DOJ weakens policy on investigating elections: report

Federal election inspectors will be allowed to take steps to investigate potential election-related criminal offenses even if the public reaction to their investigations could impact the election itself, according to a new memo.

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In the directive emailed by the Justice Department’s Public Integrity Section on Friday and first reported by ProPublica, officials state that an exception now exists to the rule dictating that federal investigators avoid taking action — such as making arrests or conducting searches — that would cause a public reaction and therefore have potential to influence election results.

Investigators will now be able to take such action if “the integrity of any component of the federal government is implicated by election offenses within the scope of the policy including but not limited to misconduct by federal officials or employees administering an aspect of the voting process through the United States Postal Service, the Department of Defense or any other federal department or agency,” according to ProPublica.

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The change comes as President TrumpDonald John TrumpFive takeaways from the vice presidential debate Harris accuses Trump of promoting voter suppression Pence targets Biden over ISIS hostages, brings family of executed aid worker to debate MORE and other Republicans have hammered advocates of expanding mail-in or absentee voting, which they have argued, without evidence, is rife with widespread fraud.

Former Justice Department officials told ProPublica that the move could be utilized by the agency to “make inflated announcements about mail-in vote fraud and the like in the run-up to the election.”

“It’s unusual that they’re carving out this exception,” added the Justice Department’s former civil rights division head, Vanita Gupta, in an interview with the news outlet.

“It alarms me that the DOJ would want to authorize more of the same in and around the election,” former Deputy Attorney General Justin Levitt told ProPublica. “It’s incredibly painful for me to say, but given what we’ve seen recently, Americans shouldn’t trust DOJ announcements right now.”

The agency previously faced searing criticism from Democrats around the 2016 election after then-FBI Director James ComeyJames Brien ComeyDOJ weakens policy on investigating elections: report ‘Comey Rule’ exposes entertainment reporting’s blinding partisanship Judiciary Committee postpones hearing with McCabe on Russia probe MORE decided to reopen an investigation into then-Democratic presidential nominee Hillary ClintonHillary Diane Rodham ClintonFive takeaways from the vice presidential debate Trump campaign dialing back ads in Midwest states: report Hillicon Valley: Facebook to label posts if candidates prematurely declare victory | Supreme Court hears landmark B Google, Oracle copyright fight | House Dem accuses Ratcliffe of politicizing election security intel MORE‘s private email server, which they believe swung the outcome of that contest in Trump’s favor days before voters cast their final ballots.

Trump official to attend unveiling of painting honoring ISIS victim Kayla Mueller

President TrumpDonald John TrumpFive takeaways from the vice presidential debate Harris accuses Trump of promoting voter suppression Pence targets Biden over ISIS hostages, brings family of executed aid worker to debate MORE’s national security adviser, Robert O’Brien, is scheduled to attend the unveiling of a painting today honoring slain ISIS hostage Kayla Mueller, according to ABC15 Arizona

The painting reportedly commemorates the 2019 military raid, named for Mueller, that killed ISIS terrorist leader Abu Bakr al-Baghdadi in Syria. 

O’Brien will be joined by Kayla’s parents, Marsha and Carl Mueller, and Arizona Gov. Doug DuceyDoug DuceyJudge pushes back Arizona voter registration deadline States move to reopen again as case counts rise Supreme Court to hear GOP effort to reimpose Arizona voting restrictions MORE (R) at the ceremony, scheduled to take place at the Goldwater Air National Guard Base in Phoenix. Following the unveiling, it will be transferred to the Arizona Capitol, where it will be on display for the public to view. 

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Vice President Pence invoked Mueller on Wednesday as he touted what he described as President Trump’s foreign policy accomplishments in his debate against Democratic vice presidential nominee Kamala HarrisKamala HarrisFive takeaways from the vice presidential debate Harris accuses Trump of promoting voter suppression Pence targets Biden over ISIS hostages, brings family of executed aid worker to debate MORE. Mueller’s parents were Pence’s guests in the debate hall in Salt Lake City. 

Earlier on Wednesday, the Trump administration announced criminal charges against two alleged members of the cell that killed Muller. The “Beatles,” as they were known, faced a judge in a Virginia federal court. 

Mueller, a native of Prescott, Ariz., was a humanitarian worker who was abducted by ISIS in 2013 and killed in 2015. 

House panel urges intelligence community to step up science and technology efforts

A House Intelligence Committee subcommittee on Tuesday urged the intelligence community to take steps to boost its science and technology innovation work, warning that without improvements, the U.S. could fall behind other nations including China.

The Subcommittee on Strategic Technologies and Advanced Research issued a report recommending a series of steps to ensure the U.S. could keep pace on the international stage with technologies including quantum computing, 5G and artificial intelligence, but warned that there was no time to lose.

“We must act now,” the subcommittee wrote in the report. “Studies, reports and commissions have warned for decades about the risks to national security from the steady erosion in our innovative capacity. Those risks are no longer abstract or speculative. They are upon us and presenting us with ever more adversity and ever more limited policy options.”

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Recommendations included the reestablishment of the Office of Technology Assessment in the House of Representatives, a nonpartisan agency that provided guidance to Congress on technology-related legislation. It was closed in 1995 after the then-GOP controlled House cut its funding. 

Other recommendations include improving private sector collaboration, improving science and technology education to build a future workforce, establishing an Intelligence Innovation Board and strengthening and focusing science and technology leadership within the intelligence community. 

The subcommittee also stressed the need for the U.S. to lead on the establishment of norms and standards on science and technology, particularly in order to combat increasing cybersecurity threats, pointing to both foreign threats to U.S. elections and cyberattacks against major U.S. companies. 

“Because cyberattacks currently transcend the usual bounds of national security to threaten almost all aspects of modern life, the United States must create and promulgate globally accepted norms in the emerging technology arena,” the subcommittee wrote. 

The full House Intelligence Committee approved the report for public release by a voice vote.

