mr. blumenthal. mr. booker. >> no. >> mr. chairman. sen. grassley: aye. >> the votes are 16 yeas, 5 nays. sen. grassley: with the majority vote, he will be reported to the floor. the clerk will call roll. >> mr. hatch. >> aye. >> mr. cornyn. >> aye. >> mr. cruz. sen. grassley: aye by proxy. >> mr. flake. >> aye. >> mr. kennedy. >> aye. >> mrs. feinstein. >> aye. >> mr. durbin. >> aye by proxy. >> ms. klobuchar. >> aye. >> mr. blumenthal. aye. >> mr. booker. >> aye. >> ms. harris. >> aye. >> mr. chairman. sen. grassley: aye. >> the votes are 21 yeas, no nays. sen. grassley: with that>> mr. . >> unanimous vote, obviously this candidate for the seventh circuit will be reported to the floor. the court will call the roll. >> mr. lee. >> aye. >> mr. cruz. sen. grassley: aye by proxy. >> mr. tillis. >> aye. >> mr. kennedy. >> aye. >> mrs. feinstein. >> aye. >> mr. gergen. -- mr. durbin. >> aye by proxy. >> mr. blumenthal. >> aye. mr. chairman. aye.grassley: >> 21 yeas, no nays. roll onk will call the cj williams, northern district of iowa. sen. gr

mr. thune: senator blumenthal is up next, we'll continue. mr. blumenthal: you have told us today and told the world that facebook was deceived by alexander cogan when he sold user information to cambridge an lit ka, correct? -- analytica, correct? mr. blumen thaul: i want to show ou the terms of service that facebook.cogan gai to facebook was on notice that he could sell that information. have you seen the terms of service before? mr. zuckerberg: i have not. mr. blumenthal: who in facebook was responsible for seeing those terms of servais vist that put you on notice that that information could be sold? mr. zuckerberg: our app review team would be responsible for mr. blumen thaul: has anyone been fired on that app review team? mr. zuckerberg: not because of this. mr. blumenthal: doesn't that term of service conflict with e f.t.c. order that facebook was under at the time this terms of service was provided to facebook and you'll note that the f.t.c. order requires facebook to protect privacy, isn't there a conflict there? mr. zuckerberg: senator, i

mr. blumenthal: mr. president. the presiding officer: the senator from connecticut. mr. blumenthal: thank you, mr. president. i'm here to talk about money and politics and even more insidiously and potentially perniciously money in government. the money in politics begins with the president's nominee to be secretary of state, mike pompeo. and i want to suggest to my colleagues that they read an article that appeared in open secrets.org, the center for responsive politics. i ask that it be made part of the record. the presiding officer: without objection. mr. blumenthal: with the headline trump picks top koch recipient for secretary of state. and it says, quote, former kansas congressman whose political career was paid by koch industries, end quote, received more money than others in similar situations. the reasons to vote against mike pompeo are many, but one of the principal ones is that he was one of the chief recipients of money from the koch brothers or their organization. in fact, since his first bid for congress in 2010, pompeo has received $400,000 from koch indust

mr. blumenthal: thank you, mr. president. mr. president, i'm here to oppose the nomination of kyle duncan -- the presiding officer: senator, we are still in a quorum call. mr. blumenthal: i apologize. i ask that the quorum call be lifted. the presiding officer: without objection. mr. blumenthal: thank you, mr. president. i'm here to oppose the nomination of kyle duncan to be a judge on the united states circuit court for the fifth circuit, the court of appeals for that are circuit and every other in our country is supremely important to people, not only who live within its direct jurisdiction but all the people of our country. courts of appeals make decisions that are binding on the district courts in that jurisdiction but also have impact on other judges and courts throughout the country at every level. the trump administration, from day one, has made attacking basic civil liberties a guiding principle of the policies it supports, including its judicial nominees. it is inexcusably seeking to turn back the clock on the progress t

mr. blumenthal would've been in contact with nation to the. >> news today about the memos in the presidentted about that. he said the memos are classified come i did not declassify them. therefore he broke the law. additionally he made up some the things he said i said an already a proven liar and leak it liquor. where are e-mails on the others. >> the president has a point. it seems as though comey took meticulous notes. he voices concerns about loretto lunches concern. but i wonder where the notes are regarding those meetings. if he has notes about his testimony with hillary clinton. there's a lot of questions. this book tour has backfired for mr. comey. his facing questions and an internal probe over whether healy classified information. >> rick: he did admit to it to his body. >> he said he was careful to redact certain things for the memos that he kept says not to break the law and leaking it. but what mr. comey thinks man been sensitive information there may not be the same the justice department officials now investigating may declassify. >> there's calls for jeff sessions to invest

