Upcoming policy issue

National organizations representing municipalities are rebelling against Federal Communications Commissioner Brendan Carr’s plan to streamline the deployment of the 5G wireless infrastructure known as small cells. The proposal, set for a Sept. 26 vote, would preempt local government authority, a measure of run-around that wireless giants like AT&T and Verizon say may be necessary for 5G deployment given delays they face at the local level.

Our upcoming hearings provide an important opportunity for the Federal Trade Commission to reflect on ways to increase the effectiveness of our enforcement of the antitrust laws.

Attorney General Jeff Sessions plans to meet with state attorneys general in Sept 2018 to discuss whether tech companies may be “intentionally stifling the free exchange of ideas.” The meeting will also consider whether tech platforms “may have harmed competition” with their actions, a hint that the Justice Department may be weighing antitrust action against the firms. Legal experts said the agency's announcement “clearly suggests” a willingness to intervene on behalf of conservative critics who say they are victims of discrimination by the companies. The Justice Department’s statement:

Antitrust crusaders have built up serious momentum in Washington, making a strong case that big companies (especially big tech companies) are distorting the market to drive out competitors. We need a new standard for monopolies, they argue, one that focuses less on consumer harm and more on the skewed incentives produced by a company the size of Facebook or Google. Here's the case against four of the movement’s biggest targets, and what they might look like if they came out on the losing end. 

Securus provides technology services to prisons and jails and has been slammed by inmates’ families who say they’re charged outrageous prices to phone loved ones. The controversy has extended into video call and email services, two other places the company has staked a claim. In October, the company was hit with a $1.7 million fine for allegedly misleading the Federal Communications Commission.

Most critiques of the nomination of Judge Brett Kavanaugh, President Donald Trump’s nominee to replace Justice Anthony Kennedy on the Supreme Court, focus on his positions on a woman’s right to choose, his extreme deference to presidential power, or his views on sensible gun laws.

With new attacks by President Donald Trump, high-stakes testimony Sept 5 on Capitol Hill, and a midterm election vulnerable to online manipulation, tech’s giants are bracing themselves for two months after Labor Day that could decide whether and how much the government regulates them. The companies — led by Facebook and Google but with Twitter, Apple, and Amazon also in the mix — are caught in a partisan vise, between privacy-oriented critics on the left who fear further election interference and newer charges from the right of anti-conservative bias and censorship.

Lobbying groups and trade associations, including several representing the tech industry, are pushing for a litany of deep changes to California's new data protection law that they say would make the law easier to implement before it goes into effect in January 2020. But privacy advocates worry that pressure from powerful businesses could end up gutting the law completely. "This is their job: to try to make this thing absolutely meaningless.

While President Donald Trump has few direct ways of going after Google, his administration and allies in Congress could find ways to make life difficult for the company. Antitrust officials at the Justice Department or Federal Trade Commission, for example, could investigate whether the search giant is abusing its market dominance. Trump's Republican allies in Congress could subject the company to more unpleasant, high-profile hearings.

Tech companies long averse to regulation are starting to embrace the idea of federal data privacy rules as they nervously eye foreign governments' moves toward more tightly regulating their expansive businesses. It's too late for tech to escape sweeping new privacy rules like Europe's General Data Protection Regulation. But clear rules from the US could serve as a global standard as countries around the world look to impose or tighten privacy laws.  As it stands, Europe's first-mover regulations are already resonating globally.