Platforms

The Federal Communications Commission could look very different next year, even if President Donald Trump is reelected. If President Trump wins a second term, industry observers believe the agency will push ahead with the administration's desire to reform a prized legal shield for content moderation on online platforms and remain focused on expanding rural broadband policies.

A host of companies, are challenging the way Apple runs its App Store. The App Store generates at least $15 billion in annual sales for the tech giant. Critics say Apple takes too big a cut of app makers’ sales and wields monopoly power over the gateway that connects hundreds of millions of users to mobile apps. Apple disputes that characterization, saying that it collects only a portion of sales from a small percentage of the almost 2 million apps available on the App Store and that its practices are in line with competitors’ app marketplaces.

For people who spend a lot of time on TikTok, the last few months have been surreal: a president with no presence on the platform has been agitating to ban it on the basis of national security.

On behalf of the Trump Administration, the Department of Justice sent draft legislation to Congress to reform Section 230 of the Communications Decency Act.  The draft legislative text implements reforms that the Department of Justice deemed necessary in its June Recommendations and follows a yearlong review of the statute.  The legislation also executes President Trump’s directive from the Executive Order on Preventing Online Censorship.

The rapid pace of digital technology means companies can move rapidly to advantage themselves by exploiting consumers and eliminating potential competition. Congress has traditionally created new expert agencies to oversee new technology platforms. Whether the Interstate Commerce Commission (railroads), Federal Communications Commission (broadcasting), Federal Aviation Administration (air transport), Consumer Financial Protection Bureau (finance), or any other of the alphabet agencies, the precedent is clear: new technologies require specialized oversight.

The Department of Justice’s impending lawsuit against Google has narrowed to focus on the company’s power over internet search, a decision that could set off a cascade of separate lawsuits from states in ensuing weeks over the Silicon Valley giant’s dominance in other business segments.

Facebook has said it will take aggressive and exceptional measures to “restrict the circulation of content” on its platform if Nov’s presidential election descends into chaos or violent civic unrest. Nick Clegg, the company’s head of global affairs, said it had drawn up plans for how to handle a range of outcomes, including widespread civic unrest or “the political dilemmas” of having in-person votes counted more rapidly than mail-in ballots, which will play a larger role in this election due to the coronavirus pandemic.

The Trump Administration said it would challenge a federal court ruling Sept 20 that temporarily blocked its attempt to curb the use of Chinese messaging and e-commerce app WeChat in the US. WeChat's ban has had a lower profile than TikTok's, but the fate of the app, widely used by Chinese people around the world to stay in touch with family and friends, is at least as consequential. The ruling suggests that WeChat's fate in the US could be decided not only on grounds of national security and commercial regulations but also around freedom of speech principles.

In 2019, about a year after the California Consumer Privacy Act was passed—but before it had gone into effect— CA State Sen Bob Hertzberg, who by then was majority leader of the CA State Senate, pitched a new idea to CCPA brain-child Alastair Mactaggart. In a total reversal from his earlier stance, Hertzberg urged Mactaggart to bypass the legislative process. Instead, he should fund and draft a new ballot initiative to improve upon the CCPA. And this one wouldn’t be a bargaining chip. It would go all the way to a vote by the people of California.