The highest court in the land will hear a case about the scope of internet platform liability under Section 230.
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October 3, 2022 – The Supreme Court announced Monday that it will hear a case from a petitioner who argues Google should be held liable in the death of his daughter during an ISIS attack in Paris in 2015.
Reynaldo Gonzalez sued Google under the AntiTerrorism Act for the death of Nohemi Gonzalez because the company’s video sharing platform, YouTube, allegedly hosted ISIS recruitment videos.
Large internet platforms are generally immune from the legal consequences of their users’ posts under Section 230 of the Communications Decency Act. But the highest court in the land will now examine the scope of those protections in this case.
“These cases underscore how important it is that digital services have the resources and the legal certainty to deal with dangerous content online,” Matt Schruers, president of the Computer and Communications Industry Association, said in a statement Monday.
“Section 230 is critical to enabling the digital sector’s efforts to respond to extremist and violent rhetoric online, and these cases illustrate why it is essential that those efforts continue,” he added.
The Senate on Thursday passed legislation that would designate a broadband coordinator to improve programs to better assist small business customers in accessing broadband technology.
The Small Business Broadband and Emerging Technology Enhancement Act of 2022 directs the Small Business Administration to designate a senior Office of Investment and Innovation employee as the broadband and emerging technology coordinator, establishing measures to aid the productivity and competitiveness of small businesses with broadband access and other information technologies that emerge.
The coordinator is expected to identify the best practices that relate to broadband and emerging technology to help small businesses, and coordinate SBA programs that assist small businesses so they can best adopt and use broadband and other emerging information technologies.
The bill, which makes its way to the House, requires Small Business Development Centers to assist in the access of broadband for small businesses.
The upcoming midterm elections for control of the House and the Senate are putting pressure on the Biden administration to formalize an agreement with Chinese-owned TikTok to clamp down on security and privacy issues with the video-sharing app, as Republicans open the door to possible hearings on the matter if they are successful in taking back control of Congress, according to the Wall Street Journal on Monday.
The New York Times reported last week that the Biden administration and TikTok have come to a preliminary agreement to make changes to the app’s data security and governance without requiring the Chinese owner ByteDance to sell the company. The terms include storing American data on servers in the United States, with cloud company Oracle monitoring the app’s algorithms to see what content the app recommends to users.
But as the midterm elections near next month, the Journal, citing anonymous sources, is reporting that the talks have taken on an “added urgency,” as Republicans are promising hearings on the security of the app if they wrestle control from the Democrats on November 8.
“These people say a deal with TikTok owner ByteDance Ltd. aimed at erecting a wall between the U.S. and Chinese operations is close, but caution that hurdles remain—including operational challenges and possible opposition by China’s communist government,” the Journal reported, adding Republicans would challenge any agreement that falls short of “tough safeguards.”
Federal Communications Commissioner Brendan Carr has already chimed in on the preliminary agreement, saying it doesn’t go far enough for the alleged threat the app poses to the country’s national security.
FCC Targets Spam Call Offenders, Disaster Assistance Requirements, U.S. 23rd in Fiber Development
Tech Against Texas Social Media, Alabama Middle Mile Grant, IP3 Awards Bestowed
Tech Against Texas Social Media, Alabama Middle Mile Grant, IP3 Awards Bestowed
Shielding Broadband Grants from Taxes, American at ITU, Google Fiber Multi-Gig Speeds
NTIA Updates Website, New Head of FCC’s Native Affairs Office, Study Criticizes FTC Regulatory Reach
FCC Proposal for Robotexts, FCC Mapping Problems, TikTok’s Preliminary Deal
NTCA Smart Rural Communities, International Telecommunications Union Conference, Carr on TikTok
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For the first time, the FCC is proposing removing voice service providers for breaking spam call rules.
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October 4, 2022 – For the first time, the FCC proposed Tuesday that seven voice service providers be removed from receiving call traffic, after violating the commission’s new scam call framework.
Voice service providers Akabis, Cloud4, Global UC, Horizon Technology Group, Morse Communications, Sharon Telephone Company, and SW Arkansas Telecommunications and Technology have 14 days to show why the FCC should not remove them from the Robocall Mitigation Database.
The database is a filing portal voice service providers must use to inform the commission that they have implemented the STIR/SHAKEN framework, an FCC mandated caller identification technology that allows carriers to digitally validate the authenticity of a phone number, allowing a customer to be sure that the number seen on a caller ID matches the possible caller.
Removal from the database would require all other providers to cease carrying the offending companies’ traffic, meaning all calls from these providers’ customers would be blocked and no traffic originated by the provider would reach the called party, according to the release.
