WashingTECH Tech Policy Podcast with Joe Miller

The WashingTECH Tech Policy Podcast is your resource for tech law and policy news and interviews. Each week, the WashingTECH Policy Podcast presents the latest developments across the tech policy landscape plus interviews with a diverse array of tech policy influencers.
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WashingTECH Tech Policy Podcast with Joe Miller





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Now displaying: September, 2017
Sep 26, 2017

Online Privacy Issues_Tech Policy Podcast_WashingTech_Jules Polonetsky

Online Privacy Issues -- An Overview

As online privacy issues mount in the U.S., regulators are pulling back. Earlier this year, Congress repealed the privacy rules the FCC passed under former Chairman Tom Wheeler. The rules would have required ISPs to obtain subscribers' permission before using their data for commercial purposes. The ISPs argued that they should be entitled to the same free reign over consumer data that large tech companies enjoy. But, of course, the FCC doesn't have jurisdiction to directly regulate tech companies. Jules Polonetsky discusses online privacy issues and where U.S. privacy law and policy now stand in light of recent data breaches. He also explains what consumers can do to protect their data from hackers.


Jules Polonetsky (@JulesPolonetsky) serves as CEO of the Future of Privacy Forum (FPF). FPF is a leading Washington, D.C.-based non-profit organization focused on privacy. The chief privacy officers of more than 130 leading companies support FPF. Further, FPF is supported by several foundations. FPF has an advisory board comprised of the country’s leading academics and advocates. FPF’s current projects focus on Big Data, Mobile, Location, Apps, the Internet of Things, Wearables, De-Identification, Connected Cars and Student Privacy.

Jules' previous roles have included serving as Chief Privacy Officer at AOL and before that at DoubleClick, as Consumer Affairs Commissioner for New York City, as an elected New York State Legislator and as a congressional staffer, and as an attorney.Previously, Jules served as an elected member of the New York State Assembly from 1994 to 1997. From November 1992 through 1993, Jules was a legislative aide to Congressman Charles Schumer. Prior to that, he was also a District Representative for Congressman Steve Solarz.. Jules practiced law in the New York office of Stroock & Stroock & Lavan from 1989 to 1990.

Jules has served on the boards of a number of privacy and consumer protection organizations. These include TRUSTe, the International Association of Privacy Professionals, and the Network Advertising Initiative. From 2011-2012, Jules served on the Department of Homeland Security Data Privacy and Integrity Advisory Committee. He is also a member of The George Washington University Law School Privacy and Security Advisory Council.

Jules is a regular speaker at privacy and technology events. He has has testified or presented before Congressional committees and the Federal Trade Commission.

Jules is a graduate of New York University School of Law and Yeshiva University. He is admitted to the Bars of New York and Washington, D.C. Jules is also a Certified Information Privacy Professional.


Future of Privacy Forum

Commission on Evidence-Based Policymaking

Machine Learning for Absolute Beginners by Oliver Theobald

News Roundup

Puerto Rico all but destroyed following Hurricane Maria

Hurricane Maria left Puerto Rico absolutely devastated last week. Puerto Ricans living in the mainland U.S. remain unable to reach friends and family members. Maria made landfall on Wednesday as a Category 4 storm with 155 MPH winds, the likes of which the island hasn't seen in generations. The storm knocked off Puerto Rico's entire electrical grid leaving millions without power. Federal Communications Commission Chairman Ajit Pai released a statement saying 95% of Puerto Rico's cell sites are out of service. The island is running out of supplies. Many were thunderstruck over the weekend by President Trump's silence about Puerto Rico. Instead, Trump spent the weekend news cycle railing against NBA and NFL players taking a knee against the national anthem. Tom McKay has the story in Gizmodo.

