Social Media

John Windhausen, executive director of the Schools, Health & Libraries Broadband Coalition, said Wednesday his organization is willing to work with FCC Commissioner Brendan Carr and other Republicans to save a program that lets schools and libraries use E-rate support for off-premises Wi-Fi hot spots and wireless internet services. On tap to lead the FCC next year under President-elect Donald Trump, Carr voted against the E-rate program's creation, as did fellow Republican Nathan Simington (see 2410070028).

Congress should approve the Kids Online Safety Act, attorneys general from 31 states and the District of Columbia wrote congressional leaders Monday (see 2411180046). “While an increasingly online world has improved many aspects of our material well-being, prolific internet usage negatively impacts our children—with some studies suggesting minors spend over 5 hours daily on the internet,” the letter reads. “KOSA will establish better safeguards for minors online.” This effort comes as many AG offices have launched investigations and lawsuits against social media platforms, such as Meta and TikTok, for targeting minors. The letter lists the many ways KOSA addresses threats to children online, including having the strongest safety settings on by default, the option to disable addictive product features and algorithmic recommendations and giving parents more ways of identifying harmful behaviors and report them. “The states have been consistently acting to vigorously protect kids from online dangers using their existing consumer protection authority, and we look forward to further collaboration,” the letter said. “These changes will help create a safer online environment that reduces harm to kids.” Tennessee Attorney General Jonathan Skrmetti (R) was the letter's lead. AGs from Alabama, Colorado, Georgia, Illinois, Kentucky, Maryland, Minnesota, New York and South Carolina signed it.

The FCC should open an investigation into a Chinese hacking campaign that allegedly targeted communications from Vice President-elect JD Vance and the presidential campaign for Vice President Kamala Harris, Sen. Richard Blumenthal, D-Conn., said Tuesday. Blumenthal was referring to a Chinese hacking known as the Salt Typhoon attack. In addition to the investigation, Blumenthal urged the FCC to begin a rulemaking process. Chinese hackers allegedly breached several American phone companies in an attempt to spy on American political targets, said Blumenthal during a hearing before the Senate Privacy Subcommittee, which he chairs. From a legal standpoint, the FCC can “set and enforce security standards,” he said. The investigation should be supported with “bipartisan unity,” and it can be carried over from the Biden administration to the Trump FCC, he added. Telecommunications Industry Association CEO David Stehlin testified that high-profile attacks like Salt Typhoon indicate a “need to address vulnerabilities within our [information and communications technology] ICT supply chain and mitigate them wherever possible.” He noted TIA’s 2022 development of SCS 9001, “the ICT industry’s first Supply Chain Security standard.” Stehlin called for a public-private “partnership that builds in the elements needed to verify trust and continually improve.” Blumenthal addressed issues related to TikTok, saying President-elect Donald Trump can’t ignore a new law setting a Jan. 19 deadline for Chinese parent company ByteDance to divest from the social media app (see 2411140057). Trump can extend the deadline once but can’t ignore the law, Blumenthal said: “If he wants to change the law, he can try,” but Congress voted overwhelmingly in favor of it.

Dismiss tech groups’ complaint against a Florida social media law “for lack of jurisdiction and failure to state a claim,” Florida Attorney General Ashley Moody (R) argued Friday at U.S. District Court for Northern Florida (docket 4:21-cv-0220). 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). The Computer & Communications Industry Association and NetChoice earlier this month submitted an amended complaint asking the district court to permanently enjoin Florida’s social media law (see 2411040033). The plaintiffs lack associational standing to advance First Amendment claims, which “require a host of factual determinations about the members and their platforms,” said Moody. In addition, the amended complaint “is a shotgun pleading,” said the Florida AG. “Plaintiffs have not stated a claim under the First Amendment, the Fourteenth Amendment, or Section 230 of the Communications Decency Act,” nor a claim for injunctive relief for their members.

