California Assembly members supported a proposed ban on digital discrimination the same day that state senators backed a proposal that would remove a free internet requirement in the state’s public housing broadband grant program. Bills on universal opt-out and social media also cleared their originating chambers Wednesday. The Assembly voted 43-10 to pass AB-2239, which would codify in California law the FCC’s definition of digital discrimination and allow state and local enforcers to seek injunctive relief (see 2404230039). On the privacy front, Assembly members voted 53-7 to pass AB-3048, which would require web browsers to include an option to opt out of selling and sharing data on all websites. The California Privacy Protection Agency supports that bill (see 2403130048). Also, the Assembly voted 46-0 for AB-2481, which would create a mechanism for people who report threatening content on social media platforms. In the other chamber, senators voted 37-0 for SB-1383 to remove restrictions included in the California Advanced Services Fund (CASF) public housing account that require ISPs to provide free internet before receiving grants. The cable industry supports the bill because it claims that the current restriction deters grant applications (see 2404020049).
Petitioners iFixit, Public Resource and Make Community “seek to dramatically rewrite federal law and agency rules by destroying the copyright” to the standards development organizations’ standards, said 17 SDOs in an amicus brief Tuesday (docket 23-1311) in the U.S. Appeals Court for the D.C. Circuit. The brief is in support of the FCC. Petitioners allege that the FCC violated the Administrative Procedure Act when it amended rules incorporating four new equipment testing standards, and did so without the proper notice and comment protocol (see 2403280002). Using a procedure called “incorporation by reference,” they allege the commission informed the public that copies of the rules were available at its headquarters but didn't say that the rules could be read but not copied. The NPRM also said that copies of the proposed rules were available from the private SDOs that originally published them, the petitioners say. But they allege that these too couldn’t be copied and that they were available only after making a “substantial payment” to the sponsoring SDO. The petitioners ask that the D.C. Circuit compel agencies such as the FCC to post a copy of the SDO’s standard on the agency’s website, “where the electronic copy may be copied, downloaded, and further distributed without limitation,” the amicus brief said. According to the petitioners, this is necessary whenever an agency proposes to incorporate by reference such a standard in a final rule or regulation. But the result would be to make the SDOs’ works, “which indisputably are protected by copyright, available for mass infringement,” said the amicus brief. This would undermine the SDOs’ ability “to fund the creation of these works that yield enormous public benefits,” it said. Joining in the amicus brief were the American National Standards Institute, CTA, IEEE and the Telecommunications Industry Association. Consistent with their public-service missions and nonprofit status, SDOs make standards “easily accessible to the public for free, read-only viewing online,” said the amicus brief. Under the petitioners’ demands, the standards would be posted to an agency’s website “without regard to the SDO’s consent and without any remuneration to the SDO,” the amicus brief alleges. That argument is “contrary to federal law,” it said. The petitioners’ argument, if accepted, also “would undermine the infrastructure of U.S. innovation and the incentive system that are essential to our market-driven economy,” it said.
Consumers' Research defended its position Tuesday to the U.S. Supreme Court that Congress and the FCC violated the nondelegation doctrine through the Universal Service Fund contributions mechanism (see 2405070042).
Two California social media bills advanced through their originating chambers Monday. The Senate voted 35-2 to pass a bill (SB-976) by Sen. Nancy Skinner (D) that would provide social media controls for parents, including the ability to decide whether their children see a chronological news feed or one based on an algorithm, the current default. Also, the bill would let parents stop social media notifications and block access to platforms overnight and during the school day. Attorney General Rob Bonta (D), who had proposed the bill (see 2401300049), applauded Senate passage in a statement. “Our children and teens are experiencing a public health crisis, caused by social media companies in their thirst for profits,” said Bonta. “In California, we take mental health seriously, we take children’s online safety seriously -- and we know that we don’t have a minute to waste to protect our kids.” The Assembly voted 65-0 for AB-3172, which would make big social media platforms liable for damages and other legal remedies “if the platform fails to exercise ordinary care or skill toward a child.” It goes next to the Senate, while SB-976 goes to the Assembly.
