If Joe Biden wins the November election, expect Democrats to pursue antitrust law changes that would raise the bar for acquisitions, experts said in recent interviews. President Donald Trump has shown more interest in politically driven attacks than serious policy work, they said.
Karl Herchenroeder
Karl Herchenroeder, Associate Editor, is a technology policy journalist for publications including Communications Daily. Born in Rockville, Maryland, he joined the Warren Communications News staff in 2018. He began his journalism career in 2012 at the Aspen Times in Aspen, Colorado, where he covered city government. After that, he covered the nuclear industry for ExchangeMonitor in Washington. You can follow Herchenroeder on Twitter: @karlherk
Adopt NTIA’s petition for rulemaking on Communications Decency Act Section 230, Republican state attorneys general commented to the FCC posted Thursday in RM-11862 (see 2009020064). Tech, telecom and consumer groups again largely said the FCC shouldn't consider the petition, saying the FCC and NTIA are exceeding their jurisdiction and expertise. The AG group was formed by Texas’ Ken Paxton, Indiana’s Curtis Hill, Louisiana’s Jeff Landy and Missouri’s Eric Schmitt. The petition clarifies 230's scope and empowers states without undermining protections for moderation of “traditionally regulated content,” they wrote: It promotes freedom of speech by “ensuring competition through transparency.”
Reject NTIA’s petition for a rulemaking on Communications Decency Act Section 230, tech, telecom and consumers groups told the FCC in comments posted Wednesday before the midnight deadline in RM-11862 (see 2008120050). The petition has no legal basis, the agency doesn’t have jurisdiction, and President Donald Trump is attempting to use the commission for political gain, they said. AT&T called for uniform liability protections.
NTIA’s petition for an FCC rulemaking on Communications Decency Act Section 230 “lacks a legitimate legal basis” and would “cause serious harm to company moderation efforts,” Internet Association Deputy General Counsel Elizabeth Banker told reporters Tuesday (see 2008120050). Content moderation protects consumers, and reasonable people want platforms to take action like “removing promotion of suicide, plans for bombs and other dangerous materials, or 419 scams,” she said. The FCC lacks “authority to implement this rule under both First Amendment case law and administrative law precedent,” she added. Comments on the petition are due Wednesday.
President Donald Trump can’t forcibly remove FTC Chairman Joe Simons without cause, former agency officials told us, defending Simons as well-respected. They discussed ways Trump might seek to oust or demote the chairman, and a potential replacement. The Trump administration is reportedly seeking a replacement.
Law enforcement is grappling with an increase in child exploitation as online activity surged during the COVID-19 pandemic, police and child advocates said in interviews. Law enforcement officials cited cyber tip increases across the country. Advocates want more investigatory resources, national legislation and for Big Tech to be held accountable.
House Communications Subcommittee ranking member Bob Latta, R-Ohio, is considering all options to restore law enforcement access to ICANN’s Whois database, a spokesperson told us Wednesday. Earlier, FTC Chairman Joe Simons wrote Latta about concerns about the availability of accurate domain name registration information when investigating crimes.
The FTC is collaborating with at least six state attorneys general on contact tracing scams, Chairman Joe Simons recently wrote Sens. Jerry Moran, R-Kan., and Amy Klobuchar, D-Minn. We obtained the correspondence through a Freedom of Information Act request. The FTC is working with state AGs in Alaska, Georgia, Massachusetts, New Jersey, North Carolina and Oregon, plus the National Association of Attorneys General, Simons wrote the senators Aug. 4. An FTC spokesperson declined comment on whether the group plans law enforcement action.
TikTok sued the Trump administration Monday, challenging its effort to “ban” the company in the U.S. and citing a lack of due process (see 2008070032). TikTok prefers constructive dialogue over litigation, but President Donald Trump’s executive order leaves the company with “no choice,” it said Monday. The White House and DOJ didn’t comment.
DOJ's restructuring its Antitrust Division Civil Enforcement Program is a good move that will closely mirror the FTC’s organization, antitrust attorneys said in interviews. DOJ said the realignment will allow more “vigilant enforcement” and “deeper expertise in technology trends.” The department is creating an Office of Decree Enforcement and Compliance and a Civil Conduct Task Force. The restructuring includes redistributing “matters among its six civil sections in order to build expertise based on current trends in the economy,” it said.