Government Advances Online Safety Legislation for Children

The Senate has cleared two children’s online safety bills despite pushback from civil liberties groups that say the digital surveillance used to monitor behavior will result in an Internet less safe for kids. The Kids Online Safety Act (KOSA) and the Children and Teens’ Online Privacy Protection Act (COPPA 2.0) are intended to address a mental health crisis experts blame in large part on social media, but critics say the bills could cause more harm than good by forcing social media firms to collect more user data as part of enforcement. The bills — which cleared the Senate Commerce Committee by unanimous vote — are also said to reduce access to encrypted services. Continue reading Government Advances Online Safety Legislation for Children

SCOTUS Limits Enforcement of Foreign Trademark Violations

The world was a much smaller place in 1946 when Congress passed the Lanham Act, the legal framework for U.S. trademark protection. Last week, the Supreme Court decided the Lanham Act is applicable almost exclusively to infringement on U.S. soil. Companies that expect to rely on Lanham to protect foreign trademark violations through U.S. lawsuits are well-advised to come up with another plan. Until Congress updates the code. Led by Sonia Sotomayor, four justices said it was appropriate to adopt a broader standard “when there is a likelihood of consumer confusion in the United States.” Continue reading SCOTUS Limits Enforcement of Foreign Trademark Violations

Schumer Shares Plan for SAFE AI Senate Listening Sessions

Senate Majority Leader Chuck Schumer unveiled his approach toward regulating artificial intelligence, beginning with nine listening sessions to explore topics including AI’s impact on the job market, copyright, national security and “doomsday scenarios.” Schumer’s plan — the SAFE (Security, Accountability, Foundations, Explainability) Innovation framework — isn’t proposed legislation, but a discovery roadmap. Set to begin in September, the panels will draw on members of industry, academia and civil society. “Experts aren’t even sure which questions policymakers should be asking,” said Schumer of the learning curve. “In many ways, we’re starting from scratch.” Continue reading Schumer Shares Plan for SAFE AI Senate Listening Sessions

Applied Materials Plans Chip Research Center in Silicon Valley

Santa Clara, California-based Applied Materials, which makes equipment used to produce semiconductors, has announced plans to invest up to $4 billion in a research facility in Silicon Valley. The Equipment and Process Innovation and Commercialization (EPIC) Center, which will be built over seven years, aims to bring chipmakers and universities together to collaborate on innovations that will result in more powerful chips. “For the first time, chipmakers can have dedicated space within an equipment company’s R&D fab, providing early access to next-generation processes and equipment to accelerate product roadmaps,” according to Applied Materials. Continue reading Applied Materials Plans Chip Research Center in Silicon Valley

Supreme Court Sides with Social Media Platforms on Liability

The U.S. Supreme Court opted to uphold the status quo as concerns Section 230 of the Communications Decency Act, opting in two separate cases not to strike down as unconstitutional the statutory provision that shield social media platforms from liability for user posts. The rulings, which involved Google, Twitter and Facebook, were greeted with relief by Big Tech. Although Congress has been vocal about paring back Section 230, a change in the law would be far less disruptive than the seismic aftershocks that would inevitably have been triggered by a reversal. Continue reading Supreme Court Sides with Social Media Platforms on Liability

Montana’s TikTok Ban Tees Up First Amendment Legal Battle

Montana has become the first state to institute an outright ban on TikTok, barring it from operating in the region and prohibiting app stores from providing downloads there. The move is opposed not only by the Chinese-owned TikTok, but by free speech advocacy groups including the American Civil Liberties Union. The ban is set to go into effect January 1, 2024, though legal challenges could delay that implementation. Observers say the inevitable lawsuits fighting the legislation could prove instructive as relates to proposed federal TikTok bans in development in Washington. Continue reading Montana’s TikTok Ban Tees Up First Amendment Legal Battle

Politicians and Tech Leaders Gather to Discuss Regulating AI

A new government agency that licenses artificial intelligence above a certain capability, regular testing, and independent audits were some of the ideas to spring from a three-hour Senate judiciary subcommittee hearing to explore ways in which the government might regulate the nascent field. OpenAI co-founder and CEO Sam Altman advocated for all of the above, stressing the need for external validation by independent experts, strict cybersecurity, and a “whole of society approach” to combatting disinformation. While Altman emphasized AI’s advantages, he warned “if this technology goes wrong, it can go quite wrong.” Continue reading Politicians and Tech Leaders Gather to Discuss Regulating AI

New Federal Bill Would Restrict Social Media Use for Minors

A bipartisan bill introduced in the Senate last week seeks to establish a federal age limit for using social media that would prohibit children 12 and under from creating their own accounts as a way to prevent them from independently logging on to social platforms. The Protecting Kids on Social Media Act takes issue with the engagement algorithms Big Tech uses to keep kids glued to their sites and would limit the type of coding that could be deployed to target young users between the ages of 13 and 17. If not logged into an account, users under 13 could still access other online content. Continue reading New Federal Bill Would Restrict Social Media Use for Minors