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“Taken together, the threats facing our country — from an ascendant China and intractable Russia, to climate change and pandemics, to new disputes in space and cyberspace — are daunting, and require the Intelligence Community to be forward-thinking and pragmatic,” House Intelligence Committee Chairman Adam SchiffAdam Bennett SchiffHouse panel urges intelligence community to step up science and technology efforts Lawmakers introduce resolution condemning Azerbaijan, Turkey for conflict with Armenia Democrats gear up for clash with DHS over whistleblower case MORE (D-Calif.) said in a statement. “That’s why it’s absolutely critical that the IC develop common solutions rooted in technology and innovation. By making the right investments today — in people, programs and partnerships — we will strengthen our future security.”

Subcommittee Chairman Jim HimesJames (Jim) Andres HimesHouse panel urges intelligence community to step up science and technology efforts Hillicon Valley: House votes to condemn QAnon | Americans worried about foreign election interference | DHS confirms request to tap protester phones DHS official says he heard of request to extract information from protesters’ cellphones MORE (D-Conn.) said in a statement Tuesday that “in order to maintain dominance in technological advancement in the intelligence field and beyond, we need to leverage our greatest strengths as a nation.”

“There is no country on Earth that has more raw talent and entrepreneurial spirit across the private and public sectors than the United States,” Himes noted. “If we can make the investment now to harness that quintessentially American, innovative energy, and nurture an open and agile environment, we will continue to lead. But there’s no time to lose as our adversaries are nipping at our heels.”

The report is the second assessment issued by the overall House Intelligence Committee in the last week. A previous report issued last week found that the intelligence community was not equipped to face threats from China in the technological and political arenas, also potentially endangering national security. 

The report released Tuesday emphasized threats from China, noting that in order to compete, the U.S. needs to rethink its strategies. 

“Taken together, these recommendations suggest that the U.S. does not necessarily need to ‘beat China at its own game’ of more centrally directed, hierarchical, planned innovation,” the subcommittee wrote. “Instead, we need to do better in the distinctly American direction of openness, flexibility and agility.”

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Putin comments on Biden's 'sharp anti-Russian rhetoric'

Russian President Vladimir PutinVladimir Vladimirovich PutinTrump COVID-19 result raises pressure on Pompeo Preventing a foreign ‘October surprise’ while the president is quarantined Is it Macron — not Trump — who’s breaking the NATO alliance? MORE said Wednesday he’s noticed what he referred to as “anti-Russian rhetoric” from Democratic presidential nominee Joe BidenJoe BidenTrump and Biden’s plans would both add to the debt, analysis finds Trump says he will back specific relief measures hours after halting talks Chance the Rapper, Demi Lovato to play digital concert to encourage voting MORE

However, the Russian leader said he is still optimistic the two can work together if the former vice president wins the White House. 

“As far as the candidate from the Democratic Party is concerned … we also see quite sharp anti-Russian rhetoric. Unfortunately, we are used to this,” Putin said in an appearance on Russia state tv, according to a translation of his remarks from Reuters. 

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Putin added that Biden had made what he said were encouraging remarks regarding New START, a nuclear arms agreement between Washington and Moscow that is set to expire in February.

Talks with the Trump administration have yet to produce a deal for an extension, though the White House has said progress is being made. 

“Candidate Biden publicly said he was ready for an extension of New START or to reach a new treaty to limit strategic … weapons, and this is a very serious element of our cooperation in the future,” Putin said.

Biden has repeatedly railed against Putin on the campaign trail, casting him as a strongman who interfered in the 2016 presidential election and works against U.S. interests in Europe.

“I believe Russia is an opponent. I really do,” Biden said at a town hall last month. “And look, Putin’s overwhelming objective is to break up NATO, to fundamentally alter the circumstance in Europe so he doesn’t have to face an entire NATO contingent.”

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Biden more trusted than Trump to lead health care system: survey

More Americans trust Democratic presidential nominee Joe BidenJoe BidenFive takeaways from the vice presidential debate Harris accuses Trump of promoting voter suppression Pence targets Biden over ISIS hostages, brings family of executed aid worker to debate MORE than President TrumpDonald John TrumpFive takeaways from the vice presidential debate Harris accuses Trump of promoting voter suppression Pence targets Biden over ISIS hostages, brings family of executed aid worker to debate MORE to lead the nation’s health care system amid the coronavirus pandemic, according to a Gallup poll released Thursday.

Fifty-two percent of American adults surveyed told Gallup they trust the former vice president to lead the health care system most efficiently as the country battles COVID-19, compared with 39 percent who said the same of Trump. Another 9 percent chose “other candidate.”

The results are sharply split along party lines with 95 percent of Democrats trusting Biden and 88 percent of Republicans trusting Trump. Independents surveyed said they trust Biden more by a 47-40 margin.

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Women said they trust Biden more by a 58-32 split, while men narrowly trust Trump more by a 48-46 margin.

Biden has more trust among all age groups except those 45-64.

About two-thirds of adults said managing the coronavirus pandemic and reducing the cost of health care are the most or among the most important issues in determining their vote for president, while 45 percent said the same of lowering the cost of drugs. Democrats were markedly more likely than Republicans to say tackling the pandemic (94 percent to 41 percent) and reducing health care costs (81 percent to 52 percent) were important in their decisionmaking.

A 54 percent majority also says they trust Biden more to ensure racial equity in health care, compared with 38 percent who say the same of Trump. White Americans by a slim 46-45 margin trust Biden, while broader splits of Black Americans (84 percent to 9 percent) and Hispanics (60 percent to 31 percent) say they trust the vice president more to close racial gaps in the system.

The Gallup poll was conducted in the two days immediately after the first presidential debate on Sept. 29 but before Trump was diagnosed with COVID-19. 

Health care has emerged in polling as a top issue amid the coronavirus pandemic as the president touts his efforts to curb the outbreak and Biden says the White House bungled the response. 

