Congress should consider legislation including structural separation and line of business restrictions to address abuse of market power in the digital economy, House Antitrust Subcommittee Democratic staff recommended in a long-awaited report Tuesday. Republicans didn’t sign on but released their own report. Recommendations include prohibition of self-preferencing, portability requirements, mandating that platforms provide due process before taking action against market participants, and amendments to the Clayton, Sherman and FTC acts.
Momentum is building in both chambers for a Digital Millennium Copyright Act update as stakeholders remain at odds if a new DMCA is necessary or beneficial. Experts offered varying predictions in interviews about proposals to the Senate IP Subcommittee and House Judiciary Committee (see 2009300068).
FCC Chairman Ajit Pai is expected to unveil the agenda for the Oct. 27 commissioners’ meeting Monday, and most observers expect it to be busy, with an emphasis on 5G-related items (see 2009290062). Depending on how the Nov. 3 election goes, if precedent holds, it could be Pai’s last to get action on major items, especially if they're at all controversial.
New York Attorney General Letitia James and 18 other Democratic state attorneys general were among those filing amicus briefs Wednesday opposing a DOJ bid to get a preliminary injunction to stop enforcement of California’s net neutrality law (see 2008050060). DOJ's and ISPs’ lawsuits against the California statute (SB-822) in U.S. District Court in Sacramento resumed in early August after Mozilla and others let pass a July 6 deadline to seek a Supreme Court review of FCC rescission of its 2015 national rules (see 2007300041). TechFreedom, TIA and the U.S. Chamber of Commerce filed amicus briefs in August supporting the litigation (see 2008200034).
The Senate Commerce Committee unanimously voted Thursday to issue subpoenas to Facebook, Google and Twitter for testimony from CEOs Mark Zuckerberg, Sundar Pichai and Jack Dorsey (see 2009250037). The vote was a “big, bipartisan signal to Big Tech,” Chairman Roger Wicker, R-Miss., told us, saying there’s agreement that Communications Decency Act Section 230 is “overdue for a makeover.” During Thursday’s executive session, Democrats suggested the hearing be held after the November election to avoid any influence over platform election content.
Expect the House Antitrust Subcommittee to release its report on Big Tech next week, Chairman David Cicilline, D-R.I., told us after Thursday’s final hearing on the matter. House Judiciary Committee Republicans planned to introduce legislation to amend Section 230 and limit liability protections for platforms making “editorial decisions,” ranking member Jim Jordan, R-Ohio, announced at the hearing.
The U.S. Court of Appeals for the D.C. Circuit denied a stay of the FCC’s April order allowing Wi-Fi and other unlicensed users to share the 6 GHz band. APCO sought the stay, with the support of electric utilities (see 2009180044). Wi-Fi proponents said the Thursday decision is important in that the court considers the merits of a challenge in deciding whether to grant a stay. The court also declined a request for an expedited hearing. Wi-Fi industry officials said the first devices are likely this year, with rollout accelerating into 2021.
Personalized TV, a smart speaker for music enthusiasts and 5G phones highlighted Google’s fall product introductions in a Wednesday YouTube event geared to the increased time consumers spend at home due to COVID-19. Over the past five months, Americans increased the time they spend listening to music at home 61%, said Mark Spates, Nest product manager.
The House Judiciary Committee is “quite possibly” exploring legislation to update Digital Millennium Copyright Act Section 512 (see 2006090063), Chairman Jerry Nadler, D-N.Y., told us Wednesday. “It’s not clear what the end game is,” Nadler said. “We’re undertaking a major review of it, and we’ll see” what develops. He hadn’t had direct conversations with ranking member Jim Jordan, R-Ohio, though staffs may have been in touch. “It’s a nonpartisan issue,” added Nadler.
Reactions to Amazon’s latest shopping tack -- contactless payments via scanned palms -- ranged from wariness to zeal on Twitter Tuesday. Amazon One launched Tuesday in two Seattle-area Amazon Go stores. Amazon described the service as a “fast, convenient” way to use palms to pay, present a loyalty card, enter a stadium or "badge" into work.