The FCC lacks authority to act on NTIA’s petition for a rulemaking on Section 230 of the Communications Decency Act (see 2008030025), Vimeo said in comments to the agency in RM-11862. The FCC received 177 comments by Wednesday afternoon, almost all from individuals. The Computer & Communications Industry Association, NetChoice and Engine told us they plan to comment in opposition to NTIA’s petition.
Section 230
R Street Institute Resident Fellow-Technology and Innovation Jeffrey Westling clarified that he doesn’t agree with a past position of a client of NTIA acting Administrator Adam Candeub on Communications Decency Act Section 230 (see 2008100046).
Adam Candeub will become acting NTIA administrator, the agency announced internally Monday. Candeub joined the agency as deputy assistant secretary of commerce in April (see 2005010060). Leadership has been fluid since David Redl left in May 2019. Doug Kinkoph had most recently been acting head and now returns to run the Office of Telecommunications and Information Applications. Having someone take charge at NTIA is “sorely needed,” said R Street Institute Resident Fellow-Technology and Innovation Jeffrey Westling. He noted Candeub’s strong background with Section 230 of the Communications Decency Act, though the agency hasn’t dealt extensively with the tech liability shield. Candeub previously sought a Section 230 update, suggesting Big Tech should follow the same rules as other regulated industries. NTIA’s role in President Donald Trump’s social media executive order is largely complete (see 2007280053), as it filed its petition for rulemaking with the FCC, Westling said. Candeub is on a leave of absence from Michigan State University, where he's a professor of law and director of the Intellectual Property, Information and Communications Law Program.
Senate Majority Leader Mitch McConnell of Kentucky and other GOP lawmakers are pressing President Donald Trump to reverse course and reinstate his renomination of FCC Commissioner Mike O’Rielly, officials told us. Trump abruptly withdrew O’Rielly’s renomination Monday (see 2008030072). The decision drew significant scrutiny amid perceptions it’s tied to O’Rielly’s reluctance to say he wants the FCC to clarify its rules in response to Trump’s May executive order on Communications Decency Act Section 230. Senate Republicans are making their case for O’Rielly partly because they think it would be difficult for the Senate to confirm a replacement this year (see 2008040061).
President Donald Trump's surprise decision to withdraw Mike O’Rielly's nomination to another term on the FCC (see 2008040061) could hurt Republicans immediately, observers noted in interviews this week. If O’Rielly follows the example of others, he could begin recusing himself immediately. That would mean Chairman Ajit Pai loses a generally reliable third vote when there's a split with Democrats.
Policing political content curation by platforms like Facebook and Twitter isn’t within FTC jurisdiction, Chairman Joe Simons said Wednesday at a Senate Commerce Committee hearing. Chairman Roger Wicker, R-Miss., asked the commission about President Donald Trump’s social media executive order (see 2008040059).
Expect the Senate Commerce Committee to question the FTC on how it's responding to President Donald Trump’s social media executive order (see 2007280053) when commissioners testify Wednesday, senators said in interviews. Brian Schatz, D-Hawaii, said he’s more concerned about political influence at the FCC. A day earlier, Trump withdrew the renomination of Commissioner Michael O’Rielly (see 2008030072).
President Donald Trump’s withdrawal of renomination of FCC Commissioner Mike O’Rielly (see 2008030072) is getting considerable scrutiny on Capitol Hill and within the communications industry. Some officials suggested Trump’s action will have repercussions for commission politics and policymaking heading into 2021. O’Rielly’s removal will likely make it very difficult for the Senate to confirm a nominee this year to replace him, given the limited amount of time left on the legislative calendar before this Congress ends, lawmakers and lobbyists said in interviews through Tuesday.
President Donald Trump withdrew his renomination of FCC Commissioner Mike O’Rielly to another term, the White House announced Monday (see 2008030072). The Trump administration and O’Rielly’s office didn’t comment. The agency declined to comment.
The FCC seeks comment on NTIA’s petition asking for rules clarifying Communications Decency Act Section 230 (see 2007280053), Chairman Ajit Pai announced Monday. “Longstanding rules require the agency to put such petitions out for public comment ‘promptly,’ and we will follow that requirement here,” he said. “I strongly disagree with those who demand that we ignore the law and deny the public and all stakeholders the opportunity to weigh in on this important issue.” The agency should welcome “vigorous debate,” not curtail it, he said: “The American people deserve to have a say." The "feedback" is "over the next 45 days." Commissioner Geoffrey Starks suggested Congress is the proper venue: “I’m sure this Public Notice will generate a spirited discussion. Perhaps when comments are in we can package up the whole docket and send it over to Congress -- where this debate belongs.”