The Gallup poll surveyed 1,518 adults Sept. 30-Oct. 1 and has a margin of error of plus or minus 3.2 percentage points.

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Harris, Pence spar over climate science, fracking, and the Green New Deal

Vice President Mike PenceMichael (Mike) Richard PencePence targets Biden over ISIS hostages, brings family of executed aid worker to debate Women cheer on Harris’s ‘I’m speaking’ response in debate: ‘I hope every little girl heard that’ Pence blasts Harris’s ‘non-answer’ on packing Supreme Court MORE and Sen. Kamala HarrisKamala HarrisFive takeaways from the vice presidential debate Harris accuses Trump of promoting voter suppression Pence targets Biden over ISIS hostages, brings family of executed aid worker to debate MORE (D-Calif.) sparred over their commitment to the science of climate change, with the vice president repeatedly falsely asserting a Biden administration plans to ban fracking and adopt the Green New Deal.

“The climate is changing. The issue is, what’s the cause and what do we do about it? President TrumpDonald John TrumpFive takeaways from the vice presidential debate Harris accuses Trump of promoting voter suppression Pence targets Biden over ISIS hostages, brings family of executed aid worker to debate MORE has made it clear that we’re going to continue to listen to science,” Pence said in response to a question about climate change.

Pence later said “climate alarmists” would try to use natural disasters like hurricanes and wildfires to try and sell the Green New Deal.

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The Biden campaign has charged the Trump administration with ignoring science on topics ranging from the coronavirus pandemic to climate change.

“When I first got to the Senate on the committee that’s responsible for the environment you know this administration took the word science off the website. And then took the phrase climate change off the website. We have seen a pattern with this administration which is they don’t believe in science,” Harris said.

She then pointed to a recent example in California, where President Trump, visiting the state to survey wildfire damage, said “I don’t think science knows, actually,” in reference to global warming.

Pence responded to Harris, repeatedly charging that a potential Biden-Harris administration would ban fracking and support the Green New Deal. Pence attacked Harris on these topics several times, even on questions not specifically related to climate change. 

“Now, Joe BidenJoe BidenFive takeaways from the vice presidential debate Harris accuses Trump of promoting voter suppression Pence targets Biden over ISIS hostages, brings family of executed aid worker to debate MORE and Kamala Harris would put us back in the Paris climate Accord they’d impose the Green New Deal, which would crush American energy, would increase the energy costs of American families in their homes, and literally would crush American jobs,” Pence said.

“The both of you repeatedly committed to abolishing fossil fuel and banning of fracking,” he added later said.

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Biden’s climate plan does not call for banning fracking or fossil fuels, something he reiterated in August in Pennsylvania, where this kind of drilling is used.

“I am not banning fracking,” Biden said. “Let me say that again: I am not banning fracking no matter how many times Donald Trump lies about me.” 

Harris also refuted Pence’s claims Biden would see a fracking ban.

“I will repeat, and the American people know that Joe Biden will not ban fracking, That is a fact. That is a fact,” Harris said, adding that Biden’s plan to transition to clean energy is embedded in his plan for economic recovery.

Biden’s plan would, however, bar any new oil drilling leases on public lands.

The issue of fracking has been a pressure point with progressive Democrats who want to transition away from fossil fuels. They see fracking as a risk to water quality. 

“Fracking is bad, actually,” Rep. Alexandria Ocasio-CortezAlexandria Ocasio-CortezHarris, Pence spar over climate science, fracking, and the Green New Deal Ocasio-Cortez responds to Harris on fracking: It’s ‘bad actually’ Trump’s successes, foreign and domestic, override his bluster and PR blunders MORE (D-N.Y.) tweeted during the debate.

Harris during the event Wednesday largely ignored Pence’s attacks on the Green New Deal.

Harris endorsed the Green New Deal during the Democratic primary and has introduced legislation to begin implementing certain aspects of the resolution. 

The Biden climate plan calls the Green New Deal a “crucial framework for meeting the climate challenges we face.”

His plan calls for transitioning the country to net-zero carbon emissions by 2050.

Hillicon Valley: Facebook to label posts if candidates prematurely declare victory | Supreme Court hears landmark $9B Google, Oracle copyright fight | House Dem accuses Ratcliffe of politicizing election security intel

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 team, Chris Mills Rodrigo (@chrisismills) and Rebecca Klar (@rebeccaklar_), for more coverage.

FACEBOOK TO LABEL PREMATURE VICTORY POSTS: Facebook will add labels to posts from candidates who prematurely declare victory in the November elections, the social media platform announced Wednesday.

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If a candidate or party claims to have won before the race is called by major news outlets, users will be shown a notification explaining that no winner has been determined and that votes are still being counted. The same information will be shown at the top of a user’s news feed.

In the event of a candidate or party contesting the results declared by news outlets, a label will be added showing the winner of the race according to the media.

Facebook also said it will stop running social issue, electoral and political ads in the U.S. after polls close on Nov. 3, a precaution that Google rolled out last month to preempt risks of misinformation being pushed through ads.

Facebook does not fact-check political ads.

Sarah Schiff, product manager at Facebook, told reporters Wednesday that advertisers should expect the ad freeze to last one week but that the length could change based on how the elections go.

The company last month announced it would block new political and issue ads in the final week leading up to the elections.

The platform will also ban posts calling for people to engage in poll watching that use militarized language or include a suggestion that the goal is to intimidate voters.

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Read more here.

 

GOOGLE, ORACLE GET THEIR DAY: The Supreme Court on Wednesday heard arguments in a $9 billion copyright infringement fight over Google’s unlicensed use of the popular Java software application to develop its Android platform.

The landmark case brought by Oracle, which owns Java, drew dozens of outside briefs from Silicon Valley, intellectual property experts and others with a stake in how the court resolves a dispute that could fundamentally reshape the legal contours of the tech industry.

Although the implications of the case are potentially sweeping, and could set a major new precedent regarding the Constitution’s promise to promote scientific innovation, the issues presented to the short-handed court were highly technical.

