Efforts to create a standardized system for access to private domain registrant data are in disarray after ICANN constituencies objected to portions. The system for standardized access/disclosure (SSAD) proposal is phase 1 of an expedited policy development process (EPDP) for compliance with EU's general data protection regulation (GDPR). Some claimed opponents are trying to cling to the old Whois system despite its illegality. The EPDP team now must look into two more contentious issues.
DOJ and 11 Republican state attorneys general sued Google Tuesday for its alleged monopoly in general search services and search advertising. Senior Vice President Kent Walker called the lawsuit “deeply flawed,” saying consumers choose to use Google, “not because they're forced to or because they can't find alternatives.” New York Attorney General Letitia James and six other Democratic state AGs announced they’re continuing a parallel investigation and could potentially consolidate the case with DOJ in coming weeks. Industry groups condemned the suit; reaction from consumer advocates varied.
Any Joe Biden administration could mean major changes in how DOJ and the FTC handle antitrust matters, said current and former FTC commissioners during a Tuesday Technology Policy Institute webcast event. They suggested that what changes might occur if Democratic presidential nominee Biden wins depend on what resources and statutory changes Congress provides. Some FTC alumni commented on the DOJ Antitrust Division’s lawsuit against Google, claiming the company engages in anticompetitive behavior in its search engine business (see 2010200058).
The European Commission will “very soon” issue a draft for modernized standard contractual clauses, said International Data Flows and Protection Head Bruno Gencarelli during a Technology Policy Institute panel Monday. There’s a vital need to maintain international data flows after the Schrems II decision (see 2009250071), but it must be balanced with privacy protections, he said. The EC didn’t comment about an exact timeline.
Facebook CEO Mark Zuckerberg, Twitter CEO Jack Dorsey and Google CEO Sundar Pichai are to testify remotely at an Oct. 28 Senate Commerce Committee hearing on Section 230, the committee announced Friday. A day earlier, FCC Chairman Ajit Pai said the agency will begin a rulemaking on Communications Decency Act Section 230 (see 2010150057). The agency will soon release a blog post about FCC authority to interpret the statute, General Counsel Tom Johnson tweeted Friday. Sen. Rick Scott, R-Fla., welcomed the FCC decision, saying the committee will get more information directly from the CEOs at the Oct. 28 hearing, set for 10 a.m. in G50 Dirksen.
An expected 3-2 approval of the net neutrality remand order on Oct. 27's FCC agenda (see 2010060056) will likely be met by a reconsideration petition and/or legal challenge, interested parties told us. Which route petitioners go will depend somewhat on whether the FCC stays in Republican control in 2021 or changes hands, said lawyers and industry and public interest representatives. The agency declined comment Thursday.
The FCC intends to move forward with a rulemaking to clarify the meaning of Communications Decency Act Section 230, Chairman Ajit Pai said Thursday (see 2010150067). He said the FCC’s general counsel told him the agency has the “legal authority to interpret Section 230.” The announcement drew backlash from Democratic commissioners and praise from NTIA and Commissioner Brendan Carr. Republicans on Capitol Hill welcomed a potential rulemaking.
ComScore analysts avoided making e-commerce holiday projections on a Wednesday webinar, citing "too many unknowns," including the unpredictability of the COVID-19 pandemic on consumer spending. The research firm said it was encouraged with 17% year-on-year digital commerce growth in July and August, vs. 8% growth in Q2. It expects continued online shopping growth across mobile and desktop shopping platforms during the holidays.
Several members of the Senate Commerce and Judiciary committees face tough reelection fights, elections experts told us. Most of the vulnerable lawmakers are Republicans, including Judiciary Committee Chairman Lindsey Graham of South Carolina, Judiciary Intellectual Property Subcommittee Chairman Thom Tillis of North Carolina and Commerce Security Subcommittee Chairman Dan Sullivan of Alaska. Sen. Gary Peters of Michigan is the only Democrat on either committee who faces similarly long odds. The House Commerce and Judiciary panels face far less potential turnover among incumbents seeking to return in the next Congress.
Black Friday came early Tuesday in the form of Amazon Prime Day. The company’s two-day discount fair spawned me-too events at Best Buy, Target, Walmart and others and is considered the launch of the 2020 holiday season. GameSpot used the #primeday Twitter hashtag to direct shoppers to Best Buy’s “early Black Friday deals, just in time to compete with #PrimeDay." The Amazon event drew a wide range of tweets, including charities looking to benefit from purchases through Amazon Smile, customers complaining of lower prices prior to Prime Day and watchdog groups keeping their eye on the e-commerce titan.