Disagreement on enforcement through private lawsuits threatens to derail two state privacy bills. The Washington state legislature ends regular session Sunday, and the Florida legislature closes April 30. Each state’s House supported including a private right of action, while their Senates seek only attorney general enforcement. Either state could become the third to pass a comprehensive law, after California and Virginia.
FTC Act Section 13(b) doesn’t authorize the agency to seek equitable monetary relief like restitution or disgorgement, the Supreme Court ruled unanimously Thursday in AMG Capital Management v. FTC (19-508). (See our news bulletin here.)
The Senate Commerce Committee expects to vote on advancing Lina Khan’s nomination to the FTC in a “few weeks,” Chair Maria Cantwell, D-Wash., told us Wednesday after Khan’s confirmation hearing (see 2103290061). Republicans we interviewed remain neutral. And Sen. Marsha Blackburn, R-Tenn., had worries.
Apple and Google unfairly leverage their dominance over the app store market and engage in intimidation, representatives from Spotify, Match and competing companies told the Senate Antitrust Subcommittee Wednesday. Chairwoman Amy Klobuchar, D-Minn., and ranking member Mike Lee, R-Utah, detailed how the two companies’ unprecedented power lets them make arbitrary decisions that determine users and competitors' fate.
Congress needs to protect FTC Act Section 13(b) authority, all four current commissioners told the Senate Commerce Committee Tuesday. Acting Chairwoman Rebecca Kelly Slaughter asked not to wait for a Supreme Court decision (see 2104190059). Sen. Jerry Moran, R-Kan., said he’s open to engaging in bipartisan legislative discussions with committee Chair Maria Cantwell, D-Wash.
Senate Commerce Committee Chair Maria Cantwell, D-Wash., is exploring legislation to protect FTC Section 13(b) authority if the agency gets an adverse decision from the Supreme Court in AMG Capital Management v. FTC (see 2102040049), she told us last week. Cantwell wants to discuss the agency’s authority Tuesday when the commission testifies before her committee (see 2104140046). Section 13(b) authority allows the agency to seek an injunction against FTC Act violations and obtain restitution for consumers simultaneously.
New York state will require all ISPs to sell a $15 monthly internet plan to low-income households. Gov. Andrew Cuomo (D) signed a budget Friday including the affordable broadband program and spending $1 million on a statewide map measuring broadband availability, reliability and cost. The plan got praise from the state’s consumer advocate, but the Information Technology and Innovation Foundation said it might foreshadow more price regulation.
The application filing window for the second round of the FCC’s COVID-19 telehealth program is scheduled to open at the end of the month (see 2104150036), but policy experts warn the evaluation metrics could cause healthcare providers and facilities in need to lose out on hundreds of thousands of dollars in funding.
Senators in both parties continued to emphasize the importance of communications sector interests in an eventual infrastructure spending package Thursday, as talks continued on the scope of such legislation. Senate Commerce Committee Chair Maria Cantwell, D-Wash., said during a Communications Subcommittee hearing that she’s going to push for local media outlets to receive some funding in a final infrastructure bill. Committee ranking member Roger Wicker of Mississippi and other Republicans said they’re committed to including broadband language in a planned counterproposal to President Joe Biden’s $2.3 trillion infrastructure package (see 2104140069).
Calls for redefining broadband to 100 Mbps symmetrical as part of the White House's proposed $2.3 trillion infrastructure plan (see 2103310064) will face sizable cable industry opposition and could get caught up in partisan disagreements, broadband experts told us. The fiber broadband industry is the chief proponent of that redefinition, and some think 100 Mbps symmetrical will be an uphill battle.