As the eight justices wrestled with the scope of Oracle’s legal rights over its Java code, they invoked a host of analogies — from a football team that seeks to stop a rival from swiping its playbook, to a chef’s interest in keeping secret the ingredients of a signature dish — as if to place the argument on a more familiar footing.

The tech industry has largely backed Google in this case, with rivals like Microsoft, IBM and Mozilla filing amicus briefs on its behalf. Google argued that ruling in Oracle’s favor would be devastating to developers who have come to rely on the assumption that software interfaces — like the code at issue here — can be reused lawfully.

Read more here.

 

DEM VOICES INTEL CONCERNS: Rep. Elissa SlotkinElissa SlotkinHillicon Valley: Facebook to label posts if candidates prematurely declare victory | Supreme Court hears landmark B Google, Oracle copyright fight | House Dem accuses Ratcliffe of politicizing election security intel House Democrat accuses Ratcliffe of politicizing election security intelligence Overnight Defense: Congress recommends nuclear arms treaty be extended | Dems warn Turkey | Military’s eighth COVID death identified MORE (D-Mich.) on Wednesday accused Director of National Intelligence John RatcliffeJohn Lee RatcliffeFormer Trump campaign adviser named to senior role at CIA: report Hillicon Valley: Facebook to label posts if candidates prematurely declare victory | Supreme Court hears landmark B Google, Oracle copyright fight | House Dem accuses Ratcliffe of politicizing election security intel House Democrat accuses Ratcliffe of politicizing election security intelligence MORE of politicizing election security intelligence on behalf of President TrumpDonald John TrumpFive takeaways from the vice presidential debate Harris accuses Trump of promoting voter suppression Pence targets Biden over ISIS hostages, brings family of executed aid worker to debate MORE and urged him to take a number of steps to improve transparency.

Slotkin, a former CIA officer and former special assistant to the director of national intelligence, pointed to serious concerns over Ratcliffe’s decision last month to declassify a letter citing unverified Russian intelligence that claimed former Secretary of State Hillary ClintonHillary Diane Rodham ClintonFive takeaways from the vice presidential debate Trump campaign dialing back ads in Midwest states: report Hillicon Valley: Facebook to label posts if candidates prematurely declare victory | Supreme Court hears landmark B Google, Oracle copyright fight | House Dem accuses Ratcliffe of politicizing election security intel MORE approved a plan to “stir up scandal” against President Trump during her 2016 presidential campaign.

“Recently, you declassified information—which the Intelligence Community cannot corroborate—as part of an apparent effort to undermine the past assessments of nonpolitical career intelligence analysts,” Slotkin wrote in a letter to Ratcliffe on Wednesday. “Press reports indicate that you released this information despite concerns from the leadership of both the Central Intelligence Agency and National Security Agency.”

Slotkin noted that “the uncorroborated claims, which you hastily briefed to Republican Senators on September 29, were subsequently repeated by the President during the first presidential debate in a further attack on the patriotic, hard-working women and men of the Intelligence Community which you lead.”

Ratcliffe and other intelligence officials have been involved in briefing members of Congress in recent months about election threats. One senior official at the Office of the Director of National Intelligence assessed in August that Russia, China, and Iran were actively interfering in U.S. elections. 

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Slotkin cited classified information on election security threats in sharply criticizing Ratcliffe and the Intelligence Community for “drawing false equivalency” between threats from the three countries, accusing Ratcliffe of “seeking to bolster a future case by President Trump, if he loses, that Chinese interference caused his loss.”

Read more here.

 

AMAZON UNDER FIRE: House Democrats on Wednesday called on Amazon to investigate and recall products that are reportedly causing hazardous situations for consumers. 

House Energy and Commerce Committee Chair Frank Pallone Jr. (D-N.J.) and Consumer Protection and Commerce Subcommittee Chair Jan SchakowskyJanice (Jan) Danoff SchakowskyHillicon Valley: Facebook to label posts if candidates prematurely declare victory | Supreme Court hears landmark B Google, Oracle copyright fight | House Dem accuses Ratcliffe of politicizing election security intel House Democrats urge Amazon to investigate, recall ‘defective’ products Congress must act to end US military aid to the Philippines MORE (D-Ill.) wrote to Amazon urging an investigation in light of a recent CNN report about AmazonBasics products exploding and starting fires. 

“The new concerns regarding Amazon’s own product line add to mounting questions about Amazon’s priorities and oversight of its sprawling platform,” the Democrats said in the letter

“We call on you to thoroughly investigate this matter, immediately issue recalls of defective products, and take comprehensive corrective action to protect your customers from all dangerous products on your platform, including those from your own private label brands.”

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Last month’s report from CNN cited at least 1,500 reviews, covering more than 70 items, that described products exploding, catching on fire, smoking, melting, causing electrical malfunctions or otherwise posing risks, since 2016. 

Pallone and Schakowsky called Amazon’s oversight of its own products “grossly inadequate.”

Read more here.

 

TIKTOK BAN HEARING SET: A hearing over the Trump administration’s attempt to ban the popular video-sharing app TikTok is set to be held one day after the upcoming presidential election, a federal judge said Tuesday. 

U.S. District Judge Carl Nichols said he would hold a hearing on Nov. 4 on whether to allow President Trump’s efforts to overhaul how the Chinese-owned platform operates in the U.S., Reuters reported

Nichols had issued a preliminary junction on Sept. 27 that temporarily blocked the Commerce Department from ordering app stores to remove TikTok, thereby preventing it from being downloaded by new users. 

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The November hearing is scheduled just days before the Commerce Department order’s Nov. 12 deadline that would completely ban the use of TikTok in the U.S. if a deal is not reached between the Trump administration and the company. 

Read more here.

