Social Media

A new state task force will develop procedures and best practices for cable and utility outage notifications, the West Virginia Public Service Commission said Wednesday. The task force will first meet June 14. It must make final recommendations to the PSC in 60 days, the agency said. The PSC decided to make the task force after receiving information about current notification procedures by Altice, Frontier Communications and several utilities, according to the order in case 24-0338-G-W-E-CTV-GI. “The respondents use varying methods such as door hangers, telephone calls, e-mails, text messages, website, and/or social media posts to notify customers of outages.”

Several California bills crossed chambers Tuesday. The Assembly voted 47-15 to pass AB-1826, which updates the state’s 2006 cable law, the Digital Infrastructure and Video Competition Act. The bill would increase fines for service-quality problems and aims at increasing participation of the public and its advocates in the franchise renewal process (see 2404250036). The Assembly voted 71-0 for AB-2765, which would require the California Public Utilities Commission to report on inspections that ensure companies comply with resiliency plans. The body also voted unanimously for AB-2905, expanding the state’s autodialer definition to include calls made with an AI voice. On the privacy front, the Assembly voted 50-14 for AB-2930 to set rules for automated decision-making technology, including requiring impact assessments and disclosures to consumers. The same chamber voted 58-0 for AB-1949 to amend the California Consumer Privacy Act (CCPA) to additionally stop businesses from collecting, using, sharing or selling personal data of anyone younger than 18, unless they get consent or if it’s absolutely needed for business purposes. The state’s Democratic Attorney General Rob Bonta backed the bill (see 2401300049). In addition, the Assembly voted 50-10 to pass AB-1791, which would require social media platforms to delete personally identifiable information, called provenance data, from uploaded content. In the Senate, the vote was 38-0 in favor of SB-1223, which amends the CCPA to include “neural data” as a type of sensitive personal information. And senators voted 34-0 to pass SB-1504 to tighten a cyberbullying law that requires social platforms to have reporting mechanisms (see 2404230039). Also, the Senate voted 30-9 to approve SB-1460, which would require a group to develop model contract provisions for telecom sector apprenticeships.

Policy discussions are hopefully “boiling to the point” where Congress can repeal Communications Decency Act Section 230, House Commerce Committee ranking member Frank Pallone, D-N.J., told us Wednesday. He and Chair Cathy McMorris Rodgers, R-Wash., said the parallel efforts of Senate Judiciary Committee Chairman Dick Durbin, D-Ill., and ranking member Lindsey Graham, R-S.C., are encouraging.

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.

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.

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.

Expanding the scope of the foreign-sponsored content rules “would create substantial operational burdens and legal costs for all local broadcast stations that sell advertising,” said Fox, CBS, NBC and ABC affiliate associations in videoconference meetings with FCC Commissioner Nathan Simington and an aide to Chairwoman Jessica Rosenworcel Monday, according to an ex parte filing Thursday in docket 20-299. Expanding the rules would encourage advertisers to stop using broadcast outlets in favor of less-regulated internet and social media ads, the filing said. That doesn’t make sense “in a marketplace where most video advertising platforms will not be subject to the rules,” the affiliate groups said. The affiliate groups also objected to their 2021 petition seeking clarification of the foreign-sponsored content policy serving as the basis for expansion of the rules, the filing said (see 2403210071).

State senators narrowly approved Minnesota open internet rules Wednesday night. The Senate voted 34-32 in favor of a conference committee agreement on a Commerce omnibus (SF-4097), including language on net neutrality and transparency requirements for social media. It next needs a vote from the House, which convenes Friday. The legislature is set to adjourn Monday. Other than for reasonable network management, the bill would bar ISPs from engaging in “blocking lawful content, applications, services, or nonharmful devices,” paid prioritization or “unreasonably interfering with or unreasonably disadvantaging: (i) a customer's ability to select, access, and use broadband Internet service or lawful Internet content, applications, services, or devices of the customer's choice; or (ii) an edge provider's ability to provide lawful Internet content, applications, services, or devices to a customer.” Also, the state bill would ban “engaging in deceptive or misleading marketing practices that misrepresent the treatment of Internet traffic or content” and zero rating “in exchange for consideration, monetary or otherwise, from a third party” or zero rating some internet content in a category but not the entire category. It would be enforced by the state commerce department. The social media section would require platforms to disclose information about algorithms to users, including how they assess users’ perceptions of content quality. The net neutrality and social media rules would take effect July 1, 2025. Minnesota legislators are also weighing a proposed comprehensive privacy law and controversial broadband labor requirements (see 2405070043). Also Wednesday, the Senate voted 36-31 to pass an anti-junk fees bill (HB-3438) that CTIA had opposed for including the wireless industry. The House passed the bill, as negotiated by a conference committee, in a 76-57 vote earlier this week.

The Senate Commerce Committee should reject the Kids Off Social Media Act (see 2405100028) because it would harm children’s privacy, safety and First Amendment rights, more than 30 consumer advocate groups wrote Thursday. Signees included the American Civil Liberties Union, Center for Democracy & Technology, Chamber of Progress, Electronic Frontier Foundation, Fight for the Future, Free Press Action, New America’s Open Technology Institute and Public Knowledge. Introduced by Sens. Brian Schatz, D-Hawaii; Ted Cruz, R-Texas; Chris Murphy, D-Conn.; and Katie Britt, R-Ala., the Kids Off Social Media Act (S-4213) incentivizes schools to “spy on children,” imposes unconstitutional restrictions on access to online services and undermines existing child protections, the consumer advocates said. For example, the legislation would hinder children from using chronological feeds, which help create “age-appropriate online experiences,” they said. The legislation was scheduled for a markup Thursday, which the Senate Commerce Committee postponed (see 2405160066).

Billionaire Frank McCourt is organizing a consortium to buy TikTok’s U.S. business. McCourt, who founded Project Liberty and is a real estate mogul and former owner of the Los Angeles Dodgers, said Wednesday he’s organizing a bid with investment bank Guggenheim Securities. TikTok’s parent ByteDance said previously it has no plans to sell (see 2404260039). President Joe Biden recently signed a law requiring ByteDance to divest TikTok in order for the social media app to continue operating in the U.S. McCourt said the consortium wants to pair “academics, technologists, behavioral scientists, psychologists and economic experts” with “community partners, parents and citizens” to preserve and enhance TikTok by “giving individuals and creators on the platform the value and control they deserve regarding who has access to their data and how it is used.”