Kenny Marchant on Technology Republican Representative (TX-24)

Voted NO on protecting cyber security by sharing data with government.

• CISPA conducts federal cybersecurity activities to provide shared situational awareness enabling integrated operational actions to protect, prevent, and recover from cyber incidents.

Proponent's Argument for voting Yes:

• Rep. SINEMA: We need a 21st century solution for this 21st century problem. This bill ensures that research and development, intellectual property, and software code is no longer being stolen by China, Iran, and Russia.
• Rep. MAFFEI: We've already seen state actors like the People's Republic of China pursue widespread data theft from American computer networks. This is a clear and present danger.

• Rep. McNERNEY: I'm concerned with the civil protections not required in H.R. 624. Businesses should be required to remove personally identifiable information before submitting data to Federal agencies.
• CNet.com: Rep. Ron Paul warned that CISPA represents the "latest assault on Internet freedom"; that "CISPA is Big Brother writ large." CISPA would permit, but not require, Internet companies to hand over confidential customer records to federal agencies. What sparked the privacy worries--including opposition from the ACLU and the Republican Liberty Caucus--is the section of CISPA that says "notwithstanding any other provision of law." By including the word "notwithstanding," CISPA's drafters intended to make their legislation trump all existing laws. It would render irrelevant wiretap laws, Web companies' privacy policies, and more.
• Rep. LOFGREN: CISPA could allow any private company to share vast amounts of sensitive, private data about its customers with the government. CISPA would override all other privacy laws, and allow a private company to share nearly anything--from the contents of private emails to medical records--as long as it "directly pertains to" a broadly defined "cyber threat."

Voted YES on terminating funding for National Public Radio.

Congressional Summary: To prohibit Federal funding of National Public Radio and the use of Federal funds to acquire radio content, including:
1. broadcasting, transmitting, and programming over noncommercial educational radio broadcast Corporation for Public Broadcasting was created in 1967. Today, we have multiple listening choices; NPR [has become an] absurd anachronism. It is time to move forward and to let National Public Radio spread its wings and support itself.

   Opponent's Argument for voting No:
   [Rep. Waxman, D-CA]: This bill will cripple National Public Radio, public radio stations, and programming that is vital to over 27 million Americans. We are now voting to deny the public access to one of our Nation's most credible sources of news coverage. This bill does not save a penny. This legislation does not serve any fiscal purpose, but it does serve an ugly ideological one. This legislation is not about reforming NPR. It is about punishing NPR. It is vindictive, it is mean-spirited, it is going to hit the smallest stations in rural areas particularly hard. Public radio is indispensable for access to news that's hard to get, especially where broadband service is limited.

   Reference: Prohibit Federal Funds for NPR; Bill H.1076 ; vote number 11-HV192 on Mar 17, 2011

   Voted NO on delaying digital TV conversion by four months.

   Congressional Summary:Amends the Digital Television Transition and Public Safety Act to delay the transition of television broadcasting from analog to digital to June 13, 2009. Requires the Federal Communications Commission (FCC) to extend for a 116-day period the licenses for recovered spectrum, including the construction requirements associated with those licenses.

   Proponent's argument to vote Yes:Rep. RICK BOUCHER (D, VA-9): Fully 6.5 million households are totally unprepared for the transition on February 17; these 6.5 million households will lose all of their television service, and that number represents about 5.7% of the total American television viewing public. If almost 6%of the nation's households lose all of their television service, I think that most people would declare that the digital television transition has been a failure. In recognition of that reality, this legislation would delay the transition until June 12.

   Opponent's argument to vote No:Rep. JOE LINUS BARTON (R, TX-6): The majority is trying to fix a problem that I do not think really exists. We have sent out 33 million coupons: 22 million of those coupons have been redeemed, and 11 million coupons are outstanding. The outstanding coupons are being redeemed, I think, by about 500,000 a week, something like that. In my opinion, you could keep the hard date and not have a problem, but if you think there is a problem, it is not from lack of money. We have appropriated $1.3 billion. About half of that is still in the Treasury, so the redemption rate is only about 52%. Even though we are delaying this until June 12 if this bill becomes law, according to the acting chairman of the FCC, 61% of the television stations in America are going to go ahead and convert to digital. 143 television stations already have converted, and in those areas where they have converted, I am not aware that there has been a huge problem.