 

Lighter click: Freeloading pups

An op-ed to chew on: Fixing government’s trillion-dollar system glitch

 

NOTABLE LINKS FROM AROUND THE WEB:

Distance learning shows how badly rural America needs broadband (The Verge / Monica Chin)

Leaked: Confidential Amazon memo reveals new software to track unions (Recode / Jason Del Rey and Shirin Ghaffary)

Pregnant Amazon Employees Speak Out About Nightmare at Oklahoma Warehouse (Motherboard / Lauren Kaori Gurley)

QAnon High Priest Was Just Trolling Away as a Citigroup Tech Executive (Bloomberg / William Turton and Joshua Brustein)

Chinese hackers suspected in cyber-espionage operation against Russia, India (CyberScoop / Shannon Vavra and Sean Lyngaas) 

Hackers exploit Trump’s COVID-19 diagnosis to spread a different kind of virus (CyberScoop / Tim Starks)

Hillicon Valley: CEOs of Google, Facebook and Twitter to testify before Senate | European Union police agency warns of increase in cybercrime | Twitter to remove posts hoping for Trump's death

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 team, Chris Mills Rodrigo (@chrisismills) and Rebecca Klar (@rebeccaklar_), for more coverage.

TECH CEOS TO TESTIFY: The CEOs of Google, Facebook and Twitter are set to testify before the Senate later this month, spokespeople for the companies confirmed to The Hill on Monday.

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The appearance before the Senate Commerce Committee will be the second time that top tech executives appear before Congress this year, following this summer’s major hearing before a House antitrust subcommittee.

Google’s Sundar Pichai, Facebook’s Mark ZuckerbergMark Elliot ZuckerbergHillicon Valley: CEOs of Google, Facebook and Twitter to testify before Senate | European Union police agency warns of increase in cybercrime | Twitter to remove posts hoping for Trump’s death CEOs of Google, Facebook and Twitter to testify before Senate Trump’s luck finally runs out MORE and Twitter’s Jack Dorsey will appear before the powerful Senate committee on Oct. 28, just days before the general election.

The hearing set to focus on Section 230 of the Communications Decency Act, which is considered the bedrock of the modern internet.

The 1996 law, which has come under increased scrutiny since President TrumpDonald John TrumpState Department revokes visa of Giuliani-linked Ukrainian ally: report White House Gift Shop selling ‘Trump Defeats COVID’ commemorative coin Biden says he should not have called Trump a clown in first debate MORE targeted it in an executive order in May, gives internet companies immunity from lawsuits for content posted on their sites by third parties and allows them to make “good faith” efforts to moderate content.

Read more here.

EUROPEANS SOUND THE ALARM: Euoropol, the European Union’s law enforcement agency, warns that cybercrime has spiked over the past year in large part due to the COVID-19 pandemic.

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Europol’s findings were detailed in its annual Internet Organized Crime Threat Assessment, released Monday. The assessment highlighted ransomware attacks, including those targeting health care organizations, as one of the most persistent cyber threats during the pandemic, including attacks involving hackers threatening to auction off data if a ransom is not paid.

The distribution of child abuse material online has also increased during the COVID-19 pandemic, including livestreaming of sexual abuse. Other concerns have involved SIM swapping, in which the hacker takes over a SIM card on the individual’s phone to intercept a two-factor authentication code, and the increased use of the dark web for criminal activities. 

“Ransomware in particular remains a priority threat encountered by cyber investigators across the EU,” Europol Executive Director Catherine De Bolle wrote in an introduction to the report. “The amount of online child sexual abuse material detected continues to increase, further exacerbated by the COVID-19 pandemic, which has had serious consequences for the investigative capacity of law enforcement authorities.”

Phishing emails and online scams have increased, with Europol noting that cyber criminals are increasingly targeting the vulnerable online during the pandemic, and that disinformation has become easier to spread during the period of uncertainty. 

Read more here. 

TWITTER REMOVING POSTS: Twitter warned Friday it will remove posts on its platform that wish for President Trump’s death after he announced he tested positive for COVID-19. 

After reports initially surfaced that Twitter would suspend accounts that posted such messages, the company said the tweets would not merit immediate suspension, but would be swiftly removed.

“[T]weets that wish or hope for death, serious bodily harm or fatal disease against *anyone* are not allowed and will need to be removed. this does not automatically mean suspension,” the platform tweeted from its communications account.

The warning came the same day as Trump’s announcement that he and first lady Melania TrumpMelania TrumpWhite House Gift Shop selling ‘Trump Defeats COVID’ commemorative coin Hillicon Valley: CEOs of Google, Facebook and Twitter to testify before Senate | European Union police agency warns of increase in cybercrime | Twitter to remove posts hoping for Trump’s death White House not contact tracing Rose Garden event considered possible ‘superspreader’: report MORE have tested positive for the virus, which has infected more than 7.3 million people in the U.S. and killed more than 208,000.

Social media was soon flooded with posts bashing Trump, though Democrats made several statements wishing the president well.

Read more here. 

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MCCABE BOWS OUT: Senate Judiciary Committee Chair Lindsey GrahamLindsey Olin GrahamHillicon Valley: CEOs of Google, Facebook and Twitter to testify before Senate | European Union police agency warns of increase in cybercrime | Twitter to remove posts hoping for Trump’s death VP debate to install plexiglass between Pence and Harris Senate leaves town for two weeks amid coronavirus outbreak MORE (R-S.C.) announced Monday the panel would postpone a hearing, originally scheduled for Tuesday, with former FBI Deputy Director Andrew McCabeAndrew George McCabeHillicon Valley: CEOs of Google, Facebook and Twitter to testify before Senate | European Union police agency warns of increase in cybercrime | Twitter to remove posts hoping for Trump’s death Graham officially schedules hearing on Trump’s Supreme Court pick to start Oct. 12 The Hill’s 12:30 Report: Trump eager to leave the hospital MORE.

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The news came after McCabe said Saturday that he would not appear at a hearing in front of the Judiciary Committee after two of its members tested positive for COVID-19.