“These and other recent actions reflect the seriousness with which we take providers’ obligations to take concrete and impactful steps to combat robocalls,” Loyaan Egal, acting chief of the FCC’s enforcement bureau, said in the release. “STIR/SHAKEN is not optional. And if your network isn’t IP-based so you cannot yet use these standards, we need to see the steps taken to mitigate illegal robocalls. These providers have fallen woefully short and have now put at risk their continued participation in the U.S. communications system. While we’ll review their responses, we will not accept superficial gestures given the gravity of what is at stake.”
FCC Chairwoman Jessica Rosenworcel added in a statement that, “Fines alone aren’t enough. Providers that don’t follow our rules and make it easy to scam consumers will now face swift consequences,” saying this is a “new era.”
The Federal Communications Commission said Friday it has adopted rules requiring wireless service providers to assist other carriers in the event of emergencies.
The commission codified certain terms from a voluntary program known as the Mandatory Disaster Response Initiative, which has been used by the carriers since 2016 to assist each other in emergency scenarios. The new MDRI requires providers arrange mutual aid, improve public awareness of restoration efforts, and mandate roaming agreements so that any carrier with network outage may get voice roaming on a carrier that is still operational during natural disasters. The new MDRI will be effective October 31.
The September order also requires that the carriers submit performance reporting to the commission in order to improve “reliability, resiliency, and continuity of communications networks during emergencies,” it said in the order.
On Tuesday, the FCC said also is seeking comment on whether MDRI reports to the commission “would benefit from standardization, and what it should entail.”
The FCC is seeking comments until October 31, 2022, with reply comments due on November 29.
Technology research group Omdia listed the United States in 23rd place on fiber development relative to other countries, according to a report released Tuesday.
“Only by maximizing investment in next-generation access can countries optimize their growth potential, and fiber-optic technology is key to that investment. Countries, such as the UK and the US, that are further down the list than many less developed countries, may need to consider policy reforms to ensure that it is easy to deploy infrastructure and that competition in the market remains high in light of mergers taking place,” said Omdia research director Michael Philpott in a statement.
Omdia’s Fiber Development Index measures fiber household coverage, household penetration, business penetration, mobile cell site fiber penetration, total fiber investment, and average download and upload speeds across 81 countries, its website says.
Singapore is ranked first in the Fiber Development Index, as it pushes to become the next “smart nation” by 2025, the report said.
Two information technology industry groups are trying to stall implementation of Texas’ social media law.
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September 30, 2022 – Plaintiffs NetChoice and the Computer & Communications Industry Association on Thursday petitioned the Fifth Circuit of Appeals to delay the implementation of a Texas law that limits social media companies’ ability to moderate content on their platforms.
The Texas law – H.B. 20 – would limit the ability of large social media companies to remove user speech from their platforms based on viewpoint. Supporters of the law say it will prevent platforms such as Twitter from discriminating against conservative political speech.
H.B. 20 was initially blocked by a federal judge last year, but the Fifth Circuit upheld the bill earlier this month. The plaintiffs say they will soon file a petition for a writ of certiorari at the Supreme Court. Thursday’s motion attempts to prevent H.B. 20 from taking effect before the High Court weigh ins.
“There is no question that a law that defies over two centuries of First Amendment protections warrants further federal court review,” said a statement from CCIA President Matt Schruers.
“If states like Texas are allowed to issue must-carry mandates, internet users can expect a torrent of dangerous content and misinformation, just as we head into an election season. Given the implications for the First Amendment and democratic institutions, we are asking the court to block this statute from taking effect until its constitutional problems have been heard.”
Alabama Gov. Kay Ivey announced Tuesday a $82.45 million grant to Fiber Utility Network, a conglomerate of eight rural electric cooperatives.
The grant will fund a middle-mile network that is expected to connect nearly 3,000 miles of fiber infrastructure within three years. The Alabama Department of Economic and Community Affairs’ Alabama Digital Expansion Division will administer the grant, the funds for which came from the American Rescue Plan Act.
“Achieving full broadband coverage is a journey, not a short trip, and today is an important step toward completing that journey. The Alabama Middle-Mile project – the infrastructure setting part of this journey – is going to lead our state to be the model for the nation when it comes to providing broadband capabilities,” said Ivey.
“In 2022, being able to be connected at home, work or on the on go is absolutely necessary, and this is certainly key to making that a reality.”
“The eight electric cooperatives that make up the Fiber Utility Network are honored to be a part of building a middle mile network to bring internet service closer to those Alabamians,” said Tom Stackhouse, president of the Fiber Utility Network. “We want to thank Governor Ivey and the staff at ADECA for the vision, leadership and assistance to make this a reality.”
