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New York Lawmaker’s Social Media Bill, Google Data Settlement Upheld, Netherlands Antitrust for Apple

NY’s Brad Hoylman introduced legislation that would attempt to control how social media handles users’ speech.

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New York Democratic State Senator Brad Hoylman

December 29, 2021 – New York State Democratic Senator Brad Hoylman is joining the list of lawmakers to have introduced legislation that would attempt to control how social media handles users’ speech.

The new bill Hoylman announced this week would prohibit platforms from promoting certain objectionable content such as false and fraudulent medical information, which has seen increased scrutiny during the coronavirus pandemic.

Should it be passed, the law would likely face significant legal challenges on First Amendment grounds, with courts having ruled in the past that even false statements are constitutionally protected speech.

Santa Clara University law professor Eric Goldman says that even though the bill targets platforms’ promotion of such speech rather than simply the hosting of it, constitutional issues would likely still abound.

Earlier this year Sen. Amy Klobuchar, D-Minnesota, introduced the Health Misinformation Act that would create an exception to Section 230 for users’ posts with false health information promoted algorithmically during a national emergency. The act specifically aims to discourage platforms from promoting false content on COVID-19.

Republican bills in Texas and Florida that appear to be opposite to Hoylman’s proposal were blocked by federal judges. The laws attempted to require social platforms to host certain types of content even if it was objectionable or factually suspect.

State officials are currently waiting for responses from appellate judges to requests to reinstate those laws.

Federal court upholds settlement over Google Street View data

The 9th U.S. Circuit Court of Appeals on Monday upheld Google’s settlement in a class action case alleging the company collected Wi-Fi data illegally through its Street View program.

The court rejected the argument that the settlement, totaling $13 million, was unfair because it only gave money to privacy groups and not the class members.

In the court’s Monday decision, Judge Bridget Bade said it was not feasible to distribute money directly to the 60 million people whose data the suit said was collected.

The initial suit was filed in 2010, stating that the vehicles Google used to take photos of streets around the world collected sensitive information such as emails, passwords and documents from Wi-Fi connections.

The case was settled in San Francisco federal court in 2018, paying out to nine involved privacy groups.

Prior to this appeal of the case, the settlement had been approved last year following objections from two class members and a group of state attorneys general.

Netherlands regulator rules against Apple store use

A regulator in the Netherlands last week required Apple to allow that dating apps use non-Apple payment platforms due to Apple’s alleged abuses of its dominant position in markets.

Apple will also be required to provide dating app users with in-app notifications about non-Apple payment options.

The chairman of the board of the Netherlands Authority for Consumers and Markets stated that Apple has “special responsibilities” because of its dominance.

The order gives Apple two months to comply, after which it will face fines of around $5.7 million a week with a maximum of around $57 million.

Regulators expressed concern over Apple’s conditions that render dating apps unable to handle any issues regarding invoicing, cancellation and refunds directly with customers. Additionally, apps have a hard time carrying out safety protocols such as background checks.

Earlier this month in the U.S., a federal appellate panel stayed a California federal district court judge’s order for Apple to allow all app developers to use in-app buttons or links that direct customers to outside payment options.

Broadband Roundup

USDA Hires Lumen, Ligado Marketing Services, IRS Facial ID, New Public Knowledge Hire

The Department of Agriculture awarded Lumen a $1.2-billion, 11-year contract for data services.

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Lumen President and CEO Jeff Storey

January 20, 2022 – On Thursday, the U.S. Department of Agriculture announced a $1.2-billion network services contract with telecom Lumen Technologies.

The 11-year contract will provide the department with data transport service with remote access and cloud connectivity, leveraging Lumen’s fiber network to connect 9,500 USDA locations across the country and abroad to better manage agriculture in the country, the press release said.

“Lumen is bringing modern technology solutions that will make it easier for the USDA to accomplish its mission of promoting the production of nutritious food that nourishes our people, providing economic opportunity to rural Americans, and preserving our nation’s natural resources through smart forest and watershed conservation,” said Zain Ahmed, Lumen’s public sector senior vice president.

The contract was granted under the General Services Administration’s $50-billion Enterprise Infrastructure Solutions program.

Ligado Networks and Select Spectrum to strengthen critical networks

Mobile communications company Ligado Networks and spectrum brokerage and advisory firm Select Spectrum announced an agreement on Tuesday that will market and sell Ligado’s mid-band spectrum services for critical infrastructure.

“We know the critical infrastructure sector has an urgent need for dedicated access to licensed spectrum, and our mid-band spectrum, with both satellite and terrestrial connectivity, is uniquely positioned to meet this need and empower companies to operate private networks on a long-term basis,” said Ligado Networks’ CEO Doug Smith in a press release.

According to the agreement, Select Spectrum will search for those seeking to use Ligado’s licensed spectrum in the 1.6 GHz band in order to provide 5G capabilities to projects like power grid modernization and advanced transportation initiatives.

IRS to require facial recognition for taxes access

According to a Wednesday Gizmodo article, starting this summer online tax filers will have to submit a selfie to a third-party verification company called ID.me in order to make payments or file taxes online. Along with facial identification, users will also have to submit government identification documents and copies of bills to confirm their identity.

ID.me will use the selfie and compare it to the government identification document to verify the user. If the system fails to match the two documents, the user can join a recorded video to provide verification to the user.

Gizmodo’s article claimed that both the IRS and ID.me could not provide a method to access user accounts without providing a face scan. This could be problematic for tax filers that don’t have access to certain technologies.

Public Knowledge hires new senior policy analyst

Non-profit public interest group  Public Knowledge announced Tuesday that it has brought on Lisa Macpherson as senior policy analyst.