McCabe was set to testify in front of the judiciary panel on Tuesday as part of its investigation into the origins of the FBI’s Russia probe but said he felt attending would be tantamount to putting his family at risk after Sens. Mike LeeMichael (Mike) Shumway LeeHillicon Valley: CEOs of Google, Facebook and Twitter to testify before Senate | European Union police agency warns of increase in cybercrime | Twitter to remove posts hoping for Trump’s death Republican COVID-19 outbreak rocks the 2020 race Fox’s Gillian Turner reveals testing positive for COVID-19 in September MORE (R-Utah) and Thom TillisThomas (Thom) Roland TillisHillicon Valley: CEOs of Google, Facebook and Twitter to testify before Senate | European Union police agency warns of increase in cybercrime | Twitter to remove posts hoping for Trump’s death Republican COVID-19 outbreak rocks the 2020 race Senate leaves town for two weeks amid coronavirus outbreak MORE (R-N.C.), who sit on the committee, tested positive. 

“Mr. McCabe was still prepared to testify voluntarily and in person on October 6 as recently as the latter part of this past week. However, since that time, it has been reported that at least two members of your Committee – Senators Mike Lee and Thom Tillis – have tested positive for Covid-19, and it may well be that other members of the Committee and staff who plan to attend the hearing will test positive between now and then, or may have been exposed to the virus and may be a carrier. Under these circumstances, an in-person hearing carries grave safety risks to Mr. McCabe, me, and senators and staff who would attend,” McCabe’s attorney wrote to Graham.

“Mr. McCabe is willing, able, and eager to testify in person about Crossfire Hurricane at any time in the future when it is safe to do so. But he is not willing to put his family’s health at risk to do so,” he continued. “For these reasons, we are unwilling to appear in person for the October 6 hearing; and for reasons of fairness, we are unwilling to testify remotely. A fair and appropriate hearing of this kind — which is complex and contentious — simply cannot be conducted other than in person.” 

Graham has been spearheading an investigation into the FBI’s Russia investigation and former special counsel Robert MuellerRobert (Bob) MuellerCNN’s Toobin warns McCabe is in ‘perilous condition’ with emboldened Trump CNN anchor rips Trump over Stone while evoking Clinton-Lynch tarmac meeting The Hill’s 12:30 Report: New Hampshire fallout MORE’s subsequent inquiry. The investigation is also looking into the courts created by the Foreign Intelligence Surveillance Act.

Read more here.  

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Lighter click: Wishing a swift recoveigh

An op-ed to chew on: Mars exploration: A driver of innovation and commerce

NOTABLE LINKS FROM AROUND THE WEB:

Want to fight online voting misinformation? A new study makes a case for targeting Trump tweets (The Verge / Adi Robertson)

Digital Piecework (Dissent Magazine / Veena Dubal)

GOP lawmaker: Democrats’ tech proposals will include ‘non-starters for conservatives’ (Politico / Cristiano Lima)

Facebook Says Government Breakup of Instagram, WhatsApp Would Be ‘Complete Nonstarter’ (Wall Street Journal / Jeff Horwitz)

Facebook Keeps Data Secret, Letting Conservative Bias Claims Persist (NPR / Bobby Allyn)

Kardashian West uses star power to pressure US on Armenia-Azerbaijan conflict

Reality television star and criminal justice reform advocate Kim Kardashian WestKimberly (Kim) Noel Kardashian WestTwitter mandates lawmakers, journalists to beef up passwords heading into election Twitter removes Kanye West tweet suggesting followers harass journalist Kanye West reportedly asked campaign staff to avoid ‘fornicating’ MORE is pushing for President TrumpDonald John TrumpFive takeaways from the vice presidential debate Harris accuses Trump of promoting voter suppression Pence targets Biden over ISIS hostages, brings family of executed aid worker to debate MORE to do more to support Armenia amid an outbreak of fierce fighting with its neighbor and decades-old adversary Azerbaijan.

The influential celebrity, who is of Armenian descent, is broadcasting to her hundreds of millions of social media followers to demand Congress condemn Azerbaijan as the instigator of the recent fighting and denounce Turkey for interfering in the conflict.

Kardashian West, who has a direct line to Trump’s son-in-law and senior adviser Jared KushnerJared Corey KushnerDoctors, White House staff offer conflicting messages on president’s health Trump’s COVID-19 case draws new attention to handling of pandemic Trump children call their father a ‘warrior’ amid COVID-19 diagnosis MORE, has the potential to push the administration to take a more active stance.

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Behind her efforts is the L.A.-based gastroenterologist, Emmy-nominated film producer and human rights advocate Eric Esrailian, who has been drafting statements for Kardashian West, her famous family members and other high-profile celebrities of Armenian descent calling for more support to Yerevan, the capital of Armenia.

“The situation currently with a lack of appropriate international attention is frustrating for a lot of people,” Esrailian, who was a producer on the 2017 film “The Promise,” about the Armenian genocide, said in an interview with The Hill. 

“What I’ve done with my friends, like Kim KardashianKimberly (Kim) Noel Kardashian WestTwitter mandates lawmakers, journalists to beef up passwords heading into election Twitter removes Kanye West tweet suggesting followers harass journalist Kanye West reportedly asked campaign staff to avoid ‘fornicating’ MORE, her family, her siblings, and other friends like Cher, Serj Tankian, Alexis Ohanian, all of us — obviously they have a bigger platform than I do, but I have the ability to pull everybody together … and I feel honored that everybody cares and they basically say, ‘what can I do?’ “

Yet regional experts fear Kardashian West’s high-profile involvement could tip the scales of the U.S.’s historically neutral role in the conflict, which for 30 years has been a co-mediator along with France and Russia under the auspices of the Minsk Group, part of the Organization for Security and Cooperation in Europe.

The group was formed in 1994 to quell years of devastating conflict between Armenia and Azerbaijan, which erupted in the late 1980s in anticipation of the fall of the Soviet Union.

