SCOTUS Wisely Declines to Rewrite the Internet
Plus Space, AI, and How Not to Regulate Them
Section 230: Today, we responded to the U.S. Supreme Court’s unanimous rulings in Twitter v. Taamneh and Gonzalez v. Google—related cases that had the potential to upend the Internet and weaken Section 230 protections. Thankfully, the Supreme Court rejected invitations to rewrite Section 230, holding that plaintiffs failed to state a claim and rendering arguments about 230 moot.
Earlier today, Corbin also spoke at the annual BCLT-MLRC Legal Frontiers in Digital Media Conference to discuss Section 230 and these just-issued Supreme Court opinions.
FCC and Space: Jim filed comments in response to the FCC’s NPRM looking to establish rules to allow Supplemental Coverage from Space (SCS) on terrestrial frequencies. He explained why the FCC should be guided by two fundamental concepts: Rewarding Innovation and allowing users to coexist in an Interference-tolerant environment.
FTC: At today’s FTC Open Meeting, Berin (at 1:01) discussed public participation and the need for written reply comments; Andy (at 14:00) tackled the myth that AI is unregulated; Santana (at 22:44) stressed the potential benefits of AI development; and Bilal (at 29:03) recommended a standing Federal Advisory Committee for AI-related matters.
Consumers’ Research v. FCC: Corbin filed an amicus brief with the Sixth Circuit challenging the constitutionality of the Universal Service Administrative Company. As he argued, “By transferring legislative authority to a private entity . . . subdelegation violates Article I of the Constitution.”
Utah: KSL News quoted Ari’s Twitter exchange with Utah Gov. Spencer Cox on the state’s new social media regulations. For more, see our coalition letter and Substack piece on the bills.
Chevron Deference: Corbin’s essay on the doubtful future of Chevron deference was mentioned in this week’s GWU Regulation Digest newsletter.
Yeah, no, I’m not doing that.