DOJ sent draft legislation to Congress Wednesday that would amend Communications Decency Act Section 230 to make tech platforms more accountable for alleged speech censorship and facilitation of criminal activity. The proposal got backlash from the Internet Association, Computer & Communications Industry Association, NetChoice and Public Knowledge.
Best Buy Purchasing and Best Buy Health “have been adversely affected” by the Section 301 List 3 tariffs on Chinese imports, argued the subsidiaries Monday in a complaint (in Pacer) at the U.S. Court of International Trade. It was among the roughly 3,300 suits filed at the CIT since Thursday to vacate the Lists 3 and 4A tariffs, including 700 on Monday, the last filing day for importers to qualify for refunds if the actions are successful. There was some debate Tuesday whether the Monday deadline could be open to interpretation.
Anti-conservative bias was part of GOP thinking with recent Section 230-related legislation (see 2009080082), Senate Commerce Committee Chairman Roger Wicker, R-Miss., told us, calling his Communications Decency Act bill a “very reasonable proposal.” Academics likened the legislation to President Donald Trump’s social media executive order (see 2007230072), saying both are driven by unfounded claims of bias.
Samsung owes Verance more than $1.31 million in unpaid license fees and late charges for embedding Cinavia audio watermarking detectors in the roughly 7 million Blu-ray players it sold July 2017 through September 2019, alleged a Verance complaint (in Pacer) Friday in U.S. District Court in Manhattan. The complaint stands out for its unredacted treatment of sensitive documents, including full disclosure of confidential license agreements, royalty payment schedules and quarterly Samsung product shipment reports.
The FCC got differing advice from commenters in its annual Communications Act Section 706 proceeding. Wireless and wireline groups had a different version of the role wireless can play. Public interest groups said the FCC should say the market needs improvement, in comments posted Friday (see 2009180049) and Monday in docket 20-269. The agency's decision depends on who's in control next year, industry officials said. In April, FCC Democrats disagreed that broadband is being deployed in a reasonable and timely manner (see 2004240042).
The FCC has power to regulate social media, and the First Amendment supports the Trump administration’s petition for rulemaking, NTIA replied Friday (see 2009020064). The commission can require disclosure of information services under the Communications Act, and courts have ruled “search engines, browsers and internet social media precursors such as chat rooms are information services,” wrote acting Director Adam Candeub. He asked to grant its petition for Communications Decency Act Section 230 rulemaking.
Chinese-owned apps TikTok and WeChat will be banned from U.S. app stores starting Sunday, the Commerce Department announced Friday, citing national security concerns (see 2008240047). “The Chinese Communist Party (CCP) has demonstrated the means and motives to use these apps to threaten the national security, foreign policy, and the economy of the U.S.”
House Communications Subcommittee members in both parties delivered Thursday on expectations for a highly partisan FCC oversight hearing (see 2009160076) in which many lawmakers gave what they viewed as their final verdict on the commission’s performance under Chairman Ajit Pai. Democrats castigated what they saw as the FCC's missed opportunities on telecom policy, including not doing more to improve connectivity amid COVID-19. Republicans defended Pai as doing as much as he could under statutory authority. The House Commerce Committee’s own policy track record during this Congress came into question amid renewed pressure for a compromise on aid legislation.
The goal of the FCC Communications Decency Act Section 230 proceeding is to “push back on concentrations of power” held by big tech companies, said FCC Commissioner Brendan Carr during a virtual Lincoln Network Q&A Wednesday. Carr said his push for “light-touch regulation” represents a growing shift among conservatives, and existing conservative Washington think tanks are dominated by “abject corporatism” and opposition to all regulation. “My approach to net neutrality is consistent with my approach to big tech,” Carr said. “It’s easy to say ‘let's not change anything,’” Carr said. “This is not simply competition in a free market; this is taking advantage of a landscape skewed by law to favor their business model.”
Trademark modernization takes legislative priority over efforts to update the Digital Millennium Copyright Act, Senate Intellectual Property Subcommittee Chairman Thom Tillis, R-N.C., told us Wednesday before a hearing on the DMCA. The Trademark Modernization Act recently passed the House Judiciary Committee unanimously. Getting that bill enacted into law this Congress is one of Tillis' “top priorities,” his office said. “We’ll be working with them to make sure that whatever we lay down has got consensus,” the lead Senate sponsor said.