mr. blumenthal came out with the contract between cambridge analytica and facebook that showed clearly thatidge analytica was given all this data. now, it was supposed to be temporary and they were supposed to have destroyed the data at the end of the year. you have no way of checking whether you do or don't. once you give somebody your data, it's gone. >> and he said that the user agreement starts with you own your information. immediately lots of people pounced on that. people said i own it so i get a royalty when you sell it to someone else? he said you can take it down any time you want. he kept getting asked at that point. and we know you can't take your information back once it's out there. so this idea that he's trying to say you own it, that too struck me as disingenuous. >> it was certainly odd. yes, you can take down a photo you post but behind that is a bunch of data that is already out there. the focus by the senators on the user agreement i found to be a little bizarre. every time we update itunes, we say yes. none of us read it i'm sure. every platform we say yes to something

mr. blumenthal. >> no. >> ms. hirono. >> no. >> mr. booker. >> no. >> ms. harris. >> no. >> mr. chairman. >> no. >> mr. chairman, the votes with six yays, 16 nays. >> the amendment is defeated and we go to final passage. >> mr. president. >> just a minute, before you speak -- mr. chairman. whatever. whatever. >> if we do vote just so when senator cornyn is done if we do vote on it i will stay in session so speak can speak as long as they want to. >> excuse me, mr. chairman. it's topics like this that make me glad i'm on the senate judiciary committee. i think this is really the important role that this committee plays and while i disagree with the remedy prescribed, i do appreciate the chairman bringing this up and letting the committee debate it and vote on it. this is an important topic. i join all my colleagues on the committee and their concern over russian interference in the 2016 election and because of this i continue to believe that it's in the best interest of the country that the special counsel be allowed to complete his investigation and do so in a timely fashion. i

mr. chair. >> senator blumenthal. >> mr. chairman, thank you both for your service and to your family as well. admiral davidson, you lead the conference of review of the fatal collision that occurred in the pacific meaning that including two from connecticut in fact there was are you satisfied the navy is pursuing whatever measures were recommended as a result of those reviews? >> very much. they are leading and oversight council to make sure that those recommendations get an impact in just the last couple weeks the vice chief i company that once is been over on the hill to brief professional staff on both house and senate on the progress made so far. >> are you satisfied that sufficient resources have been dedicated to achieving those goals? >> the vice chief in a recent navy meeting to get the investments that were targeted for targeted to the right in the out years move left and he's having meetings this month to see what we might produce and achieve with sooner investment to get things done. >> speaking of investments yo

mr. chairman. >> thank you, senator sullivan. senator blumenthal? >> thanks, mr. chairman, welcome and thank you for your service. as you know, the united states has continued to reassure our partners in europe, our nato allies of americans' dead diagnosis that region in the face of russia's continuing belligerent and aggressive actions. transcom continues to support the presence of our presence in europe including aircraft, tanks, personnel so that we do joint exercises and demonstrate a joint resolve. i would like to know what capabiliti capabiliti capabilities russia has to interfere with our lojs igistic pipeline in europe and should we be more concerned about physical obstruction and manipulation that russia can present the potential destruction of our pipeline including the cyber realm but in other domains as we well. >> senator, because our contested environment war game allowed us to see more clearly, the problem set and how contested the world is we see access being one of those areas. if we look around the globe, in particular the european content, we're

mr. chairman. sen. inhofe: senator blumenthal. >> thinks mr. chairman, thank you both for your service and your families as well. admiral davidson, you have -- led theive review -- 17hensive review failures, including two from connecticut. are you satisfied that the navy is pursuing whatever measures were robert -- recommended as a result of those reviews? adm. davidson: very much. the vice chief and undersecretary of the navy are leading an oversight committee to make sure those recommendations get implemented. the vice chief has been over here on the hill to brief professional staff on what the house -- on the progress made so far. sen. blumenthal: are you satisfied that sufficient resources have been dedicated to achieving those goals? vice chiefon: the gave guidance in a recent meeting to give investments that were targeted further to the left.in -- moved he is having meetings to see what we might be able to produce and achieve sooner investment to get these things done. sen. blumenthal: you mentioned in your testimony that undersea warfare

