TRENTON -- New Jersey justices waded into a growing national debate whether the Fifth Amendment stops law enforcement from forcing someone to enter a password to unlock an encrypted smartphone. The Supreme Court heard argument Tuesday in State v. Andrews; other state courts have split in similar cases where states argue limiting law enforcement could create a zone of lawlessness. “We’ll reach a tipping point where the U.S. Supreme Court has to step in pretty soon,” Electronic Frontier Foundation senior staff attorney Andrew Crocker told us outside the courtroom.
Facebook’s unwillingness to ban or fact-check political commercials (see 2001090029) is grossly irresponsible and undermines democracy, said Sens. Mark Warner, D-Va., and Brian Schatz, D-Hawaii, in interviews earlier this month. Sen. John Kennedy, R-La., argued the company is right. He trusts Americas to “do their own fact-checking.”
Federal restrictions against radio payola are “asymmetric” and affect the radio industry’s financial well-being and stability, FCC Commissioner Mike O’Rielly wrote compliance officers at Sony Music Entertainment, Universal Music Group and Warner Music Group. He sought information on how the music labels prevent payola. The letter said O’Rielly’s interest involves broadcasters being treated differently than digital media.
The 5G Spectrum Act, even if it doesn't become law, could benchmark how satellite communications incumbents get compensated for clearing part of the C band, FCC Commissioner Mike O'Rielly told reporters Tuesday in a wide-ranging interview. S-2881 "does have weight," especially as there seemingly has been a general shift from Capitol Hill resistance to any incentives, said. If satcom incumbents receive a percentage of the $40 billion in auction proceeds, as the legislation says (see 2001090021), debate will likely center on between 30 and 50 percent, though compensation could be a hard number for incumbents, or a combination of percentage and hard number, he said.
Amazon, Apple and Google took bipartisan heat Friday in a Boulder, Colorado, field hearing on online platforms and market power, by the House Judiciary Antitrust Subcommittee. The hearing followed a discussion at CES about whether the government should break up dominant platforms (see 2001100007). The hearing was streamed from the University of Colorado Law School.
Washington state's Senate overstated House support for its privacy bill, said Democratic and Republican heads of the committee overseeing the issue in the House. The chambers are edging toward agreement, said House Innovation and Technology and Economic Development Committee Chairman Zack Hudgins. Hudgins, a Democrat, and the panel's ranking Republican Norma Smith told us they remain concerned about enforcement and other parts of SB-6281. Compromise is possible, said Future of Privacy Forum Senior Policy Counsel Stacey Gray.
A court dismissed AT&T's breach of contract and a trade secrets violation complaint against a negotiator handling retransmission consent talks for a group of Sinclair sidecar stations. That prompted speculation by industry lawyers we spoke with Friday on whether the decision will affect broadcasters' appeal of an FCC ruling that they violated good faith rules.
Telecom experts asking the U.S. Court of Appeals for the D.C. District to clarify state utility commissioners have jurisdiction of intrastate telecom cost allocation (see 1907220051) got their day in court Friday. One judge had questions for both sides. Oral argument left one member of the "Irregulators" hopeful states may get some authority returned, he told us later. Irregulators v. FCC, is case 19-1085 (on Pacer).
House Speaker Nancy Pelosi, D-Calif., blasted Facebook during a Thursday news conference, calling the company’s behavior “shameful” and claiming the company acted in an “irresponsible” manner. Pelosi announced House Democrats “will be rolling out” a new infrastructure legislative package the week the chamber returns from its Martin Luther King Jr. week recess.
With the FCC through much of the incentive auction repack, it's pushing broadcasters to start closeout procedures instead of waiting nearer to the July 2023 fixed transition closeout date. The agency will likely set an earlier broadcaster deadline for submitting invoices, said Media Bureau Video Division Special Counsel Dana Leavitt at an FCBA event Thursday.