Overnight Tech: Bill would require warrants for border phone searches | Qualcomm wants antitrust case gone | Ex-Obama defense chief seeks tech help for Pentagon

NEW BILL TO STOP WARRANTLESS PHONE SEARCHES AT BORDER: A bipartisan group of lawmakers has introduced legislation that would require law enforcement agencies to obtain a warrant before searching the digital devices of Americans trying to reenter the United States.

The practice of U.S. Customs and Border Protection (CBP) agents asking for passwords to search the digital devices of Americans seeking entry into the United States has attracted significant media attention and raised concerns among privacy advocates in recent months.

Sens. Ron Wyden (D-Ore.) and Rand Paul (R-Ky.) introduced legislation on Tuesday that cites the 2004 Supreme Court case Riley v. California, in which the court ruled that law enforcement needed a warrant to search an electronic device in the case of an individual’s arrest.

The bill, a version of which Reps. Jared Polis (D-Colo.) and Blake Farenthold (R-Texas) introduced in the House, states that the principles of the Supreme Court decision extend to searches of Americans’ digital devices at the border.

{mosads}The legislation, called the Protecting Data at the Border Act, also states that Americans must be made aware of their rights before they agree to give up passwords, social media account names or other digital account information or to hand over their devices to law enforcement.

“Americans’ Constitutional rights shouldn’t disappear at the border,” Wyden said in a statement. “By requiring a warrant to search Americans’ devices and prohibiting unreasonable delay, this bill makes sure that border agents are focused on criminals and terrorists instead of wasting their time thumbing through innocent Americans’ personal photos and other data.”

Read more here.

Please send your tips, comments and praise to Ali Breland (abreland@digital-release.thehill.com) and Harper Neidig (hneidig@digital-release.thehill.com) and follow us on Twitter: @alibreland, @hneidig  and @HilliconValley. We’re also on Signal. Email or DM us for our numbers.

QUALCOMM ASKS FOR DISMISSAL OF ANTITRUST SUIT: Qualcomm is asking a federal judge to dismiss an antitrust lawsuit filed by the Federal Trade Commission during the last days of the Obama administration.

The FTC case, filed on January 17, alleged that the processing chip manufacturer, whose products are found in many cellphones, used its market strength to discourage phone companies from buying components from competitors.

Those actions, the FTC, alleged imposed an “anticompetitive tax” on phone makers.

On Monday night, Qualcomm filed a motion in federal court in California seeking to dismiss the case.

“Qualcomm has moved to dismiss the FTC complaint, filed just days before the change in administrations, pointing out that the complaint fails to plead a plausible antitrust claim and offers no facts or economic theories supporting a claim of competitive harm,” said Don Rosenberg, Qualcomm’s executive vice president and general counsel.

Read more here.

EX-OBAMA DEFENSE CHIEF CALLS FOR TECH-PENTAGON PARTNERSHIP: Former Defense Secretary Ash Carter on Tuesday called for strengthening ties between the government and Silicon Valley, saying it is “essential” to the country’s defense.

“The bridges between technology-driven change and government need to be repaired,” Carter said at an Atlantic Council panel, which coincided with the launch of the council’s new report, Keeping America’s Innovative Edge.

“The secretary of Defense needs to win the wars and meet the security challenges of today … but also to meet the unforeseen challenges and opportunities that an unpredictable future might hold,” Carter continued. “To me, that meant ensuring that my successor … continues to have what I inherited from my predecessors, the finest fighting force the world has ever known.”

Read more here.

INFRASTRUCTURE PACKAGE MAY COME SOON: President Trump’s massive infrastructure package could be bigger than expected and be released as early as next month, according to the administration. Trump had called on Congress to move legislation that would generate $1 trillion worth of investment for U.S. roads, bridges and airports, but he signaled Tuesday that the figure could actually climb higher.

“We’re talking about a very major infrastructure bill for $1 trillion, perhaps even more,” Trump said during a town hall-style event with American business CEOs. The administration is still crafting the proposal, which wasn’t expected to take shape until after Congress tackled healthcare and tax reform. But since the House failed to move forward on ObamaCare repeal last month, the timeline for other priorities such as infrastructure could be sped up.

Read more here.

MCCARTHY TALKS TECH: At the White House on Tuesday, House Majority Leader Kevin McCarthy (R-Calif.) spoke on modernizing the government, arguing that the federal government should function like a Silicon Valley tech company.

“My vision is to have government as innovative as Google, as customer-centric as Apple, and as quick as Amazon… Our greatest strength is our president. We’ve got a disruptor,” McCarthy said praising Trump. He also said that he and other lawmakers were working on the Modernizing Government Technology Act.

THE NET NEUTRALITY FIGHT: Rep. Keith Ellison (D-Minn.) led a bipartisan letter signed by members of Congress including Silicon Valley Rep. Ro Khanna (R-Calif.) and Zoe Lofgren (D-Calif.) on Tuesday. In his letter, the newly minted DNC deputy chairman urged FCC Chairman Ajit Pai to uphold net neutrality and the Title II reclassification of broadband providers as common carriers. Pai has criticized net neutrality measures passed under former Obama-era Chairman Tom Wheeler and has taken shots specifically at the Title II reclassification, which gives the FCC jurisdiction to regulate internet service providers. Many expect Pai to undo the reclassification. Republicans in Congress have also indicated a strong interest in doing so.

BSA LAUNCHES FOUNDATION: The Business Software Alliance, a D.C. trade group representing companies like Apple, IBM and Microsoft, launched a new foundation, Software.org, on Tuesday. The research organization will focus on “conversations about how evolving technologies enable growth and fostering the right educational environment in our schools to build the tech workforce of the future.” Members of the board include prominent tech policy players like Jim Green, senior vice president, government affairs & public policy at Salesforce.com; Fred Humphries, corporate vice president, US government affairs at Microsoft; and Christopher Padilla, vice president, government and regulatory affairs at IBM.

ON TAP:

The House Energy and Commerce Committee will hold a hearing on the wireless economy at 10 a.m.

FCC Chairman Ajit Pai will give a speech on economics and communications policy at 11:45 a.m.

IN CASE YOU MISSED IT:

Trump signs internet privacy repeal

Google paid former self-driving car executive $120M

Dem super PAC hits GOP senators over internet privacy repeal

Trump takes aim at visa program for high-skilled workers

Motherboard investigates how some fake VPNs are taking advantage of privacy concerns

Dems sound alarm over proposed cuts to energy office handling cybersecurity