senator blumenthal is up next, and we will commence. >> thank you, mr. chairman. thank you for being here today, mr. zuckerberg. you have told us today and you've told the world that facebook was deceived by alexander kogan when he sold user information to cambridge analytica, correct? >> yes. >> i want to show you the terms of service that alexander kogan provided to facebook, and note for you, that, in fact, facebook was on notice that he could sell that user information. vur seen these terms of service before? >> i have not. >> who in facebook was responsible for seeing those terms of service that put you on notice that that information could be sold? >> senator, our app review team would be responsible for that. >> has anyone been fired on that app review team? >> senator, not because of this. >> doesn't that term of service conflict with the ftc order that facebook was under at that very time, that this term of service was, in fact provided to facebook, and you'll note that the ftc order specifically requires facebook to protect privacy. isn't there a conflic

blumenthal. senator cruz. >> thank you, mr. chairman. mr. zuckerberg, welcome, thank you for being here. mr. zuckerberg, does facebook consider itself a neutral public forum? >> senator, we consider ourselves to be a platform for all ideas. >> let me ask the question again. does facebook consider itself to a neutral public forum and representatives of your company have given conflicting answers on this. are you a first amendment speaker expressing your views or a neutral public forum allowing everyone to speak? >> senator, lehr is how we think about this. i don't believe that -- there are certain content that clearly we do not allow. right? hate speech, terrorist content. nudity, anything that makes feel feel unsafe in the community. from that perspective that's why we generally try to refer to what we do as a platform for all ideas. >> the time is constrained. it's just a simple question. the predicate for section 230 immunity under the cda is that you are a neutral public forum. do you consider yourself a neutral republican forum or are you engaged in political speech which is your right u

senator blumenthal is up next, and we will commence. >> thank you, mr. chairman. thank you for being here today, mr. zuckerberg. you have told us today and you've told the world that facebook was deceived by aleksandr kogan when he sold user information to cambridge analytica, correct? >> yes. >> i want to show you the terms of service that aleksandr kogan provided to facebook. and note for you that in fact facebook was on notice that he could sell that user information. have you seen these terms of service before? >> i have not. >> who in facebook was responsible for seeing those terms of service that put you on notice that that information could be sold? >> senator, our app review team would be responsible for that. >> has anyone been fired on that app review team? >> senator, not because of this. >> doesn't that term of service conflict with the ftc order that facebook was under at that very time that this term of service was in fact provided to facebook, and you'll note that -- that the ftc order specifically requires facebook to protect privacy. isn't there a

senator blumenthal is up next, and we will commence. >> thank you, mr. chairman. thank you for being here today, mr. zuckerberg. you have told us today and you've told the world that facebook was deceived by alexander kogan when he sold user information to cambridge analytica, correct? >> yes. >> i want to show you the terms of service that alexander kogan provided to facebook. and note for you that in fact facebook was on notice that he could sell that user information. have you seen these terms of service before? >> i have not. >> who in facebook was responsible for seeing those terms of service that put you on notice that that information could be sold? >> senator, our app review team would be responsible for that. >> has anyone been fired on that app review team? >> senator, not because of this. >> doesn't that term of service conflict with the ftc order that facebook was under at that very time that this term of service was in fact provided to facebook, and you'll note that -- that the ftc order specifically requires facebook to protect privacy. isn't there a

mr. chair. >> senator kaine, also wanted to thank you for participating in the marine spouses meeting yesterday morning. appreciate your focus on the issue. senator blumenthal. >> thanks, mr. chairman. and i want to reiterate my thanks to all of the families as the numbers of deployments have increased and the proportion of americans involved directly in these wars over the last 15 years has diminished, we've been fighting a longer period of time in our history than ever before with a smaller part of the population which ex acts a heavy toll on our families and i appreciate your sensitivity to those issues and we need to do more and do better to support them. mr. secretary, in last years ndaa i required through an amendment that i offered or the ndaa did the navy to submit a report on how the maintenance backlog will be addressed. i know there has been some discussion already this morning. the report delivered in february stated, quote, the navy intends to execute all the workload program at the naval shipyards with no availability moving from public to the private sector. in the house armed services committee just last month you stated and acknowledged tha

