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Broadband Breakfast on November 23, 2022 – Elon and Ye and Donald, Oh My!

How will Elon Musk’s acquisition of Twitter and Ye’s acquisition of Parler shape the social media landscape?

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See Twitter Takeover by Elon Musk Forces Conflict Over Free Speech on Social Networks, Broadband Breakfast, November 23, 2022

Our Broadband Breakfast Live Online events take place on Wednesday at 12 Noon ET. Watch the event on Broadband Breakfast, or REGISTER HERE to join the conversation.

Wednesday, November 23, 2022, 12 Noon ET – Elon and Ye and Donald, Oh My!

With Elon Musk finally taking the reins at Twitter after a tumultuous acquisition process, what additional new changes will come to the world’s de facto public square? The world’s richest man has already reinstated certain banned accounts, including that of former president Donald Trump. Trump has made his own foray into the world of conservative social media, as has politically polarizing rapper Ye, formerly Kanye West, currently in the process of purchasing right-wing alternative platform Parler. Ye is no stranger to testing the limits of controversial speech. With Twitter in the hands of Musk, Parler in the process of selling and Trump’s Truth Social sort-of-kind-of forging ahead in spite of false starts, is a new era of conservative social media upon us?

Panelists

  • Mark MacCarthy, Nonresident Senior Fellow in Governance Studies, Center for Technology Innovation, Brookings Institution
  • Mike Masnick, Founder and Editor, Techdirt
  • Randolph May, President, The Free State Foundation
  • Bret Swanson, Nonresident Senior Fellow, American Enterprise Institute
  • Drew Clark (moderator), Editor and Publisher, Broadband Breakfast

Panelist resources:

Mark MacCarthy is a Nonresident Senior Fellow in Governance Studies at the Center for Technology Innovation at Brookings. He is also adjunct professor at Georgetown University in the Graduate School’s Communication, Culture, & Technology Program and in the Philosophy Department. He teaches courses in the governance of emerging technology, AI ethics, privacy, competition policy for tech, content moderation for social media, and the ethics of speech. He is also a Nonresident Senior Fellow in the Institute for Technology Law and Policy at Georgetown Law.

Mike Masnick is the founder and editor of the popular Techdirt blog as well as the founder of the Silicon Valley think tank, the Copia Institute. In both roles, he explores the intersection of technology, innovation, policy, law, civil liberties, and economics. His writings have been cited by Congress and the EU Parliament. According to a Harvard Berkman Center study, his coverage of the SOPA copyright bill made Techdirt the most linked-to media source throughout the course of that debate.

Randolph May is founder and president of The Free State Foundation, an independent, non-profit free market-oriented think tank founded in 2006. He has practiced communications, administrative, and regulatory law as a partner at major national law firms. From 1978 to 1981, May served as Assistant General Counsel and Associate General Counsel at the Federal Communication Commission. He is a past Chair of the American Bar Association’s Section of  Administrative Law and Regulatory Practice.

Bret Swanson is president of the technology research firm Entropy Economics LLC, a nonresident senior fellow at the American Enterprise Institute, a visiting fellow at the Krach Institute for Tech Diplomacy at Purdue University and chairman of the Indiana Public Retirement System (INPRS). He writes the Infonomena newsletter at infonomena.substack.com.

Drew Clark (moderator) is CEO of Breakfast Media LLC, the Editor and Publisher of BroadbandBreakfast.com and a nationally-respected telecommunications attorney. Under the American Recovery and Reinvestment Act of 2009, he served as head of the State Broadband Initiative in Illinois. Now, in light of the 2021 Infrastructure Investment and Jobs Act, attorney Clark helps fiber-based and wireless clients secure funding, identify markets, broker infrastructure and operate in the public right of way.

Social media controversy has centered around Elon Musk’s Twitter, Ye’s new role in Parler, and former U.S. President Donald Trump

WATCH HERE, or on YouTubeTwitter and Facebook.

As with all Broadband Breakfast Live Online events, the FREE webcasts will take place at 12 Noon ET on Wednesday.

SUBSCRIBE to the Broadband Breakfast YouTube channel. That way, you will be notified when events go live. Watch on YouTubeTwitter and Facebook

See a complete list of upcoming and past Broadband Breakfast Live Online events.

Broadband Breakfast is a decade-old news organization based in Washington that is building a community of interest around broadband policy and internet technology, with a particular focus on better broadband infrastructure, the politics of privacy and the regulation of social media. Learn more about Broadband Breakfast.

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Experts Disagree on Net Neutrality Legal Ground

The Supreme Court has shown less deference to federal agencies in recent years, a BBLO panel heard.

