Overnight Technology: Net Neutrality fight hits Congress

THE LEDE: The debate about open Internet rules is slated to spill over into Congress on Wednesday, when members debate a draft net neutrality proposal that Republicans floated last week. During a pair of hearings on Wednesday, all sides of the debate will have a chance to weigh in weeks before the Federal Communications Commission (FCC) is set to unveil its own path forward. The draft net neutrality bill circulated by Republicans last week will be a hot item in back-to-back hearings in the Senate Commerce Committee and the House Energy and Commerce subcommittee on Technology and Communications. Amazon, for instance, will point out what it sees as a number of flaws in the legislative proposal, while cable and wireless industry representatives will give their support to the legislative push. The draft bill would enforce many of the proposals called for by President Obama and other advocates, while also barring the FCC from reclassifying broadband as a utility -- something the commission appears poised to do. Democrats have said the GOP proposal rolls back too much FCC authority. On Wednesday, Rep. Anna Eshoo (D-Calif.) -- the ranking member on the House panel -- will charge GOP lawmakers with trying to "purposely tie the hands of the FCC," according to prepared remarks shared with The Hill. In particular, Eshoo will chide the bill for banning the FCC from invoking Title II of the Communications Act for tough Web rules, as well as creating a "huge loophole" for loosely defined "specialized services." She also criticizes it for "an enormous bias against enforcement" and potentially hurting efforts to expand rural broadband and 911 access. "In an attempt to eliminate bad practices, we should not be tempted to establish rules that will create new bad practices," she will say. Amazon says GOP draft Internet legislation needs changes: In prepared testimony, online shopping giant Amazon pointed to a number of holes in Republican’s draft legislation, which it warned could be ineffective and would place too many limits on FCC authority. Paul Misener, Amazon’s vice president of global public policy, is one of a few witnesses who will testify Wednesday before both the House and Senate panels to discuss the draft legislation unveiled last week. "The bill should be modified accordingly to ensure that the Internet openness of net neutrality is maintained and effective," he is slated to say in opening remarks. Cable endorses: The cable industry, meanwhile, is slated to give a full-throated endorsement of Republicans' draft legislation during a House hearing on Wednesday. Michael Powell, the president of the National Cable and Telecommunications Association, plans to use his opening statement to say he "firmly believes" the draft proposal released by Republicans last week is the right approach. However, the trade group is "open to changes" in order to bring Democrats to the table as well. Wireless industry calls draft an 'excellent start': The head of a wireless industry trade group plans to offer a more tepid endorsement, calling the draft an "excellent start" that offers a "reasonable path" forward, but will push for different rules for wireless broadband. Meredith Attwell Baker, president of the CTIA- The Wireless Association, will say it is "vital" that any legislation recognizes the "inherent differences" of mobile broadband. The industry, like other Internet service providers, is strongly opposed to the FCC’s expected plan to reclassify broadband similar to a utility. Prepare for a full day: A number of others are slated to testify as well, including the National Hispanic Media Coalition, which believes the legislation is the wrong approach and supports the FCC's planned vote on reclassifying broadband like a utility. The chief executive of Etsy, a former GOP FCC commissioner, and others also plan to speak before committees in the House and Senate. Booker doesn't see legislative path forward on net neutrality: Sen. Cory Booker (D-N.J.) signaled Tuesday that he would likely be unwilling to come around to a legislative approach to net neutrality. He described a recent conversation with a "high-profile" Republican in which they agreed on the principles of the issue just not on the path forward. "If somebody wants to show me a better way to keep the Internet open and free... I'm willing to have an open mind about it but I just don't see a pathway there but through Title II," he told a group of reporters Tuesday night. Where to watch the State of the Union: President Obama will give his penultimate State of the Union address on Tuesday night. The White House is encouraging supporters to livestream the address on the WhiteHouse.gov website, rather than watch it on traditional television. In an email, the White House said the site would include interactive features like "shareable charts and stats" to help viewers understand the speech. "And even if you're watching on your TV, you can still follow along on your phone or tablet," the White House told supporters in an email. Web trade group has pro-trade video: Ahead of Obama’s remarks, the Internet Association is