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Federal policy on technology, privacy, and cybersecurity, 2017-2018

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This page tracked major events and policy positions of the Trump administration and the 115th United States Congress on technology, privacy, and cybersecurity from 2017 and 2018.

During President Donald Trump's time in office, the Federal Communications Commission (FCC) published an order in the Federal Register repealing and replacing net neutrality rules instituted during the Obama administration, Trump signed a renewal of the National Security Agency’s (NSA) surveillance program and a bill to prevent online sex trafficking, and he issued an executive order to promote access to broadband Internet service in rural areas.

Click on the timeline below to learn more about each headline.

Policy highlight: Net neutrality

See also: Net neutrality responses by state

May 16, 2018: Senate votes to restore net neutrality

On May 16, 2018, the Senate voted 52-47 to reverse the Federal Communications Commission's decision to repeal the 2015 Open Internet Order, which prohibited internet service providers from blocking or slowing web traffic or providing paid internet fast lanes. Three Republicans—Sens. Susan Collins (Maine), John Kennedy (La.), and Lisa Murkowski (Alaska)—joined 47 Democrats and two independents to approve the bill. The bill then went to the House, where it was held at the desk on May 16, 2018.[1][2][3][4]

May 10, 2018: Net neutrality rules formally end in June

On May 10, 2018, the Federal Communications Commission (FCC) announced that net neutrality rules would formally end on June 11, 2018.[5]

FCC Chairman Ajit Pai issued the following statement, “On June 11, we will have a framework in place that encourages innovation and investment in our nation’s networks so that all Americans, no matter where they live, can have access to better, cheaper, and faster Internet access and the jobs, opportunities, and platform for free expression that it provides. And we will embrace a modern, forward-looking approach that will help the United States lead the world in 5G, the next generation of wireless connectivity. For months, many politicians and special interests have tried to mislead the American people about the Restoring Internet Freedom Order. Now everyone will be able to see the truth for themselves.”[6]

FCC Commissioner Jessica Rosenworcel criticized the announcement, saying in a statement, "Today, the FCC gave notice that net neutrality protections will be taken off the books on June 11. This is profoundly disappointing. The agency failed to listen to the American public and gave short shrift to their deeply held belief that internet openness should remain the law of the land. The agency turned a blind eye to serious problems in its process—from Russian intervention to fake comments to stolen identities in its files. The FCC is on the wrong side of history, the wrong side of the law, and the wrong side of the American people. It deserves to have its handiwork revisited, reexamined, and ultimately reversed. I raised my voice to fight for internet freedom. I’ll keep raising a ruckus to support net neutrality and I hope others will too.”[7]

February 22, 2018: FCC publishes order repealing net neutrality rules

On February 22, 2018, the Federal Communications Commission (FCC) published an order in the Federal Register repealing and replacing the 2015 Open Internet Order. Some elements of the rules, titled Restoring Internet Freedom, took effect on April 23, 2018. The full order repealing all of the 2015 net neutrality rules took effect on June 11, 2018.[8][9][10][5]

Instituted during the Obama administration, the 2015 Open Internet Order, also referred to as net neutrality rules, considered internet service providers (ISPs) a public utility and they were regulated like gas, water, electric, and phone service companies. ISPs were prohibited from blocking or slowing web traffic or providing paid internet fast lanes. Under the 2018 rules, ISPs would not be regulated as a public utility. ISPs would have to disclose their practices, and the FCC and Federal Trade Commission would investigate any anti-competitive behavior.[11]

December 14, 2017: FCC votes to repeal net neutrality rules

On December 14, 2017, the Federal Communications Commission (FCC) voted 3-2, along party lines, to repeal net neutrality rules instituted during the Obama administration.[12][13]

Republican FCC Chairman Ajit Pai said that the new rules would allow consumers to know what they were getting from their internet service providers (ISPs). According to The Wall Street Journal, under Pai’s plan, “[A] buyer of a monthly cellphone plan would be able to find out if access to a particular streaming-movie service is prioritized over other traffic from a rival service. His plan envisions enforcement of that transparency by both the FCC and the Federal Trade Commission, whose mission is consumer protection against anticompetitive and deceptive behaviors.”[14]

Jessica Rosenworcel, a Democrat on the FCC who voted against the repeal, criticized the plan, saying, "As a result of today’s misguided action, our broadband providers will get extraordinary new power from this agency. They will have the power to block websites, throttle services, and censor online content. They will have the right to discriminate and favor the internet traffic of those companies with whom they have pay-for- play arrangements and the right to consign all others to a slow and bumpy road.”[15]

