The FCC intends to move forward with a rulemaking to clarify the meaning of Communications Decency Act Section 230, Chairman Ajit Pai said Thursday (see 2010150067). He said the FCC’s general counsel told him the agency has the “legal authority to interpret Section 230.” The announcement drew backlash from Democratic commissioners and praise from NTIA and Commissioner Brendan Carr. Republicans on Capitol Hill welcomed a potential rulemaking.

The FCC intends to move forward with a rulemaking to clarify the meaning of Communications Decency Act Section 230, Chairman Ajit Pai said Thursday (see 2010150067). He said the FCC’s general counsel told him the agency has the “legal authority to interpret Section 230.” The announcement drew backlash from Democratic commissioners and praise from NTIA and Commissioner Brendan Carr. Republicans on Capitol Hill welcomed a potential rulemaking.

Twitter’s alleged censoring of a New York Post article on Hunter Biden is “unusual intervention that is not universally applied,” Sen. Josh Hawley, R-Mo., wrote CEO Jack Dorsey Wednesday. "I find this behavior stunning but not surprising from a platform that has censored the President of the United States,” he wrote, saying it raises questions “about the applicability” of Twitter policy. Twitter didn’t comment by our deadline. Hawley also cited Supreme Court Justice Clarence Thomas’ recent statement urging the high court to consider reviewing Communications Decency Act Section 230’s language (see 2010130044), during SCOTUS nominee Amy Coney Barrett’s Wednesday confirmation hearing session. The Senate Judiciary Committee’s hearing on Barrett, which began Monday, hasn’t touched much on telecom and tech issues. Hawley’s Section 230 citation came as a reference in a question about courts’ authority to expand statute. Hawley noted Thomas’ assertion that courts had dramatically rewritten Section 230 in decisions since 1996. Barrett noted she hadn’t ruled on any Section 230 cases but said generally she sees a “danger” in courts substituting their own judgment in place of statutory language, which would subvert “the will of the people.” Hawley said he believes that's what courts have done in the case of Section 230.

The FCC Disability Advisory Committee approved recommendations for best practices for creating high-quality audio description and real-time broadcast news captions Wednesday, at the group’s final meeting -- conducted virtually -- of its current term. An announcement of the roster for the DAC’s next term is expected in a few weeks, said Consumer and Governmental Affairs Attorney Adviser and DAC Deputy Designated Federal Officer Debra Patkin. The DAC’s recommendations for best practices aren’t intended to be the basis for regulations or have any bearing on pending FCC proceedings on captioning, said the resolutions approved Wednesday.

Twitter’s alleged censoring of a New York Post article on Hunter Biden is “unusual intervention that is not universally applied,” Sen. Josh Hawley, R-Mo., wrote CEO Jack Dorsey Wednesday. "I find this behavior stunning but not surprising from a platform that has censored the President of the United States,” he wrote, saying it raises questions “about the applicability” of Twitter policy. Twitter didn’t comment by our deadline. Hawley also cited Supreme Court Justice Clarence Thomas’ recent statement urging the high court to consider reviewing Communications Decency Act Section 230’s language (see 2010130044), during SCOTUS nominee Amy Coney Barrett’s Wednesday confirmation hearing session. The Senate Judiciary Committee’s hearing on Barrett, which began Monday, hasn’t touched much on telecom and tech issues. Hawley’s Section 230 citation came as a reference in a question about courts’ authority to expand statute. Hawley noted Thomas’ assertion that courts had dramatically rewritten Section 230 in decisions since 1996. Barrett noted she hadn’t ruled on any Section 230 cases but said generally she sees a “danger” in courts substituting their own judgment in place of statutory language, which would subvert “the will of the people.” Hawley said he believes that's what courts have done in the case of Section 230.

The FCC doesn’t “really believe” public safety agencies will ever leave the 470-512 MHz T band, despite the 2012 Spectrum Act's mandate, Enterprise Wireless Alliance Regulatory Counsel Elizabeth Sachs told the EWA’s virtual wireless leadership summit Wednesday. Congress “adopted legislation without really understanding what it meant or who was involved or what the impact would be,” said Sachs, of Lukas LaFuria.

Several members of the Senate Commerce and Judiciary committees face tough reelection fights, elections experts told us. Most of the vulnerable lawmakers are Republicans, including Judiciary Committee Chairman Lindsey Graham of South Carolina, Judiciary Intellectual Property Subcommittee Chairman Thom Tillis of North Carolina and Commerce Security Subcommittee Chairman Dan Sullivan of Alaska. Sen. Gary Peters of Michigan is the only Democrat on either committee who faces similarly long odds. The House Commerce and Judiciary panels face far less potential turnover among incumbents seeking to return in the next Congress.

Several members of the Senate Commerce and Judiciary committees face tough reelection fights, elections experts told us. Most of the vulnerable lawmakers are Republicans, including Judiciary Committee Chairman Lindsey Graham of South Carolina, Judiciary Intellectual Property Subcommittee Chairman Thom Tillis of North Carolina and Commerce Security Subcommittee Chairman Dan Sullivan of Alaska. Sen. Gary Peters of Michigan is the only Democrat on either committee who faces similarly long odds. The House Commerce and Judiciary panels face far less potential turnover among incumbents seeking to return in the next Congress.

The Section 301 tariff rulemakings typified the Office of the U.S. Trade Representative's “unreasoned decision making” that’s “impermissible” under the Administrative Procedure Act, the Consumer Technology Association argued in September 2018 comments on List 3 of the tariffs (see 1809070025) that draw strong parallels to the HMTX-Jasco litigation challenging lists 3 and 4A tariffs. CTA used Akin Gump to help draft the comments two years ago. It was where CTA first floated the idea of challenging the tariffs in court. The complaint Akin Gump drafted for CTA (see 2009220029) that the association never followed through on is seen as a template for the HMTX-Jasco litigation now ongoing.

Akin Gump said there’s no legal precedent for its Sept. 10 complaint before the U.S. Court of International Trade in which HMTX Industries and Jasco Products allege the Office of the U.S. Trade Representative overstepped its authority under the 1974 Trade Act to impose the Lists 3 and 4A Section 301 tariffs on Chinese imports (see 2009110041). The suit, plus the other roughly 3,500 nearly identical complaints filed at the CIT, seek to vacate the Lists 3 and 4A rulemakings and get the duties refunded. DOJ is expected to oppose Akin Gump's motion for a three-judge panel to manage the litigation when responses are due Oct. 21 (see 2010010043)