Public Knowledge hosted the 19th annual IP3 Awards ceremony Thursday, honoring leading voices in technology and tech policy.
Public Knowledge presented the “Internet Protocol Award” to House Majority Whip Jim Clyburn, D-S.C., chair of the House Rural Broadband Taskforce, for his work promoting affordable broadband access. Notably, his work advanced the broadband-funding provisions of the Infrastructure Investment and Jobs Act.
Emma Llanso, director of the Center for Democracy & Technology’s Free Expression Project, received the “Information Policy Award” for her work promoting free expression online.
Kyle Courtney, copyright advisor at Harvard University, received the “Intellectual Property Award.” He works extensively on copyright and library-related legal issues.
Courtney developed the Copyright First Responders program to “help advance teaching, learning, and scholarship through community engagement with copyright.”
Legislation introduced Thursday would shield federal broadband funding from being taxed.
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September 29, 2022 – A bill introduced Thursday would shield federal broadband money from being taxed.
The Broadband Grant Tax Treatment Act, introduced by Sen. Mark Warner, D-Va., and Sen. Jerry Moran, R-Kan., proposes to amend the Internal Revenue Code so that funding for broadband from the Infrastructure, Investment and Jobs Act and the American Rescue Plan Act won’t be considered taxable income.
“Grants awarded to industry for the purposes of broadband deployment are currently factored into a company’s income and will soon be subjected to additional taxes due to scheduled changes to the corporate tax code that kick in beginning next year – unless Congress acts now to address the problem,” a press release said.
Warner said in a press release that if these investments were taxed, the outcome would be counterproductive and would cause companies to not ask for grants if they knew they’d be receiving a higher tax upon receiving grants, adding it could “ultimately diminish efforts to give Americans access to high-speed internet.”
“We appreciate the leadership of Senators Warner and Moran for their efforts to eliminate the tax on broadband grants. With an eye toward 100 percent connectivity, Congress made a historic investment in the broadband grant program in 2021,” Brandon Heiner, senior vice president of government affairs at industry trade group USTelecom, said in a statement.
“However, requiring grant recipients to return as much as 20 percent of those grants in the form of taxes jeopardizes our shared goal of universal connectivity. It is vital that Congress move to eliminate this tax, as America’s broadband providers carefully plan and prepare to allocate resources to connect as many Americans as possible.”
American Doreen Bogdan-Martin was elected secretary general of the International Telecommunications Union Thursday, becoming the first female to take the lead role of the United Nations’ telecommunications regulator.
Bogdan-Martin, who will lead the ITU for the next four years, secured 139 votes to 25 for Russian challenger Rashid Ismailov in votes Thursday at the Plenipotentiary Conference in Bucharest, Romania.
“I believe we, the ITU and our members, have an opportunity to make a transformational contribution. Continuous innovation can and will be a key enabler to facilitate resolution of many of these issues,” Bogdan-Martin said in a statement.
The ITU develops international connectivity standards in communications networks and improving access to information and communication technologies for underserved communities worldwide.
“[Bogdan-Martin will be a tremendous leader for the [ITU],” Alan Davidson, head of the National Telecommunications and Information Administration, said on Twitter. “We support her vision of open, free, secure and inclusive communications networks, available to all,”
In a statement, Matt Schruers, president of the Computer and Communications Industry Association, said, “We applaud the election of an expert veteran to lead the ITU, and support global efforts in maintaining internet freedoms that promote access to information and democracy.
“The ITU plays an important role in facilitating international connectivity in communications networks, and we look forward to working with ITU leadership to carry out the organization’s important mission.”
Last week, President Joe Biden announced his support for the American as a candidate for the position.
Google Fiber said in a blog post Tuesday that it will have announcements about upcoming multi-gigabit service tiers, after its fiber product hit download speeds of 20.2 gigabits per second in a home test in Kansas City.
The company said in the post that the new test is part of its move toward “dramatically” expanded multi-gigabit tiers of service, and an overall goal of hitting the 100 Gigabits per second download and upload milestone.
“We believe that many, if not most, communities across America will ultimately have at least two, if not three, fiber providers and an incumbent coax provider. We see it in communities we plan to build in, and expect investment in the industry to continue,” the post said.
“This means that a fiber network alone will no longer be the differentiating factor it once was for internet providers,” it added. “The unique selling points will be how that network is built to deliver symmetrical multi-gig speed at accessible pricing — all with a focus on enabling service that takes advantage of that speed not just to the home but in the home, as well.”
Google Fiber is a sponsor of Broadband Breakfast.
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