In a media market where broadcasters and MVPDs are far more regulated than booming streaming competition, Congress should consider expanding FCC forbearance authority to cover the video market including broadcasters and MVPDs, Chairman Ajit Pai told the Media Institute Tuesday. He said government should "fundamentally rethink the very concept of media ownership regulation."
Senate Intellectual Property Subcommittee Chairman Thom Tillis, R-N.C., will release a discussion draft Friday for updating the Digital Millennium Copyright Act (see 2010050061), he said at a hearing Tuesday. It will have “revolutionary” concepts for preventing online piracy and protecting individual users, he said.
Republican senators are watching closely to see how the FTC and state enforcers apply antitrust standards to digital platforms in lawsuits against Facebook (see 2012090062). Some senators offered skepticism in interviews about a potential Facebook breakup and the forced sale of WhatsApp and Instagram, as requested by the FTC. The agency is in a far different position than when it allowed the Instagram and WhatsApp deals, legal experts told us, while drawing comparisons to the Microsoft case in the 1990s.
Some lawmakers will seek passage of state net neutrality laws, even with President-elect Joe Biden in the White House next year. Federal rules are no sure thing, despite Biden’s support, Democratic state legislators who introduced bills in the past said in recent interviews. Other Democrats said they feel less pressure now.
FCC Chairman Ajit Pai is thought unlikely to press forward on a declaratory ruling on Communications Decency Act Section 230, industry and agency officials said, though FCC Democrats are watching closely. Commissioner Brendan Carr urged limited action Thursday (see 2012100074). Nathan Simington was picked as the next Republican commissioner largely because of his stance on Section 230. But for Pai, the downside would likely outweigh the benefits of acting, officials said.
Senate Judiciary Committee Chairman Lindsey Graham, R-S.C., withdrew his Section 230 legislation at Thursday’s markup, setting his sights on updating the tech industry’s liability shield in 2021. An amendment from Sen. Josh Hawley, R-Mo., which would establish a private right of action for individuals to sue platforms, failed 5-16 with support from one Democrat, Sen. Sheldon Whitehouse of Rhode Island.
Facebook is the subject of antitrust lawsuits from the FTC and attorneys general of both parties from 46 states, Guam and Washington, D.C. The FTC and AGs alleged separately Wednesday in the U.S. District Court in Washington that Facebook committed illegal, anticompetitive behavior in the social media market (see 2012090042). Lawmakers from both parties praised the suits. Facebook said government shouldn’t get a “do-over” on approved acquisitions and the company will defend itself.
Senate Commerce Committee Chairman Roger Wicker, R-Miss., is open to a U.S.-EU technology council effort to address the Privacy Shield and other tech issues, he told us Wednesday: “I am open to suggestions to a very tough, tough problem that may defy a solution.”
Nathan Simington was confirmed to the FCC Tuesday after a largely muted Senate floor debate. Senate Democrats and groups opposed to Simington in the lead-up to the vote continued to raise concerns about the 2-2 commission deadlock that will result from his confirmation, once Chairman Ajit Pai leaves Jan. 20 (see 2011300032). Many also cited the FCC’s proposed proceeding on its Communications Decency Act Section 230 interpretation, a matter critics believe Simington should recuse himself from because he worked on NTIA’s petition for the rulemaking (see 2011100070).
The Supreme Court heard Facebook v. Duguid Tuesday (19-511), a case expected to provide long-awaited clarity on the definition of what's an automatic telephone dialing system under the Telephone Consumer Protection Act (see 2011100052). Consumer groups hope the court will do nothing to narrow the ATDS definition. In September, the administration supported Facebook. Lawyers for companies facing TCPA lawsuits hope the court will resolve a split in the federal circuits.