A trial is underway and expected to end this year on the use of cross-border call authentication (CBCA) technology, ATIS told FCC Wireline Bureau staff. CBCA will let calls be "verified end-to-end, even if they originate in a country that has not yet deployed Shaken" technology, ATIS said in an ex parte filing Tuesday in docket 17-97. It expects to launch CBCA live service this year and said the next steps include formally requesting the Secure Telephone Identity Governance Authority's "recognition of CBCA to allow cross border calls to be fully authenticated" and signing additional international service providers.
Broadcasters expect a draft order that updates the foreign-sponsored content rules to contain language requiring entities buying political issue ads to certify that they aren’t foreign agents (see 2403210071). However, the final version of the order remains in flux, an FCC official told us.
The FCC Enforcement Bureau told U.S.-based voice service providers that they may stop carrying Alliant Financial's call traffic following a cease and desist letter sent Monday to Alliant regarding an illegal robocall campaign. The bureau told providers in a public notice that Alliant appeared to originate a "substantial volume of unlawful robocalls related to purported debt consolidation loans." Alliant sent "prerecorded messages claiming to be from One Street Financial, Main Street Financial, and Alliant Financial," said a news release, saying about 78 million calls were placed to consumers between Nov. 1 and Feb. 24. The bureau noted that service members, veterans and their families "face an increased risk from campaigns of this nature." EB's move was part of the bureau's "Spring Cleaning" initiative. “There are scammers who try to exploit people working to get out of debt and veterans and military families are at a higher risk for this kind of fraud,” said Chairwoman Jessica Rosenworcel. "We are putting these bad actors on notice that they can’t keep targeting people with this junk and taking advantage of their attempts to build a better financial future for themselves."
Minnesota legislators supported net neutrality, data privacy, social media and broadband labor proposals before they adjourned Monday. Gov. Tim Walz (D) will next consider various omnibuses that include the proposed rules. The House voted 70-58 Friday to pass a commerce omnibus (SF-4097), which included net neutrality and social media disclosure proposals that cleared the Senate earlier last week (see 2405160033). On Saturday, the House voted 72-59 to pass a transportation and labor package (HF-5242) including industry-opposed broadband safety rules (see 2405070043). On Sunday, the House voted 70-11 to pass another commerce package (SF-4942), which included language from a comprehensive privacy bill (see 2405100047). Lawmakers passed the House’s broader version of the labor proposal, which includes a controversial provision allowing the state to prioritize broadband equity, access and deployment (BEAD) and other internet funding for contractors that pay prevailing wage and meet other standards. Senate Labor Committee Chair Jen McEwen (D), who sponsored the Senate's original bill, expects Walz to sign, her spokesperson said Monday. McEwen said she’s “very pleased” the legislature passed the proposal that “will improve worker safety and reduce interruptions to public utilities.” Minnesota Telecom Alliance CEO Brent Christensen, who opposed the labor proposal, told us a veto is unlikely since the governor’s staff was heavily involved in getting the bill passed. Christensen called the net neutrality measure "a really bad bill that didn’t need to happen." The state Commerce Department, which would investigate complaints, doesn't have the right skills to "determine what is a violation and what is normal traffic management," he said. "Any net neutrality action should come from the feds, not individual states." The privacy bill mostly looks like Washington state’s model, which was adopted in states like Virginia and Connecticut, “but with some significant and unique variations,” Husch Blackwell privacy attorney David Stauss blogged Sunday. Differences include “a novel right to question the result of a profiling decision, privacy policy provisions that increase interoperability with existing state laws, and new privacy program requirements such as a requirement for controllers to maintain a data inventory,” he said.
NAB, NPR and other opponents of the FCC’s authorization of geotargeted radio used Thursday’s comments deadline to take additional shots at the technology, while proponent GeoBroadcast Solutions said the agency should “keep an open mind.” Two broadcast entities, Press Communications and REC Networks, have called for reconsideration of the agency’s order allowing content origination on FM booster stations. Geotargeted radio will “erode public confidence in FM radio broadcasting” and harm stations “baited into employing the technology,” NAB said in docket 20-401.
The FCC will take a series of steps aimed at addressing cybersecurity challenges during the commissioners' June 6 open meeting (see 2405150042). A draft NPRM released Thursday would seek comment on a proposal to impose specific reporting requirements on nine service providers as part of the agency's effort to increase border gateway protocol and resource public key infrastructure security, which assist routing traffic across the internet.