releasing a video highlighting Web-based businesses who use the Internet as a tool for trade. Obama is expected to highlight trade issues in his speech. House panel plots data breach hearing: A House Energy and Commerce subcommittee will hold a hearing to explore legislation to stop data breaches. The announcement from Commerce, Manufacturing and Trade subcommittee Chairman Michael Burgess (R-Texas) comes after President Obama renewed the call for an anti-hacker bill, ahead of his State of the Union address. The hearing will be on the morning of Jan. 27. Patent nominees get second hearing: The Senate Judiciary Committee is doing a retake on the confirmation hearing of Michelle Lee, President Obama's pick to lead the U.S. Patent and Trademark Office on Wednesday. Lee and Daniel Henry Marti, Obama's pick to be the White House's Intellectual Property Enforcement Coordinator (IPEC), will testify for the second time in as many months, now that Republicans control the chamber and a few new members have joined the committee. While the two appeared to garner support from both sides in their previous December testimony, the late hearing date ensured their confirmation would be pushed into the new Congress. At the time, Sen. Chuck Grassley (R-Iowa), the current chairman, said he would hold a similar hearing in the new year to give new members an opportunity to ask questions. Both positions have been vacant since 2013. Chamber comes out swinging for patent picks: The U.S. Chamber of Commerce sent letters to leaders of the Senate Judiciary Committee on Tuesday, urging them to back Lee and Marti. Michelle Lee is a "a highly-qualified nominee" to be the next head of the U.S. Patent and Trademark Office, Chamber executive Bruce Josten wrote. Lee, he added, would "provide strong leadership for this critically important agency." Daniel Marti, meanwhile, would be a "strong advocate for intellectual property rights" in his new role, Josten wrote. Pai, Gohmert to speak at 911 event: Rep. Louis Gohmert (R-Texas) will join FCC commissioner Ajit Pai at an event later this month to highlight efforts to connect Americans when they dial 911 for help. The Marshall, Texas, event is being held in Gohmert’s district, where in 2013 a woman died after a nine-year-old girl was unable to reach police after dialing 911 four times from a hotel room phone. The girl didn’t know to press "9" to dial out. The girl’s grandfather and the local chief of police will also speak at the Jan. 23 event. Anti-Comcast group meets with FCC: Members of the new Stop Mega Comcast coalition met with FCC Commissioners Ajit Pai and Mignon Clyburn last Thursday to discourage them from approving Comcast’s $45 billion attempt to buy Time Warner Cable. Representatives from Dish Network, Public Knowledge, Consumers Union and The Blaze were among the more than a dozen people attending the meeting. Cory Doctorow to lead EFF fight: Writer and copyright activist Cory Doctorow is heading back to the Electronic Frontier Foundation to focus on digital rights management technologies, the advocacy group said on Tuesday. Doctorow, who previously spent four years as EFF’s European affairs coordinator, will be a special consultant on its new effort to eradicate the technologies, which restrict people from copying or sharing certain content. ON TAP:  At 10 a.m., The House Energy and Commerce subcommittee on Communications and Technology will hold a hearing on "protecting the Internet and consumers through congressional action." Witnesses from Amazon, Etsy, and the cable and wireless industries will testify. FCC Commissioner Mike O’Rielly will talk about the commission’s agenda this year at the American Enterprise Institute starting at noon. At 2:30 p.m., The Senate Commerce Committee will hold a similar hearing on a Republican draft proposal on net neutrality. At 2:30 p.m., the Senate Judiciary Committee will hold a nomination hearing for Michelle Lee, to lead the U.S. Patent and Trademark Office, and Daniel Henry Marti, to be the White House Intellectual Property Enforcement Coordinator. Also at 2:30, the House Science Committee will talk about research and development of drones with officials from NASA, the Federal Aviation Administration, the National Research Council and industry trade groups. IN CASE YOU MISSED IT: Sen. Brian Schatz is the new top Democrat on the Senate Commerce subcommittee on Communications, Technology and the Internet. The FCC is following through with $1.4 million in fines against Viacom and ESPN for improperly broadcasting the Emergency Alert System tone while promoting a film. The Justice Department will pay $134,000 to settle a lawsuit brought by a woman who was impersonated online by a Drug Enforcement Agency officer without her knowledge. Republicans have a choice to make over the Patriot Act. Online giant Amazon is calling for changes to draft legislation from Republicans on new Internet rules, suggesting the measure could be ineffective and place too many limits on the FCC’s authority. Please send tips and comments to Julian  Hattem, jhattem@thehill.comand Mario Trujillo, mtrujillo@thehill.com Follow us on Twitter: @HilliconValley, @jmhattem