   Reference: DTV Delay Act; Bill S.352 ; vote number 2009-H052 on Mar 4, 2009

   Voted YES on retroactive immunity for telecoms' warrantless surveillance.

   Proponents argument for voting YEA: Rep. ETHERIDGE. This bipartisan bill provides the critical tools that our intelligence community needs to ensure the safety of our Nation--to authorize surveillance in the case of an emergency situation, provided that they return to the FISA court within 7 days to apply for a warrant.

   Rep. LANGEVIN. One issue that has been repeatedly addressed is whether telecommunications companies should be granted immunity against pending lawsuits for their involvement in the earlier surveillance program. This legislation preserves a role for the U.S. court system to decide independently whether the telecommunications companies acted in good faith. Only after that review would the courts decide whether the telecommunications companies deserve any form of liability protection.

   Opponents argument for voting NAY: Rep. LEVIN. I oppose this bill because of the provisions that would confer retroactive immunity on the telecommunications companies that participated in the Bush administration's warrantless surveillance program. It sets a dangerous precedent for Congress to approve a law that dismisses ongoing court cases simply on the basis that the companies can show that the administration told them that its warrantless surveillance program was legal. A program is not legal just because the administration claims that it is.

   Rep. NADLER. The House must decide today whether to uphold the rule of law & the supremacy of the Constitution or whether to protect & reward the lawless behavior of the administration and of the telecommunications companies that participated in its clearly illegal program of spying on innocent Americans. The bill is a fig-leaf, granting blanket immunity to the telecom companies for illegal acts. It denies people whose rights were violated their fair day in court, and it denies the American people their right to have the actions of the administration subjected to fair & independent scrutiny.

   Reference: FISA Amendments Act; Bill HR6304 ; vote number 2008-437 on Jun 20, 2008

   Voted NO on $23B instead of $4.9B for waterway infrastructure.

   Vote on overriding Pres. Bush's veto. The bill reauthorizes the Water Resources Development Act (WRDA): to provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States. The bill authorizes flood control, navigation, and environmental projects and studies by the Army Corps of Engineers. Also authorizes projects for navigation, ecosystem or environmental restoration, and hurricane, flood, or storm damage reduction in 23 states including Louisiana.

   Veto message from President Bush:

   This bill lacks fiscal discipline. I fully support funding for water resources projects that will yield high economic and environmental returns. Each year my budget has proposed reasonable and responsible funding, including $4.9 billion for 2008, to support the Army Corps of Engineers' main missions. However, this authorization bill costs over $23 billion. This is not fiscally responsible, particularly when local communities have been waiting for funding for projects already in the pipeline. The bill's excessive authorization for over 900 projects and programs exacerbates the massive backlog of ongoing Corps construction projects, which will require an additional $38 billion in future appropriations to complete. This bill does not set priorities. I urge the Congress to send me a fiscally responsible bill that sets priorities.

   Reference: Veto override on Water Resources Development Act; Bill Veto override on H.R. 1495 ; vote number 2007-1040 on Nov 6, 2007

   Voted NO on establishing "network neutrality" (non-tiered Internet).

   An amendment, sponsored by Rep Markey (D, MA) which establishes "network neutrality" by requiring that broadband network service providers have the following duties:
   1. not to block or interfere with the ability of any person to use a broadband connection to access the Internet;
   2. to operate its broadband network in a nondiscriminatory manner so that any person can offer or provide content and services over the broadband network with equivalent or better capability than the provider extends to itself or affiliated parties, and without the imposition of a charge for such nondiscriminatory network operation;
   3. if the provider prioritizes or offers enhanced quality of service to data of a particular type, to prioritize or offer enhanced quality of service to all data of that type without imposing a surcharge or other consideration for such prioritization or enhanced quality of service.
   Proponents say that network neutrality ensures that everybody is treated alike with regard to use of the Internet, which has been a principle applied to Internet use since it was first originated. Proponents say that without network neutrality, large corporations will pay for exclusive preferential service and hence small websites will be relegated to a second tier of inferior service. Opponents say that the Markey amendment forsakes the free market in favor of government price controls, and would chill investment in broadband network and deployment of new broadband services, and would reduce choice for internet users. Voting YES favors the network neutrality viewpoint over the price control viewpoint. Reference: Communications, Opportunity, Promotion, and Enhancement Act; Bill HR 5252 Amendment 987 ; vote number 2006-239 on Jun 8, 2006

   Voted YES on increasing fines for indecent broadcasting.

