National Cyber Director Harry Coker told the President’s National Security Telecommunications Advisory Committee the Biden administration is focusing on cybersecurity in space and strengthening internet routing security. Meeting virtually late Thursday, NSTAC also received an update from cloud-service providers on a pending report about baseline security offerings that was initially expected to be finished this month (see 2312070053).
A state court needn’t set a deadline for the California Privacy Protection Agency (CPPA) to make rules on cybersecurity audits, risk assessments and automated decision-making technology, with enforcement “still distant,” the agency said Wednesday. The California Superior Court of Sacramento asked May 3 if it should set a “date certain” for those rules after the California Chamber of Commerce’s lawsuit against the agency returned to the court. The court scheduled a June 21 hearing on the question. In February, California’s 3rd District Court of Appeal reversed the court’s June decision that granted a CalChamber petition and stayed any CPPA rules for 12 months after they become final. CalChamber petitioned for review at the California Supreme Court (see 2402210031), but that court declined to take the case on April 24. As a result, the only remaining issue for the Superior Court to decide is whether to set a deadline for the upcoming CPPA rules. In its Wednesday brief, the privacy agency said it started drafting remaining rules at issue in the case and will finalize them "once it has determined that it has received sufficient feedback from stakeholders and obtained necessary approval from state control agencies. In the meantime, it will not enforce the law in the specific areas still subject to regulation. Petitioner is entitled to nothing more.” It would be “improper” for the court to set a deadline because the Administrative Procedure Act (APA) “rulemaking process involves a substantial exercise of judgment and discretion over the timeline of the process itself,” the agency said in case 34-2023-80004106-CU-WM-GDS. “Petitioner's interests are already protected by enforcement delays and the APA-mandated procedures for stakeholder input.” The agency already took more feedback than the APA requires in a pre-rulemaking phase and will soon seek more input when it opens a formal rulemaking process, added the agency. In another brief, CalChamber pointed out that the agency was supposed to adopt final rules by July 1, 2022. “Petitioner continues to be concerned about the Agency’s timeline for fulfilling its statutory obligations with respect to the three outstanding rulemakings.” Given the coming rules’ significance, CalChamber "remains invested in ensuring the Agency does not attempt to adopt the regulations on a timeline that does not allow sufficient time for stakeholder review and participation, public comments, and meaningful consideration of public input,” said the business group. That said, CalChamber noted that only the agency "can fully address the anticipated timing for the adoption of the outstanding regulations.”
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).
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.
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.
The FCC Wireless Bureau sought comment Friday on a GeoLinks request that it be allowed to give up some local multipoint distribution service (LMDS) licenses in return for others from the commission’s inventory. GeoLinks proposes to use federal funding to serve some 47,000 locations across Arizona, California and Nevada that now lack access to high-speed broadband. The request involves 51 LMDS licenses that GeoLinks holds -- nine A-block and 42 B-block. Under GeoLinks’ proposal, 32 of the licenses would be modified, and 19 relinquished. “GeoLinks’ current LMDS holdings and the Commission’s unassigned LMDS licenses in inventory are both geographically scattered across the country, which has given rise to a fragmented band map that is underdeveloped, difficult to fully utilize, and less attractive to potential market entrants,” GeoLinks said in a March filing. GeoLinks said it would give up more licenses, markets and MHz-POPs than it would receive but consolidate license blocks “gaining contiguous markets that will result in more efficient and economic deployment targeted to rural and underserved areas in GeoLinks’ core service areas.” Comments are due June 17, replies July 2, in docket 24-150.
Don’t wait to see if Congress finds funding for the affordable connectivity program (ACP), the Center for Accessible Technology (CforAT) urged the California Public Utilities Commission in comments Wednesday. The consumer group supported a petition from The Utility Reform Network (TURN) and the CPUC’s independent Public Advocates Office to modify a 2022 decision that made rules for the California commission’s federal funding account (FFA), which uses broadband funding from the U.S. government (see 2404150062). The petition “accurately highlights that the current FFA rules will become outdated shortly with the anticipated end of the ACP, and it reasonably requests that the Commission modify the FFA rules to support ongoing broadband affordability,” CforAT said in docket R.20-09-001. “The Commission should not delay based on the efforts currently underway to extend the ACP, as the fate of these efforts is uncertain, and the status quo would result in loss of service for program participants.” The CPUC can hit the brakes should ACP get money, it added. But the telecom industry said granting the petition would delay money going out the door to expand broadband. Also, the industry urged the CPUC to avoid using ACP's possible end as an excuse to relitigate settled issues, echoing comments it made days earlier on a separate TURN petition seeking changes to a different grant program (see 2405140037). Thanks to flexible FFA rules, the CPUC "received an unprecedented amount of interest with over 480 applications and at least two applications per county,” commented AT&T. Granting TURN and PAO’s petition will only further delay awards for the applications that already have been pending for eight months, said the carrier: But the CPUC must make awards by Dec. 24 or send the cash back to the U.S. Frontier Communications said the CPUC should “swiftly deny” the petition. "The Commission should not allow the state’s broadband infrastructure deployment objectives to be diverted or delayed by Petitioners’ agenda to revisit rejected policy proposals addressing affordability." AVX Networks and Cal.net piled on. “There is no reasonable basis to delay FFA awards indefinitely while the Commission considers whether to add a completely new requirement on FFA award recipients,” they said. A group of small rural local exchange carriers agreed. “This Petition would compromise the efficacy of this time-sensitive federal grant program, potentially squandering critical federal support for rural infrastructure deployment and impairing the state’s efforts to close the digital divide,” the LECs said.
Verizon’s Tracfone was chosen as exclusive service provider for California’s next foster-youth pilot program, the California Public Utilities Commission said Wednesday. T-Mobile provided service for an earlier pilot. Tracfone “pledges to meet all requirements of the Foster Youth Pilot, including providing each eligible participant with a smartphone equipped with hotspot capabilities, a charging device, unlimited voice and text messaging, 25 GB of mobile data, and 10 GB of hotspot data, all at no cost to the participant,” Chari Worster, the CPUC’s California LifeLine program and project supervisor, wrote in an email to the service list for docket R.20-02-008. California commissioners unanimously supported the pilot at their meeting last week (see 2405090063).
The California sponsor of a digital equity bill is cautiously optimistic about broadband deployment even with trims to the budget that Gov. Gavin Newsom (D) recommended. The governor last week announced a May budget revision that included taking back promised additional funding for the state’s middle-mile network and eliminating a broadband fund for local governments, totaling a $2 billion reduction from earlier plans (see 2405150035). However, Assemblymember Mia Bonta (D), sponsor of a bill seeking to stop digital discrimination (see 2404230039), recognizes “the tough decisions the administration and legislature must make in order to balance the budget,” she said in a statement Wednesday. “I am reservedly hopeful and appreciative of the administration's active engagement with members of the legislature about the solutions being put forth by the administration to provide for neighborhoods like the ones I represent in the East Bay."
The Senate Rules Committee on Wednesday voted along party lines to pass two bills aimed at combating AI-driven manipulation of election content such as deep fakes and synthetic audio.