Social Media

The Senate Commerce Committee said Wednesday night it plans to vote Feb. 5 on commerce secretary nominee Howard Lutnick, the AM Radio for Every Vehicle Act (S-315) and three other tech and telecom bills. Lutnick drew criticism from several Senate Commerce Democrats during his Wednesday confirmation hearing after he wouldn’t commit to maintaining NTIA’s approval of some states’ BEAD plans or defy orders by President Donald Trump to withhold program funding (see 2501290047). Committee ranking member Maria Cantwell, D-Wash., also criticized Lutnick in a Wednesday night statement, though for unrelated reasons. Senate Commerce’s planned vote on S-315 would come a week after Chairman Ted Cruz, R-Texas, and Sen. Ed Markey, D-Mass., refiled it. The bill, which the House Commerce Committee advanced last year, would require the Department of Transportation to mandate AM radio's inclusion in future automobiles (see 2409180047), mostly affecting electric vehicles. Also on Senate Commerce’s agenda: the Rural Broadband Protection Act (S-98), Insure Cybersecurity Act (S-245) and Kids Off Social Media Act (S-278). The meeting will begin at 10 a.m. in 253 Russell.

The Kids Online Safety Act (KOSA) isn't likely to make much headway with the 119th Congress absent a major revamp, tech policy panelists said Wednesday at a Congressional Internet Caucus event, which also featured some panelists disagreeing on the FCC's role in cybersecurity enforcement.

A unanimous U.S. Supreme Court on Friday upheld a law requiring ByteDance to divest TikTok, citing Congress’ “well-supported national security concerns.”

Nebraska Gov. Jim Pillen (R) expects bipartisan support for a forthcoming bill restricting cellphones in schools. The governor and Attorney General Mike Hilgers (R) announced support for that and other kids’ tech bills during a livestreamed press conference Monday. "Social media and cellphones in the hands of young people are fueling a mental health crisis in our state,” said state Sen. Rita Sanders (R), adding that phone usage correlates with lower test scores. The senator’s bill would direct Nebraska’s education department to develop a policy for limiting phone usage in schools.

The full FCC approved five notices of apparent liability against pirate broadcasters proposing a total of $260,000 in penalties, according to NALs in Thursday’s Daily Digest. The NALs were approved 4-1, with Commissioner Nathan Simington dissenting. Simington has said he will dissent from all proceedings involving monetary forfeitures until the FCC responds to the U.S. Supreme Court’s SEC v. Jarkesy decision (see 2409060054). The agency proposed penalties of $60,000 for Carlos Alberto Vazquez of Painesville, Ohio; for Wilfredo Ayala of Hartford, Connecticut; and for Sheldon Morgan of Hartford and his company, Morgan Media. The FCC proposed $40,000 penalties each for James Baran of Geneva-on-the-Lake, Ohio, and Efrain Gonzalez of Waterbury, Connecticut. All the targets are connected with addresses where Enforcement Bureau field agents measured unauthorized radio broadcasts, and several of the pirate operators posted to social media platforms of videos themselves operating their stations, the NALs said.

Don’t dismiss tech groups’ challenge of a Florida social media law, NetChoice and the Computer & Communications Industry Association urged the U.S. District Court for Northern Florida this week (Case 4:21-cv-00220). The U.S. Supreme Court in July ruled the First Amendment protects social media platforms’ ability to moderate content, sending the tech industry’s suits against Florida and Texas laws back to the lower courts (see 2407010053). In November, CCIA and NetChoice submitted an amended complaint asking the district court to permanently enjoin Florida’s social media law (see 2411040033). However, Florida Attorney General Ashley Moody (R) responded by asking the court to dismiss the complaint “for lack of jurisdiction and failure to state a claim” (see 2411180038). NetChoice and CCIA responded Wednesday that SCOTUS eviscerated Florida’s argument that Facebook and other websites don’t engage in activity that the First Amendment protects when the platforms curate content. “With little left to say about the merits of Plaintiffs’ First Amendment claims, Florida offers a slew of new threshold objections, attacking everything from the way Plaintiffs organized their Amended Complaint to whether Plaintiffs have a cause of action to enjoin the enforcement of an unconstitutional statute. Florida’s arguments are meritless.”

Comcast’s launch of a TV advertising platform that will simplify purchasing ads from several programming networks will enable premium video to better compete with social media companies for ad dollars, said MVPD officials and programmers at a CES panel Wednesday. Companies looking to advertise on premium video channels haven’t historically had “an 'easy' button” for completing those transactions, while companies such as Meta have made such sales very simple, said Mark Marshall, NBCUniversal chairman-global advertising and partnerships. Comcast's new Universal Ads platform will enable companies that hadn’t been able to get ads on national network television to do so, Marshall added. “Joe’s Pizza in New Haven, Connecticut,” has “never had an option to be on Sunday Night Football, and now they can be." Companies such as Fox, NBCU and Warner Bros Discovery don’t compete “at a very granular level” for small and mid-sized business advertising, so banding together to achieve a more competitive scale with social media platforms makes sense, said Fox’s Jeff Collins, president-advertising sales, marketing and brand partnerships. By opening the field of potential advertisers, the new platform could also help address the issue of repeat ads on streaming platforms, said Ryan Gould, executive vice president, sales-streaming, digital and advanced advertising for Warner Bros Discovery.

