Court case

Developments in telecommunications policy being made in the legal system.

The Internet and the First Amendment

How should we balance freedom of speech with the flood of slanderous statements, extremist manifestoes and conspiracy theories that proliferate on the internet? The United States decided decades ago to let private companies solve that quandary themselves. The Supreme Court made this position official in three major rulings in the 1990s and early 2000s. But lawmakers aren’t sure about this arrangement, now that giant online platforms are the new town square. A series of federal court cases will address these questions. Courts have faced six broad questions about online speech:

ISPs seek halt of net neutrality rules before they take effect

As expected, broadband industry lobby groups have sued the Federal Communications Commission in an attempt to nullify net neutrality rules that prohibit blocking, throttling, and paid prioritization. Lobby groups representing cable, telecom, and mobile Internet service providers sued the FCC in several US appeals courts.

Broadband Providers Battle FCC Over New Data Breach Rules

Broadband industry groups are asking a federal appeals court to scuttle the Federal Communications Commission's new disclosure obligations on telecommunications companies that suffer data breaches. The agency specifically required companies to notify consumers, federal law enforcement agencies and the agency about all breaches—even “inadvertent” ones—that expose personally identifiable information, including sensitive financial information. The broadband lobbying groups argue that Congress stripped the FCC of authority to issue the new regulations.

AT&T paid bribes to get two major pieces of legislation passed, US government says

The US government has provided more detail on how a former AT&T executive allegedly bribed a powerful state lawmaker's ally in order to obtain legislation favorable to AT&T's business. Former AT&T Illinois President Paul La Schiazza is set to go on trial in September 2024 after being indicted on charges of conspiracy to unlawfully influence then-Illinois House Speaker Michael Madigan (D).

Google suing Canadian Radio-television and Telecommunications Commission to have YouTube video ad revenue exempted from regulatory fees

Google is taking Canada's broadcasting regulator to court, arguing "significant" revenue it earns from advertisements on YouTube videos shouldn't be considered when it comes to the regulatory fees it owes the Canadian Radio-television and Telecommunications Commission (CRTC). In an application filed in the Federal Court of Canada on April 24, Google says those revenues come from user-generated content, which it argues should be excluded from fee calculations because of exemptions in the Broadcasting Act. But the tech giant says that after submitting a form to the regulator which outlined it

Meta Seeks Do-Over In Battle With Advertisers Over Inflated Metrics

Meta Platforms is urging a federal appellate court to reconsider a recent 2-1 decision allowing Facebook and Instagram advertisers to proceed with a class-action fraud lawsuit over inflated metrics.

TikTok files court challenge to US law that could lead to ban

TikTok and its parent company ByteDance challenged the US government in a legal filing on May 7 over a new law forcing the sale or ban of the social media giant, igniting a high-stakes court battle in Washington that could prove to be an existential fight for one of the world’s most popular apps. President Biden signed a law in April demanding that China-based ByteDance sell TikTok within a year or be banned across the United States, arguing that the Chinese government c

Second Circuit revives New York affordable broadband plan for low-income families

Overturning a federal judge’s injunction, the Second Circuit on April 26, 2024 revived a New York state law that sought to provide discounted broadband internet to low-income families.

Benton Institute Cheers Broadband Affordability Win in New York

This decision upholds an important tool for broadband deployment as well as an important principle. Low-income Americans need broadband just as much as all other consumers. Broadband gives all of us access to education, healthcare, government services, employment opportunities, and the information necessary to participate in civic discourse and to vote wisely. Today’s decision holds that FCC regulations do not interfere with the states’ ability to ensure that their residents have affordable access.

Sen Cruz Leads Amicus Brief Opposing Biden’s Effort to Subsidize TikTok on School Buses

Sen Ted Cruz (R-TX) led his colleagues in filing an amicus brief opposing the Biden administration’s recent decision to expand the Federal Communication Commission’s (FCC) E-Rate program to fund Wi-Fi on school buses. The Fifth Circuit lawsuit, Molak v.