Broadband Roundup
Congress Sneaks Trio of Intellectual Property Bills Into Funding Omnibus, Plus Reactions, and Additional Copyright Changes

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.
Broadband Roundup
CHIPS Act Rules Against China, Idaho State Broadband Funds, FCC Combats Hidden Fees
Commerce Department’s new proposal would limit CHIPS Act recipients from investing in other countries

March 23, 2023 – The Department of Commerce released a Notice of Proposed Rulemaking to limit recipients of the CHIPS and Science Act from investing in the expansion of semiconductor manufacturing in foreign countries of concern such as People’s Republic of China, Russia, Iran, and North Korea, according to Commerce department press release Tuesday.
“The innovation and technology funded in the CHIPS Act is how we plan to expand the technological and national security advantages of America and our allies; these guardrails will help ensure we stay ahead of adversaries for decades to come,” said Secretary of Commerce Gina Raimondo.
“CHIPS for America is fundamentally a national security initiative and these guardrails will help ensure malign actors do not have access to the cutting-edge technology that can be used against America and our allies.”
In addition to the national security guardrails the CHIPS and Science Act already included, these new proposed rules would prohibit significant transactions for leading-edge and advanced facilities in foreign countries of concern for 10 years from the date of award; limit the expansion of existing legacy facilities and prohibit recipients from adding new production lines or expanding a facility’s production capacity beyond 10 percent; classify semiconductors as critical to national security; and impose restrictions on joint research and technology licensing efforts with foreign entities of concern.
The Commerce Department is now seeking comments for 60 days.
Idaho invests $125 million in state funds for broadband deployment
Idaho on Monday passed legislation to spend $125 million in state funds on broadband deployments as a part of it’s “Idaho First” plan, according to a statement from the governor’s office. The state plans to spend an additional $100 million is nearing legislative approval.
“In a data-driven society, connectivity is imperative for a strong economy. Improved broadband infrastructure means both urban and rural Idaho will be connected and well-positioned to attract business and enhance our citizens’ quality of life,” said Idaho Gov. Brad Little.
“I appreciate my legislative partners for prioritizing these new ‘Idaho First’ investments in broadband expansion,” said Little. “Together, we are ensuring a kid in Pierce can learn online with a kid from Pocatello and a senior citizen in Challis can connect to her doctor in Chubbuck. This is about all about connecting Idaho and improving lives.”
Both of these two states could receive millions more in broadband funding through the Broadband Equity Access and Deployment program.
Cable and broadcast satellite providers must offer customers what they charge and why they charge
A new proposal introduced by Federal Communications Commission Chairwoman Jessica Rosenworcel would require cable operators and direct broadcast satellite providers to specify their prices for video programming service in both their promotional materials and on subscribers’ bills, so that customers will not be confused, according to a Wednesday press release.
According to the proposal, cable and DBS providers need to include separate lines on each payment bill and promotional material for broadcast retransmission consent, regional sports programming, and fees for other programs that customers might sign up but without clear understanding.
“Consumers deserve to know what exactly they are paying for when they sign up for a cable or broadcast satellite subscription. No one likes surprises on their bill, especially families on tight budgets,” Rosenworcel said in the statement.
“We’re working to make it so the advertised price for a service is the price you pay when your bill arrives and isn’t littered with anything that resembles junk fees.”
This proposal of consumer protection is “latest in the Commission’s price transparency and increased competitiveness initiatives” which also includes the nation’s first Broadband Nutrition Label, that requires broadband providers to display easy-to-understand labels to allow consumers to compare broadband service shop and choose for their own, according to the press release.
Broadband Roundup
Space Bills Get Markup, Cybersecurity Reserve Bills Introduced, Gigabit Center Opens in Crown Heights, NY
The Secure Space Act and the Satellite and Telecommunications Streamlining Act are scheduled for mark-up on Thursday.

