and videos collected by the drones on DJI-run servers.

Read more here.

Lighter click: Go check out some books

An op-ed to chew on: Telehealth may finally shift health care to be patient-centered

NOTABLE LINKS FROM AROUND THE WEB: 

Some states have embraced internet voting. It’s a huge risk (Politico / Eric Geller) 

Tesla defied county orders so it could restart production. Days later, workers tested positive for the coronavirus. (The Washington Post / Faiz Siddiqui)

250 Microsoft Employees Call on CEO to Cancel Police Contracts and Support Defunding Seattle PD (OneZero / Dave Gershgorn)

Police body cameras at protests raise privacy concerns (CNET / Alfred Ng)

Vast hack-for-hire scheme against activists, corporate targets tied to Indian IT firm (CyberScoop / Jeff Stone)

An organization of former U.S. diplomats and retired senior officials is calling on the State Department to increase diversity among its ranks amid the nationwide protests over the death of George Floyd.

The American Academy of Diplomacy (AAD), a nonpartisan and nongovernmental organization of retired State Department officials, issued a statement Tuesday to put their support behind the widespread protests over racial injustice engulfing the U.S.

“The Academy strongly supports the peaceful demonstrators in their tens of thousands across America who demand that the callous murder of George Floyd be the last of these racially motivated crimes,” said the statement signed by AAD Chairman Thomas Pickering and AAD President Ronald Neumann.

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Pickering, who held six overseas ambassadorships and served as the under secretary of State for Political Affairs between 1997 and 2000, is the namesake behind a State Department fellowship program established in 1992 to promote more diversity among employees in the agency.

“The demonstrators and those who have spoken out remind us that America cannot lead the world unless at home we live up to the values we so proudly defend abroad,” the men wrote in the statement.

The AAD also called out the State Department for the lack of diversity among its senior staff.

“Women and minorities continue to be significantly underrepresented in the Department of State, most glaringly in the senior ranks. Out of 189 U.S. Ambassadors serving abroad today, there are three African American and four Hispanic career diplomats,” the statement read.

The AAD outlined five steps the agency can begin to take “immediately,” including issuing public commitments to establishing a culture of diversity and inclusion; taking meaningful action to increase the recruitment of minorities and women; strengthening mentorship programs for these groups; increasing the assignment and promotion of minorities and women to senior ranks and positions in the foreign service; and setting up “a culture of accountability” to make sure diversity goals are met.

“We believe that a diplomatic service and other representatives of US foreign policy need to look like America, an essential part of representing our country abroad,” the statement read.

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Secretary of State Mike PompeoMichael (Mike) Richard PompeoState Department asking for investigation of ousted watchdog Trump was talked out of firing Esper last week: report US faces allegations of human rights abuses over treatment of protesters MORE has called “abhorrent” the actions by police officers involved in Floyd’s death, but he has been criticized for not talking more forcefully in support of the right to protest, which some former diplomats believe is hurting America’s credibility abroad.

A State Department spokesperson said that the secretary is “committed to building a more diverse and inclusive Department of State workforce. This commitment to diversity and inclusion reflects the Department’s professional ethos.”

The spokesperson added that the State Department has established an agency-wide task force to provide input for recruiting and retaining diverse staff as part of the 2020-2024 Diversity and Inclusion Strategic Plan.

The spokesperson pointed to the Pickering fellowship and an additional program, the Rangel Fellowship, as legacy programs promoting diversity within the State Department, with at least 900 participants since 1992. 

“Several Fellows have crossed the threshold into the Senior Foreign Service, and/or are in leadership positions serving as Ambassadors, Deputy Chiefs of Mission, and Deputy Assistant Secretaries,” they said.

“We are always looking for ways to strengthen our commitment. The Department has taken — and continues to take — many concrete steps to increase the diversity of our workforce and foster a more inclusive organization.”

—Updated at 10:55 p.m.

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Interior Secretary David Bernhardt told lawmakers on Friday that U.S. Park Police (USPP) officers faced “a state of siege” leading up to the clearing of protesters near the White House earlier in the week, saying violence during the demonstrations was “indisputable.”

Bernhardt’s letter to lawmakers comes as congressional Democrats seek an explanation for why chemical agents were used to clear those protesting George Floyd’s death at Lafayette Square on Monday shortly before President TrumpDonald John TrumpMichigan to seek federal disaster declaration over broken dams Trump to make it easier for Alaska hunters to kill wolf pups and bear cubs: report Army briefs House panel on response to DC protests MORE left the White House to visit a nearby church for a photo-op.

“Beginning on Saturday May, 30, 2020, the USPP were under a state of siege and routinely subject to attack by violent crowds,” Bernhardt wrote to members of the House Natural Resources Committee, which oversees the Interior Department.

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“The incidents are numerous and include USPP officers having their police cars vandalized; being subject to bombardment by lighted flares; Molotov cocktails, rocks, bricks, bottles and other projectiles; and physical assault so violent that to date over 50 area law enforcement officers have been injured to some degree,” Bernhardt wrote, adding that one officer required emergency surgery. 