Mother of slain sex trafficking victim testifies before Senate Commerce Committee

Yvonne Ambrose, the mother of the 16-year-old girl who was raped and murdered by a 32-year-old user, testified on the Hill. Ambrose appeared before the Senate Commerce Committee in support of the Stop Enabling Sex Traffickers Act (SESA). The bi-partisan bill, introduced by Senator Rob Portman, would hold internet companies more accountable for content on their sites. Currently, the Communications Decency Act shields websites from liability for content posted by third parties. That's what enabled to post ads placed by criminals selling opportunities to sexually abuse children. So the Stop Enabling Sex Traffickers Act would hold web companies more accountable. It would do so by making them liable for knowingly hosting sex trafficking content. Sabrina Eaton reports on

SEC reports hackers breached EDGAR last year

So the Securities and Exchange Commission--the nation's top Wall Street regulator--was hacked. Last year. The SEC decided last week that it would finally get around to telling us.  In an eight-page statement, SEC Chairman Jay Clayton announced that hackers breached the agency's filing system--EDGAR. That breach may have enabled improper trading to take place. The statement doesn't explain either  the reason for the delay in notifying the public or the date on which the breach occurred. Renae Merle reports in the Washington Post.

Google signs $1.1 billion "cooperation agreement" with HTC

Google invested $1.1 billion in struggling device manufacturer HTC last week and is expected to announce the release of two new devices on October 4th. David Pierce, Jordan McMahon, Issie Lapowsky, Jack Stewart, Eric Niiler, Andy Greenberg, and Michelle Dean report in Wired.

Facebook to change ad targeting

In response to revelations that it was allowing advertisers to target racists, Facebook announced changes to its ad targeting system. For example, according to the New York Times, advertisers had the ability to target self-described "Jew Haters"  Chief Operating Officer Sheryl Sandberg said the company would be adding more human review and oversight. Sapna Maheshwari reports in the New York Times.

Facebook turning over thousands of Russia-linked ads to Congress

In other Facebook news, Facebook announced last week that it would also be turning over some 3,000 advertisements placed by Russia-linked groups during the 2016 presidential campaign. Ali Breland reports in the Hill.

U.S. and EU kick off first Privacy Shield review season

EU Justice Commissioner Vera Jourova travelled to Washington last week to meet with U.S. Commerce Secretary Wilbur Ross. The EU is set to release its first report on the efficacy of the U.S.-EU Privacy Shield on October 4th. The Privacy Shield allows data transfers between the U.S. and EU, which have entirely different standards when it comes to protecting consumer privacy. Privacy Shield replaced a previous framework that the EU overturned last year because it didn't provide enough oversight over U.S. mass surveillance practices.  Under the Privacy Shield, the U.S. is supposed to appoint an Ombudsman to review the U.S.'s mass surveillance tactics. However, the U.S. has yet to appoint anyone to the ombudsman role. Jimmy Koo reports for Bloomberg.

Equifax breach happened months earlier than initially disclosed

Ali Breland and Olivia Beavers report in the Hill that the Equifax breach happened in March rather than July. The breach exposed the personal data of an estimated 143 million Americans.


Sep 19, 2017

The Cyberwarfare Capability of North Korea

For decades, policymakers, journalists and the media have discussed, prevented, and continued to assess North Korea's nuclear capabilities. The United States and the United Nations have repeatedly issued sanctions against the country to prevent it from developing its nuclear arsenal.  But what is the cyberwarfare capability of of North Korea? The Council of Korean Americans' Jessica Lee sheds light on the cyberwarfare capability of North Korea and the current policy landscape affecting the Korean Peninsula.


Jessica Lee is the Director of Policy and Advocacy at the Council of Korean Americans (CKA)(@CouncilKA). Jessica works closely with the Executive Director and CKA members to define CKA’s policy agenda and advocacy strategy. Jessica leads research and analysis on leading issues of importance to Korean Americans.

Prior to joining CKA, Jessica was a Resident Fellow at the Pacific Forum CSIS in Honolulu, HI. At the Pacific Forum, Jessica published articles on security and economic relations in East Asia. She brings a decade of public and private sector experience in Washington. Previously, Jessica was the director of a nonprofit organization specializing in women’s leadership training and development. She was also a senior manager of The Asia Group, LLC, a strategy and capital advisory firm.

