Court case

The U.S. Court of Appeals for the 6th Circuit joined the 5th Circuit in rejecting an attack on the constitutionality of the Federal Communications Commission’s Universal Service Fund (USF). The  USF is a critical means of reducing the cost of broadband and other telecommunications services for schools, hospitals and libraries, for low-income consumers, and for residents of rural America. The Benton Institute for Broadband & Society, MediaJustice, and the National Digital Inclusion Alliance are intervenors supporting the FCC in this case.

The Supreme Court will consider whether the First Amendment prohibits a public official from blocking constituents from personal social media accounts when those accounts are used to communicate with the public. The court took two cases for the term that begins in October 2023 to decide a digital-age issue that has been active in lower courts.

FCC Commissioner Geoffrey Starks said, “I’m pleased that the Fifth Circuit agreed with what I and many others—including bipartisan members of Congress—have said about the Universal Service Fund. It is constitutional, both in concept and implementation. The Universal Service Fund continues to connect rural communities, schools, libraries, healthcare providers, and low-income households all across the country.

Coming from one of the more conservative courts in the country, this decision is a ringing ratification of the system Congress established to ensure that all Americans have affordable access to telecommunications service and advanced services like broadband. This should not come as a surprise, but once the USF was subjected to a legal challenge, the Benton Institute for Broadband & Society joined with public allies to defend this critical mechanism for ensuring universal broadband.

The 5th Circuit U.S. Court of Appeals upheld the decades-old funding mechanisms governing Federal Communications Commission subsidies, a decision that assures the delivery of billions of dollars in broadband aid across a variety of government programs. The FCC, for more than a quarter-century, has operated this pot of subsidies known as the Universal Service Fund, amounting to roughly $9 billion annually.

The images appeared on Twitter in late 2016 just as the presidential campaign was entering its final stretch. Some featured the message “vote for Hillary” and the phrases “avoid the line” and “vote from home.” Aimed at Democratic voters, and sometimes singling out Black people, the messages were actually intended to help Donald Trump, not Hillary Clinton. The goal, federal prosecutors said, was to suppress votes for Clinton by persuading her supporters to falsely believe they could cast presidential ballots by text message.

On March 20, US District Judge John Koeltl in Manhattan will weigh pleas by four major book publishers to stop an online lending library from freely offering digital copies of books, in a case that raises novel questions about digital-library rights and the reach of copyright law that protects the work of writers and publishers. Nonprofit organization Internet Archive created the digital books, building its collection by scanning physical book copies in its possession.

A Q&A with Dina Srinivasan, who, in February 2019 as an independent scholar, published an academic paper entitled ‘The Antitrust Case Against Facebook’, in which she identified a correlation between privacy and economics — and argued that the social media giant lowered its privacy standards as soon as it had defeated its rivals.

The Universal Service Fund is funded  by a quarterly surcharge on interstate and international telecommunications revenue. Each quarter, a private nonprofit known as the Universal Service Administrative Company (USAC) estimates how much money it needs to fund the Federal Communications Commission’s (FCC) myriad universal service initiatives. It also estimates the amount of telecommunications revenue expected to be generated by industry, and from there calculates the surcharge percentage necessary to cover program costs.