Texas sued TikTok for allegedly violating the state’s new social media parental-consent law. The social media platform shared minors’ personal data in violation of the state’s social media age-restriction law (HB-18), Texas said in a complaint at the Texas District Court in Galveston County (case 24-CV-1763). “Texas law requires social media companies to take steps to protect kids online and requires them to provide parents with tools to do the same,” said Ken Paxton (R), the Texas attorney general. The complaint claims that TikTok failed to provide those tools and develop a commercially reasonable parental-consent mechanism. In addition, Texas alleged that TikTok shared and disclosed minors’ personal identifying information without parental consent. Paxton sought injunctive relief and civil penalties of up to $10,000 per violation. A TikTok spokesperson said, “We strongly disagree with these allegations and, in fact, we offer robust safeguards for teens and parents, including Family Pairing, all of which are publicly available. We stand by the protections we provide families.” The lawsuit comes roughly one month after the U.S. District Court of Western Texas granted a preliminary injunction (see 2409030039) against the 2024 law in a case that tech industry groups NetChoice and the Computer & Communications Industry Association (CCIA) brought. However, TikTok is not a member of NetChoice or CCIA. “The injunction granted by Judge [Robert] Pitman of the Western District of Texas bars the state from enforcing particular provisions of [HB-18] only as to CCIA, NetChoice, and their members,” said Stephanie Joyce, CCIA chief of staff.
Possible harm to the public interest outweighs the presence of competition in a Connecticut market where Verizon seeks deregulation, the state’s Public Utilities Regulatory Authority (PURA) said in a proposed decision released Thursday. PURA plans to vote Oct. 16 on the draft, which would deny Verizon’s petition to reclassify its remaining services as competitive and retire the company’s alternative form of regulation plan.
California should shed carrier of last resort (COLR) obligations in many parts of the state, carriers that are subject to those regulations said in comments posted this week at the California Public Utilities Commission. Just don’t extend the rules to other kinds of companies, warned a cable broadband association, whose members are free from such regulations. However, consumer advocates said COLR obligations remain necessary and should be updated to include high-speed internet service, not just voice.
New York Attorney General Letitia James (D) is considering regulating telecommunications companies with age-verification rules that normally are reserved for social media platforms.
A Pennsylvania bill reauthorizing the state’s call-before-you-dig law will go to the House floor. The House Consumer Protection Committee quickly and unanimously cleared the measure (HB-2189) without amendments during a livestreamed hearing Monday. Chairman Robert Matzie (D) indicated that the bill would likely be amended on the floor. At a hearing on HB-2189 earlier in September, Pennsylvania Public Utility Commission Chairman Stephen DeFrank said the expected influx of broadband work is a key reason for reauthorizing the law requiring excavators to call 811 before digging (see 2409170004).
Popping in unannounced Saturday night, D.C. Council Public Safety Chair Brooke Pinto (D) found “unacceptable” and “extremely dangerous” levels of staffing at the District of Columbia’s 911 center, the councilmember said during a livestreamed hearing Monday. Multiple members and witnesses voiced little if any confidence in the Office of Unified Communications or Mayor Muriel Bowser (D) fixing reported problems, which include blown addresses and delays answering calls and sending help.
Emergency 911 networks appear largely to have withstood the powerful Hurricane Helene, officials said Friday. Helene made landfall as a Category 4 hurricane Thursday at 11 p.m. in Taylor County, part of Florida’s Big Bend region, with maximum sustained winds of 140 miles per hour, the office of Gov. Ron DeSantis (R) said Friday. After preparing for the massive storm (see 2409250048), telecom companies reported some damage to network infrastructure and said they are responding to problems that flooding and power outages caused.
Two consumer privacy organizations assembled a model privacy bill for states that includes a private right of action, making it unlike legislation in nearly all the 20 states that have comprehensive privacy laws. Basing their model bill on the Connecticut Data Privacy Act, Consumer Reports and the Electronic Privacy Information Center said the aim of the model bill is to fill “loopholes” in that measure. Industry likes -- and many state legislators are familiar with -- the Connecticut law, CR and EPIC said Tuesday. Notably, though the model bill has a private right of action, it's narrow and wouldn’t allow lawsuits against small businesses. Under the model bill, consumers could seek relief, including at least $5,000 in damages per violation, from larger companies. Moreover, the model bill provides enforcement by a state attorney general, district attorney or city corporation counsel, and the AG would have rulemaking authority. Most states with privacy bills allow AG enforcement only. The model bill calls for a 60-day right to cure for a limited time. Also, unlike the Connecticut law, the model bill requires data minimization, which limits the amount of data businesses collect from the start. In addition, the CR and EPIC model adds protections for children and sensitive data and clarifies advertising rules contained in the Connecticut bill. When considering specific industries like healthcare that federal privacy covers, the model bill makes exemptions based on the type of data, unlike the Connecticut law, which does so based on the type of entity. As in the Connecticut law, the CR/EPIC model supports browser-based, global opt-out mechanisms. “The State Data Privacy Act was developed in an effort to more meaningfully protect user privacy than we’ve seen in many state laws, while also retaining a format more familiar to state policymakers,” said Matt Schwartz, CR policy analyst. EPIC Deputy Director Catriona Fitzgerald added, “This proposal sets out rules allowing companies to collect and use data in ways consumers expect while putting a stop to the data abuses that happen outside of their view.” Public Knowledge, the Center for Democracy and Technology and the Public Interest Research Group support the model bill, CR and EPIC said. Fitzgerald emailed us Wednesday, "Our next step is to work to get folks [committed] to introduce it."
State government entities and telecom companies braced Wednesday for the imminent arrival of Hurricane Helene. The powerful weather event could become a Category 4 hurricane before reaching Florida's Gulf Coast Thursday, likely damaging buildings and knocking out power in many places, said an AccuWeather advisory Wednesday.
The railroad industry is too early to challenge a 2023 Virginia law that gave ISPs access rights to railroad properties, said Virginia State Corporation Commission Judge Jehmal Hudson and other state officials in a response brief Wednesday at the 4th U.S. Circuit Court of Appeals. The Association of American Railroads (AAR) is appealing a U.S. District Court for Eastern Virginia decision to dismiss its lawsuit against the state officials for lack of standing and other reasons (see 2407220018). The Virginia appellees urged the 4th Circuit to affirm the district court’s judgment.