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.
Section 230
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."
The FTC received at least two complaints through July 13 in response to President Donald Trump’s May 28 social media executive order (see 2007100052). The filings, which we obtained through a Freedom of Information Act request, allege “deception/misrepresentation” by Facebook and Twitter.
FCC Commissioner Mike O’Rielly would "give due consideration to a stay” of the order approving Ligado’s L-band plan “if such an item is circulated by” Chairman Ajit Pai, he told Senate Commerce Committee members in response to follow-up questions from his recent reconfirmation hearing. O’Rielly defended the FCC’s approval of the Ligado plan during that hearing (see 2006160062). The committee posted O’Rielly’s responses Monday. Senate Commerce votes Wednesday whether to advance O’Rielly’s renomination to a term ending in 2024. The meeting begins at 9:45 a.m. in G50 Dirksen.
The Senate Communications Subcommittee set a hearing on Section 230 of the Communications Decency Act at 10 a.m. July 28 in 106 Dirksen, it announced Tuesday. Morgan Lewis counsel Chris Cox, who co-authored the law, will testify, along with U.S. Naval Academy assistant professor Jeff Kosseff, Fordham University law professor Olivier Sylvain and Internet Association Deputy General Counsel Elizabeth Banker.
Political pressure in executive orders won’t sway the FTC, Chairman Joe Simons wrote June 29 to Sen. Richard Blumenthal, D-Conn., and Rep. Jan Schakowsky, D-Ill. Blumenthal and Schakowsky wrote Simons June 15 with concerns about political influence from President Donald Trump’s EO (see 2005280060) directing the FTC to police unfair and deceptive practices involving online platforms’ content moderation practices, with language targeting Section 230 of the Communications Decency Act. We received the correspondence via a Freedom of Information Act request to the trade commission.
Sen. Ron Wyden remains opposed to the Earn It Act because it threatens free speech and security, his spokesperson told us Tuesday when asked if the Oregon Democrat plans to place a hold on the bill (see 2007070060). The spokesperson emailed that the bill won’t do anything to “stop the monsters who produce and spread” child sexual abuse material (CSAM) and “threatens the security and free speech of every American.” Wyden’s Invest in Child Safety Act (S-3629) (see 2007010072) would “provide resources to help protect children from becoming victims and to catch the predators responsible,” his office said.
The House Appropriations Financial Services Subcommittee approved by voice vote Wednesday major funding increases for the FCC and FTC for FY 2021. The bill includes $60 billion in broadband infrastructure grants and money to implement the Secure and Trusted Communications Networks Act (HR-4998) and Broadband Deployment Accuracy and Technological Availability Act broadband mapping law (S-1822). Riders on other telecom policy issues may make an appearance once the full committee marks up the measure, lawmakers and lobbyists told us.
The wide spectrum of groups against the Earn It Act shows it’s an ill-conceived bill that will repeat the same mistakes as anti-sex trafficking legislation passed in 2018, said representatives from progressive, conservative, industry and academic groups, in interviews. A child advocate noted the wide-ranging support from victims’ rights organizations.