Congress included a trio of notable and hotly debated intellectual property measures in its multi-trillion-dollar spending and relief package that it passed this week. The intellectual property portion of the legislation includes the Protect Lawful Streaming Act, the Copyright Alternative in Small-Claims Enforcement Act, and the Trademark Modernization Act.
Proponents of the CASE Act argue that the bill would make it easier for independent artists to bring about copyright claims without having to endure the lengthy and expensive federal courts process.
The bill will streamline copyright disputes by creating a small claims tribunal within the U.S. Copyright Office that will adjudicate small claims infringement cases. Critics of the bill argue that the CASE Act could fine ordinary internet users for engaging in everyday online behavior, such as sharing memes.
The Trademark Modernization Act allows third parties to request the Patent Office to reject trademark applications in an effort to combat “trademark trolls” who make money off of trademarks they never planned to use.
The Protecting Lawful Streaming Act, a provision included authored by Sen. Thom Tillis, R-North Carolina, would allow the Justice Department to charge businesses for felony copyright infringement if they intentionally stream copyrighted material online.
The law specifies that it doesn’t apply to people who use illegal streaming services or “individuals who access pirated streams or unwittingly stream unauthorized copies of copyrighted works.” Rather, it’s focused on “commercial, for-profit streaming piracy services” that make money from illegally streaming copyrighted material.
Reactions to the last-minute copyright inclusions
Changes to copyright law can be controversial, as small legislative changes can have massive impacts on the public’s ability to express themselves. Many viewed these changes being included in the stimulus funding bill a travesty.
“Shoehorning last-minute proposals that haven’t had a hearing into an end of the year spending bill is concerning both due to the controversial substance and the lack of due process,” wrote Arthur Sidney, vice president of public policy at the Computer & Communications Industry Association, in a recent statement.
Many expressed fear of the impacts that the legislation will have on speech, because of a lack of attention on studying the bill closely.
Critics of the CASE Act say the bill could have a chilling effect on free speech, as it creates a new small claims system that allows individual artists and designers to challenge copyright infringement without launching a federal case. “The CASE Act will supercharge copyright trolling exactly at a time when we need to fix the law to have less trolling,” wrote Mike Masnick, in an article for Techdirt.
Twitch streamers, YouTubers, and their subscribers have expressed fear that the Protecting Lawful Streaming Act may incriminate them; however, proponents of the bill say they’re more interested in tackling services dedicated to streaming pirated content.
“The felony streaming bill which was only just revealed last week, with no debate or discussion, includes provisions that are so confusing and vague no one is sure if it makes users of sites like Twitch into felons,” wrote Masnick.
However, some entertainment interests applauded the measure. “We applaud congressional approval of The Protect Lawful Streaming Act, bipartisan legislation that modernizes copyright law to protect video programming against unlawful online streaming,” said Michael Powell, CEO of the NCTA, the Internet and Television Association.
He said it was a “narrowly-tailored law [that] will target large scale criminal piracy, and will not affect legitimate internet service providers or ordinary internet users. It will provide prosecutors with a critical new tool to deter online criminal activity and protect the rights of cable programmers that stream their creative works online.”
According to Public Knowledge senior policy counsel Meredith Rose, the bill doesn’t appear to criminalize Twitch or Twitch streamers “who may include unlicensed works as part of their streams.”
“As a general matter, we do not see the need for further criminal penalties for copyright infringement,” said Rose, in a statement earlier this month. “However, this bill is narrowly tailored and avoids criminalizing users, who may do nothing more than click on a link, or upload a file. It also does not criminalize streamers who may include unlicensed works as part of their streams.”
Additional controversial copyright reform proposes changes to Digital Millennium Copyright Act
Relatedly, on Tuesday Tillis introduced a discussion draft of a further controversial copyright bill.
Among other sweeping changes to the Digital Millennium Copyright Act, the bill increases the role of federal agencies in regulating copyright, gives greater power to copyright holders to file small claims suits and also adds rules and penalties impacting how internet companies take down copyright infringement online
In a recent statement, CCIA criticized Tillis’ proposed reform, saying it “reads like a Christmas wish list for Hollywood and big content companies, and takes cues from contentious copyright reforms in Europe.”
“Industry works to provide new tools for greater compensation for creators and lawful alternatives for consumers,” said CCIA President Matt Schruers. “Unfortunately this discussion draft would not benefit individual creators and would impose notice and staydown provisions that are not just too severe but unconstitutional.”
“The U.S. leads the world in the technology and content sectors, in large part due to flexible regulatory proposals like the DMCA that have encouraged innovation and creativity online. We should not be abandoning important U.S. copyright precedent and contemplating controversial copyright proposals from the European Union,” said Schruers.
In the statement, CCIA says it looks forward to working with Senator Tillis’ office to address our serious substantive concerns.
FCC Proposal for Robotexts, FCC Mapping Problems, TikTok’s Preliminary Deal
The FCC is looking to adapt its robocall methods for texts.
