An FCC advisory opinion on Section 230 of the Communications Decency Act would be “a fool's errand” and should be “DOA,” Commissioner Anna Gomez said Sunday in a thread on X responding to a New York Post report that FCC Chairman Brendan Carr is planning to act on 230 soon. “The FCC should not be in the business of controlling online speech,” Gomez said. “Congress and the courts must quickly step in to stop this unlawful power grab.”
The Bureau of Industry and Security and DOJ are investigating U.S. mobile phone parts producer Lumentum for potentially violating U.S. export controls on shipments to Huawei, according to corporate filings.
Commerce’s proposed restrictions on sales or imports of connected vehicles using hardware or software tied to Russia or China (see 2409220001) is seeing pushback from communications and tech industry and adjacent groups over the compliance deadlines. Comments in the NPRM (docket 240919-0245) were due Monday. Some see the Commerce Bureau of Industry and Security (BIS) NPRM as pointing toward a wider eventual campaign against all connected Chinese and Russian devices (see 2409250006).
U.S. companies and trade groups applauded a recent Bureau of Industry and Security rule that expanded the agency’s export control exemption for certain standards-setting activities. They said the rule change will help remove licensing barriers that American officials face at international bodies while working on emerging technology standards. While the Technology Trade Regulation Alliance welcomed the rule changes, it said BIS should continue expanding the exemption to cover a wider set of technologies discussed in standards bodies involving the electronics, telecommunications and aviation industries. For example, the TTRA said BIS should harmonize its standards-setting-related controls with how it treats other information shared publicly, such as fundamental research. The rule “appears inconsistent with the BIS approach to other First Amendment protected commercial speech,” the alliance said. UL Standards & Engagement, a nonprofit standards development organization, and the Wi-Fi Alliance said the rule update will help their members more easily participate in standards bodies. The Wi-Fi Alliance specifically said the rule confirms that the type of standards-related activity its members are involved in “is not restricted by the Export Administration Regulations.” BIS issued rules in 2020 and 2022 that authorize releasing certain controlled technology for specific standards-setting activities, including when companies on the Entity List, such as Huawei, are participating in those bodies.
The AI Safety Institute (AISI) plans testing frontier AI models prior to deployment, Director Elizabeth Kelly said in an interview at the Center for Strategic and International Studies (CSIS) Wednesday (see 2402070069). “We’re in a good position to begin that testing in the months ahead because of the commitments we’ve gotten from the leading companies," Kelly told the CSIS Wadhwani Center for AI and Advanced Technologies. When it comes to developing safety standards for AI, the institute will rely on companies showing “what’s under the hood” in their next-generation work, she said. However, because it's not a regulatory body, the institute can only encourage that companies make such information available. Apple, Amazon, Google, Meta, Microsoft, OpenAI, Adobe, IBM, Nvidia and several other companies have agreed to voluntary testing (see 2407260027). AI safety regulation is under the Commerce Department’s Bureau of Industry and Security and reporting rules “have not been finalized," so questions remain, Kelly said. The Commerce Department’s website said BIS “will invoke the Defense Production Act to institute measures to enhance safety as next-generation frontier AI models are developed, including measures requiring developers to report the steps they are taking to test their models and protect them from theft." Kelly also spoke about the importance of international collaboration for developing safety standards for frontier AI through the International Network of AI Safety Institutes. International AI safety groups and other stakeholders plan on meeting in November in the San Francisco area, she said.
House Democrats rang alarm bells Wednesday over the Appropriations Commerce, Justice, Science and Related Agencies (CJS) Subcommittee’s proposal reducing FY 2025 allocations for NTIA and other Commerce Department agencies. The subpanel advanced its FY25 bill on a voice vote Wednesday after Republicans defended the proposed cuts, including a significant slashing of annual funding for the DOJ Antitrust Division. Commerce Secretary Gina Raimondo fielded repeated questions during a House Innovation Subcommittee hearing Wednesday about Republicans’ claims that NTIA’s requirement that broadband equity, access and deployment (BEAD) program participants offer a low-cost connectivity option constitutes rate regulation.
Trade groups critical of the FCC’s digital discrimination order disagreed Wednesday with members of its Communications Equity and Diversity Council about the order’s breadth. The order “covers every aspect” of an ISP’s service and could lead to companies slowing the rollout of service in some communities to avoid the appearance of discrimination, said Diana Eisner, USTelecom vice president-policy and advocacy, at an FCBA CLE. “Given the scope of the problem,” it was appropriate for the FCC to create a rule that could tackle multiple forms of discrimination, said Leo Fitzpatrick, policy analyst at The Utility Reform Network and a former CEDC member.
President Joe Biden is requesting increased funding in FY 2025 for the FCC, Patent Office and the Commerce Department’s Bureau of Industry and Security (see 2303130070). The FY25 requests are lower than FY24's for the FTC, NTIA, the National Institute of Standards and Technology, DOJ’s Antitrust Division and some Agriculture Department broadband programs, though in some cases the Biden proposal exceeds ultimate Congressional allocations for FY24. Biden signed off Saturday on the Consolidated Appropriations Act FY24 appropriations minibus package (HR-4366), which included funding cuts for NTIA and other Commerce agencies but a slight increase for DOJ Antitrust (see 2403040083). The Senate voted 75-22 Friday night to approve the package.
The Commerce Department’s Bureau of Industry and Security (BIS) is seeking comment, due April 30, on a proposed NPRM on “Securing the Information and Communications Technology and Services Supply Chain,” said a notice for Friday’s Federal Register. The rulemaking is intended to assist BIS “in determining the technologies and market participants that may be most appropriate for regulation” under a 2019 executive order by former President Donald Trump, the notice said.
A senior research analyst from Georgetown University's Center for Security and Emerging Technology cautioned Thursday that in some locations the cost of replacing Chinese hardware in information technology networks with more expensive alternatives outweighs the benefits. Jack Corrigan told the China Economic and Security Review Commission at a Thursday hearing that procurement bans should be targeted at "high-risk sectors, networks and use cases."