Court case

Developments in telecommunications policy being made in the legal system.

13 Russians Indicted by Special Counsel in First Charges on 2016 Election Interference

The special counsel investigating Russia’s interference in the 2016 presidential election charged 13 Russian nationals and three Russian organizations owith illegally using social media platforms to sow political discord, including actions that supported the presidential candidacy of Donald Trump and disparaged his opponent, Hillary Clinton. In a 37-page indictment filed in United States District Court, Mueller said that the 13 individuals have conspired since 2014 to violate laws that prohibit foreigners from spending money to inf

Facebook loses Belgian privacy case, faces fine up to $125 million

A Belgian court threatened Facebook with a fine of up to 100 million euros ($125 million) if it continued to break privacy laws by tracking people on third party websites.  In a case brought by Belgium’s privacy watchdog, the court also ruled on Feb 16 that Facebook had to delete all data it had gathered illegally on Belgian citizens, including people who were not Facebook users themselves.

AT&T Is Said to Want Antitrust Official on Witness List for Trial

AT&T is seeking to put the head of the Justice Department’s Antitrust Division on its witness list in a trial over the government’s decision to block the phone giant’s $85 billion merger with Time Warner. The company is requesting that the antitrust chief, Makan Delrahim, testify in the trial, which is scheduled to begin March 19. AT&T has also asked for internal communications between the Delrahim’s office and Attorney General Jeff Sessions, according to two people with knowledge about company’s demands.

FCC Seeks to Dismiss Petitions for Review of Restoring Internet Freedom Order

The Federal Communications Commission filed three motions with the District of Columbia, First, and Ninth Circuit Courts on February 9, 2018, seeking to dismiss petitions for review of the Restoring Internet Freedom Order filed by New America Foundation’s Open Technology Institute (and consolidated cases), the County of Santa Clara, et al. and Free Press. The FCC asserted the petitions are premature because the Order results from a rulemaking proceeding and a summary of the Order and the text of the amended rules have not yet been published in the Federal Register.

Third Circuit Denies Prometheus Petition on FCC Broadcast Deregulation

The US Court of Appeals for the Third Circuit has denied a petition from Prometheus Radio Project that it effectively stay the Federal Communications Commission's November vote to deregulate local broadcast ownership.  The court suggested the jury was still out on the FCC's response to the court's direction on ownership diversity and that Prometheus did not make a case for direct action from the court.

FCC to Court: We Gauged Deregulation Impact on Diversity

The Federal Communications Commission told the US Court of Appeals for the Third Circuit that it did consider the impact of its broadcast local ownership deregulation on minority and female ownership and that that consideration and its adoption of a definition of eligible entity meets that court's mandate. "[T]he Commission carefully analyzed whether each of its rule changes would have a “material impact on minority and female ownership," said the FCC's legal team. The FCC told the court it could consider the arguments for or against the rule change in the regular order of challenges to tho

NAB, Sinclair Defend FCC Deregulation to Court

The National Association of Broadcasters and Sinclair have asked a federal court to allow them to weigh in on the request from critics of the Federal Communications Commission's broadcast deregulatory decision that the court block that deregulation.

Third Circuit Asked to Delay Implementation of Media Ownership Rules

The deregulatory changes the Federal Communications Commission recently adopted to its media ownership rules are due to take effect on Feb. 7. Prometheus Radio Project and Media Mobilizing Project, however, have filed an appeal of those rule changes in the U.S. Court of Appeals for the Third Circuit and, as expected, have now asked the Court to delay the FCC’s implementation of those changes.

FCC Has Until Feb. 2 to Answer Third Circuit

The US Court of Appeals for the Third Circuit told the Federal Communications Commission to respond to a request that the court stay implementation of the FCC's December media regulation rule rollback. In a petition for an emergency writ of mandamus, Prometheus Radio Project and Media Mobilizing Project had asked the court to block the Feb.

European Court of Justice backs Facebook in Austrian privacy lawsuit

Facebook has won the backing of European Union courts after the European Court of Justice dismissed a potential class action lawsuit from Austrian privacy activist Max Schrems.  The EU’s highest court ruled that Schrems — a dogged campaigner against Facebook’s handling of users’ personal data — could not bring a consumer lawsuit on behalf of 25,000 Facebook users for alleged privacy breaches. Instead, the ECJ said Schrems could only file an individual case against Facebook for allegedly illegally handling data relating to his personal Facebook account in Austria.