FTC faces setback in bid to block Meta’s acquisition of VR developer Within

The Federal Trade Commission has suffered a setback in its attempt to prevent Meta from buying Supernatural developer Within Unlimited. According to Bloomberg, a federal court this week denied the agency’s request for a preliminary injunction to block …

The US government is reportedly cracking down harder on exports to Huawei

The United States government has reportedly stopped issuing licenses that allow companies in the country to export to Huawei, according to The Financial Times. If you’ll recall, the Trump administration added the company to the “entity list,” making it ineligible from receiving exports from the US without a license. The US commerce department issued some companies like Qualcomm licenses to provide Huawei with American tech unrelated to 5G networks since then — Qualcomm, for instance, supplies Huawei with 4G chips for smartphones. But the government is reportedly looking to impose a total ban on the sale of American tech to the Chinese firm, and this expanded restriction is a step towards making that happen. 

The US government adds companies to the entity list if it believes they are involved in or “pose a significant risk of being or becoming involved in, activities contrary to the national security or foreign policy interests of the United States.” It has previously accused Huawei of having deep ties with the Chinese government and warned allies that the 5G equipment it makes could be used to spy on other countries and companies. Huawei has repeatedly denied the accusation. 

It’s not entirely clear why the US government is moving towards a total ban, if this report is indeed true, but the Biden administration seems to be taking a tougher stance on China compared to its predecessor. Last year, it introduced new rules that prohibit the export of powerful semiconductors that could be repurposed for military use, as well as chipmaking equipment, to China and Russia. One possible reason is that Huawei, The Times says, is backing projects that aim to build a semiconductor supply chain in its country that doesn’t rely on imports. A former CIA official also told the publication that the government is probably looking to expand the existing export ban, because Huawei is a totally different company from when it was added to the entity list.

Huawei’s focus back then was on 5G technology, but it has since changed gears to prioritize its enterprise and government businesses, including a cloud service, to survive the trade ban. Being added to the blacklist had a huge impact on Huawei’s revenues in 2021, but company executive Eric Xu said the manufacturer was able to pull itself “out of crisis mode” in 2022 and expects to go back to “business as usual” this year. A total ban could very well put Huawei back into crisis mode, and it would likely affect the revenues of its US suppliers, as well. That said, the Chinese company might have some time to prepare, depending on when the export licenses that had already been issued will expire.

A commerce department spokesperson didn’t confirm whether it has truly stopped issuing licenses to American firms, telling The Times that it “continually assess[es] its policies and regulations.” A source told Reuters, however, that US officials are in the midst of crafting new policies that would prohibit shipments to Huawei below the 5G level. The new restrictions would reportedly cover products and components related to 4G, WiFi 6 and 7, AI, as well as cloud and high-performance computing. 

Senator Manchin aims to close battery loophole around the $7,500 EV tax credit

Senator Joe Manchin, chairman of the Senate Energy and Natural Resources Committee, has introduced a new bill that squashes a small loophole around the Inflation Reduction Act’s (IRA) $7,500 EV tax credit. The new credits are restricted to cars with final assembly in the US, as well as those with a certain amount of North American battery content (an amount that increases every year). But, the U.S. Treasury has delayed its final rules on battery guidance until March, which means EVs with foreign batteries can still receive the full $7,500 in credits until then. Manchin’s legislation, dubbed the American Vehicle Security Act (AVSA), would push the battery requirement back to January 1st.

“It is unacceptable that the U.S. Treasury has failed to issue updated guidance for the 30D electric vehicle tax credits and continues to make the full $7,500 credits available without meeting all of the clear requirements included in the Inflation Reduction Act,” Manchin wrote a statement. “The Treasury Department failed to meet the statutory deadline of December 31, 2022, to release guidance for the 30D credit and have created an opportunity to circumvent stringent supply chain requirements included in the IRA. The IRA is first-and-foremost an energy security bill, and the EV tax credits were designed to grow domestic manufacturing and reduce our reliance on foreign supply chains for the critical minerals needed to produce EV batteries.”

If it’s passed, the bill would be disappointing news for anyone who rushed out to buy an EV before March (something plenty of car publications were suggesting). As Autoblog notes, the AVSA doesn’t touch on the other IRA loophole, which also allows for the full credit for leased cars built outside of the US. But given Manchin’s early obstruction to the IRA, as well as his push against lax battery rules, it wouldn’t be surprising to see another bill in the works.

Massachusetts bills would set a minimum wage for rideshare drivers

Massachusetts politicians are still pushing for better working conditions for ridesharing drivers. New bills in the state House and Senate would not only pursue collective bargaining rights across companies, as with past measures, but would guarantee a minimum wage, paid sick leave and other benefits. Companies like Uber and Lyft would also have to cover some driver expenses and pour money into the government’s unemployment insurance system.