Jessica previously served as a staff member in the House of Representatives. While she worked on the Hill, Jessica handled the Asia portfolio for the chairman of the House Committee on Foreign Affairs. She was also a senior legislative assistant for a member of Congress on the Ways and Means Committee.

Jessica received a B.A. in political science from Wellesley College. She also holds an A.M. in East Asian regional studies from Harvard University. Jessica is a Truman Security Fellow, a David Rockefeller Fellow of the Trilateral Commission​, and a Google Next Gen Policy Leader​. Jessica has advanced proficiency in Korean and lives in northern Virginia with her husband and daughter.


Council of Korean Americans

Backchannel to Cuba: The Hidden History of Negotiations Betweeen Washington and Havana by William M. LeoGrande

News Roundup

Equifax Hacked

The credit reporting agency Equifax last week reported that its systems had been breached.  The breach potentially exposed the data of some 143 million Americans. Equifax CEO and Chairman Richard Smith made the announcement last week. However, the actual breach took place on July 29.

Hackers got into Equifax's system by exploiting a flaw in a popular open source platform called Apache Struts. Equifax uses Apache Struts for the online form customers use to dispute errors in their credit reports. Equifax's initial attempt to repair the breach failed. Both the FBI and FTC are now investigating the data breach. Massachusetts Senator Ed Markey also introduced a bill called the "Data Broker Accountability and Transparency Act". MarketWatch reported on Saturday that now-fired Chief Security Officer Susan Mauldin doesn't have any educational background in information security. According to her LinkedIn profile, Mauldin has a bachelor's and Master of Fine Arts in Music Composition from the University of Georgia.  Equifax's stock price has fallen by more than 30% since Smith announced the breach. Experts suspect state actors played a role. AnnaMaria Andriotis, Michael Rapaport, and Robert McMillan report for the Wall Street Journal.

Kaspersky ousted from federal agencies

The Department of Homeland Security issued what's called a Binding Operational Directive that gives federal agencies 90 days to remove Kaspersky Lab technologies from federal networks. Officials suspect the Russia-based company has state ties to Russia and that they are a front for Russian spies. Agencies have 30 days to identify where they're using Kaspersky, and another 60 days to remove it. Jason Miller has the story on Federal News Radio.

Alphabet may be considering a $1 billion investment in Lyft

Greg Bensinger reports for the Wall Street Journal that Alphabet may be considering making a $1 billion investment in Lyft. This is still at speculation stage. Alphabet and primary Lyft rival Uber have been at odds over the last year or so. Tensions between Uber and Alphabet came to a head earlier this year when Alphabet sued Uber for allegedly stealing trade secrets from Alphabet's self-driving car unit Waymo.

Google pay discrimination lawsuit

Three women who previously worked at Google are suing the company for pay discrimination. The former employees who worked in both tech and non-tech roles at the tech giant allege the company pays women less than men working in similar roles. The California lawsuit also alleges that Google hires women for roles less likely to lead to promotions. Daniel Weissner reports in Reuters.

Congress considers adding driverless trucks to autonomous vehicles legislation

Finally, Edward Graham reports in Morning Consult that Senators are considering adding language to its draft autonomous vehicles bill that would include driverless trucks. The House unanimously passed an autonomous vehicles bill on September 6th, which didn't include language on driverless trucks. In the meantime, a new Morning Consult poll shows consumers are still a bit wary of autonomous vehicles. Just 22% of those surveyed said they thought self-driving cars are safer than the average human driver. Thirty-five percent said they think they are less safe.


Sep 12, 2017


Licy Do Canto is founder and president of the Do Canto Group, a bipartisan government relations firm specializing in public health and health care legislative and regulatory policy, with a particular focus on underserved communities. An expert in health care policy with nearly 20 years of beltway experience, Licy has a track record of building bipartisan consensus, guiding federal legislation into law, and directing national issue campaigns and coalitions. Describing him as a “highly regarded healthcare lobbyist” among his peers, and Congressional officials and other decision-makers across the federal government, the prominent Capitol Hill newspaper The Hill named Licy one of Washington DC’s top lobbyists for seven consecutive years, earning the recognition in 2016, 2015, 2014, 2013, 2012, 2011 and 2010.