According to a press release, Macpherson’s “experience driving digital marketing transformation on behalf of brands led to concerns over the broader impacts of digital technology on individual well-being, civil society, journalism, and democracy.”

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National Privacy Law, Digital Infrastructure Firm’s $8B Raise, Wicker Wants Spectrum Cooperation

Business groups are asking Congress to supersede state laws by passing privacy legislation that sets a national standard.

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Senator Roger Wicker, R-Mississippi

January 19, 2022 – As states begin to pass their own privacy laws, business groups are asking the federal government to pass legislation that would mitigate confusion by creating a national standard, reports MediaPost Communications.

The Association of National Advertisers, Interactive Advertising Bureau, and the U.S. Chamber of Congress are just a few of the business groups that are asking for a national privacy law.

“As the Federal Trade Commission considers a privacy rulemaking that would add a further layer of complexity to the state patchwork, it is critical that Congress pass one single national standard”, the groups stated in a letter that was signed by 15 national organizations and then by local business groups from across the country, the MediaPost report said.

California, Virginia, and Colorado are just a few of the states that have passed their own version of a privacy law, and while they all serve a similar purpose, they have various nuances that the business groups said they believe will be difficult to navigate for their businesses and for consumers across state lines, MediaPost reports.

In addition, there are members of Congress who are also asking for a national plan for consumer privacy.

Digital infrastructure firm DigitalBridge raises over $8 billion

DigitalBridge Investment Management, an investment firm in digital infrastructure, raised a higher-than-expected $8.3 billion, according to a Wednesday press release, illustrating interest in projects including fiber builds.

“The Fund has already invested in nine portfolio companies across towers, easements, hyperscale data centers, edge infrastructure, indoor DAS infrastructure and fiber, running reliable, mission-critical network infrastructure for many of the world’s leading hyperscale cloud providers and mobile network operators,” the release said.

The round comes as the federal government pushing billions of dollars into infrastructure, including broadband and as the pandemic has shown a need for remote capabilities driven by broadband.

Republican lawmaker calls for NTIA-FCC cooperation on spectrum

Senator Roger Wicker, R-Mississippi, sent a letter earlier this month to the head of the Federal Communications Commission and the National Telecommunications and Information Administration asking them to consider a renewed agreement to work together on spectrum management.

The January 13 letter to FCC Chairwoman Jessica Rosenworcel and new NTIA head Alan Davidson said their “relationship can be strengthened” on matters related to the shared use of radiowaves between federal and non-federal users by refreshing the memorandum of understanding that was last updated in 2003.

“In light of recent disputes over spectrum allocations, it is more important than ever that the [FCC and NTIA] work together to promote spectrum policy that best serves the dual goals of furthering commercial innovation and enabling the mission-critical operations of federal agencies,” the letter said.

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Airlines’ 5G Warning, 3.45 GHz Winners, Bongino YouTube Suspension

Airlines claim the need to cancel a many flights because of interference between altimeters and 5G transmitters.

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Dan Bongino
Conservative commentator Dan Bongino

January 18, 2022 — Major American airlines are saying that they will need to cancel a significant number of flights from possible interference between aircraft altimeters and 5G signals this week, according to multiple news reports.

Verizon and AT&T, which are deploying 5G services around airports using the C-band spectrum, had already agreed to a deployment delay earlier this month at the behest of the airlines, but are planning of turning on service this week.

The signals that come from the 5G service risk “interfering with safety equipment pilots rely on to take off and land inclement weather,” said the CEOs of major American airlines in a letter to United States officials, according to NBC News.

“The nation’s commerce will grind to a halt” and leave “tens of thousands of Americans” stranded overseas, the letter said, adding “immediate intervention is needed to avoid significant operational disruption to air passengers, shippers, supply chain and delivery of needed medical supplies.’”

Industry group Cellular Telecommunications Industry Association stated that “5G is safe and the spectrum is currently in use in nearly 40 other nations.”

FCC announces winning bidders in 3.45 GHz auction

The Federal Communications Commission announced Friday the winning bidders for the 3.45 GHz auction, frequencies important for 5G services.

The top five winners were AT&T with winning bids worth just over $9 billion; Weminuche  won bids worth just over $7 billion; T-Mobile took nearly $3 billion worth; Three Forty-Five Spectrum nabbed $1.4 billion worth; and United States Cellular Corp took licenses valued at nearly $600 million.

According to a press release from the FCC, 13 of the 23 companies that won bids are “small businesses or as entities serving rural communities.”

Chairwoman Jessica Rosenworcel said that enabling “commercial use of this spectrum is important to America’s continuing economic recovery and 5G leadership.” The gross proceeds of this auction were over $22.5 billion.

Dan Bongino latest conservative voice ousted from tech platform

Alphabet’s YouTube temporarily suspended conservative commentator Dan Bongino‘s channel due to misinformation regarding the COVID-19 pandemic, making him the latest voice from the right to be removed for that purpose.

The Hill reported that Bongino declared masks “useless” in the fight against COVID-19, which was in direct violation of YouTube’s COVID-19 policy, which “specifically prohibits content denying the effectiveness of wearing masks, which the vast majority of the scientific community agrees reduces the risk of infection.”

The suspension, which includes him being removed from a program that allows him to get paid for his uploads, lasts a week with a second offense leading to a two-week suspension, and a third to a permanent ban.

The ban follows social media company Twitter’s removal of Georgia Republican Representative Marjorie Taylor Greene, which was followed by Republican Kentucky Senator Rand Paul removing himself from YouTube earlier this month.

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