Yet caught in the middle and left unresolved for over three decades is the contested area of Nagorno-Karabakh, which falls within the borders of Azerbaijan but is controlled by the majority ethnic Armenian population, which refers to the area as Artsakh.

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The territory has long been punctuated by outbursts of fighting. But the latest violence, which erupted on Sept. 27, is being viewed as a premeditated attack by Azeri forces, and supported by Turkey, to reclaim Nagorno-Karabakh. 

While Trump and administration officials have joined in statements calling for an immediate ceasefire and National Security Council and State Department officials have spoken with their counterparts in Yerevan and Baku, the capital of Azerbaijan, the international community has largely viewed the U.S. as absent from efforts to calm tensions in the region.

European Union foreign policy chief Josep Borrell said on Wednesday that the “Americans are withdrawing and Turkey is taking a stronger, much more assertive position.”

The Armenian American community — which numbers around 1.5 million in the U.S. — have launched a pressure campaign to push Congress to support Armenia in the face of what is being described as a belligerent attack from the autocratic government of Azerbaijan and backed by a rogue Turkey.

“I would not ask all of my friends, in all of our positions, to use the language that we’ve been using if there was even a one percent chance that Armenia had started these hostilities,” said Esrailian, who is leading the celebrity advocacy campaign.

One social media post by Kardashian West called on the public to urge Congress and the White House to pressure Baku to cease hostilities, cut off all U.S. military aid to Azerbaijan being used against Armenians and warn Turkey to stop sending arms and fighters to Baku. 

Kardashian West’s position on this issue lends a highly influential voice. On Sept. 29 she shared on social media a link to the advocacy group the Armenian National Committee of America (ANCA), nearly overloading their systems.

“We may operate on any given day in the tens of thousands, or maybe hundreds of thousands [of web visitors],” said Aram Hamparian, the executive director of ANCA. “But she had us into the tens of hundreds of millions, it was a good problem.”

By Oct. 1, bipartisan House lawmakers had introduced a resolution condemning Azerbaijan for the aggression of hostilities and denouncing Turkey’s interference.

The resolution was accompanied by a letter to Secretary of State Mike PompeoMichael (Mike) Richard PompeoWhite House adviser says troops in Afghanistan to be reduced to 2,500 in 2021 Senators push for Turkey sanctions after reports Ankara used Russian system to detect US-made jets The four presidential prospects need to unite against China MORE from House lawmakers that condemned Azerbaijan as the aggressor and called for leveraging U.S. military aid to Baku to achieve a cease-fire.

A separate letter from Senate Democrats to Pompeo called for more “senior level engagement” to bring about a cease-fire and suspend all security assistance to Azerbaijan.

Fiona Hill, senior fellow with the Brookings Institution and Trump’s former national security adviser on Russia and Europe, said the “United States is missing in action” on Nagorno-Karabakh, and warned that high profile advocacy by Kardashian West may further discredit the U.S.’s historic role as a mediator.

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“Given the large Armenian diaspora here and the president’s — I’ll just say right out — the president’s personal relationship with Kim Kardashian who has been tweeting about Armenia — she’s probably one of the most famous Armenians in United States culture, Cher is another, there are more because we have such a large Armenian diaspora — that is not a good sign for playing a neutral role here in which we had previously,” she said during a virtual roundtable hosted by Brookings.

“And the United States has very close relationships in the past with Azerbaijan. So you can already see the consequences of us missing in action.”

Kardashian West’s relationship with Trump and Kushner goes back to 2018 when she successfully lobbied the president to commute the sentence of Alice Johnson, a mother and grandmother who was serving a life sentence for a first-time, nonviolent drug offense.

The effort was born out of social media advocacy. Kardashian West has said she was moved to advocate for Johnson’s freedom after viewing a viral video produced by the digital media company Mic.

Her effort to free Johnson, and her direct phone calls with Kushner, were documented on her reality show “Keeping Up with the Kardashians.”

Since then, both Kardashian West and Johnson have worked with the president on criminal justice reform and have served as spokespeople for the administration’s efforts. Trump has touted his actions in an appeal to African American voters in a convergence of reality television celebrity and policy action.

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Kardashian West and Johnson were most recently seen at the White House together in a March meeting with Kushner and Ivanka TrumpIvana (Ivanka) Marie TrumpAide says Trump campaign doesn’t want remote debates Doctors, White House staff offer conflicting messages on president’s health Trump’s COVID-19 case draws new attention to handling of pandemic MORE and advocating for imprisoned women.

It’s unclear if Kardashian West has been in direct contact with the White House recently over the issue with Armenia and Azerbaijan. The White House did not respond to a request for comment from The Hill.

A representative for Kardashian West said the star would continue to post her comments and messaging about the situation in Armenia on social media.

Kardashian West has long been a public force advocating for positive relations with Armenia, highlighting her heritage on her reality show and documenting visits to the country, including meeting with Armenia’s Prime Minister Nikol Pashinyan in October 2019.  

In December, she posted to her millions of followers on Instagram — she now has 189 million followers and 66.9 million followers on Twitter — urging them to support a Senate resolution recognizing the Armenian genocide, which later passed by unanimous consent.

Esrailian, who was also part of the effort to raise awareness to pressure Congress to pass the resolution, said he knows “the White House is busy,” when asked how he felt about its engagement on Nagorno-Karabakh so far.

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“I’m sure it’s not the highest priority on the White House to-do list, but realistically it’s a slippery slope,” he said, pointing to reported human rights violations by Azeri forces on Armenians living in Nagorno-Karabakh.

The international community has refrained from assigning blame or allegations of human rights violations against either side, but has raised concern about the targeting of populated areas and discouraged external actors.

Both France and Russia have said that Turkey has sent Syrian mercenaries to the front line on the side of Baku, a charge that Ankara denies. And the International Crisis Group has said Artsakh forces have mainly fought on the defensive.

At least 19 civilians are known to have been killed in the fighting, according to the Armenian Foreign Ministry, and officials have said that Azerbaijan is targeting civilian areas with cluster bombs and missiles.

