Hearst Television advances Alvin Lustgarten to senior vice president-technology and information services ... Teradata promotes Hillary Ashton to chief product officer ... Gannett taps Mayur Gupta, ex-Freshly, for chief marketing and strategy officer; he resigns from Gannett board ... VideoAmp adds from Omnicom Media Jonathan Steuer as executive vice president-TV strategy and currency ... Workforce Logiq hires consultant William Rolack as vice president-diversity and inclusion.
Section 230
The House and Senate Commerce committees are eyeing two hearings next week on telecom issues, communications sector lobbyists told us. House Commerce is expected Thursday to issue a notice on a Sept. 17 FCC oversight hearing, lobbyists said. Senate Commerce, meanwhile, plans a panel on oversight of FirstNet, lobbyists said. The House Commerce hearing would be FCC Commissioner Mike O’Rielly’s first public appearance on Capitol Hill since President Donald Trump withdrew his renomination to another term (see 2008030072). The panel is expected to touch on FCC plans for handling NTIA’s petition for regulations defining the scope of Communications Decency Act Section 230 (see 2007270070). O’Rielly’s reluctance to publicly back FCC OK of the Trump-sought Section 230 petition is considered the main reason his renomination was revoked (see 2008040061). Senate Commerce’s FirstNet hearing would be the first Hill oversight panel on the network since 2017 (see 1711010035). House and Senate Commerce didn’t comment.
Adopt NTIA’s petition for rulemaking on Communications Decency Act Section 230, Republican state attorneys general commented to the FCC posted Thursday in RM-11862 (see 2009020064). Tech, telecom and consumer groups again largely said the FCC shouldn't consider the petition, saying the FCC and NTIA are exceeding their jurisdiction and expertise. The AG group was formed by Texas’ Ken Paxton, Indiana’s Curtis Hill, Louisiana’s Jeff Landy and Missouri’s Eric Schmitt. The petition clarifies 230's scope and empowers states without undermining protections for moderation of “traditionally regulated content,” they wrote: It promotes freedom of speech by “ensuring competition through transparency.”
Reject NTIA’s petition for a rulemaking on Communications Decency Act Section 230, tech, telecom and consumers groups told the FCC in comments posted Wednesday before the midnight deadline in RM-11862 (see 2008120050). The petition has no legal basis, the agency doesn’t have jurisdiction, and President Donald Trump is attempting to use the commission for political gain, they said. AT&T called for uniform liability protections.
NTIA’s petition for an FCC rulemaking on Communications Decency Act Section 230 “lacks a legitimate legal basis” and would “cause serious harm to company moderation efforts,” Internet Association Deputy General Counsel Elizabeth Banker told reporters Tuesday (see 2008120050). Content moderation protects consumers, and reasonable people want platforms to take action like “removing promotion of suicide, plans for bombs and other dangerous materials, or 419 scams,” she said. The FCC lacks “authority to implement this rule under both First Amendment case law and administrative law precedent,” she added. Comments on the petition are due Wednesday.
President Donald Trump can’t forcibly remove FTC Chairman Joe Simons without cause, former agency officials told us, defending Simons as well-respected. They discussed ways Trump might seek to oust or demote the chairman, and a potential replacement. The Trump administration is reportedly seeking a replacement.
Communications Decency Act Section 230 should be modified to even the playing field between tech companies and other third-party content providers, AT&T blogged Monday. The company will comment to the FCC Wednesday (see 2008120050), arguing “online platforms should be more accountable for, and more transparent about, the decisions they control,” wrote Executive Vice President-Regulatory and State External Affairs Joan Marsh. Congress didn’t have any way of predicting tech companies would use Section 230 as a shield from frivolous lawsuits and “every day responsibilities,” she wrote: Platform content decisions are “shrouded in obscurity, away from public view, in a world where black-box algorithms and non-negotiable terms pick winners and losers.”
Commissioner Mike O’Rielly's departure from the FCC, likely in January, could cause delays in FCC action on rules on Section 230 of the Communications Decency Act if President Donald Trump is re-elected in November. Unless another Republican is approved by January, the FCC would be evenly split between Republicans and Democrats. Even if Chairman Ajit Pai were determined to move an NPRM he wouldn’t have the votes to do so, given the almost certain opposition of Democrats, industry officials said.
Massachusetts Attorney General Maura Healey (D) creates Data Privacy and Security Division, naming Sara Cable its chief; she had been AG’s Consumer Protection Division director-data privacy and security ... Telecommunications Law Professionals hires Ashley Brydone-Jack, ex-District of Columbia Superior Court clerk, as an associate.
The FCC might not be as aggressive on pirate radio enforcement and curbing cable local franchise authorities (LFAs) after Commissioner Mike O'Rielly's expected departure from his seat Jan. 3 at the latest, experts and insiders told us. Some wonder if O'Rielly will be a quieter presence on the commission in his remaining weeks; he issued no statements at its August meeting though he did for the C-band auction rules approved on circulation (see 2008060069). O'Rielly's office and the FCC didn't comment.