The Supreme Court of the United States has delayed its decision in a request to hear three cases that would test the constitutionality of Texas and Florida laws that propose to allow lawsuits on the basis of political censorship by online platforms. Although the cases would not be heard until the court’s next session, which extends into 2024, the laws remain blocked in the interim. Rather than deciding outright whether it will grant certiorari, SCOTUS on Monday asked the Justice Department to file the Biden administration’s position, forestalling immediate deliberations. Continue reading Supreme Court Asks DOJ to Weigh In on Online Speech Laws

Brendan Carr, a commissioner of the Federal Communications Commission, is continuing his efforts to have TikTok banned, telling the Council on Foreign Investment in the U.S. in his strongest language to date that the viral short-form video app is, as a result of consumer adoption, becoming a part of the nation’s critical information infrastructure, and thus presents a national security risk due to Chinese ownership. TikTok is reportedly back in negotiations with the CFIUS, an interagency committee that reviews foreign investment, about a change of ownership that would smooth the path to ongoing U.S. operations. Continue reading FCC’s Carr Renews Call for a National Security Ban on TikTok

The nation’s largest publisher, Penguin Random House, was in federal court this week to defend itself against the Justice Department, which filed an antitrust lawsuit to block its acquisition of Simon & Schuster. The DOJ has been increasingly focused on antitrust and is hiring more trial lawyers in preparation for an action against Alphabet’s Google for its dominance in search and digital advertising. Although ostensibly on trial for threatening to shrink the number of American mass-market publishers from five to four, the Penguin suit also involves examination of the retail power of Amazon. Continue reading How the DOJ Antitrust Publishing Lawsuit Relates to Amazon

Battling new antitrust action by the U.S. Department of Justice, Google is offering to separate part of its adtech business into a discrete unit. The new Alphabet company would focus on app dissemination and programmatic auctions for advertising space and could potentially be worth billions of dollars. It is not known whether the move would satisfy the DOJ, which is reportedly prepping a fresh antitrust suit in the wake of a 2020 action. Google is also the target of antitrust investigations by state attorneys general and under EU and UK inquiries for anticompetitive measures. Continue reading Under Antitrust Scrutiny, Google Could Spinoff Its Adtech Biz

Meta Platforms has agreed to change its advertising technology and pay a $115,054 fine to settle a Justice Department claim of race and gender discrimination by the algorithm used to display its housing ads. “Meta will — for the first time — change its ad delivery system to address algorithmic discrimination,” U.S. attorney for the Southern District of New York Damian Williams said in a statement. “But if Meta fails to demonstrate that it has sufficiently changed its delivery system to guard against algorithmic bias, this office will proceed with the litigation.” Continue reading Meta Platforms Will Adjust Ad Tech per Agreement with DOJ

The U.S. Department of Justice has formed the National Cryptocurrency Enforcement Team (NCET) to investigate the use of cryptocurrency for criminal purposes. The new unit will examine cases involving virtual currency exchanges and money laundering. Members will also investigate so-called “mixing and tumbling” services, which involve charging a fee to send cryptocurrency to an address while obscuring the source of funds. The group, which include experts from the offices of U.S. Attorneys, will also work on tracing and recovery of assets lost to fraud, hacking or ransomware extortion. Continue reading Department of Justice Launches a Cryptocurrency Crime Unit

As anticipated, the U.S. Department of Justice has filed an antitrust lawsuit against Alphabet’s Google, accusing the company of “unlawfully maintaining monopolies” involving its search and related advertising services. The DOJ is also questioning the terms of Google’s Android operating system, which the Department believes essentially forces phone makers to pre-load Google apps and set Google Search as a default feature. The concern is that the practice unfairly hinders competition and enables Google to generate significant revenue from its search-related advertising business. Continue reading Department of Justice Files Antitrust Lawsuit Against Google