September 27, 2022 – The Federal Communications Commission is requesting comments on a proposed new rule to apply caller ID authentication standards to text messaging, according to the release on Monday.
The FCC is proposing requiring mobile wireless providers to block texts, at the network level, that appear to be from invalid, unallocated, or unused numbers, and numbers on a Do-Not-Originate (DNO) list. It also seeks input on other actions the commission might take to address illegal texts, including enhanced consumer education, the release said.
“Recently, scam text messaging has become a growing threat to consumers’ wallets and privacy,” said FCC Chairwoman Jessica Rosenworcel. “More can be done to address this growing problem and today we are formally starting an effort to take a serious, comprehensive, and fresh look at our policies for fighting unwanted robo texts.”
In August, the FCC’s Robocall Response Team reported an increase of consumer complaints about unwanted text messages, which have risen steadily in recent years from approximately 5,700 in 2019 to 8,500 this year.
The FCC’s STIR/SHAKEN robocall regime – which requires providers to authenticate phone calls – went into force in late July.
Broadband data collectors flag early problems with FCC mapping data
Telecompetitor is reporting Monday that organizations are already flagging problems with the FCC’s broadband mapping fabric, including missing locations.
The database is designed to provide address and geolocation information for every broadband serviceable location in the country.
Telecompetitor is reporting that Mike Romano, executive vice president of rural broadband trade association National Telephone Cooperative Association, said 90 percent of its members saw missing locations on the FCC database maps.
According to the story, one complained that coordinates for a broadband serviceable location actually pointed to a swamp; another talked of a location that pointed to a boulder.
“NTIA realized the maps won’t be done until the challenge process is completed,” Romano said, referring to the National Telecommunications and Information Administration, which is handling $42.5 billion for broadband infrastructure contingent on those FCC maps.
The next FCC-issued broadband maps are set to be released in November, and the challenge process is ongoing for state agencies, community organizations, and consulting firms to correct potential inaccuracies.
TikTok reaches preliminary deal with White House on security concerns
The Biden administration and video-sharing app TikTok have drafted a preliminary agreement to make changes to its data security and governance without requiring its Chinese-based owner to sell the company, the New York Times reported on Monday.
The drafted terms, according to the Times, state that TikTok would store its American data solely on servers in the United States – rather than on its own servers. Cloud company Oracle is then expected to monitor TikTok’s algorithms that determine the content that the app recommends. TikTok is also expected to create an oversight board made up of security experts that will report to the government, according to anonymous sources cited by the Times.
Senator Marco Rubio, R-Florida, is not convinced of the measures. “Anything short of a complete separation” [of TikTok from ByteDance] “will likely leave significant national security issues regarding operations, data and algorithms unresolved,” he said, according to the story.
Former President Donald Trump, who wanted to ban TikTok, attempted to bridge a deal with ByteDance for a portion of TikTok to be sold to Oracle, which did not materialize.
Concerns have swirled around ByteDance, the Chinese owner of the popular app, and its alleged surveillance and privacy policies that require data from any Chinese applications to be shared with Chinese authorities. TikTok US has repeatedly denied breaching US data privacy regulations.
FCC Commissioner Brendan Carr, who has been an outspoken critic of the app, said on Twitter that the preliminary deal “is very concerning” in that the terms “fall short of securing our [national security].”
NTCA Smart Rural Communities, International Telecommunications Union Conference, Carr on TikTok
‘How do we make sure that you can keep that home grown talent?’
September 26, 2022 –Rural Broadband Association CEO Shirley Bloomfield on Monday announced a partnership with the National Rural Education Association to promote educational opportunities for rural children.
Speaking at the launch of the NTCA trade show in San Francisco on Monday, Bloomfield said that the program will help educate kids about the value of rural broadband services.
Bloomfield said it will help address a common lament in rural areas: “How do we make sure that you can keep that home grown talent?”
The pilot program with the rural education group will help promote the importance of broadband jobs in rural areas.
Telecom officials to be in Hungary for ITU election
Key telecom agency officials are expected this week to attend the International Telecommunications Union conference, where the election of the new head of the United Nation’s telecom regulator will be selected.
Federal Communications Commission Chairwoman Jessica Rosenworcel, FCC Commissioner Geoffrey Starks, head of the National Telecommunications and Information Administration Alan Davidson, and deputy secretary of the Commerce Don Graves are expected in Bucharest, Romania, where American Doreen Bogdan-Martin is in the running against Russian challenger Rashid Ismailov.
Last week, President Joe Biden said he strongly supports the candidacy of Bogdan-Martin.
The ITU develops international connectivity standards in communications networks and improving access to information and communication technologies for underserved communities worldwide.
The conference is being held from September 25 – 29.