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Screenshot of the event on Wednesday.

WASHINGTON, September 27, 2023 – Experts disagreed at a Broadband Breakfast Live Online event on Wednesday whether reinstituted Federal Communications Commission rules on net neutrality would survive legal challenges. 

The FCC announced on Tuesday that it is looking to reinstate its 2015 net neutrality regulations, which involve categorizing broadband internet as a Title II service under the Communications Act of 1934. That would give the commission more muscle to regulate the industry, on par with its authority over telephone companies.

In particular, the commission is looking to prevent carriers from throttling or increasing users’ speed depending on the site they want to access.

The move survived legal scrutiny in 2016, when the D.C. Court of Appeals held the agency had the authority to classify technologies under the act as it saw fit. The Supreme Court would ultimately refuse to hear the case and let the D.C. ruling stand.

Berin Szoka, president of policy think tank TechFreedom, said Wednesday the legal landscape has changed since then, with a conservative majority on the Supreme Court that is more willing to tell federal agencies they are overstepping their boundaries.

“In the last six years, the ground has shifted very significantly,” he said.

He pointed to a dissent from then-D.C. Circuit judge Brett Kavanaugh when the court refused to rehear the net neutrality case. Kavanaugh, now part of a conservative majority on the Supreme Court, argued the FCC’s move to reclassify broadband was too drastic for it to do without explicit authorization from Congress.

“That was a dissent in 2017. That’s now the Court’s majority position,” he said, referring to the so-called major questions doctrine. Under the doctrine, the Supreme Court has ruled in recent years that federal agencies cannot enact policies that address major economic or political questions without explicit congressional authorization, giving agencies less authority to regulate as they see fit.

Stephanie Joyce, chief of staff and senior vice president of the Computer & Communications Industry Association, a tech trade group, said the doctrine might not apply to the FCC’s action at all.

She compared net neutrality rules to the EPA’s attempt to transition power plants to clean energy sources, which the Supreme Court nixed under the doctrine.

The EPA had not taken such a step before, she said, making it a bigger change in regulation than the FCC’s reclassification of broadband. That and other technology reclassifications have precedent at the commission, she said, including both the 2015 rules and a 1998 reclassification of DSL technology.

“I’m not sure the major questions doctrine is going to carry the day here,” she said.

Chip Pickering, CEO of another tech trade group, INCOMPAS, agreed that “there’s a lot of uncertainty” about how the Supreme Court would treat a challenge net neutrality rules from the FCC. But he said that a gridlocked Congress has little chance of enacting wider regulation on internet providers.

“Title II has, so far, been the only authority that’s been upheld on net neutrality,” he said. “And we have to act now.”

FCC commissioners will vote on whether to put up the proposed rules for public comment on October 19, barring a government shutdown.

Our Broadband Breakfast Live Online events take place on Wednesday at 12 Noon ET. Watch the event on Broadband Breakfast, or REGISTER HERE to join the conversation.

BREAKING NEWS SESSION! Wednesday, September 27 – What Happens Next on Net Neutrality?

Federal Communications Commission Chairwoman Jessica Rosenworcel wasted no time in promulgating rules regarding network neutrality. With Anna Gomez’ confirmation as the elusive fifth commissioner, Democrats finally have a majority at the agency. The chairwoman has said that she will put forward proposed rules on the topic at the agency’s open meeting on October 19. The partisan-tinged topic is expected to largely be a return of the 2015 rules under the agency’s authority under Title II of the Communications Act. One day after Rosenworcel’s Tuesday speech on net neutrality – and one day before the item is publicly released – Broadband Breakfast will convene industry and civil society stakeholders in a discussion about What Happens Next?

Panelists

  • Chip Pickering, CEO, INCOMPAS
  • Stephanie Joyce, Chief of Staff and Senior Vice President Computer & Communications Industry Association
  • Joe Kane, Director, Broadband and Spectrum Policy, Information Technology and Innovation Foundation
  • David Zumwalt, CEO, WISPA: Broadband Without Boundaries
  • Berin Szoka, President, TechFreedom
  • Drew Clark (moderator), Editor and Publisher, Broadband Breakfast

Panelist resources:

Please note: The originally scheduled Broadband Breakfast Live Online event, on renewing the Affordable Connectivity Program, will now take place on October 11, 2023.

For nearly three decades, Chip Pickering has been at the forefront of every major telecommunications milestone. From his time as a Senate staffer on the Commerce Committee shaping the Telecommunications Act of 1996, to his role as a Member of Congress leading on tech issues and overseeing the transition to the commercial internet, to serving as CEO of the leading internet and competitive networks association advocating for more competition and innovation in our ever-evolving industry. Through his leadership at INCOMPAS, Pickering continues to be a trusted voice and a leading expert on important issues facing the tech and telecommunications industry.

