[Congressional Record Volume 168, Number 30 (Tuesday, February 15, 2022)]
[Senate]
[Pages S692-S693]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                        Nomination of Gigi Sohn

  Mr. TILLIS. Madam President, I always strive to treat each and every 
nominee--regardless of party affiliation--with dignity and respect. I 
evaluate their credentials and make a decision on whether to support 
them based on their qualifications, their temperaments, and whether 
they will serve the interests of all of the American people.
  That is actually why, in my role on the Judiciary Committee, I have 
voted for almost half of President Biden's nominees. In my judgment, 
some were qualified and deserved confirmation, and in my judgment, some 
weren't. Again, I evaluate each nominee on an independent and fair 
basis. With this in mind, I hope my colleagues will take seriously what 
I have to say today.
  I rise to speak in opposition to, perhaps, one of the most radical 
nominees the President has put forward to date.

[[Page S693]]

I am talking about the nomination of Gigi Sohn to be an FCC 
Commissioner.
  Ms. Sohn is exactly the type of radical activist we should avoid 
confirming to lead any Agency, especially an Agency as critical as the 
FCC. Her radical activist track record and her out-of-the-mainstream 
views on everything from free speech to intellectual property indicate 
to me she will weaponize the FCC against the American people.
  Ms. Sohn has made no secret of the fact that she loathes Republicans, 
conservatives, and any media organization that doesn't share her world 
view. One need look no further than her deeming FOX News as ``state-
sponsored propaganda.'' She has supported State governments and used 
their power to destroy conservative news outlets. When California's 
liberal legislature tried to pressure broadcasters into dropping 
conservative news organizations, she supported--yes, she supported--
their effort.
  It doesn't stop there. If confirmed, she will have the power to 
censor conservative media and retaliate against any view that is 
different from her own.
  Worse than her disdain--probably even hatred--for conservative news 
media, she has also made it clear that she simply detests Republicans 
as people. She has claimed Senate Republicans are a threat to ``our 
Republic'' and claimed their ``ideology has overtaken their duty to 
serve their constituents.'' She even claimed that Republicans can only 
win elections by ``suppressing the vote'' and destroying democracy.
  As someone who won reelection in a State with a nearly 80-percent 
turnout in the last election, I can tell her that that isn't the case.
  As if her disdain for conservative media and Republicans isn't 
enough, she has also demonstrated she is a radical, anti-copyright 
activist who will use every lever of power at her disposal to harm 
America's content creators.
  For years, she dismissed the economic harms that our outdated 
copyright laws have caused content creators. She belittled their 
demonstrated pain and suffering, and she opposed efforts to fix the 
failed copyright system. During her time at the FCC as a senior adviser 
to FCC Chairman Tom Wheeler, Sohn championed the FCC's attempt to 
unlock pay-TV set-top boxes.
  This disastrous policy would have destroyed the intellectual property 
rights of copyright owners to the benefit of big tech companies like 
Google, and these big tech companies have conveniently funded Sohn over 
the years.
  She has never apologized for this disastrous policy. In a 2016 op-ed, 
Sohn downplayed any concerns with this proposal by proposing only a 
hypothetical solution to address them.
  Finally, anyone who doubts her radical views on intellectual property 
need look no further than to the fact that she literally served on the 
board of directors of a company named Locast, whose sole purpose was to 
engage in illegal copyright infringement.
  Let that sink in.
  Gigi Sohn, a longtime anti-copyright activist who worked on policies 
at the FCC to destroy copyright owners' rights, then subsequently 
served on the board of a company that made money by infringing on 
copyright and likely made money from the illegal activity in the 
process and, not only that, I have real concerns that she appears to be 
hiding relevant information to the lawsuit. She failed to disclose the 
fact that the amount of money exchanged by Locast was much lower than 
the reported $32 million settlement. As an explanation, she stated that 
she answered the questions within the confines of the settlement 
agreement.
  Playing ``hiding the ball'' while seeking a position of public trust 
is not acceptable. I believe her nomination would undermine public 
confidence in the FCC and our government.
  If this were any other nominee, especially a Republican nominee, any 
one of these issues would be enough for my colleagues on this side of 
the aisle to stand up and ask the President of our party to withdraw 
the nominee. I hope my Democratic colleagues will review Ms. Sohn's 
record, just like I have, in a fair and impartial manner, and reach the 
only reasonable conclusion; that she cannot and must not be confirmed.
  I again call on President Biden to withdraw the nomination of Gigi 
Sohn. If he won't, I hope I can count on 51 Senators to stand with me 
and make it clear that we won't allow such a radical activist to be 
confirmed to the FCC.
  The PRESIDING OFFICER. The Senator from Tennessee.