Prior to founding the Do Canto Group, Licy was a principal at the Raben Group, where he lead the firm’s Health Practice Group, providing clients with a range of services, including policy development and analysis, coalition building, direct lobbying and strategic counsel and communications.

Licy also served as chief executive officer of the AIDS Alliance for Children Youth and Families, a leading national, non-profit advocacy organization focused on improving access to HIV/AIDS prevention, care and treatment for underserved communities across the United States. Mr. Do Canto is largely credited with significantly strengthening the Alliance's operational and policy structure and considerably expanding and fortifying its relations with public and private sector partners.

Prior to the Alliance, Licy served as the director of federal affairs for the National Association of Community Health Centers, the largest association of nonprofit clinics and health centers in the United States, representing over 1,000 clinics and 6,000 clinic sites that serve over 17 million people. Licy helped oversee the historic doubling of funding for the Federal Health Center program while also successfully managing the Association's legislative priorities on health center reauthorization and the Medicare, Medicaid and state Children's Health Insurance Programs.

While at NACHC, Licy also founded and chaired the Association's Partnership for Medicaid, a nationwide coalition of eighteen safety net providers and other key organizations, including nursing homes, community health centers, public hospitals and unions, focused on improving the Medicaid program. In addition, he co-founded and served as chair of the Association's twenty-two member Partnership for Primary Care Workforce, a nationwide coalition of national professional, provider and educational organizations dedicated to strengthening the health care workforce.

Before NACHC, Licy served as senior manager for federal affairs in the American Cancer Society's Federal Government Relations Department, directing the Society's federal legislative and executive branch advocacy efforts on health disparity issues. He also has extensive Capitol Hill experience, having served as senior legislative assistant for domestic policy to U.S. Congressman Barney Frank (D-MA) and held a number of positions in the office of Senator Edward M. Kennedy (D-MA).

Licy is well known to key Congressional committee and non-committee staff with jurisdiction over health issues, having authored and successfully guided into law the $25 million bipartisan Patient Navigator Outreach and Chronic Disease Prevention Act (aimed at helping low-income patients overcome health system barriers), the first piece of health legislation signed into law by President George W. Bush in 2005.

He successfully advocated for, and authored an array of, other key bipartisan-supported health policy issues before Congress, including passage of the Native American Breast and Cervical Cancer Treatment Technical Amendment Act; passage of the "Rep. Deal" amendment preserving hundreds of millions in Medicaid funding for Community Health Centers; the creation of a $50 million medical home program in Medicaid; a $100 million Health Center Medicare payment system; a $85 million Health Center financing system in the State Children's Health Insurance Program; and the establishment of a $1.5 billion Federal Early Childhood Home Visitation program within the US Department of Health and Human Services.

Licy also served as staff to Commissioner John Rugge on the 2005-06 US Department of Health and Human Services National Medicaid Advisory Commission, established to advise the HHS Secretary on ways to strengthen and modernize the Medicaid program.

Licy is often quoted in the media, including Politico, The Hill, Roll Call, Financial Times, Reuters, Bloomberg, Inside Health Policy, among others, on a broad range of issues relating to health and health care policy.

The DoCanto Group’s current and former clients include First Focus, AARP, the Nurse Family Partnership, the California Endowment, the New York State Health Foundation, the Direct Care Alliance and The MENTOR Network, as well as the Atlantic Sea Scallop Fishery and the Climate Reality Project.

A native of Boston and fluent in Spanish and Cape Verdean Portuguese, Licy is a 1995 graduate of Duke University, with a Bachelor's Degree in Political Science, International Affairs and Spanish Studies. He also holds a W.K. Kellogg Foundation Certificate in Public Health Leadership from the University of North Carolina-Chapel Hill School of Public Health and Kenan-Flagler Business School.


