July 6, 2021 – Justices Clarence Thomas and Neil Gorsuch said Friday the Supreme Court should revisit the New York Times v. Sullivan decision and explore how it applies to social media and technology companies with respect to the First Amendment.
“Since 1964,” Gorsuch wrote Friday, “our Nation’s media landscape has shifted in ways few could have foreseen.”
The 1964 ruling determined the rights given to the press and the public in their right to criticize public officials even in times of crisis. The Court held that the First Amendment protects media that use controversial words about a public official to foster vigorous debate about government and public affairs as long as they are not acting with “actual malice.”
In 2019, Thomas urged the court to take another look at New York Times v. Sullivan, calling it a policy-driven decision “masquerading as constitutional law.”
Thomas has also been a strong supporter of social media regulation and said the companies have come to have “unbridled control” and that Congress should update the rules.
Gorsuch wrote in his dissenting opinion in the case that “thanks to the revolutions in technology, today virtually anyone in this county can publish virtually anything for immediate consumption virtually anywhere in the world.”
Critics unsure of EU-US trade summit accomplishments
Last month’s US-EU summit marked the renewal of a transatlantic partnership dedicated to address issues of competition, connectivity, and new technologies and protecting the idea of a globally-connected internet.
But debates have emerged since as to whether it amounted to a policy success of failure. Both the EU and the US have been working on several tech policy initiatives, including digital regulation, antitrust, limiting foreign investment, and addressing cyber threats.
Before the summit, the German Marshall Fund hosted an event on what to expect. “We need to zoom into priorities to where can do work together,” said Thibaut Kleiner, director for policy strategy and international affairs for the European Commission.
“We ought to view it as the beginning of the process, not the solution,” said Tom Wheeler, former chairman of the Federal Communications Commission. “Great things are done by a series of small things brought together.”
One of the biggest accomplishments at the summit included the EU-US Trade and Technology Council. The council is expected to serve the purpose of working on issues including emerging technologies, cybersecurity, and global tech standards.
However, critics have pointed out that past bilateral economic and strategic dialogues have lacked substance and have a history of putting off confronting difficult issues.
C-SPAN’s The Communicators will be discontinued
The last episode of The Communicators program will air on July 31.
C-SPAN’s popular program has been holding weekly discussions since 2005 with legislators, business leaders, and experts from the technology sector. Within their 13 seasons, they have featured interviews with FCC commissioner Mignon Clyburn, renowned technology journalist Walt Mossberg, and Rep. Marsha Blackburn, R-Tennessee.
C-SPAN’s Robin Newton explained: “We recognize that programs and series run their life cycle and staffing changes and new priorities are taking us in a different direction.”
Senate Bill Would Alter Google Advertising, DOJ Cybersecurity Policy Reversal, Comcast on Hybrid Fiber-Coax
Senate introduces bill breaking up Google’s digital advertising business
May 20, 2022 – On Thursday a bipartisan group of senators on the Judiciary Committee introduced a bill that would force Google to break up its industry-leading online advertising exchange.
The Competition and Transparency in Digital Advertising Act would prohibit large companies like Google from both operating an ad exchange and a supply- or demand-side platform, should they process more than $20 billion in ad transactions.
The bill would also require Facebook to divest some of its advertising business.
“Companies like Google and Facebook have been able to exploit their unprecedented troves of detailed user data to obtain vice grip-like control over digital advertising,” said bill sponsor Sen. Mike Lee, R-Utah.
In late 2020, a coalition of 10 state attorneys general brought a lawsuit against Google alleging that its market dominance lets it overcharge businesses seeking to place ads online.
Justice Department changes directions on cybersecurity prosecution policy
On Thursday the Department of Justice announced it would reverse its charging policy on a federal computer fraud law, saying it will not prosecute “good-faith security research” efforts.
The change by the department relates to the Computer Fraud and Abuse Act, defining good-faith research as “accessing a computer solely for purposes of good-faith testing, investigation, and/or correction of a security flaw or vulnerability” without any intention of harming the public.
