President Joe Biden is expected to nominate Columbia University law professor Lina Khan, a leader of the Big Tech antitrust movement, for an open seat on the Federal Trade Commission, where she would have power to enforce existing regulations. Biden appointed another Columbia law professor, Tim Wu to the National Economic Council (NEC) as a special assistant for technology and competition policy. Big Tech antitrust wasn’t a signature focus of Biden’s presidential campaign, but the appointments seem to signal his intentions. Continue reading Biden Appointing Antitrust Experts to Key Administrative Posts

In 2018, former California governor Jerry Brown signed a bill making the state the first to enact a net neutrality law. The Trump administration sued to block it, and the Biden administration dropped that suit, but the telecom industry had filed a separate suit. Now, U.S. District Court judge John A. Mendez denied the telecom suit, allowing the state to enforce the 2018 law. State senator Scott Wiener (D-San Francisco) called the decision “a huge victory for open access to the Internet, our democracy and our economy,” while some industry groups suggest federal legislation would be a preferred approach to a state-by-state model. Continue reading Court Decision Allows California to Enforce Net Neutrality Law

The Senate confirmed Nathan Simington as a new Republican FCC member in a 49-to-46 vote. The confirmation comes as FCC chair Ajit Pai prepares to exit his post in January. In the run-up to the vote, Simington vowed “regulatory stability” and an openness to reexamining Section 230 of the Communications Decency Act. With Simington, the five-member FCC could be deadlocked at the beginning of 2021, with two Democrats and two Republicans, possibly limiting its ability to carry out president-elect Joe Biden’s agenda. Continue reading Senate Confirms Trump Nominee for FCC Nathan Simington

Federal Communications Commission chair Ajit Pai announced he will step down from his position on January 20, 2021. The FCC senior Democratic member, Jessica Rosenworcel, is predicted to be one of the leading candidates to succeed Pai, although former FCC commissioner Mignon Clyburn has also been mentioned. With Pai’s departure, president-elect Joe Biden will be able to work with Democrats shortly after Inauguration Day on such anticipated priorities as restoring net neutrality and expanding universal broadband access.

Continue reading Biden to Select Replacement for Outgoing FCC Chair Ajit Pai

European carriers such as Vodafone are experiencing a spike in data traffic due to increased usage by home-bound consumers. The European Commission, which has net neutrality regulations in place, warned the telcos to avoid blocking, slowing down or prioritizing traffic as they attempt to avoid gridlock. At the same time, the Commission is concerned that crucial services including healthcare and online learning might be impeded. Netflix, Disney+, Facebook, Instagram, YouTube and Amazon Prime are among the companies cooperating with the European Union to curtail bandwidth usage for the time being. Continue reading Europe Attempts to Ease Strain From Increased Internet Traffic

At the HPA Tech Retreat in Rancho Mirage, California, Thompson Coburn partner Jim Burger presented his annual update on activities in Washington D.C. relevant to the media and entertainment business. Among the numerous copyright issues that Burger examined was the long-running case of Oracle America v. Google, which is centered on whether or not Oracle’s Java APIs are copyrightable. Google used early versions of the APIs to create its Android operating system. Continue reading HPA Tech Retreat: An Update to Compelling Copyright Issues

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

Following a discussion with FTC chair Joseph Simons, CTA chair/chief executive Gary Shapiro welcomed FCC chair Ajit Pai who has tried unsuccessfully to speak at CES for the last two years. Since the change in net neutrality laws, which met with a lot of pushback, noted Pai, “speeds are up, broadband infrastructure is up, more fiber was laid in 2019 than in any other year.” “We often heard that this was the end of the Internet,” Pai said. “But more Americans get faster Internet than ever before.” Continue reading CES 2020: (Finally) a Fireside Chat with FCC Chair Ajit Pai

In response to a lawsuit from FairPlay, a coalition of major broadcasting and telco companies, the Canadian Federal Court issued its first pirate site blocking order. The order requires major ISPs to block the domains/IP addresses of GoldTV, a pirate IPTV service, and also opens the door to a more comprehensive push to block other pirate sites. FairPlay also wants to see the implementation of a national pirate site-blocking initiative. CRTC, Canada’s telco regulator, denied the first request, saying it had no jurisdiction. Continue reading Canadian Federal Court Issues Pirate Site Blocking Measure

The U.S. Court of Appeals for the District of Columbia Circuit yesterday upheld the federal government’s repeal of net neutrality in the latest ruling that impacts how companies connect people to the Internet. However, the appeals court also ruled that the FCC had overstepped in its decision to prevent state and local governments from establishing their own related rules. The mixed ruling will likely lead to continued debate over net neutrality regulation, especially on the state level. It is also seen as a victory for the Trump administration, which has supported deregulation, and FCC chair Ajit Pai, who believes the repeal is good for the economy and fosters innovation. Continue reading Federal Appeals Court Offers Mixed Ruling on Net Neutrality

FCC chair Ajit Pai has put forth a plan to prevent cities and towns from regulating Internet access via their authority over cable TV networks and limit how much cities can charge cable companies. The cable industry has long lobbied for these changes; Pai’s proposal will come to a vote at the FCC on August 1. Pai’s proposal states that “some states and localities” are collecting fees and imposing requirements not “explicitly allowed” by Title VI, the cable regulation section Congress added to the Cable Act of 1984. Continue reading FCC Proposal Restricts Local Regulation of Cable Networks

NCTA (National Cable TV Association) chief executive Michael Powell told Congress’ Communications and Technology subcommittee that the lobbying group agrees, “there should be no blocking or throttling of lawful content … [or] paid prioritization that creates fast lanes and slow lanes.” Even so, he did ask for exceptions that would allow Internet providers to charge for prioritization “under certain circumstances.” His request highlights the stark divide between the broadband industry and net neutrality advocates. Continue reading NCTA Lobbies For Paid Prioritization in Net Neutrality Rules

California telecom regulators wanted to impose a state fee on text-messaging services, but the Federal Communications Commission has squelched that plan by classifying text-messaging as an information service, not a telecommunications service. That’s the same classification the FCC applied to broadband when it repealed net neutrality and dictated that states cannot create their own net neutrality laws. Although California’s legislature is challenging the latter in court, it isn’t challenging the latest FCC ruling. Continue reading FCC Nixes California Regulators’ Plan to Add Fee to Texting

Stanford University released the findings of a study on the comments received by the FCC on its plan to end net neutrality. The FCC received millions of comments from bots that used real identities, making it difficult to determine authenticity. The research analyzed 800,000+ unique comments that were not obviously produced by bots to conclude they were overwhelmingly in favor of net neutrality. The New York attorney general is seeking to determine if false comments swayed legislators in their decision to end net neutrality. Continue reading Millions of Net Neutrality Comments to FCC Judged for Fraud

Given compelling issues of privacy breaches and data hacks, Senator Nancy Pelosi became convinced that a set of principles that everyone in the tech industry agreed to would be a good step toward adhering to values. She asked Democratic legislator Ro Khanna, who represents Silicon Valley, to create such a list. He consulted with Apple, Facebook, Google, think tank Center for Democracy and Technology and individuals including Nicole Wong and Tim Berners-Lee, and just recently released the resulting Internet “Bill of Rights.” Continue reading Politicians Team with Tech Industry on Internet Bill of Rights