The DoCanto Group

America's Health-Inequality Problem by Olga Khazan (The Atlantic, 6/5/2017)

The Head Game: High Efficiency Analytic Decision-Making and the Art of Solving Complex Problems Quickly by Philip Mudd

News Roundup

Facebook reports $100,000 in fake Russian political ads

Facebook released new evidence last week that helps to illustrate Russia's role in impacting the 2016 U.S. presidential election. The social media company reported that a company called the Internet Research Agency spent more than $100,000 on 3,000 Facebook ads that ran between June 2015 and May 2017. While the ads did not endorse a particular political candidate, they did focus on divisive political issues such as race, LGBT rights, and gun control. They promoted views consistent with Donald Trump's platform. The New York Times' Scott Shane and Vindu Goel report on these and other suspicious ads appearing on Facebook that may have some connection to the Kremlin. Google, on the other hand, released a statement saying it has found no evidence of such advertising on its platform.

Industry backlash against Trump's DACA decision

A broad swath of major corporations and industry groups sharply rebuked President Trump for his decision to end  the Deferred Action for Childhood Arrivals (DACA) program. The Obama-era program gave 2-year work permits to individuals who entered the United States illegally as children. The U.S. Chamber of Commerce, Google, Apple, Microsoft, Telemundo, Univision and many others expressed disapproval. Trump says he'll re-review the program if Congress doesn't pass definitive legislation with 6 months. Megan Wilson and Ali Breland report in The Hill.

Google appeals EU's $2.7 billion antitrust fine

Google has filed its appeal of the European Union's $2.7 billion fine against it for allegedly prioritizing its own search results over its competitors. A spokeswoman for the European Court of Justice told TechCrunch that it could take anywhere between 18 months and two years for the case to reach a final judgment. Natasha Lomas reports in TechCrunch.

Tesla hooked its customers up with more battery juice to escape Irma

For an extra fee, Tesla lets its vehicle owners unlock unused battery space. But the car company temporarily removed the restriction for its car owners in Florida as they evacuated in anticipation of Hurricane Irma.  Brian Fung reports in the Washington Post.

FCC Extends s706 comment deadline

Every year the FCC is required to report on whether broadband speeds are fast enough and whether the ISPs are moving fast enough to deploy them. A big part of that debate has to do with whether wireless service is an adequate substitute for wireline broadband service. While democratic administrations have held that wireless is not a substitute, the current Republican-led FCC has indicated that it may go the other way. Before it releases the report, though, the FCC is required to allow the public to comment. The FCC extended that initial comment deadline to September 21st. So if you use the internet to run an online business or something else that requires the fastest speed possible, but you live in a remote area--you may want to weigh in. Wireless, at least from my own personal experience running this podcast, is not a replacement for wired broadband by any stretch of the imagination.

Oracle supports sex-trafficking bill

Oracle has decided to go against the grain in supporting a sex trafficking bill most other tech companies oppose.  The bill, which is entitled the Stop Enabling Sex Traffickers Act, was introduced by Republican Senator Bob Portman.  The bill has broad bipartisan support, with Senators McCain and McCaskill, among many others, on board. Precipitated by's advertisements of prostitutes and opportunities to sexually abuse underage victims, the bill seeks to hold websites more accountable for ads posted by third parties. Harper Neidig has the story in The Hill.

FBI probes Uber over tactics against Lyft

"Hell". That's the name of a now-defunct Uber program the New York Office of the FBI and U.S. Attorney are investigating. The program was the subject of a class-action lawsuit a Lyft driver brought earlier this year in a federal court in California. But the court threw out that case because the driver couldn't show any harm. But essentially the program allegedly created fake user accounts so Uber could see where Lyft drivers were going. This investigation adds to numerous legal matters Uber's new CEO Dara Khosrowshahi inherited when he took the helm last week. Rebecca Davis-O'Brien and Greg Bensinger report in the Wall Street Journal.

Sep 5, 2017


Edgar Figueroa

The Power of WiFi for Business and Communities

The potential for WiFi can't be understated. WiFi is beneficial not only for businesses, but also for communities that have traditionally lacked access. In this episode, Edgar Figueroa of the WiFi alliance helps us understand the different types of spectrum. Edgar also describes what WiFi is and how WiFi is playing an increasingly important role in telecom policy.


