If presumptive Democratic presidential nominee Joe Biden wins the November election, there’s a danger “you’ll see the heavy-handedness of government” make a resurgence and stifle tech sector innovation, posing a risk the U.S. bid to dominate 5G development, House Communications Subcommittee ranking member Bob Latta, R-Ohio, said on C-SPAN’s The Communicators set to be televised this weekend. The U.S. needs to prevail in the 5G race against China and Russia, but tech sector officials have repeatedly told lawmakers that can happen only if the federal government continues to emphasize “soft-touch regulation,” as it has over the course of President Donald Trump’s administration, Latta said. He noted the importance of ensuring cybersecurity “is a major priority” given national security threats posed by Chinese equipment makers Huawei and ZTE and concerns about TikTok. Latta said consensus on appropriations via infrastructure legislation for broadband funding requires buy-in from both parties. The lawmaker pointed to an amended version of the 5G Spectrum Act (S-2881) as a potential compromise. The measure, which the Senate Commerce Committee cleared in December, would allocate 10% of proceeds from the FCC’s upcoming auction of spectrum on the 3.7-4.2 GHz C band for broadband (see 1912110038). Latta believes it’s going to be tougher to include broadband money in the next COVID-19 aid bill given other priorities. A final bill is likely to be a “much more scaled-down piece of legislation,” he said. Senate Republican proposals for the next aid legislation include few telecom and tech provisions (see 2007280059). Latta believes compromise and bipartisanship are required to advance any legislation to revamp Communications Decency Act Section 230. NTIA petitioned the FCC earlier this week to clarify Section 230, as President Donald Trump directed (see 2007270070).
Section 230
Amid talk of federal regulation of social media platforms' editorial privileges, FCC Commissioner Mike O'Rielly called it "First Amendment gibberish" to argue such regulation is pro-free speech. He spoke to the Media Institute Wednesday, also seeking less regulation of other industries and to get localities out of cable franchising. The social media regulatory step would curtail free speech through government action, he said in prepared and actual remarks.
Legislators so far are reacting along party lines to NTIA’s petition (see 2007270070) that the FCC help crack down on social media. Even GOP lawmakers who were somewhat supportive cautioned regulators not to run afoul of the First Amendment.
DOJ Antitrust Division chief Makan Delrahim promotes Taylor Owings to division acting chief of staff and senior counsel, succeeding outgoing COS William Rinner, who's senior counsel until planned departure from the department "in the coming months" ... Verizon Public Sector names Jennifer Chronis, ex-Amazon Web Services, to lead Federal business; Michael Maiorana, Verizon Federal lead, leaving the business effective Dec. 31 ... Corning taps Chief Legal and Administrative Officer Lewis Steverson to lead new Office of Racial Equality and Social Unity, tasked with building diversity “within the walls of Corning” and in its “communities.”
Section 230 of the Communications Decency Act isn’t the blanket immunity opponents claim, the Internet Association reported Monday, analyzing the liability shield. Examining 516 court decisions in the past 20 years, IA said the liability shield was “the primary basis for a court’s ruling in 42 percent of decisions.” Defamation is the most common claim brought under 230, IA said, saying 43% involved such a claim. IA urged Congress to complete a review of 230-related cases before considering legislation.
NTIA filed the eagerly awaited petition to the FCC to clarify Communications Decency Act Section 230, as instructed by President Donald Trump's executive order. The changes would say when certain industry actions such as by social media platforms wouldn't be exempted under the liability safe harbor. The administration now also asked "to impose disclosure requirements similar those imposed on other internet companies, such as major broadband service providers, to promote free and open debate on the internet."
The FTC received at least two complaints through July 13 in response to President Donald Trump’s May 28 social media executive order (see 2007100052). The filings, which we obtained through a Freedom of Information Act request, allege “deception/misrepresentation” by Facebook and Twitter.
The Senate Communications Subcommittee set a hearing on Section 230 of the Communications Decency Act at 10 a.m. July 28 in 106 Dirksen, it announced Tuesday. Morgan Lewis counsel Chris Cox, who co-authored the law, will testify, along with U.S. Naval Academy assistant professor Jeff Kosseff, Fordham University law professor Olivier Sylvain and Internet Association Deputy General Counsel Elizabeth Banker.
FCC Commissioner Mike O’Rielly would "give due consideration to a stay” of the order approving Ligado’s L-band plan “if such an item is circulated by” Chairman Ajit Pai, he told Senate Commerce Committee members in response to follow-up questions from his recent reconfirmation hearing. O’Rielly defended the FCC’s approval of the Ligado plan during that hearing (see 2006160062). The committee posted O’Rielly’s responses Monday. Senate Commerce votes Wednesday whether to advance O’Rielly’s renomination to a term ending in 2024. The meeting begins at 9:45 a.m. in G50 Dirksen.
Political pressure in executive orders won’t sway the FTC, Chairman Joe Simons wrote June 29 to Sen. Richard Blumenthal, D-Conn., and Rep. Jan Schakowsky, D-Ill. Blumenthal and Schakowsky wrote Simons June 15 with concerns about political influence from President Donald Trump’s EO (see 2005280060) directing the FTC to police unfair and deceptive practices involving online platforms’ content moderation practices, with language targeting Section 230 of the Communications Decency Act. We received the correspondence via a Freedom of Information Act request to the trade commission.