mr. chairman. in response to senator blumenthal pointed questions, you refuse to answer whether facebook should be required by law to obtain clear permission from users before selling or sharing the personal information. so, i'm going to ask one more time. yes or no, should facebook get clear permission from users before selling or sharing sensitive information about your health, finances, your relationships? >> should you have to get their permission. that is essentially a consent decree with the federal trade commission. that you signed in 2011. you have to get permission and should the consumer have to opt in? senator, we do require permission to use the system and to put information in there and for all of it. i want to be clear we do not sell information. regardless of whether we can get permission to do that, it is just not anything we will go do. >> would you support legislation, i have a bill, senator blumenthal referred to a comedy consent act that would just put on the books a law that says facebook and any other company that gathers information about americans, has to get their permissi

mr. chair. >> thank you, senator kaine. senator blumenthal. >> thanks. m thank you both for your service and to your families as well. admiral davidson, you led the comprehensive review of the fatal collisions that occurred in the pacific, leading to the death of 17 sailors, including two from connecticut. in fact, i think there were two reviews. are you satisfied that the navy is pursuing whatever measures were recommended as a result of those reviews? >> yes, sir. very much. the vice chief and the undersecretary of the navy are leading an oversight council to make sure that that recommendations get inculcated. in fact, in just the last couple of weeks, the vice chief, i accompanied him once, has been over here on the hill to brief both professional staff on the house and senate side on the progress made so far. >> are you satisfied that sufficient resources have been dedicated to achieving those goals? >> the vice chief gave guidance in a recent navy meeting alone to try to get some of the investments that were targeted farther to the right in the fit

blumenthal: they for being here today mr. zuckerberg. you have told us today and you told the world that facebook was whenved by alexander kogan he sold use information to cambridge analytica, correct? mark: yes. >> i want to show you the terms of service that he provided to facebook. and note for you that in fact, facebook was on notice that he could sell that user information, have you seen these terms of service before? >> i have not. >> in facebook was responsible for seeing those terms of service that put you on notice? >> hour after the team would be responsible for that. center, nobody has been fired because of this. of servicethe term conflict with the ftc order? that facebook was under at that very time? that the terms of service was in fact, provided to facebook and ftc orderote that specifically requires facebook to protect privacy. is there a conflict there? that we should be aware that this app developer submitted a term that was in conflict with the rules of the platform. washat happened here willful blindness. which he was

facebook that senator blumenthal put up, showing, proving beyond a shadow of of a doubt he sold data. >> he told us that the platform changed in 2014. this is the testimony that mr. zuckerberg gave. this is the testimony i have to believe. however, i believe the message got through to mr. zuckerberg this is not going to be tolerated. if they can not getty business straight, we in congress will have to get it straight for them. david: so how do you create a wall between the customer data and advertisers who may go ahead and sell that data? >> well that is the kind of information that we're trying to gather. that is why we had mr. zuckerberg here, we wanted to know and that was a question asked of him. tell us what you will do to make sure this doesn't happen again? we need the assurance this will not happen. this is very serious. i think mr. zuckerberg to the the message in the three days he was here before congress. david: cambridge cambridge anala halves been a lot of focus of testimony. it was not just cambridge analytica, it was to the only them using it for political purposes. during obama election cam minute in 2012, officials bragged about it and media pat

mr. secretary. >> thank you, senator nelson. the majority and minority have agreed of the conclusion of remarks and questions. we will be adjourned. >> senator bloom -- after senator blumenthal, we will be adjourned. i want toumenthal: first and foremost apologize for being absent for a large part of the hearing. a lot has been going on in judiciary committee. i will ask one brief question, then perhaps supplement the record with others. any change in north korea's cyber activity since the diplomatic discussions concerning a meeting between kim and president trump? secretary mattis: we have not seen a change. i didn't specifically go in and look at this in the last week or two, but i get the reports routinely, frankly, so i cannot give you a good answer on that, but i can get back to you. --senator blumenthal: i have the impression over the years that cyber activity has mounted over the years. they've attacked us. i would be very interested in your response. i have other questions i would like to put to you for your long, invaluable attendance here and i'm going to spare you any for time, but thank you your service, thank you for all you do for the country. >> thank you, sen