The Republican members of the commission—Pai, Michael O’Rielly, and Brendan Carr—voted for the new rules, while the Democratic members—Rosenworcel and Mignon Clyburn—voted to keep the 2015 rules.[15][14]

October 25, 2018: Trump issues presidential memorandum preparing for 5G wireless networks

On October 25, 2018, President Donald Trump issued a presidential memorandum, titled "Developing a Sustainable Spectrum Strategy for America's Future," aimed at preparing a national strategy to facilitate the introduction of next-generation 5G wireless networks.[16][17]

The order required federal agencies to report their anticipated future spectrum requirements to the U.S. Department of Commerce (DOC) within 180 days. The DOC secretary was also required to report to the president on the status of existing and planned spectrum repurposing initiatives within the same timeframe. By July 2019, the DOC secretary was required to develop and submit a National Spectrum Strategy featuring legislative, regulatory, or policy recommendations to facilitate the transition to 5G technology. Lastly, the memorandum established the White House Spectrum Strategy Task Force charged with coordinating the implementation of its provisions.[16][17]

Trump’s memorandum rescinded two of President Barack Obama’s prior memoranda on spectrum initiatives: "Unleashing the Wireless Broadband Revolution” (2010) and "Expanding America's Leadership in Wireless Innovation” (2013).[16][17]

August 15, 2018: Trump signs order rescinding Obama-era rules on cyberattacks

On August 15, 2018, President Donald Trump (R) signed an order rescinding Presidential Policy Directive 20 (PPD-20), a measure approved by former President Barack Obama (D) that required coordination between multiple federal agencies before permitting military officials to conduct certain cyber operations. At that time, White House staff declined to comment on what policy had replaced PPD-20. In an interview with Politico, an anonymous official said that there had been dissatisfiaction with the Obama-era policy on cyberattacks: "There's a large degree of unhappiness in [the Department of Defense] and in Cyber Command with the interagency process and the structure set up by PPD-20 to approve offensive cyber operations. [The rescinsion of PPD-20 is] not so much to let Cyber Command off the leash as to let Cyber Command act like any other combatant commander." An anonymous Department of Defense cyber official said that other federal agencies should still be involved in the process: "There still need to be checks and balances, given that the internet is a broader ecosystem of which the military is only one actor."[18][19]

April 11, 2018: Trump signs online sex trafficking bill

On April 11, 2018, President Donald Trump signed HR 1865—the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (FOSTA)—into law. The law, which included language from the Senate’s version of the bill—the Stop Enabling Sex Traffickers Act of 2017 (SESTA)—amended section 230 of the Communications Act of 1934 to make it easier for victims of online sex trafficking to take legal action against websites for facilitating the crime. The law allows victims to seek damages from websites that facilitate sex trafficking and increases fines and prison terms for individuals who promote or facilitate sex trafficking online.[20][21]

The bill passed the House by a vote of 388-25 on February 27, 2018. It passed the Senate by a vote of 97-2 on March 21, 2018. Sens. Rand Paul (R-Ky.) and Ron Wyden (D-Ore.) were the only senators who voted against the bill.[22][23]

Supporters of the bill said that the law would help prevent online sex trafficking and give victims legal recourse. Rep. Ann Wagner (R-Mo.), the bill’s sponsor, said, “Online trafficking is flourishing because there are no serious legal consequences for the websites that profit. This…package will finally give prosecutors the tools they need” to protect communities and help victims obtain justice. Sen. Richard Blumenthal (D-Conn.) said that federal immunity protections for websites were “never intended to immunize completely those websites so they could knowingly facilitate sex trafficking.” He added that the legislation would “give survivors their day in court.”[24][25]

Opponents of the bill said that it could harm free speech online and hurt small internet companies. Sen. Ron Wyden (D-Ore.) criticized the legislation, saying, "In the absence of Section 230, the internet as we know it would shrivel. Only the platforms run by those with deep pockets, and an even deeper bench of lawyers, would be able to make it."[26]

March 30, 2018: Trump administration gives states $380 million to upgrade voting technology

