Developments in telecommunications policy being made in the legal system.
Court case
Joint Statement on USF Contribution Decision
Today’s decision is a victory for the many rural and urban consumers and anchor institutions across the country who rely on the services supported by the federal Universal Service Fund. The USF has been, and continues to be, a critical tool to narrow the digital divide and help address connectivity gaps. The court’s ruling affirms that Congress’ directive to the FCC—over 25 years ago—to collect contributions in support of this vital Fund is constitutional. Other courts considering similar challenges should reach the same conclusion.
Comcast's Legal Battle With Key ‘10G’ Tech Vendor Gets Even More Interesting
Comcast's complex legal battle with one of the technology vendors behind its current “10G” network upgrade has heated up, with California-based chipmaker MaxLinear countersuing the cable operator. MaxLinear claims in a December 1 New York federal court filing that Comcast stole trade secrets associated with Full Duplex DOCSIS 4.0 technology.
Google Loses Antitrust Court Battle With Makers of Fortnite Video Game
A jury ruled that Google violated antitrust laws to extract fees and limit competition from Epic Games and other developers on its Play mobile app store, in a case that could rewrite the rules on how thousands of businesses make money on Google’s smartphone operating system, Android. After deliberating for a little more than three hours, the nine-person federal jury sided with Epic Games on all 11 questions in a monthlong trial that was the latest turn in a three-year legal battle.
Copyright law will shape how we use generative AI
In the year since the release of ChatGPT, generative Artificial Intelligence (AI) has been moving fast and breaking things, and copyright law is only beginning to catch up. Intellectual property law has shaped the internet for three decades.
US stops helping Big Tech spot foreign meddling amid GOP legal threats
The US federal government has stopped warning some social networks about foreign disinformation campaigns on their platforms, reversing a years-long approach to preventing Russia and other actors from interfering in American politics less than a year before the US presidential elections. Meta no longer receives notifications of global influence campaigns from the Biden administration, halting a prolonged partnership between the federal government and the world’s largest social media company.
The Seven Broadband Gaps
Where are we in terms of closing the seven gaps that we think of, or should think of, as the elements of the digital divide? The seven gaps are the rural access gap, the affordability gap, the operating gap of very high-cost rural providers, the adoption gap, the institutional gap, the cable/copper gap, and the utilization gap. We could be using the network to improve outcomes in education, health care, government services, public safety, carbon reduction, civic engagement, and other public purposes. But to do achieve those goals, we need to close all seven broadband gaps.
Google, Meta, TikTok defeat Austria’s plan to combat hate speech
The Court of Justice of the European Union (CJEU) ruled that Austria cannot force Google, Meta, and TikTok to pay millions in fines if they fail to delete hate speech from their popular social media platforms. Austria had attempted to hold platforms accountable for hate speech and other illegal content after passing a law in 2021 requiring tech giants to publish reports as often as every six months detailing content takedowns.
T-Mobile faces private antitrust lawsuit over Sprint merger
US District Judge Thomas Durkin in Chicago ruled a lawsuit filed by customers of AT&T and Verizon over T-Mobile’s acquisition of Sprint may proceed because the plaintiffs “plausibly” argued that higher prices “flowed directly” from the $26 billion merger. The proposed class action was filed in 2022 and seeks a range of penalties, including undoing the merger of Sprint and T-Mobile. The class-action suit was filed by seven AT&T and Verizon subscribers on behalf of millions of customers who were affected.
The Best of Times or the Worst of Times: Which Will It Be?
Charles Dickens opened A Tale of Two Cities writing that “It was the best of times, it was worst of times”. Therein may lie some helpful context for understanding where our country finds itself today. I don’t propose to cover the entire issues waterfront in this brief piece, but will instead focus on a few of the things I see dragging our country and our government down today. For the purposes of this essay, I will include telecommunications and media, Congress, and the courts. To start off on the positive, there’s some really good news at the Federal Communications Commission (FCC).
Google’s 2019 ‘Code Yellow’ Blurred Line Between Search, Ads
The former head of search at Google told colleagues in February 2019 that his team was “getting too involved with ads for the good of the product and company,” according to emails shown at the Justice Department’s landmark antitrust trial against the company. Google maintains a firewall between its ads and search teams so that its engineers can innovate on Google’s search engine, unsullied by the influence of the team whose goal is to maximize advertising revenue.