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

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

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

Utah has become the first state to pass laws requiring social media platforms to obtain age verification before users can register. The law is designed to force social networks to enforce parental consent provisions. As of March 2024, companies including Facebook, Instagram, Snap, TikTok and Twitter will be required to secure proof of age for Utah users via a valid ID instead of just letting people type in their birth date at sign-up. While Utah is out front on the issue, nine other states have proposed legislation that includes age checks, most recently Arkansas. Continue reading Utah’s Social Media Law Requires Age Verification for Minors

A California appeals court upheld most of Proposition 22, the 2020 ballot measure impacting gig workers. The decision — a victory for Uber and Lyft, among the companies spending upward of $200 million to support the measure — overturned a 2021 California Superior Court decision that found the proposition “unenforceable.” The Service Employees International Union, party to the lawsuit challenging Prop 22, is expected to appeal to the California Supreme Court, which may hear or reject the case at its discretion. Either way, that result can then be appealed to the U.S. Supreme Court. Continue reading California Upholds Most of Prop 22 in Win for Gig Companies

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

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

The Federal Communications Commission has unveiled specifics for new labels that clarify hidden fees and surprise rate hikes on consumer broadband services. Broadband providers will be required to display, at the point of sale, labels that show key information about prices, speeds, fees, data allowances, and other key information using a format that resembles the familiar “nutrition labels” that appear on food products. Emphasizing broadband as “an essential service, for everyone, everywhere,” FCC chairwoman Jessica Rosenworcel said the labeling rules apply to both wired and wireless services. Continue reading FCC Rules Require ISPs Provide Broadband Nutrition Labels

President Biden has signed an executive order designed to repair data sharing with the European Union. The arrangement has been in disarray since 2020, when the Court of Justice of the European Union nullified the Privacy Shield, jeopardizing what the White House calls a $7.1 trillion economic relationship, premised on companies doing business on both sides of the pond. Friday’s executive order stipulates new ways for the EU to challenge what it had previously identified as objectionable U.S. government surveillance practices. In March, the U.S. and European Union agreed “in principle” to a revamped framework for data transfers. Continue reading White House Updates Data Protection Framework with the EU

President Biden welcomed guests to the White House last week for the inaugural United We Stand Summit, an event to combat hate speech and violence. “There are core values that should bring us together as Americans, and one of them is standing together against hate, racism, bigotry, and violence that have long haunted and plagued our nation,” Biden told the bipartisan group. Participants gave the president a standing ovation when he specified that he will work to “hold social media companies accountable for spreading hate.” “I’m calling on Congress to get rid of special immunity for social media companies and impose much stronger transparency requirements,” Biden said. Continue reading Biden Calls on Congress to Cease Immunity for Social Media

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

The Supreme Court’s recent FBI v. Fazaga decision regarding surveillance has been interpreted by some as an obstacle to Biden administration efforts to secure an effective replacement for the EU-U.S. Privacy Shield. Originally implemented in 2016, thousands of U.S. companies had been relying on the Privacy Shield to centralize customer data. In 2020, the Court of Justice of the European Union (CJEU) nullified the framework after finding U.S. surveillance laws provide a loophole for unauthorized access to data belonging to EU citizens. Earlier today however, the U.S. and European Union agreed “in principle” to a revamped framework for data transfers. Continue reading Europe and U.S. Data-Sharing Pact to Replace Privacy Shield

President Joe Biden has paved the way for a potential Democratic majority at the Federal Communications Commission, nominating Gigi Sohn to fill the fifth commissioner slot, vacant since Ajit Pai resigned in January. Jessica Rosenworcel, who stepped up as acting chairwoman when Pai left, has been nominated as permanent chair. Sohn, a public interest lawyer with 30 years of experience in communications and technology policy, spent three years as counselor to Obama administration FCC chair Tom Wheeler. In that capacity, she championed net neutrality and Title II common carrier rules that were adopted in 2015, only to be jettisoned in 2017 under Pai. Continue reading Biden Reveals FCC Chair and New Commissioner Nominees

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