Meta’s announcement Tuesday that it will scrap fact-checking on Facebook is a “good step in the right direction,” said FCC Commissioner Brendan Carr in a post on X. “I look forward to monitoring these developments and their implementation. The work continues until the censorship cartel is completely dismantled and destroyed.” Carr, President-elect Donald Trump's choice to head the FCC, wrote to Facebook questioning its use of fact-checkers (see 2412160052), and has previously named fact-checkers and social media companies as components of the "censorship cartel," a term that he has frequently used in interviews and social media posts. Other components of the cartel include President Joe Biden’s administration, advertising agencies and European governments, Carr has said. In a Facebook video Tuesday, Meta CEO Mark Zuckerberg announced that the company would shift to using crowdsourced fact-checking, similar to X. Carr credited Trump with causing the change at Meta. “President Trump’s resolute and strong support for the free speech rights of everyday Americans is already paying dividends,” he said. During a news conference Tuesday, Trump responded “probably” when asked if Meta’s shift was a response to his threats, which included calling for Zuckerberg to be imprisoned for life. “Meta is a private company that can decide how it manages its platform,” responded FCC Commissioner Anna Gomez in an X post Tuesday. “However, under the First Amendment, government threats to private companies over speech can have a chilling effect and are dangerous.” "As our database of false narratives continues to demonstrate, Meta has perennially been a home for Russian, Chinese, and Iranian disinformation," said Gordon Crovitz, co-CEO of fact-checking service NewsGuard, in an emailed statement. "Now, Meta apparently has decided to open the floodgates completely."Public interest groups condemned Meta’s changes. “Everyone should be concerned when major technology firms and their billionaire owners kowtow to a leader like Trump who is intent on undermining the checks and balances that are fundamental to a healthy democracy,” Free Press Senior Counsel Nora Benavidez said in a news release. Said Common Sense Media CEO James Steyer, “With this announcement, Mark Zuckerberg's playbook is as clear as day: Protect Meta's bottom line and cozy up to political leaders while leaving users to fend for themselves.” Ishan Mehta, Common Cause Media and Democracy program director, said, “Americans deserve to know the truth, and Meta’s move to end its third-party fact checking opens the door to endless political lies and disinformation.” Meta’s recent decision to move away from third-party fact-checking is a stark reminder of the growing challenges posed by misinformation online," NAB said in a blog post Tuesday touting the reliability of broadcast news. "While Big Tech platforms operate without any constraints, local stations are bound by regulations that haven’t kept pace with the marketplace," it added. "Policymakers must act to modernize these rules, leveling the playing field so local stations can continue providing the high-quality journalism communities depend on."

Attorneys for Maurine and Matthew Molak asked the 5th U.S. Circuit Court of Appeals to restart their challenge of a July order that lets schools and libraries use E-rate support for off-premises Wi-Fi hot spots and wireless internet services (see 2409230024). In September, the court dismissed the case, saying it lacked jurisdiction (see 2409260046). Petitioners “wish to inform the panel that, after nearly six months, they are still waiting on the FCC to rule on their July 2024 request that the agency reconsider its … ‘Hotspots Order,’ which subsidizes Wi-Fi hotspots anywhere students go,” said a Monday filing at the court: “It seems the FCC is content to ignore the petition for reconsideration, safe in the belief that as long as the petition remains pending the agency can both implement its unlawful policy and avoid judicial review.” The filing in docket 23-60641 also notified the court of the 6th Circuit’s recent decision vacating the FCC’s net neutrality order (see 2501020047) as it ponders a second case on school bus Wi-Fi. Judges heard oral argument in that case in November (see 2411040061). That decision “slams the door on the FCC’s contention in this case that the Declaratory Ruling expanding E-Rate subsidies for Wi-Fi on school buses is authorized” by the Communication Act section on the USF, the filing said. The Molaks brought both cases because they oppose unsupervised social media access on school buses. The Molaks' son David died by suicide after he was bullied online as a 16-year-old.

A New York bill would require schools to restrict students' use of wireless devices and access to social media platforms while on school property. State Sen. Brad Hoylman-Sigal (D) prefiled the bill this week for the next legislative session. The bill, SB-140, would require that schools employ "progressive consequences" if a student violates the rules. A similar bill was prefiled in Missouri (see 2412090043).