On March 30, 2018, the Trump administration gave $380 million to the states to upgrade and secure their voting technology. The funding was included in the $1.3 trillion spending bill signed into law by President Donald Trump on March 23, 2018. According to the U.S. Election Assistance Commission, California received more than $36 million, the largest award. American Samoa, Guam, and the U.S. Virgin Islands each received $600,000, the smallest awards. A full list of how much funding each state received can be viewed here.[27]

February 20, 2018: DOJ announces formation of Cyber-Digital Task Force

On February 20, 2018, the U.S. Department of Justice (DOJ) announced the formation of the Cyber-Digital Task Force to "canvass the many ways that the Department is combatting the global cyber threat, and will also identify how federal law enforcement can more effectively accomplish its mission in this vital and evolving area."[28]

Commenting on the task force, Attorney General Jeff Sessions said, “The Internet has given us amazing new tools that help us work, communicate, and participate in our economy, but these tools can also be exploited by criminals, terrorists, and enemy governments. At the Department of Justice, we take these threats seriously. That is why today I am ordering the creation of a Cyber-Digital Task Force to advise me on the most effective ways that this Department can confront these threats and keep the American people safe.”[28]

According to a press release from the DOJ, the task force would "prioritize its study of efforts to interfere with our elections; efforts to interfere with our critical infrastructure; the use of the Internet to spread violent ideologies and to recruit followers; the mass theft of corporate, governmental, and private information; the use of technology to avoid or frustrate law enforcement; and the mass exploitation of computers and other digital devices to attack American citizens and businesses."[28]

January 19, 2018: Trump signs FISA into law

On January 19, 2018, President Donald Trump signed legislation that renewed the National Security Agency’s (NSA) warrantless surveillance program for six years into law. In a statement, he said, "Section 702 of Title VII allows the Intelligence Community, under a robust regime of oversight by all three branches of Government, to collect critical intelligence on international terrorists, weapons proliferators, and other important foreign intelligence targets located outside the United States. This intelligence is vital to keeping the Nation safe. As shown by the recent attacks in New York City and elsewhere around the globe, we face a constant threat from foreign terrorist networks and other foreign actors who would do us harm. In order to detect and prevent attacks before they happen, we must be able to intercept the communications of foreign targets who are reasonably believed to possess foreign intelligence information. Section 702 provides the necessary authority, and it has proven to be among the Nation’s most effective foreign intelligence tools. It has enabled our Intelligence Community to disrupt numerous plots against our citizens at home and our warfighters abroad, and it has unquestionably saved American lives. The Act I have signed today preserves and extends this critically important national security tool."[29]

January 18, 2018: Congress renews NSA’s surveillance program

On January 18, 2018, Congress sent a measure that renewed the National Security Agency’s (NSA) warrantless surveillance program for six years to Trump's desk for his signature. The legislation passed by a vote of 256-164 in the House on January 11, 2018. It passed the Senate by a vote of 65-34 on January 18, 2018.[30]

Section 702 of the Foreign Intelligence Surveillance Amendments Act of 2008 authorizes the intelligence community to collect the communications, including text messages and emails, of non-U.S. citizens located outside of the United States without a warrant for intelligence purposes. Information can be collected without a warrant in the event that a non-U.S. citizen communicates with a U.S. citizen, which opponents of Section 702 said is a violation of Fourth Amendment protections. Supporters of 702, including the intelligence community, said it was an effective tool for identifying and stopping acts of terror.[31][32]

Before the vote in the Senate, Sen. Martin Heinrich (D-N.M.) asked senators to spend more time debating the legislation, saying, "The American people deserve better than the legislation before us. ...The American people deserve better than warrantless wiretapping... [We should] consider the gravity of the issues at hand and to oppose reauthorization until we can have a real opportunity for debate and reform."[33]

Senate Majority Leader Mitch McConnell (R-Ky.) said that the FISA program was "one of the most important tools" for national security officials. He asked his colleagues to vote for renewal, adding, "The men and women we trust to protect this country say this capability is essential to their missions. They tell us that is has saved American lives. That is why we cannot let this capability lapse. The world remains dangerous."[33]

Before the final vote in the House, the lower chamber rejected an amendment to the legislation that was introduced by Rep. Justin Amash (R-Mich.) by a vote of 183-233. It proposed requiring federal law enforcement agencies to obtain warrants before being able to search the NSA's database of communications collected under the Section 702 programs.[34]

January 8, 2018: Trump issues executive order to promote access to broadband Internet service in rural areas