The new legislation wouldn’t decide whether drivers are employees or independent contractors. However, Senate bill co-sponsor Jason Lewis told the State House News Service his bill would establish requirements that apply regardless of a driver’s status. Previous bills would have tasked workers with negotiating for benefits that are now included, Lewis says.

Massachusetts sued Uber and Lyft in 2020 for allegedly misclassifying drivers as contractors and denying protections granted under state labor law. The companies responded with a proposed ballot measure that would have offered benefits in return for requiring that drivers be treated as contractors. The state’s Supreme Judicial Court rejected that proposal last June.

We’ve asked Uber and Lyft for comment. In a statement, the Service Employees International Union (a bill proponent) says the bill “rewrites the rules” and gives condition drivers have sought for over a decade. The Massachusetts Coalition for Independent Work, an industry-run organization that opposes the legislation, previously claimed that measures granting employee status don’t reflect a “vast majority” of drivers that want to remain contractors. The coalition prefers bills that would bring the anti-employee ballot proposal to the legislature as well as create portable benefit accounts.

The state has been one of the major battlegrounds for ridesharing work conditions, but it’s only one part of a larger fight. Uber and New York City’s Taxi and Limousine Commission have fought over pay raises, while a California law meant to reclassify many gig economy workers as employees has faced unsuccessful attempts to carve out exemptions for companies like Uber and Lyft.

Biden administration announces conditional $700 million loan for Nevada lithium mine

What could become only the second lithium mine in the US received backing from the Biden administration this week. In an announcement spotted by Bloomberg, the Department of Energy said it would provide mining company Ioneer with a conditional loan val…

FAA’s NOTAM computer outage affected military flights

On January 11th, the Federal Aviation Administration paused all domestic departures in the US after its Notice to Air Missions (NOTAM) system failed. The agency later revealed that the outage was caused by a database file that was damaged by “personnel who failed to follow procedures.” Now, according to a new report from The Washington Post, the database failure also created issues for tools used by US military pilots. 

One of the affected systems was the Defense Internet NOTAM Service (DINS), which typically comes with FAA alerts regarding flight hazards. During the outage, military pilots were either getting NOTAMs in duplicates or not getting any at all. The Post said an FAA bulletin notified military users that the system had become “impaired and unreliable.” Unlike civilian flights, which had to be grounded, military flights can proceed in situations like this. An Air Force spokesperson told the outlet that the military branch’s pilots had to call around to ask for potential flight hazards themselves. 

The outage had also erased all NOTAMs submitted to the system starting on Tuesday afternoon, so airports and air traffic controllers were asked to re-submit them. Further, the FAA had to deal with delays and other challenges after the system went back up due to a “high system load.”

The FAA is still verifying what caused the outage, but The Post said it’s looking like the contractors truly made mistake and that there was no malicious intent behind their actions. Lawmakers are using this opportunity to put a spotlight on the FAA’s outdated technology and to seek funding for upgrades. The computer system that failed and led to the outage is already three decades old, and according to CNN, it’s also at least six years away from getting an upgrade. It remains to be seen if the incident will change that timeline.

House Republicans form panel to shape crypto policy

Now that Republicans have control of the House of Representatives, they’re hoping to set the agenda for crypto. Financial Services committee Chair Patrick McHenry (above) has announced a Subcommittee on Digital Assets, Financial Technology and Inclusion that aims to set policy for technologies like cryptocurrency. Headed by Rep. French Hill, the panel hopes to establish “clear rules of the road” for federal regulators, create policies that bring financial technology to poorly served communities and bolster diversity and inclusiveness in digital assets.

In an interview with Politico, McHenry said he was creating the subcommittee to address a “big hole” in Financial Services’ approach to crypto issues. McHenry considers crypto regulation his main legislative priority, and panel chair Hill has led the GOP’s investigation of a potential central bank-backed cryptocurrency.

The move comes as regulators struggle to find common ground on crypto. While agencies like the Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC) agree that digital assets are subject to existing laws, there have been tussles over just who should step in and when. Senators put forward a bill that would create a clear regulatory framework, but it has been stuck in committee.

There’s pressure on the House subcommittee to act. The implosion of crypto giant FTX has underscored the risks of letting the technology go unchecked. Officials are also investigating major industry names like Celsius and Coinbase over possible rule violations. Clearer rules would theoretically improve the federal government’s responses to violations like these.

It’s uncertain how effective the House panel will be. While there are crypto proponents across both main parties, the Democrats’ expanded control of the Senate could prevent bills from becoming law if there are any substantial disagreements. Both sections of Congress have to pass and reconcile legislation before it reaches the President’s desk. The very existence of the subcommittee suggests that Congress is taking crypto more seriously, however, and there’s a chance it could accelerate bipartisan efforts to oversee digital money and tokens.