Stephanie Joyce joined CCIA after decades in private practice representing technology companies and competitive carriers before state and federal administrative agencies and courts. She is an experienced advocate for procompetitive policy, including her advocacy for CCIA at the FCC on broadband deployment and Open Internet rules. Stephanie has also provided counsel to telecommunications companies, as well as CCIA, on privacy matters. Stephanie is a graduate of the University of Notre Dame, received her graduate degree from George Washington University Elliott School of International Affairs, and her law degree from George Washington University Law School.

Joe Kane is director of broadband and spectrum policy at ITIF. Previously, he was a technology policy fellow at the R Street Institute, where he covered spectrum policy, broadband deployment and regulation, competition, and consumer protection. Earlier, Joe was a graduate research fellow at the Mercatus Center, where he worked on Internet policy issues, telecom regulation, and the role of the FCC.

David Zumwalt is CEO & CEO of WISPA – Broadband Without Boundaries.WISPA represents the interests of innovative, often small ISPs that provide fixed wireless, fiber and other connectivity solutions to consumers, businesses, first responders and community anchor institutions in the digital divide.  Supported by a robust vendor and supplier ecosystem, these ISPs deliver primary broadband connectivity in traditionally underserved and unserved suburban, rural and tribal communities nationwide, with a growing subscriber base now reaching nine million Americans. Prior to WISPA he served as Chief Operating Officer of Broadband VI, a major Internet Service Provider in the US Virgin Islands.  He also served as the Executive Director of the University of the Virgin Islands Research & Technology Park, an instrumentality of the USVI government formed to establish and grow a vibrant knowledge-based sector in the Territory’s economy.  He also founded and served as Chairman and CEO of Dallas-based CNet, Inc., a leading provider of radio frequency (RF) engineering and operational support system software and services to the worldwide wireless communications industry, securing significant customer relationships in forty countries.

Berin Szoka serves as President of TechFreedom. Previously, he was a Senior Fellow and the Director of the Center for Internet Freedom at The Progress & Freedom Foundation. Before joining PFF, he was an Associate in the Communications Practice Group at Latham & Watkins LLP, where he advised clients on regulations affecting the Internet and telecommunications industries.

Breakfast Media LLC CEO Drew Clark has led the Broadband Breakfast community since 2008. An early proponent of better broadband, better lives, he initially founded the Broadband Census crowdsourcing campaign for broadband data. As Editor and Publisher, Clark presides over the leading media company advocating for higher-capacity internet everywhere through topical, timely and intelligent coverage. Clark also served as head of the Partnership for a Connected Illinois, a state broadband initiative

Illustration by Bryce Durbin of TechCrunch

WATCH HERE, or on YouTubeTwitter and Facebook.

As with all Broadband Breakfast Live Online events, the FREE webcasts will take place at 12 Noon ET on Wednesday.

SUBSCRIBE to the Broadband Breakfast YouTube channel. That way, you will be notified when events go live. Watch on YouTubeTwitter and Facebook.

See a complete list of upcoming and past Broadband Breakfast Live Online events.

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Broadband Breakfast on Wednesday, September 27, 2023 – What Happens Next on Net Neutrality?

Industry and non-profit experts on both sides of net neutrality speak at 12 Noon ET on Wednesday.

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See Experts Disagree on Net Neutrality Legal Ground, Broadband Breakfast, September 27, 2023

Our Broadband Breakfast Live Online events take place on Wednesday at 12 Noon ET. Watch the event on Broadband Breakfast, or REGISTER HERE to join the conversation.

BREAKING NEWS SESSION! Wednesday, September 27 – What Happens Next on Net Neutrality?

Federal Communications Commission Chairwoman Jessica Rosenworcel wasted no time in promulgating rules regarding network neutrality. With Anna Gomez’ confirmation as the elusive fifth commissioner, Democrats finally have a majority at the agency. The chairwoman has said that she will put forward proposed rules on the topic at the agency’s open meeting on October 19. The partisan-tinged topic is expected to largely be a return of the 2015 rules under the agency’s authority under Title II of the Communications Act. One day after Rosenworcel’s Tuesday speech on net neutrality – and one day before the item is publicly released – Broadband Breakfast will convene industry and civil society stakeholders in a discussion about What Happens Next?