On January 8, 2018, President Donald Trump signed an executive order aimed at promoting the expansion of broadband internet in rural areas. The order directed various federal agencies to "seek to reduce barriers to capital investment, remove obstacles to broadband services, and more efficiently employ Government resources."[35]

It also stated the executive branch would "continue its implementation of section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (Public Law 112-96)(section 6409), which requires, among other things, that the General Services Administration (GSA) develop a common form and master contract for wireless facility sitings on buildings and other property owned by the Federal Government. These documents enable the Federal Government to process wireless facility siting requests more efficiently and will also provide additional predictability regarding the availability of locations for asset installation to installers of wireless broadband facilities."[35]

Below is the full text of the order.[35]

Streamlining and Expediting Requests to Locate Broadband Facilities in Rural America

“ STREAMLINING AND EXPEDITING REQUESTS TO LOCATE BROADBAND FACILITIES IN RURAL AMERICA

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to promote better access to broadband internet service in rural America, it is hereby ordered as follows:

Section 1. Policy. Americans need access to reliable, affordable broadband internet service to succeed in today’s information-driven, global economy. Currently, too many American citizens and businesses still lack access to this basic tool of modern economic connectivity. This problem is particularly acute in rural America, and it hinders the ability of rural American communities to increase economic prosperity; attract new businesses; enhance job growth; extend the reach of affordable, high-quality healthcare; enrich student learning with digital tools; and facilitate access to the digital marketplace.

It shall therefore be the policy of the executive branch to use all viable tools to accelerate the deployment and adoption of affordable, reliable, modern high-speed broadband connectivity in rural America, including rural homes, farms, small businesses, manufacturing and production sites, tribal communities, transportation systems, and healthcare and education facilities.

To implement this policy and enable sustainable rural broadband infrastructure projects, executive departments and agencies (agencies) should seek to reduce barriers to capital investment, remove obstacles to broadband services, and more efficiently employ Government resources. Among other actions, the executive branch will continue its implementation of section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (Public Law 112-96)(“section 6409”), which requires, among other things, that the General Services Administration (GSA) develop a common form and master contract for wireless facility sitings on buildings and other property owned by the Federal Government. These documents enable the Federal Government to process wireless facility siting requests more efficiently and will also provide additional predictability regarding the availability of locations for asset installation to installers of wireless broadband facilities.

Sec. 2. Reviewing Requests to Locate Broadband Facilities on Federal Real Property. (a) Within 180 days of the date of this order, the Administrator of General Services (Administrator), in coordination with the heads of Federal property managing agencies, shall evaluate the effectiveness of the GSA Common Form Application for use in streamlining and expediting the processing and review of requests to locate broadband facilities on Federal real property.

(b) As part of this evaluation, the Administrator shall determine whether any revisions to the GSA Common Form Application are appropriate and, to the extent consistent with law, shall begin implementation of any such revisions.

(c) In furtherance of section 6409, all applicants and Federal property managing agencies shall use the GSA Common Form Application for wireless service antenna structure siting developed by the Administrator for requests to locate broadband facilities on Federal property. Federal property managing agencies shall expeditiously review and approve such requests unless an approval would negatively affect performance of the agency’s mission or otherwise not be in the best interests of the United States.

(d) Within 180 days of the date of this order, and on a quarterly basis thereafter, all Federal property managing agencies shall report to the GSA regarding their required use of the Common Form Application, the number of Common Form Applications received, the percentage approved, the percentage rejected, the basis for any rejection, and the number of working days each application was pending before being approved or rejected. Each report shall include the number of applications received, approved, and rejected within the preceding quarter.

(e) Ninety days after the date of this order, and on a quarterly basis thereafter, the Administrator shall prepare and provide to the Director of the Office of Management and Budget (Director) an aggregated summary report detailing results from the reports submitted under subsection (d) of this section. Not later than 1 year from the date of this order, the Administrator shall recommend to the Director improvements to the Common Form Application needed to further the purposes of this order.

Sec. 3. Definitions. As used in this order: (a) The term “Federal property managing agencies” means agencies that have custody and control of, or responsibility for managing, Federal lands, buildings, and rights of way, federally assisted highways, and tribal lands.

