Lee Votes In Favor of Amending the ECPA
Nov 29, 2012
Today at the Senate Judiciary Committee markup, Senator Mike Lee (R-UT) voted in favor of amending the Electronic Communications Privacy Act (ECPA) to require that the government obtain a warrant to access the contents of a person's email. The measure, which was favorably reported out of the committee, would eliminate the “180-day rule” that currently allows government agencies to access emails older than 180 days with only an administrative subpoena or other similar request.
Lee To Testify at Hearing on Obama’s Abuse of Power
Sep 12, 2012
Today, Senator Mike Lee (R-UT) will testify at a hearing before the House Judiciary Committee on the “Obama Administration’s Abuse of Power.”
Senator Lee will discuss the essential duty of the legislature to ensure that the executive branch does not exceed its rightful authority, a duty that has become even more important with President Obama in office.
“In recent decades we have witnessed the executive branch claim for itself more and more government power. But this trend has reached new, disturbing levels under the current administration. President Obama has treated the Constitution’s separation of powers as if it were a matter of convenience that may be ignored when it gets in his way. Rather than cooperating with Congress or respecting the Constitution’s separation of powers, he has in many instances chosen to go it alone and in the process has exceeded the proper bounds of executive power.”
Senator Lee will discuss President Obama’s unconstitutional recess appointments; his action to obstruct legislative oversight of his administration, including his abusive assertion of executive privilege with respect to Operation Fast & Furious documents; and his unilateral decision to issue an executive order contravening Congress’s immigration policy.
Senator Lee’s written testimony states, “As these examples demonstrate, when faced with opposition from Congress, President Obama has repeatedly sought to go it alone. It is thus all the more necessary and important that Congress continue to exercise its constitutional role and check this President’s abuse of power.”
The hearing will stream live from here at 10am ET, and full text of Senator Lee’s testimony is attached.
Senator Lee will discuss the essential duty of the legislature to ensure that the executive branch does not exceed its rightful authority, a duty that has become even more important with President Obama in office.
“In recent decades we have witnessed the executive branch claim for itself more and more government power. But this trend has reached new, disturbing levels under the current administration. President Obama has treated the Constitution’s separation of powers as if it were a matter of convenience that may be ignored when it gets in his way. Rather than cooperating with Congress or respecting the Constitution’s separation of powers, he has in many instances chosen to go it alone and in the process has exceeded the proper bounds of executive power.”
Senator Lee will discuss President Obama’s unconstitutional recess appointments; his action to obstruct legislative oversight of his administration, including his abusive assertion of executive privilege with respect to Operation Fast & Furious documents; and his unilateral decision to issue an executive order contravening Congress’s immigration policy.
Senator Lee’s written testimony states, “As these examples demonstrate, when faced with opposition from Congress, President Obama has repeatedly sought to go it alone. It is thus all the more necessary and important that Congress continue to exercise its constitutional role and check this President’s abuse of power.”
The hearing will stream live from here at 10am ET, and full text of Senator Lee’s testimony is attached.
KOHL, LEE OUTLINE ANALYSIS OF UNIVERSAL-EMI MERGER IN LETTER TO FTC
Aug 3, 2012
WASHINGTON – U.S. Senators Herb Kohl (D-WI) and Mike Lee (R-UT), chairman and ranking member of the Senate Antitrust, Competition Policy and Consumer Rights Subcommittee, today outlined their analysis of the pending acquisition of EMI Group by Universal Music Group in a letter to the chairman of the Federal Trade Commission (FTC), which is currently reviewing the merger. The subcommittee convened a hearing on June 21, 2012 to consider the sale of EMI’s recorded music business to Universal, and its impact on competition, artists, and consumers.
“This letter summarizes the findings of our investigation into this transaction. In brief, without reaching any final judgment as to the legality of the deal under the antitrust laws, we believe this proposed acquisition presents significant competition issues that merit careful FTC review to ensure that the transaction is not likely to cause substantial harm to competition in the affected markets. In the course of this review, we also urge the Commission to be mindful of the changes in the music industry in the last decade, particularly the shift to online distribution as the preferred way consumers purchase music,” the Senators wrote.
“This letter summarizes the findings of our investigation into this transaction. In brief, without reaching any final judgment as to the legality of the deal under the antitrust laws, we believe this proposed acquisition presents significant competition issues that merit careful FTC review to ensure that the transaction is not likely to cause substantial harm to competition in the affected markets. In the course of this review, we also urge the Commission to be mindful of the changes in the music industry in the last decade, particularly the shift to online distribution as the preferred way consumers purchase music,” the Senators wrote.