Panelists

  • Chip Pickering, CEO, INCOMPAS
  • Stephanie Joyce, Chief of Staff and Senior Vice President Computer & Communications Industry Association
  • Joe Kane, Director, Broadband and Spectrum Policy, Information Technology and Innovation Foundation
  • David Zumwalt, CEO, WISPA: Broadband Without Boundaries
  • Berin Szoka, President, TechFreedom
  • Drew Clark (moderator), Editor and Publisher, Broadband Breakfast

Panelist resources:

Please note: The originally scheduled Broadband Breakfast Live Online event, on renewing the Affordable Connectivity Program, will now take place on October 11, 2023.

For nearly three decades, Chip Pickering has been at the forefront of every major telecommunications milestone. From his time as a Senate staffer on the Commerce Committee shaping the Telecommunications Act of 1996, to his role as a Member of Congress leading on tech issues and overseeing the transition to the commercial internet, to serving as CEO of the leading internet and competitive networks association advocating for more competition and innovation in our ever-evolving industry. Through his leadership at INCOMPAS, Pickering continues to be a trusted voice and a leading expert on important issues facing the tech and telecommunications industry.

Stephanie Joyce joined CCIA after decades in private practice representing technology companies and competitive carriers before state and federal administrative agencies and courts. She is an experienced advocate for procompetitive policy, including her advocacy for CCIA at the FCC on broadband deployment and Open Internet rules. Stephanie has also provided counsel to telecommunications companies, as well as CCIA, on privacy matters. Stephanie is a graduate of the University of Notre Dame, received her graduate degree from George Washington University Elliott School of International Affairs, and her law degree from George Washington University Law School.

Joe Kane is director of broadband and spectrum policy at ITIF. Previously, he was a technology policy fellow at the R Street Institute, where he covered spectrum policy, broadband deployment and regulation, competition, and consumer protection. Earlier, Joe was a graduate research fellow at the Mercatus Center, where he worked on Internet policy issues, telecom regulation, and the role of the FCC.

David Zumwalt is CEO & CEO of WISPA – Broadband Without Boundaries.WISPA represents the interests of innovative, often small ISPs that provide fixed wireless, fiber and other connectivity solutions to consumers, businesses, first responders and community anchor institutions in the digital divide.  Supported by a robust vendor and supplier ecosystem, these ISPs deliver primary broadband connectivity in traditionally underserved and unserved suburban, rural and tribal communities nationwide, with a growing subscriber base now reaching nine million Americans. Prior to WISPA he served as Chief Operating Officer of Broadband VI, a major Internet Service Provider in the US Virgin Islands.  He also served as the Executive Director of the University of the Virgin Islands Research & Technology Park, an instrumentality of the USVI government formed to establish and grow a vibrant knowledge-based sector in the Territory’s economy.  He also founded and served as Chairman and CEO of Dallas-based CNet, Inc., a leading provider of radio frequency (RF) engineering and operational support system software and services to the worldwide wireless communications industry, securing significant customer relationships in forty countries.

Berin Szoka serves as President of TechFreedom. Previously, he was a Senior Fellow and the Director of the Center for Internet Freedom at The Progress & Freedom Foundation. Before joining PFF, he was an Associate in the Communications Practice Group at Latham & Watkins LLP, where he advised clients on regulations affecting the Internet and telecommunications industries.

Breakfast Media LLC CEO Drew Clark has led the Broadband Breakfast community since 2008. An early proponent of better broadband, better lives, he initially founded the Broadband Census crowdsourcing campaign for broadband data. As Editor and Publisher, Clark presides over the leading media company advocating for higher-capacity internet everywhere through topical, timely and intelligent coverage. Clark also served as head of the Partnership for a Connected Illinois, a state broadband initiative

Illustration by Bryce Durbin of TechCrunch

WATCH HERE, or on YouTubeTwitter and Facebook.

As with all Broadband Breakfast Live Online events, the FREE webcasts will take place at 12 Noon ET on Wednesday.

SUBSCRIBE to the Broadband Breakfast YouTube channel. That way, you will be notified when events go live. Watch on YouTubeTwitter and Facebook.

See a complete list of upcoming and past Broadband Breakfast Live Online events.

Continue Reading

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How to Watch the Videos from the BEAD Implementation Summit

The recordings of all the videos from the BEAD Implementation Summit are available to Breakfast Club members.

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Watch the videos from the BEAD Implementation Summit on September 21, 2023.

Those who attended the BEAD Implementation Summit or watched the webcast are able to access the videos. Members of the Broadband Breakfast Club also have access to the BEAD Implementation Summit videos, as well as videos of all in-person events.

If you missed BEAD Implementation Summit, sign up for Broadband Breakfast’s BEAD Starter Pack for $35/month (cancel anytime). You’ll get access to each of the Breakfast Club reports for the BEAD Implementation Summit:

Questions? Email drew@breakfast.media!

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