“Allowing people to behave with impunity, particularly committing human rights violations attacking civilians, using cluster munitions, using foreign mercenaries, there’s a lot of things at play,” Esrailian said.

“We’re just getting started. If this doesn’t resolve quickly then I guarantee we’re going to make it a world story.” 

— Updated at 9 a.m.

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Trump pick noncommittal on recusing from election-related cases

Judge Amy Coney Barrett, President TrumpDonald John TrumpFive takeaways from the vice presidential debate Harris accuses Trump of promoting voter suppression Pence targets Biden over ISIS hostages, brings family of executed aid worker to debate MORE‘s Supreme Court pick, did not commit to recusing herself from election-related cases if she is confirmed, according to a Democratic senator who spoke with her Wednesday. 

Sen. Chris CoonsChristopher (Chris) Andrew CoonsTrump pick noncommittal on recusing from election-related cases Americans want to serve — it’s up to us to give them the chance GOP Sen. Thom Tillis tests positive for coronavirus MORE (D-Del.), a member of the Judiciary Committee tasked with weighing the judge’s nomination, said Barrett sidestepped giving a direct answer on the issue. The topic is all but guaranteed to come up again during next week’s days-long confirmation hearings.

“I specifically asked her whether she would recuse herself from any election-related case because President Trump has publicly said that he wants her seated on the Supreme Court in time for the election so she can rule on any dispute,” Coons told reporters.

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“She made no commitment to recusal. She went through what the factors are for recusal, and said … essentially that it would depend on the circumstances for any judge to make any recusal decision. And she wouldn’t make some commitment to that ahead of the time that it might be in front of her,” he added.

A White House spokesman defended Barrett’s answer to Coons.

“Asking the nominee to pre-judge or promise a decision on a case — including the decision to take the case at all — violates the bedrock constitutional principle of judicial independence,” White House spokesman Judd Deere told CNN.

The Democratic senator noted that he raised Bush v. Gore during his conversation with Barrett. The controversial 2000 Supreme Court decision ended a Florida recount and ultimately decided the outcome of that year’s presidential election. Coons said that he and Barrett have “a different view of that case.”

Coons was one of six Democratic senators who Barrett spoke with over the phone Wednesday ahead of her Judiciary Committee hearing, which is scheduled to start Monday.

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Barrett also spoke with Sen. Dianne FeinsteinDianne Emiel FeinsteinHarris: ‘Insulting’ to suggest she or Biden would attack someone for their faith Trump pick noncommittal on recusing from election-related cases Amy Coney Barrett is brilliant; her ascent to the Supreme Court is not MORE (Calif.), the top Democrat on the Judiciary panel, as well as Democratic Sens. Patrick LeahyPatrick Joseph LeahyTrump pick noncommittal on recusing from election-related cases Manchin becomes first Democrat to meet with Trump’s Supreme Court pick Comey defends FBI Russia probe from GOP criticism MORE (Vt.), Dick DurbinRichard (Dick) Joseph DurbinTrump pick noncommittal on recusing from election-related cases Dems to focus on issues, not character, at Barrett hearings The cost of being a faithful citizen MORE (Ill.), Sheldon WhitehouseSheldon WhitehouseTrump pick noncommittal on recusing from election-related cases Amy Coney Barrett is brilliant; her ascent to the Supreme Court is not Dems to focus on issues, not character, at Barrett hearings MORE (R.I.) and Amy KlobucharAmy KlobucharTrump pick noncommittal on recusing from election-related cases Top Democrats introduce resolution calling for mask mandate, testing program in Senate Amy Coney Barrett is brilliant; her ascent to the Supreme Court is not MORE (Minn.), who are each on the committee, according to a list released from the White House and confirmations from Senate offices.

She also spoke last week with Sen. Cory BookerCory Anthony BookerTrump pick noncommittal on recusing from election-related cases Debate is Harris’s turn at bat, but will she score? Booker calls Pence ‘a formidable debater’ ahead of VP debate MORE (D-N.J.), another member of the committee, the Democratic senator’s office confirmed.

“During these calls, the judge emphasized the importance of judicial independence and spoke about her judicial philosophy and family. Judge Barrett is looking forward to her upcoming hearing on Oct. 12,” Deere said.

Whitehouse, according to a readout from his office, also talked to Barrett about “his concerns about dark-money influence around the Supreme Court, which he called ‘the scheme around the Court,’ ” including the Federalist Society, Judicial Crisis Network and other groups with anonymous donors.

But the issue of whether Barrett would recuse herself is expected to be brought up by Democrats as part of two days of questions allowed under the Judiciary Committee’s timeline.

Several Democrats on the committee, including Leahy, Booker and Coons, have suggested they will ask Barrett during the hearing about recusing herself after Trump publicly said he wanted Barrett on the bench in case the outcome of the November election ends up at the country’s highest court.

If confirmed, Barrett would become the third judge appointed to the high court by Trump, following Neil GorsuchNeil GorsuchTrump pick noncommittal on recusing from election-related cases Supreme Court hears landmark B copyright fight between Oracle, Google Amy Coney Barrett is brilliant; her ascent to the Supreme Court is not MORE and Brett KavanaughBrett Michael KavanaughTrump pick noncommittal on recusing from election-related cases Debate is Harris’s turn at bat, but will she score? Amy Coney Barrett is brilliant; her ascent to the Supreme Court is not MORE.

“I think this [election] will end up in the Supreme Court, and I think it’s very important that we have nine justices,” Trump told reporters late last month.

Barrett provided some details about when she would automatically recuse herself as part of her Judiciary Committee questionnaire that was released late last month.

According to the document, Barrett said she would recuse herself from cases involving her husband or her sister, both attorneys; cases involving Notre Dame University, where she was a law professor; or matters that she participated in while serving as a judge on the U.S. Court of Appeals for the 7th Circuit.

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