ISP and internet groups allied before the 4th U.S. Circuit Court of Appeals Tuesday in amicus briefs in support of Cox's appeal of a U.S. District Court's upholding a jury's $1 billion verdict that it's liable for subscriber copyright infringement (see 2101130025). NTCA, CTIA and USTelecom said (in Pacer, docket 21-1168) the 4th Circuit should clarify when, if ever, an ISP has specific knowledge that its services are being used for infringing purposes and thus must cut off access. They said for an ISP to be liable for contributory copyright infringement, it must know that it can do something about it, but transmission ISPs aren't able to do anything but cut off service on the assumption future infringements might happen. Because of the verdict against Cox, "transmission ISPs may have no choice but to terminate consumers’ internet access on a massive scale," they said. The Internet Commerce Coalition warned of "crippling damages." It's "Draconian" to require ISPs, on the basis of vicarious and contributory copyright liability, to terminate service to users accused of piracy, the Internet Association said. It said the lower court wrongly says Cox benefits from infringements by its subscribers since those are a minority of subs. IA said terminating access isn't reasonable "because it is a grossly disproportionate response to accusations of illegal downloading." The Electronic Frontier Foundation, Center for Democracy and Technology, American Library Association, Association of College and Research Libraries, Association of Research Libraries and Public Knowledge said affirming the lower court "would have dangerous consequences" because terminating an account "potentially cuts off every household member," and lack of broadband competition may mean no other way to connect. They said the "staggering and poorly justified" $1 billion statutory damages award against Cox "thwarts basic principles of due process and the public interest." IP law professors said there's no proof the infringing activity is a draw for subs, thus no proof Cox received direct financial benefit from piracy.
Slightly fewer than 10% of U.S. internet subscribers were provisioned for gigabit speeds at the end of Q1, compared with 3.8% in Q1 2020, OpenVault said Tuesday. It said the portion of subscribers provisioned for such rose 75% over the past two quarters. It said the monthly weighted average data used by subscribers in Q1 was 461.7 GB, up nearly 15% from Q1 2020. It said data usage was relatively flat compared with Q1, but usage is elevated from pre-pandemic.
USTelecom disputed Free Press' Thursday claim that its Wednesday report on broadband pricing is misleading (see 2105270079). “The facts, data and methodology in the report are incontrovertible," emailed a spokesperson Friday: "Americans are paying less in 2021 for broadband service than in 2020. This continues a years-long story of declining prices" and "accelerating speeds."
USTelecom's Wednesday report on broadband prices is "flawed and misleading," said Free Press Thursday (see 2105260063). It "grossly manipulates FCC data on standalone non-promotional advertised rates," said Research Director Derek Turner. USTelecom didn't comment.
The price of the most popular tier of broadband service declined 7.5% in 2021 vs. 2020, according to the FCC’s 2021 Urban Rate Survey, USTelecom said Wednesday. The report by Telcodata's Arthur Menko said the consumer choice broadband price index of the most popular tiers dropped 34% since 2015 and when adjusted for inflation.
NTIA wants comments by July 26 on its proposal to add 67 questions to the November Census Bureau current population survey, said Tuesday's Federal Register (also see here). The agency wants comments on methodology and whether the information will "have practical utility." Questions include what kind of tech devices a household uses, quality of devices in use, whether households access the internet at home or another location, type of internet service, and monthly cost.
Internet industry groups called illegal a Florida social media law signed Monday by Florida Gov. Ron DeSantis (R). NetChoice and the Computer and Communications Industry Association declined comment whether they will sue. SB-7072 makes it unlawful for sites to deplatform political candidates and requires sites be transparent about policing, unless the site owns a Florida theme park (see 2104300059). That protects “real Floridians” from “Silicon Valley elites,” DeSantis said Monday. “If Big Tech censors enforce rules inconsistently, to discriminate in favor of the dominant Silicon Valley ideology, they will now be held accountable.” The law violates the First Amendment, said NetChoice General Counsel Carl Szabo. “By carving out companies like Disney and Universal, Florida’s legislature revealed its anti-tech fervor and true intent to punish social media for allegations of anti-conservative bias.” CCIA President Matt Schruers said the “unconstitutional bill threatens to create more opportunities for foreign extremists peddling anti-American propaganda and fewer opportunities for internet-using Floridians.” Calling Florida’s law a “First Amendment train wreck,” TechFreedom Internet Policy Counsel Corbin Barthold predicted a court case in which Florida throws “everything at the wall, hoping something sticks.” A similar Texas bill is nearing passage. That state’s Senate passed SB-12 April 1. The House included it on a Monday calendar for second reading, a procedural step before the final vote. A committee cleared the bill earlier this month that would allow private lawsuits against social media companies that moderate content (see 2105140069).
The FCC is reviewing its systems for the emergency broadband benefit “on a day-to-day basis” to identify whether changes are needed, acting Chairwoman Jessica Rosenworcel told reporters Thursday. There were connectivity issues in applying during EBB's initial days (see 2105180050). Rosenworcel warned providers that make subscribers buy more expensive services instead of their existing plans to “knock it off.” This “violates the spirit of the program,” she said: Those encountering problems should file an FCC complaint.
The Organization for Economic Co-operation and Developmentjoined the Christchurch Call campaign combating social media extremism (see 1905150047). This advances OECD’s work, said Secretary General Angel Gurria Wednesday: OECD is committed to “like-minded governments, in consultation with experts from business, civil society and academia, collaborating to improve the evidence base and help to build better policies for better lives.”
Quick pairing, virtual remote control and digital keys are among Android announcements at Google’s virtual I/O event this week through Thursday. It's working with carmakers to develop a digital car key in Android 12 for select Pixel and Samsung Galaxy smartphones to lock, unlock and start a car from their phones, blogged Android Vice President-Engineering Erik Kay Tuesday. It's also teaming with BMW and others. This operates over ultra wideband, Kay said. Cars with near-field communication can be unlocked with a tap, he noted. And Google is building TV remote-control features into Android smartphones. Google wants to create a sense of “being together” while far apart, blogged Clay Bavor, vice president-virtual and augmented reality. Video conferencing remains “a far cry from actually sitting down and talking face to face,” said Bavor: Project Starline is a “magic window” through which a user can see another person, “life-size and in three dimensions.” The company is doing demonstrations with healthcare and media companies and plans trial deployments this year.