An internet industry group suing Florida for trying to regulate social media warned Texas Thursday not to do the same. Gov. Greg Abbott (R) announced a special session that began Thursday and will include a bill “safeguarding the freedom of speech by protecting social-media users from being censored by social-media companies based on the user’s expressed viewpoints, including by providing a legal remedy for those wrongfully excluded from a platform.” Lawmakers didn’t vote on Senate-passed SB-12 before the regular session ended (see 2106010052). “Constraining digital services’ ability to take action against harmful content and behavior could put Texans at greater risk of exposure to harms online,” said Computer and Communications Industry Association President Matt Schruers. Florida said last week it will appeal to the 11th U.S. Circuit Court of Appeals the decision by the U.S. District Court in Tallahassee to freeze Florida’s law (see 2107010055).
Verizon and Tracfone want a proposed decision by the California Public Utilities Commission on their combination by Aug. 10, the companies told an aide to CPUC Commissioner Cliff Rechtschaffen in a June 28 videoconference. They noted both companies said the deal would close in Q3 and an August draft would facilitate a CPUC vote in September or October, said a Thursday filing in docket A.20-11-001. Verizon and Tracfone said they tried but failed to negotiate with other parties on commitments. Responding to a claim by the CPUC Public Advocates Office and others, "Verizon clarified that its current three-year commitment to offer LifeLine in California is not conditional on a lack of material changes to the LifeLine program,” but that condition does apply to Verizon's two-year commitment not to add co-pays to existing Tracfone LifeLine plans.
Colorado Gov. Jared Polis (D) signed a high-speed internet bill Sunday allowing $10 million from federal COVID-19 relief funds to be used for telehealth grants and $5 million for broadband grants for low-income households or “critically unserved” areas with less than 10/1 Mbps. Funds in critically unserved areas are for satellite providers only, said the bill (SB-60).
Ohio said a state court should decide if Google is a common carrier before it addresses the state’s second claim that seeks to stop the company from prioritizing its services in search results. “The second cause of action need not be reached if the first cause does not succeed,” plus it would require a large amount of discovery not required by the first count, Attorney General Dave Yost (R) said in a motion Thursday at Ohio Common Pleas Court in Delaware County (case 21 CV H 06 0274).
Don’t let Dish Network delay T-Mobile’s network transition, urged the National Diversity Coalition and other minority advocates in a letter to the California Public Utilities Commission, emailed to the docket A.18-07-011 service list Thursday. “It may be in the best interest of DISH's bottom line to avoid the costs associated with this critical transition. Unfortunately, it is fundamentally counter to the interests of its diverse customer base across California, as it will further delay their access to the benefits of broadband.” T-Mobile urged the CPUC to reject Dish's request (see 2105280016).
Florida should prepare to list “every decision by any court anywhere” saying that a private entity must comply “with the obligations the First Amendment places on a public actor,” said Judge Robert Hinkle at a teleconferenced scheduling hearing Thursday at U.S. District Court in Tallahassee (case 4:21-cv-00220). Florida is “on the side of free speech,” said Blaine Winship, representing Florida Attorney General Ashley Moody (R): Internet industry groups are “not.” Oral argument on the groups’ motion for preliminary injunction against Florida’s social media law (see 2106040045) will be videoconferenced June 28 at 1:30 p.m., ruled Hinkle despite defendants seeking more time. Hinkle plans to rule before the law takes effect July 1, he said. Florida must file a written response to plaintiffs’ motion by June 21, and industry groups may reply June 24, Hinkle said. While making their case for more time, Florida’s lawyers told the court the state promised not enforce the law before Aug. 1, or later go back and prosecute anything that happened in July. Hinkle asked why Florida needed more than a couple of weeks to put together a defense: “Didn't you put the facts together before you got to the statute?”
Treat Google as a public utility, Ohio Attorney General Dave Yost (R) said Tuesday, asking Ohio Common Pleas Court in Delaware County to declare that in a lawsuit. Yost is one of 38 AGs in a separate federal antitrust case (see 2012170063). The new complaint “accepts Google’s dominance of internet search as a fact (be it good or bad),” and “is narrowly focused on establishing that Google’s provision of internet search is properly classified as a common carrier and/or public utility,” it said. Ohio is “entitled to declaratory relief that" the platform "cannot self-preference on its Results Pages.” It seeks “injunctive relief that ends Google’s self-preferencing in Ohio by providing access to enhanced features on Results Pages that Google affords to its other business lines.” The American Economic Liberties Project applauded. The platform didn’t comment.
Internet industry groups added a motion for preliminary injunction to their lawsuit challenging Florida’s social media law that makes it unlawful for sites to deplatform political candidates and requires sites be transparent about policing. NetChoice and the Computer and Communications Industry Association sued May 27 (see 2105270073). U.S. District Court in Tallahassee should stop the law before it takes effect July 1, the challengers said Thursday in docket 4:21-cv-00220-RH-MAF. “Expedited consideration is necessary because the Act would inflict immediate, irreparable harm upon Plaintiffs’ member companies.”
A Nevada data broker privacy bill cleared the Assembly and needs another Senate vote due to an Assembly amendment. The Assembly voted 41-0 for SB-260, which would prohibit data brokers from selling personally identifiable information if a consumer requests (see 2103310061). Senators voted 21-0 last month. The Assembly amendment clarified right-to-cure language. Also Friday, senators voted 21-0 for an amended broadband grants bill (AB-388) and sent it back to the Assembly.
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).