   Broadcast Decency Enforcement Act of 2005: Expresses the sense of Congress that broadcast television station licensees should reinstitute a family viewing policy for broadcasters. Amends the Communications Act of 1934 to provide that for violators of any Federal Communications Commission (FCC) license, if a violator is determined by the FCC to have broadcast obscene, indecent, or profane material, the amount of forfeiture penalty shall not exceed $500,000 for each violation. Sets forth:
   1. additional factors for determining indecency penalties;
   2. indecency penalties for non-licensees;
   3. deadlines for actions on complaints;
   4. additional remedies for indecent broadcasts; and
   5. provisions for license disqualification, revocation, or renewal consideration for violations of indecency prohibitions.
   Reference: Bill sponsored by Rep. Fred Upton [R, MI-6]; Bill H.R.310 ; vote number 2005-035 on Feb 16, 2005

   End net neutrality; allow tiered Internet service.

   Marchant co-sponsored Internet Freedom Act

   Congressional Summary:Prohibits the Federal Communications Commission (FCC) from proposing, promulgating, or issuing any regulations with regard to the Internet or IP-enabled services. Makes such prohibition non-applicable to regulations that are determined necessary to:

   1. prevent damage to U.S. national security;
   2. ensure public safety; or
   3. assist or facilitate any actions taken by federal and state law enforcement agencies.

   Congressional Findings:

   • The Internet and all IP-enabled services are services affecting interstate commerce; and
   • such services are not subject to the jurisdiction of any State or municipal locality.

   OnTheIssues Explanation: This bill opposes "net neutrality," the principle that all users should have equal access to the Internet. By disallowing FCC regulation, commercial carriers could create "tiered service" (which is the opposite of "net neutrality"). Tiered Internet service would allow, for example, faster access for companies who paid more (such as for ads).

   Source: H.R.96 11-HR096 on Jan 5, 2011

   Prohibit the return of the Fairness Doctrine.

   Marchant signed Broadcaster Freedom Act

   A bill to prevent the Federal Communications Commission from repromulgating the fairness doctrine. Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC), notwithstanding any other provision of any Act, from having the authority to require broadcasters to present opposing viewpoints on controversial issues of public importance, commonly referred to as the Fairness Doctrine.

   Source: S.34&H.R.226 2009-S34 on Jan 6, 2009

   No performance royalties for radio music.

   Marchant signed Local Radio Freedom Act
   CONCURRENT RESOLUTION Supporting the Local Radio Freedom Act
   • Whereas the US enjoys broadcasting and sound recording industries that are the envy of the world, due to the symbiotic relationship that has existed among these industries for many decades;
   • Whereas for more than 80 years, Congress has rejected repeated calls by the recording industry to impose a performance fee on local radio stations for simply playing music on the radio;
   • Whereas local radio stations provide free publicity and promotion to the recording industry and performers of music in the form of radio air play, interviews with performers, introduction of new performers, and concert promotions;
   • Whereas Congress found that 'the sale of many sound recordings and the careers of many performers benefited considerably from airplay and other over-the-air broadcasting;
   • Whereas there are many thousands of local radio stations that will suffer severe economic hardship if any new performance fee is imposed, as will many other small businesses that play music including bars, restaurants, shopping centers and transportation facilities;
   • Resolved: That Congress should not impose any new performance fee, tax, royalty, or other charge relating to the public performance of sound recordings on a local radio station for broadcasting sound recordings over-the-air, or on any business for such public performance of sound recordings.
   Source: SCR.14&HCR.49 2009-SCR14 on Mar 30, 2009

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