Thursday’s testimony from Facebook underscores the need for the FTC to update the Children's Online Privacy Protection Rule (see 2105110052), Senate Commerce Committee Chair Maria Cantwell, D-Wash., told us after a Senate Consumer Protection Subcommittee hearing (see 2109240009). Members said Global Head-Safety Antigone Davis evaded questions about the company’s internal research showing a link between youth mental health issues and Instagram activity (see 2109150053). “They had information that they basically said they didn’t, which is a problem,” said Cantwell.
Section 230
Acting FCC Chairwoman Jessica Rosenworcel said Wednesday she’s deferring to Congress in deciding how to parcel out the proposed $65 billion in broadband money included in the Senate-passed Infrastructure Investment and Jobs Act (HR-3684). She sidestepped questions during a virtual Politico event about whether senators’ decision to parcel out the bulk of connectivity funding in HR-3684 to NTIA indicates a lack of faith in the commission. Capitol Hill leaders said during the event they continue to push for lawmakers to pass a national privacy standard and revamp Communications Decency Act Section 230 during this Congress.
FCC Commissioner Brendan Carr, the biggest question mark as the agency considers a draft order and Further NPRM on the 4.9 GHz band, indicated Wednesday he may support a proposal to take another look at the band, teed up for a Sept. 30 commissioner vote. Carr was the lone dissenter (see 2105270071) when the FCC stayed rules OK’d last year giving states control.
Aerospace Corp. hires Audrey Allison, former Boeing vice president-global spectrum management; she joins Center for Space Policy and Strategy as senior project leader ... Cable Center CEO-President Jana Nelson Henthorn retiring, effective year-end and remaining on the board as immediate past president ... Vivint Smart Home announces DLA Piper’s Daniel Garen as chief ethics and compliance officer.
The FCC “absolutely” still has a role in interpreting Communications Decency Act Section 230, Commissioner Brendan Carr told us last week on the sidelines at the Technology Policy Institute conference in Aspen. He believes ISP-like transparency rules can be used “as a foundation” for increasing social media content moderation transparency.
ASPEN, Colorado -- The Facebook oversight board may gradually expand its membership and could theoretically double from 20, the Technology Policy Institute was told Monday. More members could handle additional cases, TPI heard. Though there's no current plan to vastly increase its size, some members probably will be added, including later this year, the Facebook panel's representatives told us on the event's sidelines.
As ISPs face a growing number of lawsuits by music labels accusing them of complacency in battling piracy by their subscribers, intellectual property and copyright experts say it's not clear whether broadband internet access service providers have modified their procedures in response or whether such contributory and vicarious copyright infringement suits will continue to be filed and potentially won for years to come.
FTC Chair Lina Khan’s open meeting approach is drawing the ire of some Senate Republicans. Judiciary Committee ranking member Chuck Grassley, R-Iowa, told us he stands by his vote for Khan’s confirmation. Last week, Sens. Marsha Blackburn, R-Tenn.; John Cornyn, R-Texas; Thom Tillis, R-N.C.; Cynthia Lummis, R-Wyo.; and Bill Hagerty, R-Tenn., wrote Khan expressing concerns about the “FTC’s level of transparency.” They drew attention to the lack of opportunity for public comment leading to recent party-line votes (see 2107210061 and 2107010081).
Latham & Watkins adds videogames, software, telecom and other IP expert Anthony Sammi from Skadden as partner, Litigation & Trial Department and global vice chair, Intellectual Property Litigation Practice ... Alteryx taps David Colberg, ex-Palo Alto Networks, as vice president-global government affairs and public policy ... Hired by SAP: Emily Coyle, ex-Ernst & Young, joins the software maker as senior director-U.S. government affairs and head-U.S. cybersecurity and privacy policy ... Blockchain Association taps CTA's Curtis Kincaid as director-communications.
House Commerce Committee Republicans released Wednesday 32 discussion drafts aimed at holding “Big Tech accountable by improving transparency and content moderation accountability, reforming” Communications Decency Act Section 230, “promoting competition, and preventing illegal and harmful activity.” Committee Republicans want “Big Tech to be transparent, uphold American values for free speech, and stop their abuse of power that is harming our children,” said ranking member Cathy McMorris Rodgers of Washington. The drafts include one from McMorris Rodgers and House Judiciary Committee ranking member Jim Jordan, R-Ohio, to amend Section 230 to “remove liability protections for companies who censor constitutionally protected speech on their platforms, require appeals processes, and transparency for content enforcement decisions.” Jordan in June previewed plans for the legislation in response to House Judiciary advancement of Big Tech competition measures he saw as a bid at pursuing “radical” antitrust policy (see 2106240071). House Communications Subcommittee ranking member Bob Latta, R-Ohio, proposes amending 230 “to remove liability protections from companies that act as Bad Samaritans and knowingly promote, solicit, or facilitate illegal activity.” Former House Commerce Chairman Fred Upton, R-Mich., seeks to remove liability protections for actions the FTC takes against a company. Rep. Dan Crenshaw, R-Texas, proposes barring companies from blocking or preventing access to lawful content, along with degrading or impairing access. Rep. Billy Long, R-Mo., wants to require companies disclose how they develop their content moderation policies. Additional content moderation measures target revenge porn, child porn and doxxing. A bid by Rep. Markwayne Mullin of Oklahoma would require edge providers contribute to USF. Senate Commerce Committee ranking member Roger Wicker of Mississippi and other committee Republicans propose the FCC explore such a requirement (see 2107210067).