As president and CEO of Wi-Fi Alliance (@WifiAlliance), Edgar Figueroa has led an unprecedented period of growth for Wi-Fi®. Wi-Fi Alliance has grown to more than 700 member companiesUnder Edgar’s leadership. He has also maintained an aggressive development roadmap and adopted a vision of “Connecting everyone and everything, everywhere.” Edgar forged numerous strategic partnerships to facilitate penetration of Wi-Fi into established and emerging markets. Edgar also defined the Wi-Fi Alliance Wi-Fi CERTIFIED™ program development framework. He also guided the launch of several generations of interoperable Wi-Fi programs. These programs have proliferated Wi-Fi into mass markets such as mobile and consumer electronics.

Prior to Wi-Fi Alliance, Edgar was at Ridgeway Systems & Software (now Cisco). He was instrumental in delivering the industry’s first session border controller. He also helped develop the H.460.18 and H.460.19 International Telecommunications Union standards for secure network traversal. Before Ridgeway, Edgar held product management and engineering roles at 3M Company.

Edgar is a veteran of the United States Navy in which he served in a fighter pilot training squadron. Further, he received numerous awards including Sailor of the Year. Edgar has taught at the University of Texas at Austin, Austin Community College, and various community programs in Austin Texas. The Hispanic Scholarship Fund inducted  Edgar into its Hall of Fame.

Edgar is a graduate of the University of Texas at Austin. He holds a Masters in Technology Commercialization, and undergraduate degrees with honors in Mechanical Engineering and Mathematics.


WiFi Alliance

Younger Next Year by Chris Crowley

News Roundup

SEC warns the public on internet currencies

The Securities and Exchange Commission warned the public last week about potential internet currency offering (ICO) scams. Internet currencies like Bitcoin have been on an upward trend lately, with Bitcoin trading at over $4,000. The SEC is worried about companies that prey on the public by "pumping" prices for new products related to internet currencies. China moved on Monday to outlaw internet currency trading. Eugene Kim reports for CNBC.

Uber faces bribery law investigation

Douglass McMillan reported for the Wall Street Journal last week that the Justice Department has begun a preliminary investigation into Uber's potential violation of the Foreign Corrupt Practices Act. Uber experienced rapid foreign expansion under former CEO Travis Kalanick, and the DOJ apparently suspects that bribery may have been factor. Uber's new CEO Dara Khosrowshahi, formerly the CEO of Expedia, took the helm of Uber last week.

New America Fellow ousted after criticizing Google

A New America Foundation scholar was ousted from the think tank after he criticized Google's market dominance. Barry Lynn, who ran New America's Open Market's program, praised the European Union's recent $2.7 billion fine against Google for allegedly favoring its own search results over its competitors. Last week, New America let Lynn go, along with several other staffers. Lynn says Google, which has donated some $21 million to New America in recent years, is pulling the strings. Lynn followed up by launching a separate organization that is "going to make sure Google doesn't get away with this". Kenneth Vogel reports for the New York Times.

Tillerson to close State Department cyber division

Secretary of State Rex Tillerson announced his plans to close the State Department's cyber division. Tillerson made the revelation in a letter to Senate Foreign Relations Committee Chairman Bob Corker . The division is responsible for protecting the United States' cyber security interests abroad.  Tillerson says he intends to roll the cyber division into a business and economic affairs bureau. Morgan Chalfant reports in the Hill.

Net Neutrality hearing delayed

The House Energy & Commerce Committee hearing on net neutrality that was scheduled for September 7th has been delayed. Not a single one of the eight tech companies the Committee invited responded to the invitation to testify. Edward Graham at Morning Consult reports.

DHS warns of Harvey scams

The Department of Homeland Security warned the public last week about possible scams related to Hurricane Harvey relief efforts. The agency warned about phishing scams and other malicious activity designed to take advantage of good samaritans making email donations.