skip to content
toms-tech-report

Tom's Tech Report

by Tom · federal tech & AI policy

What Washington is doing to tech, and what it means for the people who build it. I read the bill text, the FTC complaint and the BIS rule, then tell you what actually changes for the people shipping products.

$ ls posts/ | wc -l → 31 posts since Jun 2026

BIS Pushes the 50 Percent Affiliates Rule to January 10. Your Screening Problem Didn't Move.

  • BIS filed a rule on November 5 extending the Affiliates Rule suspension from November 9, 2026 through January 10, 2027.
  • The rule itself is unchanged: entities 50 percent or more owned by Entity List parties are treated as listed once it comes back.
  • The 2025 rule creates an affirmative duty to determine ownership, and liability is strict.
  • The extension rule gives no reason beyond the new date and does not say what happens after January 10.

read the post · 6 min

DHS Ordered Acronis Out of Civilian Agencies. Unlike DeepSeek, the Backup Software Gets 180 Days.

  • DHS Order #2026-02, released July 31 and published October 30, bars civilian agencies from buying Acronis products and orders them removed.
  • Agencies get 180 calendar days to remove Acronis, which Nextgov/FCW puts at January 27, 2027. DeepSeek's order said remove immediately.
  • The order reaches covered articles supplied "directly or indirectly" by Acronis and systems contractors operate for agencies.
  • Contractors reach it through FAR 52.204-30: quarterly SAM.gov checks, reasonable inquiry and a 3-business-day report.

read the post · 5 min

The FCC Will Let a STOP Reply Cover One Kind of Text. Your Messaging Code Has to Know Which Kind.

  • From November 25, an opt-out from one category of informational texts or calls can be limited to that category; marketing opt-outs still stop all marketing.
  • Senders may name one exclusive opt-out channel (reply words, key-press or a site or number) if they disclose it in every message.
  • The same order asks whether to cut the ten-business-day deadline, ban one-way texting and require a one-step 'revoke all' option. Comments are due November 25.
  • TCPA damages run $500 per violation, and courts aren't bound by the FCC's reading of the statute.

read the post · 6 min

The FCC's Upper C-Band Transition Plan Rule Is Live. Three Satellite Filings Will Set the Bill for Bidders.

  • The Upper C-band rule requiring satellite transition plans took effect October 29; other paperwork pieces of the order still await OMB approval.
  • SES, Eutelsat and Telesat file plans November 5; public comments are due November 30.
  • Auction 115 winners will owe relocation costs, $6.3 billion in incentives and aircraft altimeter rebates on top of their bids.
  • Private networks and IoT won't count toward buildout, and device power in 3.7-4.14 GHz doubles to 2 watts.

read the post · 6 min

The Copyright Office Will Renew Every DMCA Exemption but One. Medical Device Repair Has to Start Over.

  • The Copyright Office intends to recommend renewing every existing Section 1201 exemption except medical device repair, which goes back through full comment.
  • Ten proposed classes are open for comment, including removing post-sale ads from devices, routing home camera video to a local server and keeping devices alive after a maker drops support.
  • Device makers' new argument: service software is a separate work, behind separate locks, sold in its own market.
  • Comments are due December 7, 2026; opposition February 22, 2027; replies March 22, 2027.

read the post · 5 min

DHS Ordered DeepSeek Out of Civilian Agencies. The Order Also Covers Products 'Developed Using' It.

  • DHS Order #2026-01, released July 24 and published October 20, bars civilian agencies from buying DeepSeek products and orders them removed from agency IT.
  • Removal also covers "third-party products and services developed using DeepSeek implementations," an undefined phrase.
  • Federal contractors reach the order through FAR 52.204-30: no covered products in performance, reasonable inquiry, and a 3-business-day report.
  • The FASC rule lets orders reach prime contractors and subcontractors at any tier, and contractor-operated systems.

read the post · 6 min

The FTC's LiveRamp Order Keeps the Old Products Neutral. New Publicis Integrations Sit Outside It.

  • The FTC accepted a proposed consent order on October 19 letting Publicis buy LiveRamp for about $2.2 billion, with five years of non-discrimination and data firewall duties.
  • Publicis can't use LiveRamp customer data to develop, train or improve its own products unless the customer expressly authorizes it.
  • The neutrality duty covers LiveRamp's standalone products. New products Publicis builds with LiveRamp can go to whichever customers Publicis chooses.
  • Comments are due November 23. WPP and Omnicom are already moving off LiveRamp, according to Marketing Dive.

read the post · 6 min

The FCC Waived CBRS Sensor Rules for Hurricane Isaias. Its Own Footnote Lists 20 Earlier Waivers.