Republican FCC Commissioner Brendan Carr swiftly pointed Sunday night and Monday to enforcing broadcasters’ “public interest obligation” and ending the commission’s “promotion of” diversity, equity and inclusion policies as key parts of his agenda once he becomes chairman Jan. 20. President-elect Donald Trump announced plans Sunday night to make Carr permanent chairman when he takes office (see 2411170001). Some congressional Democrats and public interest groups criticized Carr’s agenda, while many communications policy-focused groups quickly praised the long-expected appointment (see 2407120002).

The Trump administration will focus on First Amendment rights, and its agenda could include a review of the tech industry’s role in weakening those rights, FCC Commissioner Brendan Carr wrote in letters to Facebook, Google, Apple and Microsoft last week. Carr requested information that could “inform the FCC’s work to promote free speech and a diversity of viewpoints.” He noted the FCC’s role in administering the Communications Act, which includes the tech industry’s liability shield, Section 230. The statute grants tech companies benefits when it operates in “good faith,” said Carr. He’s seeking information about the industry’s relationship with NewsGuard, a tool that ranks news and information on social media sites. Carr requested the companies identify their ad and marketing partners. The companies didn’t comment Friday.

Some Republicans are softening their support for forced divestment of TikTok after President-elect Donald Trump vowed during the campaign he would “save” the Chinese social media app.

The 5th U.S. Circuit Court of Appeals on Thursday remanded the tech industry’s lawsuit against Texas’ social media law (see 2409260062). A three-judge panel agreed with the U.S. Supreme Court that the “record is underdeveloped,” and said the lower court must answer key questions about application of HB-20. Given NetChoice and the Computer & Communications Industry Association filed a facial challenge against all applications of the law, they have the burden of developing a “factual record” to support that request, said Thursday's opinion. Judges Edith Jones, Leslie Southwick and Andrew Oldham heard oral argument in May 2022 (see 2205090061). “Plaintiffs have not yet developed that record or proved their claims,” the court said. “Therefore, the cause is remanded for further proceedings consistent with this opinion.” The ruling lists a number of outstanding questions about whom HB-20 covers, how companies must moderate content and the impact on free expression. “Because these are fact-intensive questions that must be answered by the district court in the first instance after thorough discovery, we remand.” The panel said it expects the district court to also “thoroughly” address questions about Section 230 of the Communications Decency Act and Texas’ argument that the tech industry’s position on free speech is inconsistent with its views on the liability shield. The Supreme Court remanded the case to the 5th Circuit in July (see 2407010053). CCIA Chief of Staff Stephanie Joyce said in a statement: "CCIA looks forward to further proving in court that Texas HB20 violates the First Amendment." The office for Texas Attorney General Ken Paxton (R) didn’t comment.

FCC Commissioner Brendan Carr is in prime position to take over the commission’s chairmanship in January following former President Donald Trump’s election to a second term, giving him leeway to make potentially sweeping changes on a range of high-profile communications policy matters, lawyers and other observers said in interviews Wednesday. Carr’s agenda if he becomes chairman is likely to mirror elements of the FCC chapter he wrote for the Heritage Foundation’s Project 2025 policy agenda (see 2407050015), but he may need to delay non-bipartisan actions until the Senate can confirm a Republican nominee to fill current Chairwoman Jessica Rosenworcel’s seat if she resigns, as is tradition, observers told us.

Florida’s social media law should be permanently enjoined since the U.S. Supreme Court found it potentially violates the First Amendment, tech industry groups told a federal court Friday, submitting an amended lawsuit (see 2411010060). The 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). The Computer & Communications Industry Association and NetChoice on Friday submitted an amended complaint with the U.S. District Court for Northern Florida (docket 4:21-cv-0220) (see 2411010060). The Supreme Court settled the question whether platforms like Facebook and YouTube engage in First Amendment-protected activity when moderating and organizing content, said CCIA and NetChoice. Citing the high court’s ruling, the complaint said: “In short, when the government regulates websites’ ‘choices about the views they will, and will not, convey,’ it ‘interfere[s] with protected speech.’” The associations asked that the district court rule SB-7072’s challenged provisions facially violate the Constitution and award the plaintiffs damages. “The government cannot force any speaker, be it a private citizen or a social media website, to say or disseminate speech against their will,” said CCIA Chief of Staff Stephanie Joyce in a statement Friday.