Last year, Georgia police sergeant Nathan Van Buren was successful in appealing his conviction under the CFAA to the Supreme Court.
DOJ argued that he should not have taken a bribe to access a woman’s license plate information during a 2015 Federal Bureau of Investigation sting operation, while Van Buren claimed that he had legitimate access to the database.
Comcast plans to release hybrid fiber-coaxial multi-gig speeds in the coming months.
Comcast is preparing to roll out faster multi-gigabit speeds across its hybrid fiber-coaxial network, Fierce Telecom reported Thursday.
Multi-gig rollout is expected in the coming months.
At an investor conference Comcast CEO Dave Watson stated that his operator’s choice to roll out mid-split upgrades on the way to Data Over Cable Service Interface Specification 4.0 technology will allow it to take speeds to the next level.
“We have a very fast, very efficient path to multi-gig symmetrical at scale that we can do,” said Watson.
He feels comfortable that despite Comcast fiber deployments in select locations, the company feels comfortable that its HFC network will remain competitive.
He also reiterated previous comments that fixed wireless access service is not a threat and that it does not materially impact churn from fixed wireless competitors.
AT&T and DISH Agreement, FCC Adds More States in Robocall Fight, $50M from Emergency Connectivity Fund
Dish said its customers will now have access to AT&T’s gigabit fiber services.
May 19, 2022 – On Wednesday, AT&T and Dish Network announced an internet distribution agreement in which Dish customers will have access to AT&T internet services, including its gigabit fiber services.
“Adding AT&T Internet to our robust lineup of TV and home integration services enhances our ability to provide better overall service, technology and value to our customers,” Amir Ahmed, executive vice president of DISH TV, said in a press release.
“At AT&T, we’re constantly thinking of ways we can better serve and provide for our customers. Through this new arrangement with DISH, we’re able to do just that by seamlessly offering our super-fast broadband services to more customers across the nation,” said Jenifer Robertson, executive vice president and general manager of mass markets at AT&T Communications.
“This is another step towards our goal of becoming the best broadband provider in America,” said Robertson.
FCC adds more state partners to tackle illegal robocalls
The Federal Communications Commission announced Thursday new partnerships with nine additional state attorneys general to combat illegal robocalls.
The agency said Iowa, Florida, Louisiana, Maine, Massachusetts, Mississippi, Nevada, New Hampshire, and South Carolina have all signed on to help with robocall investigations.
That raises the number of states that have signed a memoranda of understanding with the FCC to 36, after the agency last month signed on a handful more states for the initiative. The agency has already credited at least one state with helping it nail one suspected robocall violator.
As part of the agreement, the parties will “share evidence, coordinate investigations, pool enforcement resources, and work together to combat illegal robocall campaigns and protect American consumers from scams,” according to the FCC.
“We are better positioned to help protect consumers from scammers than ever before,” said FCC Chairwoman Jessica Rosenworcel. “Together we are stronger. Together we will continue our work to protect American consumers.”
The FCC already has robocall investigation agreements with Alaska, Arizona, Arkansas, California, Colorado, Connecticut, the District of Columbia, Idaho, Indiana, Kansas, Kentucky, Michigan, Minnesota, Missouri, New Jersey, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Tennessee, Texas, Vermont, Virginia, Washington, West Virginia, and Wyoming.
FCC commits additional $50 million from Emergency Connectivity Fund
The FCC announced on Wednesday that it has approved an additional $50 million from the Emergency Connectivity Fund program that is intended to help students with virtual learning.
The FCC said this funding will go to help 46 schools, seven libraries and two consortia across the country for students in American Samoa, Arizona, Colorado, Illinois, Ohio, and the U.S. Virgin Islands.
The FCC estimates that, so far, nearly $4.9 billion has been committed to connect over 12.6 million students across the country.