  • The FCC let Federated Wireless treat six protection zones in Isaias's path as 'inactive' while Hurricane Isaias outages take its sensors offline, until October 23 at the latest.
  • Without the waiver, a sensor that can't tell whether the Navy is transmitting must switch the zone on, which Federated said would hit about 10,000 CBRS devices.
  • The order cites 20 earlier waivers since 2022, and the 2026 orders repeat the same five conditions nearly word for word.
  • If you run a private network on CBRS, a power cut at someone else's sensor site is one of your outage modes.

read the post · 6 min

The ITC Opened a Face ID Case Against Apple. The Scope Names the Lasers, Not Just the Phones.

  • The ITC instituted Inv. No. 337-TA-1525 on October 5, naming Apple as the only respondent; trinamiX wants a limited exclusion order and cease and desist orders.
  • The accused products are iPhones and iPads plus components such as the processor, TrueDepth VCSEL, flood illuminator and near-infrared camera module.
  • One commissioner wanted public interest evidence gathered from the start because of the technology's role in 'privacy, safety, and security.'
  • The ITC told its judge to look hard at trinamiX's U.S. industry claim, including spending by third parties and outside the United States.

read the post · 5 min

FinCEN Dropped Its Crypto Mixer Rule. The Definition It Wrote Would Have Covered a Lot of Ordinary Code.

  • FinCEN withdrew its 2023 crypto mixer proposal and its finding that foreign mixing is of primary money laundering concern, effective Oct. 6, 2026.
  • The same day it withdrew the December 2020 unhosted wallet proposal and said it will take no further action on it.
  • The mixer notice keeps the door open: FinCEN will keep monitoring and may act in the future.
  • The 2023 definition covered any 'code, tool, or function' that obscured a transaction's source, destination or amount.

read the post · 5 min

FMCSA Let Driverless Trucks Skip the Warning Triangles. The Exemption Reads Like a Hardware Spec.

  • FMCSA granted a five-year exemption (Oct. 7, 2026 to Oct. 7, 2031) letting Level 4 driverless trucks use cab-mounted beacons instead of warning triangles.
  • Any Level 4 carrier can use it after a written notice to FMCSA signed under penalty of perjury. No approval step follows.
  • The conditions read like a spec: amber SAE J595 Class 1 lights at least 100 inches up, redundant power, activation within five minutes, crash reports within five days.
  • OOIDA and safety groups opposed it; FMCSA says triangles' own safety value has never been well measured.

read the post · 5 min

The Copyright Office Opened a Streaming Fraud Inquiry. Question 2 Asks What the Industry Gets Wrong.

  • The Copyright Office's notice of inquiry on music streaming fraud (Docket No. 2026-6) asks ten sets of questions for Congress. Comments close November 23, replies December 21.
  • It asks about KYC, a shared database of known fraud, labels for content ineligible for statutory royalties, and no-fault injunctive relief.
  • Rep. Fitzgerald's request centered on generative AI; the notice treats AI as one subject among ten.
  • It landed a day after Michael Smith's 18-month sentence for bot-streaming AI-generated tracks.

read the post · 5 min

DHS Proposes a $70,000 Fee Before Any Student Can Start OPT. Schools Pay It, and Employers May End Up Covering It.

  • DHS proposes that colleges pay $70,000 per F-1 student before a first OPT recommendation and $30,000 for each later one, STEM extension included. Comments close November 9.
  • The fee is not tied to an employer, but DHS says schools may pass it to students or employers.
  • DHS estimates $8.4 billion to $16.5 billion a year in fees and says the amount was set to be comparable to the $100,000 H-1B payment, which was extended to September 2027.
  • NAFSA says the proposal will hurt innovation and economic growth and plans detailed comments.

read the post · 5 min

The FTC Wants to Know What Your Ad Tools Do for Scammers. Its Definition of 'Platform' Is Wide.

  • An FTC advance notice (91 FR 62347) asks whether platforms whose ad-optimization tools further government and business impersonation scams should face a rule. Comments close November 30.
  • 'Platform' means any public-facing site or app selling paid ads or listings, not just the five big names in the footnote.
  • Options on the table include advertiser verification, pre-posting review, takedown duties and a safe harbor for platforms that do all of it.
  • The FTC argues ad-optimization services may fall outside Section 230; ICLE's Daniel Gilman says the agency should have asked questions before announcing a rulemaking.

read the post · 6 min

Drone Exports Got Easier and Drone Imports Got Pricier on the Same Day. Your Bill of Materials Sits in Between.

  • BIS raised the national security line for civil drones from 30 minutes of endurance to three hours, effective August 13. Drones below it ship license-free to most countries.
  • Thermal imagers, certain lasers and inertial sensors keep a drone under national security controls at any endurance.
  • The same day, a Section 232 proclamation set 100 and 25 percent tariffs on imported drones from September 3, and 25 percent on Annex III components from February 9, 2027.
  • If you build drones here with imported motors, batteries or docks, both actions land on you at once.

read the post · 6 min

everything else, by month →