Montana Is First State to Send TikTok Ban to Governor’s Desk

Montana law may soon include a total ban on TikTok, as governor Greg Gianforte decides whether to sign a first-of-its-kind prohibition approved by the state’s House of Representatives on Friday. The legislation would also seek to prevent app stores doing business in the state from carrying TikTok. Gianforte will also have the option to veto the proposal, or take no action for 10 days after the bill hits his desk, in which case it becomes law without his signature. Such a ban would likely be challenging to enforce at the state level. Blocking users from TikTok has gained bipartisan support at the federal level, though efforts to pass nationwide legislation have failed. Continue reading Montana Is First State to Send TikTok Ban to Governor’s Desk

Federal Government Continues to Grapple with AI Guidelines

Agencies across the federal government are actively exploring steps to regulate artificial intelligence, seeking to ensure it is safe now while minimizing future harms. The Commerce Department this week issued a public request for comment to be accepted within the next 60 days, then used by U.S. policymakers as they consider new rules for a consumer technology sector that has exploded globally in 2023. The move by Commerce comes on the heels of a scathing advisory by the Federal Trade Commission, which has been examining ways generative AI could be misused for scams or fraud. Continue reading Federal Government Continues to Grapple with AI Guidelines

AMERICA Act Proposes to Curtail Big Tech’s Ad Dominance

A bipartisan Senate group is supporting a bill aimed at reducing the online advertising dominance of Big Tech platforms like Google, Meta and others. Introduced last week by Mike Lee (R-Utah) and championed by Elizabeth Warren (D-Massachusetts), the AMERICA Act — short for Advertising Middlemen Endangering Rigorous Internet Competition Accountability Act — the bill prohibits companies that “process more than $20 billion in digital ad transactions” from owning multiple parts of the digital ecosystem presenting the advertisements. Proponents say the AMERICA Act could radically reshape the advertising framework that underpins the Internet economy. Continue reading AMERICA Act Proposes to Curtail Big Tech’s Ad Dominance

TikTok CEO Testifies Before Congress as App Faces Scrutiny

TikTok CEO Shou Zi Chew plans to offer broad platform safety and security promises at his hearing before the House Energy and Commerce Committee, according to testimony provided in advance of today’s event. The well-being of child users will be a point of focus, as will the Chinese-owned app’s proposed firewall to protect U.S. data from foreign access and government interference. “TikTok will remain a platform for free expression and will not be manipulated by any government,” Chew’s prepared remarks indicate, noting “there are more than 150 million Americans who love our platform.” Continue reading TikTok CEO Testifies Before Congress as App Faces Scrutiny

ByteDance Must Sell Chinese TikTok Stake or Face U.S. Ban

The Biden administration has reportedly come to the conclusion that ByteDance must sell its stake in TikTok or face the possibility of a U.S. ban. The decision comes as Congress turns up the heat on action against TikTok, which is suspected of compromising U.S. data and potentially manipulating news feeds to influence opinion. It follows a quiet, years-long assessment by the Committee on Foreign Investment in the U.S. (CFIUS), which The Wall Street Journal says “made the sale demand recently.” The Treasury Department, which oversees CFIUS, declined to comment. Continue reading ByteDance Must Sell Chinese TikTok Stake or Face U.S. Ban

Former TikTok Worker Tells Congress Project Texas ‘Flawed’

A former TikTok employee has stepped forward to inform congressional investigators that the company’s proposal for protecting U.S. user data is “deeply flawed,” potentially leaving data for more than 100 million American citizens exposed to parsing by China-based entities, including parent company ByteDance and Chinese Communist Party (CCP) rulers. The allegations come at a sensitive time in negotiations with the Committee on Foreign Investment in the United States (CFIUS) to keep TikTok operating in the U.S. over the objection of a bipartisan contingent of lawmakers, who are calling for a ban. Continue reading Former TikTok Worker Tells Congress Project Texas ‘Flawed’

Senate Message to Big Tech Is Expect Reform to Section 230

Bipartisan support is growing in the Senate for changes to Section 230, the part of the Communications Decency Act that grants federal immunity to social media platforms and other tech giants for content users post on their sites. At a combative Senate Judiciary Committee hearing Wednesday, lawmakers from both parties called for gutting major provisions of the legal liability shield, on which Big Tech has come to rely. Senators accused tech firms of putting profits over user safety and slammed the U.S. Supreme Court, which appeared to approach the matter with caution last month in Gonzalez v. Google. Continue reading Senate Message to Big Tech Is Expect Reform to Section 230