The FCC expressed concerns over TikTok security and big tech contributions
FCC Commissioner Brendan Carr said in a statement Monday that he spoke with European Union officials in Brussels about the need for Big Tech to contribute to the development of broadband networks and about the alleged security risks of the Chinese video-sharing app TikTok.
Carr has previously said that big technology companies should contribute to the Universal Service Fund, a roughly $10-billion pot of money that goes to support basic telecommunications builds across the nation. Money for the fund comes from voice service providers, but critics have said that the fund’s base of contributors needs to be broadened for its sustainability.
Carr also reiterated his position that TikTok poses a security and privacy threat to Americans.
“TikTok functions as a sophisticated surveillance tool that harvests extensive amounts of personal and sensitive data,” he said in the statement. “And recent reporting indicates that there is no check on this sensitive data being accessed from inside China.”
The security of TikTok has been an ongoing issue, with American Senators saying that TikTok may be collecting biometric data and storing it in an unknown database.
Kenosha Gets Fiber, Judiciary Committee Advances Journalism Bill, Rosenworcel Touts Women in Tech
SiFi Networks will construct an all-fiber network for 40,000 households in the city of Kenosha, Wisconsin.
September 23, 2022 – The city of Kenosha, Wisconsin, and SiFi Networks on Thursday announced the start of construction of an all-fiber network that is advertised to bring high-speed broadband to all 40,000 households, businesses, and other locations in the city.
The $100-million, privately funded project is scheduled to be completed in approximately three years and will provide speeds of up to 10 Gigabits per second (Gbps), SiFi Networks said. The project has been announced to be open access: Many service providers will simultaneously lease sections of the network. SiFi says this model will enhance competition and bring “the fastest speeds at the most competitive prices to the consumer.”
“Kenosha is a special city with wonderful residents who are ready for modern-day connectivity,” said Marcus Bowman, community relations manager at SiFi Networks. “SiFi Networks is delighted to make the long-term investment in Kenosha because we see how fiber networks transform communities into hubs of innovation, remote work, better healthcare, and smart city services.”
“Kenosha residents and businesses will see a great benefit from the Kenosha FiberCity project, ensuring that affordable, high-speed internet service is available throughout the entire city,” Kenosha Mayor John Antaramian said.
Cruz and Klobuchar find agreement on Journalism bill
A bipartisan bill that would alter existing antitrust law to create a safe harbor for news outlets engaged in collective bargaining with big-tech platforms was approved Thursday by the Senate Judiciary Committee.
Supporters of the Journalism Competition and Preservation Act say it would give news outlets the influence necessary to obtain fair compensation for their work from large platforms such as Facebook and Google.
The bill was scheduled to advance out of the Judiciary Committee earlier this month. Its passage was delayed by sponsor Amy Klobuchar, D-Minn., after the committee adopted an amendment from Sen. Ted Cruz, R-TX, that would limit platforms’ ability to moderate content.
Cruz’s amendment would have outright removed the antitrust exemption if outlet–platform negotiations included content-moderation policies, which Klobuchar called the amendment a “get out of jail free card” for platforms. Instead, the version of the bill advanced Thursday states that bargaining shall be conducted “solely to reach an agreement regarding the pricing, terms and conditions.”
“This is a major win for free speech and it strikes a blow against the virtual monopoly that Big Tech has to limit the information that Americans see online,” said Cruz’s official statement on Thursday. “The bottom line is Big Tech hated this bill from the start and now they hate it even more.”
Rosenworcel speaks to Grace Hopper Celebration
Federal Communications Commission Chairwoman Jessica Rosenworcel touted the importance of women in technology at the Grace Hopper Celebration networking event on Thursday.
“The Grace Hopper Celebration is known for being the world’s premier networking event for women in technology,” Rosenworcel said. “It is great to see it and just be here. Because in my two decades of working on technology policy, I have not been in a lot of rooms like this. In fact, I have lost count of the times that I have been the only woman in the room.”
The FCC’s chairwoman called on colleagues to “pull up a chair” for other women in tech as well as struggling community members. Speaking of her time as a commissioner at the FCC, Rosenworcel said she was one of only a few officials working to close the “homework gap” before the onset of the Covid-19 pandemic.
She also committed to advance “issues that affect women in technology,” promising to promote telehealth solutions for maternity care, extend basic phone services to victims of domestic abuse, and scrutinize the privacy standards of mobile providers to ensure the privacy of women’s medical history.
- Kate Forscey: Mobile Broadband Gap Needs to Be Remedied, Too
- FCC Proposal for Robotexts, FCC Mapping Problems, TikTok’s Preliminary Deal
- As Middle Mile Program Deadline Approaches, NTIA Proposes ‘Buy America’ Exemptions
- Reason 5 to Attend Broadband Mapping Masterclass: Understanding Public Challenges
- FCC Spectrum Authority Expires on September 30, Agency Seeks Renewal
- NTCA Smart Rural Communities, International Telecommunications Union Conference, Carr on TikTok
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