September 2017

Tronc, the publisher of The Los Angeles Times and The Chicago Tribune, announced Sept 5 that it had acquired The Daily News, the nearly 100-year-old tabloid that for decades set the city’s agenda with its gossip, sports and city coverage. The deal represents the end of an era for The News, which was long a voice for New York’s working class. It may also signal the end of the political influence of its owner, the real estate magnate Mortimer B. Zuckerman, who often used the paper’s bold, front-page headline — known as “the wood” — for commentary about candidates and politicians, locally and nationally.

The paper’s circulation, which exceeded two million a day in the 1940s, is now in the low hundred thousands. And The Chicago Tribune reported that Tronc purchased The News for just $1, plus the assumption of liabilities. But while The News wields less influence than it once did, it still has the power to resonate in the city and beyond. In 2017, the paper and ProPublica shared the Pulitzer Prize for public service for a series on the New York Police Department’s widespread abuse of eviction rules.

Because whether and how to regulate various parts of the Internet supply chain (or, if you prefer, ecosystem), I will try to explain below why common carriage obligations, such as network neutrality, are different from public utility regulation (even though most utility providers are common carriers), which is different from natural monopoly regulated rate of return/tariffing/price regulation. I will briefly explore some of the arguments in favor of applying some sort of public forum doctrine or common carrier obligation to social media platforms, and — because this invariably comes up in telecom space — why platform or other infrastructure providers are not and should not be covered by Title II or the Federal Communications Commission, even if we agree they should have some sort of public forum or even public utility obligations.

Lenovo Inc., one of the world’s largest computer manufacturers, has agreed to settle charges by the Federal Trade Commission and 32 State Attorneys General that the company harmed consumers by pre-loading software on some laptops that compromised security protections in order to deliver ads to consumers. In its complaint, the FTC charged that beginning in August 2014 Lenovo began selling consumer laptops in the United States that came with a preinstalled “man-in-the-middle” software program called VisualDiscovery that interfered with how a user’s browser interacted with websites and created serious security vulnerabilities.

As part of the settlement with the FTC, Lenovo is prohibited from misrepresenting any features of software preloaded on laptops that will inject advertising into consumers’ Internet browsing sessions or transmit sensitive consumer information to third parties. The company must also get consumers’ affirmative consent before pre-installing this type of software. In addition, the company is required for 20 years to implement a comprehensive software security program for most consumer software preloaded on its laptops. The security program will also be subject to third-party audits.