Digital Content

Information that is published or distributed in a digital form, including text, data, sound recordings, photographs and images, motion pictures, and software.

FTC Raises AI-related Competition and Consumer Protection Issues

In a comment submitted to the US Copyright Office, the Federal Trade Commission identified several issues raised by the development and deployment of Artificial Intelligence (AI) that implicate competition and consumer protection policy, noting the FTC’s role in monitoring the impact of generative AI and vigorously enforcing the law as appropriate to protect competition and consumers. The comment explains that the FTC has an interest in copyright-related issues beyond questions about the scope of rights and the extent of liability under the copyright laws.

Carriers Look to Offer Fast-Lane Access on 5G Networks

Network carriers are exploring nascent technology that would allow them to better and more quickly deliver certain apps and services on their network—but this technology, known as network slicing, could potentially run afoul of net-neutrality regulations. In the current model, all data traffic from phones is typically funneled through the same network. Carriers are able to prioritize the voice calls that they handle on that network, but they rarely have visibility into what else users are doing through other apps.

Consumer Financial Protections Bureau Proposes New Federal Oversight of Big Tech Companies and Other Providers of Digital Wallets and Payment Apps

The Consumer Financial Protection Bureau (CFPB) is proposing to supervise larger nonbank companies that offer services like digital wallets and payment apps. Digital payment apps and wallets continue to grow in popularity, but many of the companies are not subject to CFPB supervisory examinations. Big Tech and other companies operating in consumer finance markets blur the traditional lines that have separated banking and payments from commercial activities.

AI Regulation is Not a Priority for Americans, According to Axios and Morning Consult

Americans rank the importance of regulating AI below government shutdowns, health care, gun reform, immigration and the war between Israel and Hamas, according to 

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.

Don’t be fooled: Net neutrality is about more than just blocking and throttling

On October 19, the Federal Communications Commission (FCC) voted 3-2 to issue a Notice of Proposed Rulemaking (NPRM) to reinstate the agency’s 2015 decision that brought internet service providers (ISPs) under the agency’s jurisdiction as Telecommunications Carriers. This action is necessary because the Trump FCC repealed the previous rule in 2018 at the request of the ISPs.

President Biden Issues Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence

President Biden issued a landmark Executive Order to ensure that America leads the way in seizing the promise and managing the risks of artificial intelligence (AI). The Executive Order establishes new standards for AI safety and security, protects Americans’ privacy, advances equity and civil rights, stands up for consumers and workers, promotes innovation and competition, advances American leadership around the world, and more. The Executive Order directs the following actions:

Finally, some rules for the internet

Net neutrality has become the Washington equivalent of a Hollywood franchise: As if the sequel to the sequel weren’t enough, another installment of the debate over rules for the internet’s roads arrived this month. This time, however, there’s a plot twist. What, exactly, net neutrality rules look like matters less than that there are meaningful rules for broadband more generally.

Ofcom revises its guidance on how ‘net neutrality’ rules should apply in the UK

The United Kingdom's current net neutrality rules are set out in legislation. Any changes to the rules in future would be a matter for Government and Parliament. Ofcom is responsible for monitoring and ensuring compliance with the rules and providing guidance on how ISPs should follow them. In 2021 Ofcom started a review of net neutrality. The review has found that, in general, it has worked well and supported consumer choice as well as enabling content providers to deliver their content and services to consumers.

States Sue Meta Alleging Harm to Young People on Instagram, Facebook

A coalition of 41 states and Washington (DC) are filing lawsuits alleging that Meta Platforms has intentionally built its products with addictive features that harm young users of its Facebook and Instagram services. The lawsuits, in federal and state courts, say Meta misled the public about the dangers of its platforms for young people. The states also allege that Meta knowingly has marketed its products to users under the age of 13, who are barred from the platform by both Meta’s policies and federal law.