FCC Chairwoman Jessica Rosenworcel added in a press release that “this program is providing funding for nearly 11 million connected devices and 5 million broadband connections throughout the country and moving us closer toward closing the Homework Gap.
“With help from the Emergency Connectivity Fund, millions of students across the country now have online tools to support their education,” added Rosenworcel.
FCC June Meeting, Ookla Speeds at Airports, FCC Cautioned About Overstepping on Digital Discrimination
The FCC laid out its agenda for the June open meeting.
May 18, 2022 – In a press release Tuesday, the Federal Communications Commission announced the agenda for its June 2022 open meeting.
The FCC will explore ideas for wireless innovation at sea following increasing demand for spectrum to support offshore operations. The FCC will consider offshore spectrum policies to ensure efficient use of scarce spectrum resources.
In 2018, the FCC launched an inquiry to explain why some wireless 911 calls were misrouted to the wrong call center. The past four years showed a decrease in the frequency of this error but not its elimination. The FCC will seek comment on improvements that would reduce misrouted 911 calls and improve emergency response time.
During the June open meeting, the FCC will also consider preserving established local radio programming on FM6 radio service, if they meet certain conditions.
Ookla speedtest shows divide on speeds for Wi-Fi at airports
Analytics company Ooka analyzed airport Wi-Fi speeds at some of the busiest airports in the world and found that all surveyed airports met the recommended speed for streaming on mobile, but found a large divide between them.
The four fastest free airport Wi-Fis were all located in the United States: San Francisco International, Seattle-Tacoma International, Dallas/Fort Worth International, and Chicago O’Hare International. Following that came Dubai International, Hartsfield-Jackson Atlanta, Amsterdam Airport Schiphol, and Los Angeles International.
According to Speedtest Intelligence data, there is a wide gap between median speeds of the first 8 airports and the other airports on the list with the fasted being 176.25 Mbps. Airport lounges were found to have faster Wi-Fi on average than the airport itself.
Ookla, a sponsor of Broadband Breakfast, used its Speedtest Intelligence, which provides global insights into fixed broadband and mobile performance data using billions of consumer-initiated tests.
Tech lobbyists says FCC must not overstep authority to prevent digital discrimination
Tech lobbyist TechFreedom filed comments on Monday claiming that the Federal Communication Commission is overstepping its authority to regulate digital discrimination, following the FCC’s inquiry on how to prevent such a practice.
“If Congress had wanted the FCC to implement a new civil right law for broadband, it would have legislated a clear prohibition on discrimination – the essential element in all civil rights laws,” TechFreedom President Berin Szóka said in a release. “Instead, Congress wrote a law entirely about ‘facilitation.’”
The FCC’s inquiry follows an order under the Infrastructure, Investment and Jobs Act to make rules to “facilitate” equal access to broadband and “prevent digital discrimination.”
“It is simply not plausible that Congress could have intended to change how broadband deployment is regulated in an obscure amendment tacked onto a spending bill on the Senate floor with no discussion or legislative history,” Szóka argued.
He concluded that there are other routes the FCC can take to prevent digital discrimination and facilitate equal access. Szóka called on the commission to “focus on directing funding towards remedying unequal access to broadband and preventing potential digital discrimination- not only under the infrastructure act but also the FCC’s various other broadband programs.”
- State Broadband Offices Have Obligation to Explain NTIA Notice of Funding to Applicants
- Mountain Connect Features NTIA’s Alan Davidson, 2 Colorado Senators and State Attorney General
- Senate Bill Would Alter Google Advertising, DOJ Cybersecurity Policy Reversal, Comcast on Hybrid Fiber-Coax
- Rahul Sen Sharma: The Metaverse is Not Web 3.0
- AT&T and DISH Agreement, FCC Adds More States in Robocall Fight, $50M from Emergency Connectivity Fund
- FCC Seeks Comment on Higher Broadband Speeds and Increased Security Measures for Certain Carriers
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