Post

What’s Next for Net Neutrality

October 2, 2019 FCC , Legislation , Litigation , Net Neutrality , Title II

As you may have heard, the long-awaited decision in Mozilla v. FCC came out yesterday. First the bad news: The Federal Communications Commission won on the main issue, which is broadband reclassification. But there’s good news, too, in that the Court completely rejected the FCC’s attempts to prevent states from passing their own net neutrality […]

Read More
Post

If The FCC Gets Its Way, We’ll Never Close the Digital Divide 

September 26, 2019 Broadband Access , FCC , Rural Broadband , Title II , USF

The Universal Service Fund (USF) is a vital program administered through the Federal Communications Commission intended to ensure that U.S. residents, educational institutions, and healthcare facilities have access to affordable communication services, including broadband. In May, the FCC proposed capping the total amount it would expend for USF programs and combining two USF programs – the E-Rate and Rural Telehealth programs. This is a bad idea, as […]

Read More
Post

Your Landlord Might Be Making Deals With Broadband Providers. We Want Them to Stop.

September 10, 2019 Broadband Access , Competition , FCC , MDUs , MTEs

Let me tell you a story about my attempts to get broadband internet access at my old apartment building. I had just finished law school and moved into a large corporate apartment in the Washington, D.C. area. After doing some research, I picked the broadband and cable plan that was best for me and my […]

Read More
Post

Could the FCC Regulate Social Media Under Section 230? No.

August 14, 2019 Content Liability , Content Moderation , FCC , Platform Regulation , Section 230

Last week, Politico reported that the White House was considering a potential “Executive Order” (EO) to address the ongoing-yet-unproven allegations of pro-liberal, anti-conservative bias by giant Silicon Valley companies such as Facebook, Twitter, and Google. (To the extent that there is rigorous research by AI experts, it shows that social media sites are more likely to flag posts by self-identified African Americans as “hate speech” than identical wording used by whites.) Subsequent reports by CNN and The Verge have provided more detail. Putting the two together, it appears that the Executive Order would require the Federal Communications Commission to create regulations designed to create rules limiting the ability of digital platforms to “remove or suppress content” as well as prohibit “anticompetitive, unfair or deceptive” practices around content moderation. The EO would also require the Federal Trade Commission to somehow open a docket and take complaints (something it does not, at present, do, or have capacity to do – but I will save that hobby horse for another time) about supposed political bias claims.

Read More
Post

Protecting Privacy Requires Private Rights of Action, Not Forced Arbitration

August 6, 2019 Data Protection , FCC , Forced Arbitration , Mandatory Arbitration , Privacy

Over the past few years, the major U.S. mobile carriers have been in the spotlight over allegations that they have been selling their subscribers’ real-time geolocation data, including highly precise assisted GPS (A-GPS) information designed for use with “Enhanced 911” (E911). The Federal Communications Commission requires mobile carriers to offer E911, a service that provides 911 operators with a wireless caller’s location information, generally accurate within 50 to 300 meters.

Read More