(b) The term “Federal real property” has the same meaning as that term has in Executive Order 13327 of February 4, 2004 (Federal Real Property Asset Management). Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.[36]

”
—DONALD J. TRUMP

See also

External links

Footnotes

  1. ↑ Congress.gov, "S.J.Res.52 - A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Federal Communications Commission relating to 'Restoring Internet Freedom'." accessed May 17, 2018
  2. ↑ Senate.gov, "On the Joint Resolution (S. J. Res. 52)," May 16, 2018
  3. ↑ The Wall Street Journal, "Senate Votes to Reinstate Obama-Era Net Neutrality Rules," May 16, 2018
  4. ↑ Congress.gov, "S.J.Res.52 - A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Federal Communications Commission relating to "Restoring Internet Freedom"," accessed April 2, 2019
  5. ↑ 5.0 5.1 Reuters, "U.S. 'net neutrality' rules will expire on June 11: FCC," May 10, 2018
  6. ↑ FCC.gov, "Chairman Pai Statement On Restoring Internet Freedom Order Taking Effect," May 10, 2018
  7. ↑ FCC.gov, "Statement Of Commissioner Jessica Rosenworcel On Tomorrow’S Federal Register Publication Of The End Of Net Neutrality," May 10, 2018
  8. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named techcrunchnn
  9. ↑ Federal Register, "Restoring Internet Freedom," February 22, 2018
  10. ↑ Mashable, "Net neutrality is all but dead. Here's what happens now." April 23, 2018
  11. ↑ ABC News, "What is net neutrality?" December 11, 2017
  12. ↑ Politico, "FCC votes to repeal net neutrality rules," December 14, 2017
  13. ↑ ABC News, "What is net neutrality?" December 11, 2017
  14. ↑ 14.0 14.1 The Wall Street Journal, "FCC Votes to Dismantle Net-Neutrality Rules," December 14, 2017
  15. ↑ 15.0 15.1 The Hill, "FCC votes to repeal net neutrality rules," December 14, 2017
  16. ↑ 16.0 16.1 16.2 Reuters, "Trump signs order to set U.S. spectrum strategy as 5G race looms," October 25, 2018
  17. ↑ 17.0 17.1 17.2 Federal Register, "Developing a Sustainable Spectrum Strategy for America's Future," October 25, 2018
  18. ↑ Politico, "Trump scraps Obama rules on cyberattacks, giving military freer hand," August 16, 2018
  19. ↑ The Wall Street Journal, "Trump, Seeking to Relax Rules on U.S. Cyberattacks, Reverses Obama Directive," August 15, 2018
  20. ↑ Congress.gov, "H.R.1865 - Allow States and Victims to Fight Online Sex Trafficking Act of 2017," accessed April 11, 2018
  21. ↑ WhiteHouse.gov, "By Signing The Allow States And Victims To Fight Online Sex Trafficking Act, President Donald J. Trump Provides Invaluable Tools Needed To Fight The Scourge Of Sex Trafficking," April 11, 2018
  22. ↑ Clerk.House.gov, "Final Vote Results for Roll Call 91," February 27, 2018
  23. ↑ Senate.gov, "On Passage of the Bill (H.R. 1865)," March 21, 2018
  24. ↑ The Wall Street Journal, "House Passes Bill Limiting Websites’ Immunity in Sex-Trafficking Cases," February 27, 2018
  25. ↑ The Wall Street Journal, "Senate Approves Bill Limiting Immunity for Internet Firms in Sex-Trafficking Cases," March 21, 2018
  26. ↑ The Hill, "Senate passes controversial online sex trafficking bill," March 21, 2018
  27. ↑ EAC.gov, "2018 HAVA Election Security Funds," accessed May 14, 2018
  28. ↑ 28.0 28.1 28.2 Justice.gov, "Attorney General Sessions Announces New Cybersecurity Task Force," February 20, 2018
  29. ↑ WhiteHouse.gov, "Statement by the President on FISA Amendments Reauthorization Act of 2017," January 19, 2018
  30. ↑ Senate.gov, "On the Motion (Motion to Concur in the House Amendment to S. 139)," January 18, 2018
  31. ↑ Clerk.House.gov, "Final Vote Results for Roll Call 16," January 11, 2018
  32. ↑ The Hill, "House votes to renew NSA spying, rejects reform push," January 11, 2018
  33. ↑ 33.0 33.1 The Hill, "Senate votes to extend NSA spying program," January 18, 2018
  34. ↑ 'Clerk.House.gov, "Final Vote Results for Roll Call 14," January 11, 2018
  35. ↑ 35.0 35.1 35.2 WhiteHouse.gov, "Streamlining and Expediting Requests to Locate Broadband Facilities in Rural America," January 8, 2018
  36. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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