Digital Discrimination Heads to Court
Digital Discrimination Heads to Court
Plus in-space manufacturing, AI & Section 230, net neutrality, and more…
Discrimination: Corbin filed an amicus brief at the Eighth Circuit supporting a challenge to the FCC’s new disparate-impact digital discrimination rules. The filing was also covered by the Taxpayers Protection Alliance.
Space: Jim filed comments with the FCC that questioned the Commission’s statutory authority and practical expertise to regulate In-Space Servicing, Assembly, and Manufacturing (ISAM), noting that the FCC is a communications commission, and not a general-purpose space regulation commission.
AI and Section 230: Andy and Berin filed comments with the FTC in its impersonation rulemaking, arguing that the Commission’s proposed knowledge standard for aiding and abetting liability would strangle AI development and short circuit the ongoing legal debate on the application of Section 230 to AI.
Competition: Brazil’s Ministry of Finance requested, and Bilal submitted, comments that repeated his earlier presentation to the Brazilian Congress on the economic and competition regulation of online platforms in Brazil.
TikTok: This week, Ari did a fireside chat with CFRA's Washington Analysis about the First Amendment implications of last month’s law banning TikTok. For a refresher on the subject, checkout Corbin’s previous Tech Policy Podcast episode.
Net Neutrality: MediaPost (paywall) and RBR+TVBR both quoted Berin on net neutrality: “It’s been seven years since the FCC repealed the 2015 net neutrality rules, yet the Internet is no less open, innovative, or free than ever…” If more really is needed, “this is a matter for Congress to decide.”
Non-Competes: RBR+TVBR (paywall) quoted Berin on the newly adopted FTC rule banning non-compete agreements: “No one can seriously expect this Supreme Court to uphold the FTC’s interpretation” of the FTC Act as authorizing rules defining unfair methods of competition.
The FCC can’t write its own Communications Act!