The Justice Department sent Congress draft legislation to weaken Section 230 of the Communications Decency Act, leaving Facebook, YouTube and other social media platforms vulnerable to legal action for content posted by users. The proposed changes would create liability for platforms that allow “known criminal content” to remain once they are aware of it. President Trump claims that social media companies are biased against conservatives. The platforms have not been protected against some civil suits. Continue reading Proposed Legislation Would Weaken Shields for Social Media

In its antitrust investigation of Google, the U.S. Department of Justice and state attorneys general are looking at whether the Big Tech company engages in “tying,” a practice of bundling products together with the aim of blocking competition. According to sources, the government officials have questioned executives at competing companies about Google’s Network, the division that sells end-to-end digital advertising services, and whether it offers advertisers enticing terms to buy into its complete ecosystem. Continue reading Antitrust Officials Focus on Google’s Advertising Ecosystem

The Justice Department and Attorney General William Barr plan to bring an antitrust lawsuit against Google as soon as this summer, but not all of the DOJ staffers are happy with what they say is an “aggressive timeline.” Critics believe that the case isn’t ready for trial and that they need more time to determine if the “millions of pages of documents” contain enough evidence to win the case. But Deputy Attorney General Jeff Rosen stated that the case is “a major priority” and the DOJ is “going full-tilt.”

Continue reading Some DOJ Lawyers Warn of a ‘Rush’ to Bring Google Lawsuit

Chinese app TikTok has had a tumultuous few weeks. After being banned in India due to political tensions between that country and China, TikTok ceased its activities in Hong Kong in response to its concerns about the mainland’s imposition of a natural security law. In the U.S., the Trump administration is considering limiting the app’s access to its users. Now, sources say the U.S. Justice Department and Federal Trade Commission are probing allegations that TikTok has violated a 2019 agreement on children’s privacy. Continue reading FTC and DOJ to Probe TikTok Violation of Child Privacy Rules

The Justice Department is scrutinizing Apple’s App Store rules, specifically the requirement that app developers use Apple Pay, which takes up to a 30 percent cut. Since mid-2019, lawyers have been interviewing app developers about their experiences with Apple. Developers have pushed back by blocking subscriptions and payments on their apps or charging higher rates on iPhone apps. The DOJ’s antitrust resources are focused on Google’s dominance in digital advertising, which may result in a case as early as this summer. Continue reading Justice Department Probes Requirements of Apple App Store

The Justice Department recommended, in a 25-page report, that lawmakers repeal portions of Section 230 of the Communications Decency Act of 1996, which has given website operators broad immunity for what people post on their services. The proposed repeal would take away that immunity, forcing social media platforms and similar sites to be responsible for the videos, words, images posted by their users, while assuring that their moderation is consistent. The DOJ’s recommendation will have to be enacted by Congress. Continue reading DOJ Favors Withdrawing Section 230’s Immunity for Big Tech

The Federal Communications Commission approved the merger between T-Mobile and Sprint yesterday, months after the Justice Department gave its approval. FCC chair Ajit Pai and Republican commissioners Brendan Carr and Michael O’Rielly indicated their support of the deal in May, believing that it would lead to a faster deployment of 5G. Democrats voted against the merger, and commissioner Jessica Rosenworcel argued that it would lead to higher prices and less innovation, ultimately impacting consumers. A coalition of state attorneys general are still attempting to prevent the merger with a multistate lawsuit. Continue reading FCC Formally Approves the Merger of T-Mobile and Sprint

ASCAP and BMI, the two largest U.S. performing rights organizations, have operated under separate 1941 consent decrees. The decrees, designed to protect competition, dictate how ASCAP and BMI (but not rivals SESAC and Global Music Rights) license music. In February, ASCAP and BMI, who are fierce competitors, urged the consent decrees to be updated or ended, and, last year, Justice Department assistant attorney general for the antitrust division Makan Delrahim vowed to examine the decrees to “determine their validity.” Continue reading ASCAP, BMI Urge Government to Update Consent Decrees