The U.S. government, CTIA and the U.S. Chamber of Commerce agreed in filings at the U.S. Supreme Court that justices should resolve a circuit split over whether the FCC properly handed down fines against AT&T, Verizon and T-Mobile for violating the agency's data privacy rules. AT&T, which won its case in the U.S. Court of Appeals for the 5th Circuit, had also urged SCOTUS to resolve the split (see 2512050055). Briefs were filed last week in docket 25-567.

The U.S. Supreme Court should resolve a circuit split over whether the FCC properly handed down fines against AT&T, Verizon and T-Mobile for violating FCC data rules, AT&T said Friday in a filing at the court. Verizon challenged at SCOTUS a September decision by the U.S. Court of Appeals for the 2nd Circuit upholding a $46.9 million fine (see 2511170035). In August, the D.C. Circuit upheld a similar fine against T-Mobile (see 2508150044), while the 5th Circuit earlier rejected one imposed on AT&T (see 2504180001).

The U.S. Supreme Court appears more likely than not to grant cert to Verizon in its challenge of a September decision by the U.S. Court of Appeals for the 2nd Circuit upholding a $46.9 million fine against the carrier for violating FCC data rules (see 2509100019), experts said. They also agreed that SCOTUS is often difficult to predict. In August, the D.C. Circuit upheld a similar fine against T-Mobile (see 2508150044), while the 5th Circuit earlier rejected a fine imposed on AT&T (see 2504180001).

The FCC appears unlikely to make any moves to enforce the data privacy rules approved under the Biden administration, which were recently upheld by the 6th U.S. Circuit Court of Appeals, industry experts said Friday. Last week, the panel that decided the case agreed to hold it in abeyance pending the FCC’s review of the 2023 order, as the agency requested. The panel ordered the FCC to file status reports every 60 days, with the first due Dec. 16.

DOJ and the FCC asked the U.S. Supreme Court to overturn a decision by the 5th U.S. Circuit Court of Appeals that rejected a $57 million FCC fine against AT&T for violating the agency's data protection rules. The 5th Circuit ruled in April that the fine was unconstitutional because it denied AT&T's Seventh Amendment right to a jury trial. The 2nd Circuit later upheld a similar fine against Verizon, while the D.C. Circuit upheld one against T-Mobile (see 2509100056).

A coalition of 24 members of Congress, led by Sen. Eric Schmitt, R-Mo., and Rep. Scott Fitzgerald, R-Wis., urged the 6th U.S. Circuit Court of Appeals to rehear en banc an August decision that upheld the FCC’s data breach notification rules, despite a Congressional Review Act action in 2017 that overturned similar requirements in other privacy rules (see 2508140052). Right-leaning interest groups also asked for rehearing, as sought by ISPs (see 2509290066). Briefs were filed Monday in case 24-3133.

The FCC’s Communications Security, Reliability and Interoperability Council (CSRIC) unanimously approved a report Thursday on “best practices” for the FCC and industry on the ethical and practical use of AI and machine learning (ML). The report, which examines privacy and new risks for telecom networks, wasn’t released Thursday.

The 2nd Circuit U.S. Court of Appeals on Wednesday upheld a $46.9 million fine against Verizon for violating FCC data rules. Judges heard the case in April and appeared skeptical of claims that Verizon had the right to a jury trial before the FCC handed down the fine (see 2504290060).

The U.S. Court of Appeals for the 2nd Circuit on Wednesday upheld a $46.9 million fine against Verizon for violating FCC data rules in a decision that could trigger the U.S. Supreme Court to take the case, given the current split in the circuits (see 2509100019). In August, the D.C. Circuit upheld a similar fine against T-Mobile (see 2508150044), while the 5th Circuit earlier rejected a fine imposed on AT&T (see 2504180001).

A three-judge panel of the 5th U.S. Circuit Court of Appeals denied an en banc rehearing of the rejection of a $57 million FCC fine against AT&T for violating the agency's data protection rules. The panel modified its April opinion slightly, removing language that referred to a 2012 5th Circuit decision in U.S. v. Stevens (see 1208210038).