The Supreme Court will hear a case that will assess the constitutionality of controversial state laws governing social media in Texas and Florida. The states enacted their laws in 2021, ostensibly to assure “free speech” was guaranteed on platforms like Facebook and X (formerly known as Twitter). Users who considered their views “conservative” filed suit alleging censorship. Protections offered by Section 230 of the Communications Decency Act impact how government can regulate expression shared by online services and private media companies. Much like broadcast’s Fairness Doctrine, plaintiffs argue there are obligations that come with government warrantees. Continue reading Supreme Court to Assess States’ Social Media Speech Laws

This past year, Big Tech has invested more than $95 million in lobbying initiatives designed to kill the American Innovation and Choice Online Act, which seeks to rebalance the power between consumers and major technology companies such as Amazon, Alphabet, Apple and Meta Platforms. In two years, the bill has advanced further than any similar U.S. legislative effort, but time is running out before midterm elections and the unknown of a potential shift in control of the House and/or Senate. Supporters of the measure say they currently have the votes needed for passage. Continue reading Big Tech Lobbying and Midterms Could Impact Antitrust Bill

Big Tech is pulling out all the stops to prevent Congress from signing the American Innovation and Choice Online Act (AICO) into law before the midterm elections. Amazon and Alphabet have rallied forces in opposition to the antitrust measure whose principal goal is to halt “self-preferencing,” or the ability of online giants to use their market strength in one area to help boost sideline subsidiaries through preferential treatment. For instance, Alphabet using its wholly-owned search engine Google to promote its own shopping or travel products. Continue reading Big Tech Fights Antitrust Bill as Congress Moves Toward Vote

The Supreme Court has blocked a Texas law banning major social media platforms from exercising editorial discretion to remove posts that violate community guidelines. Voting on the unsigned Supreme Court order was 5 to 4. Big Tech lobbying groups NetChoice and the Computer & Communications Industry Association requested the emergency halt. Their application was filed after the U.S. Court of Appeals for the 5th Circuit in May issued a stay that effectively reinstated the law. In December, U.S. District Court Judge Robert Pitman hit pause on the legislation, HB 20, on First Amendment grounds. Continue reading Supreme Court Blocks Texas Law Moderating Social Speech

Senator Michael Bennet (D-Colorado) has introduced a new bill, the Digital Platform Commission Act, which proposes the establishment of a five-person commission to protect consumers in the Big Tech era. This, even as attorneys for groups representing Facebook and Twitter on Friday filed with the U.S. Supreme Court an emergency request to block Texas House Bill 20. The companies argue the law compels social platforms to disseminate propaganda and misinformation, including racist and pro-Nazi screeds. Calling HB 20 “an assault on the First Amendment,” the companies claim its implementation could undo billions in development. Continue reading Legislators Continue Their Scrutiny of Big Tech, Social Media

Florida Governor Ron DeSantis urged lawmakers to pass Florida Senate Bill 7072 to make it easier for the state’s election commission to fine social media companies from $25,000 to $250,000 for banning political candidates during election season. The law passed, but hours before it was slated to take effect District Court Judge Robert Hinkle issued a preliminary injunction against it, noting that plaintiffs NetChoice and the Computer and Communications Industry Association (CCIA) will likely prevail in their effort to have the law declared unconstitutional. Continue reading Federal Judge Blocks Florida Law That Restricts Social Media

The House unveiled five bills aimed at curbing Big Tech companies, including the Ending Platform Monopolies Act, that requires “structural separation of Amazon” and makes it illegal for an online platform to own a business that uses said platform for “the sale or provision of products or services,” that “sells services as a condition for access to the platform” or that “owns businesses that create conflicts of interest.” Another bill would ban platforms from giving advantage its own products and services over those of a rival. Continue reading Lawmakers Introduce Bills to Address Dominance of Big Tech