Lee Opening Statement on DOJ Antitrust AAG Nominee Hearing
Jul 26, 2012
Today we consider the nomination of William Baer to be the next Assistant Attorney General over the U.S. Department of Justice’s Antitrust Division. This is a position of enormous significance. Since its establishment nearly 80 years ago, the Antitrust Division, together with the Federal Trade Commission, has been tasked with the enforcement of our nation’s antitrust laws.
Recent Settlement over Bank Interchange Fees Demonstrates Adequacy of Existing Antitrust Laws to Remedy Alleged Anticompetitive Behavior
Jul 25, 2012
WASHINGTON, DC – Today, Senator Lee made the following statement regarding the recent settlement of an antitrust dispute between a group of retailers and credit card companies.
Consumers benefit when free market forces are allowed to determine prices. As a result, lawmakers shouldn't interfere with those competitive forces. Existing antitrust remedies are generally sufficient to address particular instances of anticompetitive conduct and restore competitive balance. I believe the government ought not be in the business of picking winners and losers in the marketplace, especially since legislation addressing specific allegations of anticompetitive behavior can result in broad and unintended negative consequences.
These principles apply to the market for credit cards, including the market for the interchange fees that retailers pay credit card companies and banks for the use of those cards. Last week’s settlement agreement between Visa and MasterCard on the one hand, and retailers on the other, demonstrates the adequacy of existing antitrust law to remedy alleged anticompetitive behavior. This settlement was negotiated in an effort to restore competitive market balance and will allow credit card companies and retailers to get back to work serving consumers.
Consumers benefit when free market forces are allowed to determine prices. As a result, lawmakers shouldn't interfere with those competitive forces. Existing antitrust remedies are generally sufficient to address particular instances of anticompetitive conduct and restore competitive balance. I believe the government ought not be in the business of picking winners and losers in the marketplace, especially since legislation addressing specific allegations of anticompetitive behavior can result in broad and unintended negative consequences.
These principles apply to the market for credit cards, including the market for the interchange fees that retailers pay credit card companies and banks for the use of those cards. Last week’s settlement agreement between Visa and MasterCard on the one hand, and retailers on the other, demonstrates the adequacy of existing antitrust law to remedy alleged anticompetitive behavior. This settlement was negotiated in an effort to restore competitive market balance and will allow credit card companies and retailers to get back to work serving consumers.
The Universal Music Group/EMI Merger and the Future of Online Music
Jun 21, 2012
Senator Mike Lee (R-UT) today highlighted the challenges facing the music industry and identified important issues relating the Universal Music Group’s proposed acquisition of EMI’s record label.
Lee Backs Calls for Enforcing “Leahy-Thurmond Rule” on Judges
Jun 14, 2012
WASHINGTON – Today, Senator Mike Lee responded to reports that Senate Republicans would begin enforcing the “Leahy-Thurmond Rule,” an historic practice in presidential years when the Senate stops confirming certain judicial nominees.
“I am pleased that the Republican caucus has decided to enforce the Leahy-Thurmond rule and cease confirming appeals court nominees until after the presidential election,” said Lee, a member of the Judiciary Committee. “It is particularly important that we do so now in light of the unconstitutional ‘recess’ appointments President Obama made earlier this year. The President must be held accountable for his unprecedented and illegitimate assertion that he may unilaterally determine when the Senate is in session. I join Leader McConnell, Senator Grassley, and others in opposing President Obama’s abuse of power and curtailing additional appellate confirmations between now and the election.”
Lee Opposes Nomination of Andrew Hurwitz
Jun 12, 2012
Today, Senator Mike Lee spoke on the Senate floor opposing the nomination of Andrew Hurwitz for the U.S. Court of Appeals for the Ninth Circuit. Senator Lee noted that Mr. Hurwitz has closely associated himself with the misguided reasoning behind the controversial abortion rights decision in Roe v. Wade.
Lee: Verizon/Cable Deal Appears Procompetitive and Likely to Benefit Consumers
May 24, 2012
Although antitrust law is by its very nature forward looking, unmoored speculation must not be allowed to overtake rational economic analysis.
Statement of U.S. Senators Herb Kohl and Mike Lee on the EU’s Announcement Regarding Google
May 21, 2012
We are pleased that the EU is working with Google to develop a set of voluntary solutions to the search engine’s problematic practices, including those that we identified at our September 2011 hearing.
