Expect the Senate Commerce Committee to question the FTC on how it's responding to President Donald Trump’s social media executive order (see 2007280053) when commissioners testify Wednesday, senators said in interviews. Brian Schatz, D-Hawaii, said he’s more concerned about political influence at the FCC. A day earlier, Trump withdrew the renomination of Commissioner Michael O’Rielly (see 2008030072).
Section 230
President Donald Trump’s withdrawal of renomination of FCC Commissioner Mike O’Rielly (see 2008030072) is getting considerable scrutiny on Capitol Hill and within the communications industry. Some officials suggested Trump’s action will have repercussions for commission politics and policymaking heading into 2021. O’Rielly’s removal will likely make it very difficult for the Senate to confirm a nominee this year to replace him, given the limited amount of time left on the legislative calendar before this Congress ends, lawmakers and lobbyists said in interviews through Tuesday.
The FCC seeks comment on NTIA’s petition asking for rules clarifying Communications Decency Act Section 230 (see 2007280053), Chairman Ajit Pai announced Monday. “Longstanding rules require the agency to put such petitions out for public comment ‘promptly,’ and we will follow that requirement here,” he said. “I strongly disagree with those who demand that we ignore the law and deny the public and all stakeholders the opportunity to weigh in on this important issue.” The agency should welcome “vigorous debate,” not curtail it, he said: “The American people deserve to have a say." The "feedback" is "over the next 45 days." Commissioner Geoffrey Starks suggested Congress is the proper venue: “I’m sure this Public Notice will generate a spirited discussion. Perhaps when comments are in we can package up the whole docket and send it over to Congress -- where this debate belongs.”
President Donald Trump withdrew his renomination of FCC Commissioner Mike O’Rielly to another term, the White House announced Monday (see 2008030072). The Trump administration and O’Rielly’s office didn’t comment. The agency declined to comment.
If presumptive Democratic presidential nominee Joe Biden wins the November election, there’s a danger “you’ll see the heavy-handedness of government” make a resurgence and stifle tech sector innovation, posing a risk the U.S. bid to dominate 5G development, House Communications Subcommittee ranking member Bob Latta, R-Ohio, said on C-SPAN’s The Communicators set to be televised this weekend. The U.S. needs to prevail in the 5G race against China and Russia, but tech sector officials have repeatedly told lawmakers that can happen only if the federal government continues to emphasize “soft-touch regulation,” as it has over the course of President Donald Trump’s administration, Latta said. He noted the importance of ensuring cybersecurity “is a major priority” given national security threats posed by Chinese equipment makers Huawei and ZTE and concerns about TikTok. Latta said consensus on appropriations via infrastructure legislation for broadband funding requires buy-in from both parties. The lawmaker pointed to an amended version of the 5G Spectrum Act (S-2881) as a potential compromise. The measure, which the Senate Commerce Committee cleared in December, would allocate 10% of proceeds from the FCC’s upcoming auction of spectrum on the 3.7-4.2 GHz C band for broadband (see 1912110038). Latta believes it’s going to be tougher to include broadband money in the next COVID-19 aid bill given other priorities. A final bill is likely to be a “much more scaled-down piece of legislation,” he said. Senate Republican proposals for the next aid legislation include few telecom and tech provisions (see 2007280059). Latta believes compromise and bipartisanship are required to advance any legislation to revamp Communications Decency Act Section 230. NTIA petitioned the FCC earlier this week to clarify Section 230, as President Donald Trump directed (see 2007270070).
Amid talk of federal regulation of social media platforms' editorial privileges, FCC Commissioner Mike O'Rielly called it "First Amendment gibberish" to argue such regulation is pro-free speech. He spoke to the Media Institute Wednesday, also seeking less regulation of other industries and to get localities out of cable franchising. The social media regulatory step would curtail free speech through government action, he said in prepared and actual remarks.
Legislators so far are reacting along party lines to NTIA’s petition (see 2007270070) that the FCC help crack down on social media. Even GOP lawmakers who were somewhat supportive cautioned regulators not to run afoul of the First Amendment.
DOJ Antitrust Division chief Makan Delrahim promotes Taylor Owings to division acting chief of staff and senior counsel, succeeding outgoing COS William Rinner, who's senior counsel until planned departure from the department "in the coming months" ... Verizon Public Sector names Jennifer Chronis, ex-Amazon Web Services, to lead Federal business; Michael Maiorana, Verizon Federal lead, leaving the business effective Dec. 31 ... Corning taps Chief Legal and Administrative Officer Lewis Steverson to lead new Office of Racial Equality and Social Unity, tasked with building diversity “within the walls of Corning” and in its “communities.”
Section 230 of the Communications Decency Act isn’t the blanket immunity opponents claim, the Internet Association reported Monday, analyzing the liability shield. Examining 516 court decisions in the past 20 years, IA said the liability shield was “the primary basis for a court’s ruling in 42 percent of decisions.” Defamation is the most common claim brought under 230, IA said, saying 43% involved such a claim. IA urged Congress to complete a review of 230-related cases before considering legislation.
NTIA filed the eagerly awaited petition to the FCC to clarify Communications Decency Act Section 230, as instructed by President Donald Trump's executive order. The changes would say when certain industry actions such as by social media platforms wouldn't be exempted under the liability safe harbor. The administration now also asked "to impose disclosure requirements similar those imposed on other internet companies, such as major broadband service providers, to promote free and open debate on the internet."