Ireland’s High Court dismissed Facebook’s procedural efforts to block a draft decision of the country’s Data Protection Commission to suspend its data flow between the European Union and the United States. The European Union decision was intended to protect the privacy of European users, whose data was being sent to U.S. computer servers, and Facebook contended that the Data Protection Commission, which issued its preliminary decision in August, gave it too little time to respond. The court originally stayed the decision in September. Continue reading Facebook Is Rebuffed in Bid to Block Irish High Court Ruling

The European Union’s executive branch issued drafts of two bills that would hike fines for illegal content and anticompetitive behavior up to 6 percent or 10 percent of annual worldwide revenue and even break up Big Tech firms to stop “competitive abuses.” Although the bills don’t mention any firms by name, they could be applied to Amazon, Apple, Facebook and Google. The UK, which is no longer part of the EU, has similar legislation in the works that would fine abusers up to 10 percent of annual global revenue. Continue reading EU Proposes Two New Laws in Its Effort to Regulate Big Tech

The European Union has led the movement to leverage antitrust laws in an effort to limit the power of Big Tech companies from the United States. Now, convinced that the impact of these efforts did not go far enough to change behavior, they are pursuing a different tack, this time drafting regulations that address specific business practices. But even as the chief executives of Amazon, Apple, Facebook and Google were grilled in a Congressional hearing last week, they reported skyrocketing revenue and billions in profit. Continue reading European Union Adopts New Strategy to Contain Tech Firms

Google is trying to overturn three European Union antitrust rulings, claiming that it had no legal grounds for imposing $9+ billion in fines. The EU found that Google had abused its dominance over smaller competitors. Google attorney Thomas Graf told the five General Court judges that, “competition law does not require Google to hold back innovation or compromise its quality to accommodate rivals.” Although a verdict is expected early next year, its rulings can still be appealed at the European Court of Justice. Continue reading Google Appeals EU Fine, Argues Legality of Self-Preferencing

In another win for the FCC, the U.S. Court of Appeals for the District of Columbia announced yesterday that it would not reconsider the October ruling that upheld the repeal of net neutrality rules. Requests had been made by 15 states and a collection of technology and advocacy groups to reconsider the earlier ruling. The net neutrality laws were first issued in 2015 to discourage Internet service providers from practices such as blocking or throttling traffic and enabling so-called “fast lanes” through paid prioritization. In December 2017, the FCC voted to repeal the Obama-era net neutrality laws that were largely supported by tech companies and consumer groups.  Continue reading Appeals Court Will Not Rule On the Repeal of Net Neutrality

The French government introduced a three percent tax on the revenue of technology companies such as Google and Amazon that offer e-commerce or targeted advertising in France. Experts estimate that the tax could reap “billions of dollars” from Silicon Valley companies. The tax is also likely to come up as a topic of conversation in U.S. and European talks, convened by the Organization for Economic Cooperation and Development (OECD), about corporate taxes in the digital age. Europe is pushing to tax Silicon Valley companies on profits made there. Continue reading France Slated to Impose Tax on Digital Companies’ Revenue

The European Union’s executive body may establish new rules to give a fairer shake to small businesses using popular Web platforms. Currently, the EU deems that platforms such as Google, Amazon and TripAdvisor set unfair terms for the small businesses that sell or promote products there. These businesses have been complaining to the EU about unilateral contract changes, no access to sales and customer data, below-par transparency regarding their rankings in search results, and no means to resolve disputes. Continue reading EU Considers Implementing New Rules for Big Web Platforms

British voters cast their ballots yesterday regarding the United Kingdom’s Brexit referendum, and surprising to many, the country has opted to exit the European Union. Shortly after the results were announced, British Prime Minister David Cameron announced he would resign his position later this year, while leaders in Northern Ireland and Scotland have indicated they will seek independence referendums in order to reenter the EU. The immediate response has been a dramatic ripple effect in markets worldwide with expectations for future uncertainty and potential crises. The tech industry, which often benefits from the EU’s liberal trade and economic policies, will likely be impacted. Continue reading Global Markets React to UK’s Decision to Exit European Union