Bernhardt’s response proved unsatisfactory to lawmakers on the Democratic-led panel who had requested a briefing on Park Police tactics used during the clearing.

“That you attempted to ‘respond’ to our letter without actually responding to our request for a briefing is irresponsible; that you sought to explain the police violence on June 1 without mentioning that the goal was to allow a frightened president to pose for a photo-op with a borrowed Bible is pathetic. Efforts to spin a narrative plainly contradicted by video evidence is folly,” Natural Resources Chairman Raúl Grijalva (D-Ariz.) said in a letter to Bernhardt late Friday.

While there have been numerous reports of looting of businesses and vandalism of federal buildings in Washington, D.C., Monday’s protests were considered generally peaceful before protesters were cleared using chemical agents shortly before a 7 p.m. curfew took effect.

Bernhardt insisted in his letter that “while standard equipment … like pepper balls” were used to clear the crowds on Monday evening, “no tear gas was used by USPP or associated agents at Lafayette Park.”

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A Park Police spokesman on Friday said it was a “mistake” to say that no tear gas was used given that chemical agents that law enforcement officers deployed cause similar eye and lung irritation.

“I’m not going to say that pepper balls don’t irritate you,” Park Police spokesman Sgt. Eduardo Delgado told Vox, noting they contain an irritant derived from pepper plants. “I’m not saying it’s not a tear gas, but I’m just saying we use a pepper ball that shoots a powder.”

The Centers for Disease Control and Prevention includes pepper spray and pepper balls under the category of a “riot control agent,” something it defines as “chemical compounds that temporarily make people unable to function by causing irritation to the eyes, mouth, throat, lungs, and skin.”

Bernhardt also said the Monday protests included demonstrators who “began assaulting law enforcement with projectiles while threatening to storm the secured areas,” ending his letter with an offer for lawmakers to accompany him when he visits injured officers.

Grijalva said he would accept.

“Please identify a date and time when we can speak with any U.S. Park Police officer injured on June 1, as well as the leadership of the force,” he wrote. “We will also invite victims of USPP violence during this incident to participate.”

An environmental group on Tuesday said it will sue the White House if President TrumpDonald John TrumpMcBath, Handel to face off in Georgia House rematch Trump thanks George P. Bush for his support: ‘Great honor’ Trump Jr.’s Mongolia hunting trip cost K in Secret Service protection MORE doesn’t walk back an executive order that waives endangered species protections along with a host of other environmental laws.

The Thursday order from Trump relies on emergency authority to waive the requirements of a number of environmental laws, arguing the U.S. needs to fast-track construction projects to fight the economic fallout tied to the coronavirus pandemic. 

The order could be a boon to controversial projects that have lingered while agencies undertake environmental reviews, ranging from pipelines to oil and gas drilling to highway construction.

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Weighing how those projects might impact imperiled plant and animal life is just one of the considerations.

But the suit from the Center for Biological Diversity argues the Trump administration is violating laws that allow for sidestepping environmental review only in fast-moving emergencies like an environmental disaster.

“Congress made the deliberate decision not to elevate general economic activity and ordinary infrastructure projects above the interests of imperiled species but, rather, to ‘afford’ listed species ‘the highest of priorities’ even above the ‘primary missions’ of federal agencies,” the Center wrote in its letter of intent to sue.

The letter follows guidelines requiring a 60 day notice before filing a suit.

“President Trump has used his lawful executive authority to expedite infrastructure projects and the economic recovery while protecting the environment, and CBD is misreading the plain text of the order to push a radical, Green New Deal-like agenda,” White House spokesman Judd Deere said in an email, using an abbreviation for the Center. 

The Trump administration has taken a number of steps to weaken the Endangered Species Act.

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A rule finalized by the administration in August dramatically scales back America’s landmark conservation law, limiting protections for threatened species and how factors like climate change can be considered in listing decisions. It also curbs the review process used before projects are approved on their habitat. 

The Thursday order also lifts environmental review required under the National Environmental Policy Act and the Clean Water Act — all of which Trump argued was necessary.

“From the beginning of my Administration, I have focused on reforming and streamlining an outdated regulatory system that has held back our economy with needless paperwork and costly delays,” Trump wrote in the order. “The need for continued progress in this streamlining effort is all the more acute now, due to the ongoing economic crisis.”

However, numerous legal experts have expressed concern over the use of emergency authority by the White House, and additional lawsuits are likely.

“Trump’s authoritarianism seems to reach deranged new levels every week,” Kierán Suckling, the Center for Biological Diversity’s executive director, said in a release. 

“The president’s not above the law. Inciting federal agencies to violate the Endangered Species Act is part of a pattern he’s displayed throughout his presidency. He’s encouraging officials to ignore the rules and obey his whims,” he added.

Rachel Frazin contributed. 

Updated at 4:49 p.m.