March 23, 2023 – The House Energy and Commerce Committee will host a mark-up meeting on Thursday to consider pieces of legislation that will “keep America at the forefront of next-generation communications technology,” according to a press release.
The Secure Space Act and the Satellite and Telecommunications Streamlining Act introduced by Chairman Frank Pallone, Jr., D-N.J., and Ranking Member Cathy McMorris Rodgers, R-Wash. in December last year will be among those going through the line-by-line process on Thursday.
The Secure Space Act prohibits the Federal Communications Commission from issuing satellite licenses or other related authorizations to untrusted actors, based on the framework adopted in the Secure and Trusted Communications Networks Act.
The Satellite and Telecommunications Streamlining Act clarifies FCC authority with the goal of promoting responsible use of space, incentivizing investment and innovation, and advancing U.S. leadership.
“America is leading the way in next-generation satellite technologies, which are contributing to a revolution in the communications marketplace,” the representatives said in a statement. “To make sure the U.S. – not China – continues to lead this global industry, we must streamline our regulatory processes to unleash innovation while also ensuring our laws fully protect the American public.”
Bills to ensure cybersecurity reserves in government introduced
Two bills introduced Tuesday by Sens. Jacky Rosen, D-Nev., and Marsha Blackburn, R-Tenn., would establish pilot programs that would hire civilian cybersecurity personnel in reserve to “ensure the U.S. government has the talent needed to defeat, deter, or respond to malicious cyber activity, especially at times of greatest need.”
The bills, some versions of which were previously introduced but did not pass, would establish the Civilian Cybersecurity Reserve pilot programs within the Department of Defense and the Department of Homeland Security.
“Cybersecurity threats targeting the United States continue to grow in scale and scope, demonstrating the urgent need for robust civilian cyber reserves capable of addressing these threats and protecting our nation,” Rosen said in a press release on Tuesday. “Our bipartisan legislation will help ensure the U.S. government can leverage existing cybersecurity talent from the private sector to help our nation deter and swiftly respond to cyberattacks.”
The bills comes at a time when federal agencies are “experiencing a growing shortage of cybersecurity talent,” the release said.
“As the cyber domain continues to expand in size and complexity, so should our cyber workforce,” Blackburn said. “By creating a reserve corps similar to our National Guard or Army Reserve, we can ensure the U.S. has qualified, capable, and service-oriented American talent that is necessary to address cyber vulnerabilities and keep our nation secure.”
Gigabit Center to provide free internet to students in Crown Heights, NY
The Brooklyn Gigabit Center, which will provide free internet resources for students, opened in Crown Heights, New York on Wednesday.
The center will provide free high-speed Wi-Fi, technology, education and school supplies to Crown Height, New York, an area where 36 percent of households lack broadband, according to the press release.
The center opened with a press conference hosted by the administration of Mayor Eric Adams, LinkNYC, the New York City Office of Technology and Innovation, digital infrastructure company ZenFi Networks, and tech education non-profit Digital Girl, according to a ZenFi Networks press release.
ZenFi Networks has previously opened centers in the Bronx, Manhattan, and Queens to help the local communities to learn and adopt to modern technologies.
Broadband Roundup
DOJ Investigates TikTok, Google’s Generative AI Tool, Charter Counsel Retiring
An internal TikTok investigation found employees had allegedly spied on journalists, the Times reported.

March 21 – Federal authorities are investigating Chinese-owned video sharing app TikTok over allegations its spying over journalists, reported The New York Times on Friday.
Three people familiar with the case told the Times that the Department of Justice has been investigating the company ByteDance after internal emails showed the company had conducted an internal investigation and “found employees gained access to data from two journalists and people associated with them,” the Times said.
According to the Times, a spokesperson said the company “strongly” condemns the actions of the four employees who obtained the data on the journalists and are no longer working for the company.
The investigation comes during a time Washington and state governments are on heightened alert of the app they say is a national security risk. A new memorandum by the White House’s Office of Management and Budget published in February outlines how agencies are to identify and ban problematic software, like TikTok, from government devices and networks.
Senators have also introduced the RESTRICT Act to further strength national cybersecurity by empowering the Department of Commerce to examine critical infrastructure products and ensure “comprehensive actions to address risks of untrusted foreign information communications and technology products.”
Google releases new Bard generative AI tool for trialing
Google has released an artificial intelligence tool intended to assist users in daily tasks, the search engine giant’s attempt to enter the generative AI space shared by the popular ChatGPT application.
Called Bard, the tool allows users to use the generative AI software as a personal assistant to ask the machine to come up with ways to accomplish tasks. The tool presents a chat box that the user inputs questions into, with the “large language model” generating tips automatically.
Google said the machine is in “experiment” mode and is asking users to contribute to its refinement.
Bard comes a week after OpenAI, the company behind generative AI tool ChatGPT, announced the latest version of the tool that has been able to craft novels using basic prompts. In the latest version, the tool has been able to create websites and versions of 2D video games.
Its power has concerned lawmakers and has sparked calls by experts for its regulation.
Aleksander Mądry, professor of Cadence Design Systems at the Massachusetts Institute of Technology, said in a recent subcommittee hearing that generative AI is a very fast moving technology, meaning the government needs to step in to confirm the objectives of the companies and whether the algorithms match the societal benefits and values.
In January, ChatGPT eclipsed 100 million monthly users.
Charter’s executive vice president is retiring
Richard Dykhouse, executive vice president, general counsel and corporate secretary of Charter Communications, is set to retire from his position, but will remain until the company picks a successor, the cable company announced Monday.
“Rick has played a significant role in Charter’s transformation and growth story – including its reorganization in 2009, the acquisitions of Time Warner Cable and Bright House Networks, and the largest-ever integration of cable companies,” Chris Winfrey, Charter’s president and chief executive officer, in a press release. “I am grateful for Rick’s leadership, advice and sound judgment over the years and pleased that he will continue to assist us throughout the transition to his successor.”
Once the company finds the right person, Dykhouse will remain as executive counsel to support the transition, the release said.
Dykhouse joined Charter in 2006.
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