Brookings

The United States Senate Committee on Intelligence convened on Sept 5 to review the practices of internet platform companies, especially as they relate to protecting against any further election interference. What was notable was who refused to participate: the alpha dog of the internet—Google. Instead of an open back-and-forth that would educate both the senators and the public, Google determined that written testimony from their general counsel was sufficient.

[Commentary] Nothing immediately changed as a result of the decision by hundreds of newspapers across the country to run simultaneous, but independent, editorials defending freedom of the press and deploring President Donald Trump’s identification of the media as an enemy of the American people. Still, the newspapers’ action is a significant event. Depending on what happens in the next few years, it might even prove historic—for two reasons. First, the action is collective; second, it is institutional.

Sinclair Broadcasting has a right to establish that that they did not engage in “misrepresentations and/or lack of candor”—an assertion by the Federal Communications Commission—in matters related to its $3.9 billion acquisition of Tribune Media. The FCC has designated the matter for an administrative hearing before an administrative law judge. That hearing must go forward. The character of the licensee is an important component in determining whether the party is a fit trustee for the public’s airwaves.

As our economy becomes increasingly digitized, more transactions are moving online and outside of local tax jurisdictions, costing states billions in lost sales tax revenue. The recent Supreme Court decision in South Dakota v. Wayfair has opened the door for states to collect sales tax on online purchases made at out-of-state businesses. Applying state taxes on interstate commerce could not only recover lost revenues, but also make national e-commerce companies more invested in state government.

It is heartening to see the Federal Communications Commission’s unanimous decision to designate the $3.9 billion Sinclair Broadcasting acquisition of Tribune Media for administrative review. Although unaccustomed to praising the Trump FCC, I believe this is an excellent decision. What happens next is worrisome, however, especially since President Donald Trump decided to tweet about the FCC’s decision. The tweet would seem to signal to Sinclair not to withdraw the transaction (a typical reaction to a designation for a hearing).

Our 5G deployment process is slowed by outdated regulatory processes, spectrum scarcity, and local bureaucracy related to building local towers and other infrastructure. The US faces unique challenges associated with the deployment of small cells, which are antennae the size of a pizza box that enable 5G’s signal strength and resiliency. Deployment delays also result from approval times on small cell applications, permitting, and zoning processes at the local level.

Recent congressional hearings and data breaches have prompted more legislators and business leaders to say the time for broad federal privacy legislation has come. Cameron Kerry presents the case for adoption of a baseline framework to protect consumer privacy in the US. Kerry explores a growing gap between existing laws and an information Big Bang that is eroding trust. He suggests that recent privacy bills have not been ambitious enough, and points to the Obama administration’s Consumer Privacy Bill of Rights as a blueprint for future legislation.

The Antitrust Division of the Justice Department appears to have put its thumb on the scale in the ongoing battle between the Walt Disney Company and Comcast over the assets of 21st Century Fox. On June 27, the division approved the transfer to Disney (with conditions) despite the fact Comcast was still bidding. Disney had previously argued to the Fox board of directors that their merger faced less regulatory risk than Comcast’s. The Disney-Fox combination would produce a larger horizontally-integrated company and one that would typically pose the greater risk.