States may sue the FCC over the commission’s Lifeline order, pending a review of the text of the final order, NARUC President Travis Kavulla said in an interview on Friday. At its Thursday meeting, the FCC approved by a 3-2 vote an order that would extend USF low-income subsidies to broadband (see 1603310056). While states support a broadband expansion, they have disagreed with the FCC’s decision to shift potential responsibility for verifying Lifeline broadband provider eligibility from the states to a national third party, sharply condemning the proposal in a March 17 letter ultimately signed by 96 state commissioners (see 1603180052). Before the FCC vote, the National Governors Association and NASUCA voiced concerns about where the order leaves states. Capitol Hill Democrats were revealed to be heavily involved in lobbying the agency hours before the vote. After the vote, rural telco/RLEC groups NTCA and WTA also voiced concerns about the Lifeline order.

From creating a multipronged test to gauge the anticompetitiveness of contractual most-favored-nation (MFN) and alternative distribution means (ADM) language, to curbing the use of bundling, independent and diverse programmers and their allies have multiple suggestions for the FCC on how better to improve the marketplace. Wednesday was the deadline for filings in docket 16-41 in the agency's notice of inquiry regarding the state of the diverse and indie programming market (see 1602180044), with reply comments due April 19. MFNs and ADMs have become a major focus of many parties in the proceeding (see 1603300055).

As IoT devices proliferate more rapidly than imagined, potential risks to people's privacy and security could "also emerge at a breakneck pace," which will have to be addressed through comprehensive legislation, FTC Chairwoman Edith Ramirez said during a speech before the American Bar Association's conference on IoT Thursday (see 1603300052). She touted the benefits of IoT devices such as providing real-time diagnostics to drivers and service facilities or monitoring pipeline leaks. But there also have been news reports and studies about hacks into medical connected devices to obtain data that is 10 times more valuable than a credit card number or to change settings that can stop an insulin device from delivering medicine.

The FCC voted to seek comment on expanding the scope of its video description requirements, with Commissioners Ajit Pai and Mike O'Rielly approving in part and dissenting in part because they said the proposal exceeds the FCC's authority. As expected, the NPRM asks for comment on increasing both the number of hours of described video required (see 1603160057) and the number of pay-TV carriers and broadcasters required to provide the service. That's an overreach, since Congress authorized the FCC only to increase the number of required hours, the Republican commissioners said. "The law is what the law is," Pai said. "It simply doesn't allow the commission to have its cake and eat it too." FCC Chairman Tom Wheeler called the proposal "logical," and Commissioner Mignon Clyburn said it furthers the goal of "universal opportunity and inclusiveness."

As IoT devices proliferate more rapidly than imagined, potential risks to people's privacy and security could "also emerge at a breakneck pace," which will have to be addressed through comprehensive legislation, FTC Chairwoman Edith Ramirez said during a speech before the American Bar Association's conference on IoT Thursday (see 1603300052). She touted the benefits of IoT devices such as providing real-time diagnostics to drivers and service facilities or monitoring pipeline leaks. But there also have been news reports and studies about hacks into medical connected devices to obtain data that is 10 times more valuable than a credit card number or to change settings that can stop an insulin device from delivering medicine.

FCC Chairman Tom Wheeler circulated a proposed declaratory ruling on a petition from Broadnet “that would, if adopted, clarify whether the TCPA [Telephone Consumer Protection Act] applies to calls made by federal government officials when they are acting in their official capacities,” he told House Communications Subcommittee Vice Chairman Bob Latta, R-Ohio, in a March 16 letter released this week. “It would also address the work of contractors who are acting as agents of the federal government. The draft decision discusses both the meaning of the term ‘person’ in the TCPA and how the Supreme Court’s Campbell-Ewald decision applies to the issues raised by the petitioners before the Commission.” Wheeler said he thinks the FCC should affirm the TCPA doesn’t apply to federal government officials acting in that capacity but that would require a full FCC vote.

FCC Chairman Tom Wheeler circulated a proposed declaratory ruling on a petition from Broadnet “that would, if adopted, clarify whether the TCPA [Telephone Consumer Protection Act] applies to calls made by federal government officials when they are acting in their official capacities,” he told House Communications Subcommittee Vice Chairman Bob Latta, R-Ohio, in a March 16 letter released this week. “It would also address the work of contractors who are acting as agents of the federal government. The draft decision discusses both the meaning of the term ‘person’ in the TCPA and how the Supreme Court’s Campbell-Ewald decision applies to the issues raised by the petitioners before the Commission.” Wheeler said he thinks the FCC should affirm the TCPA doesn’t apply to federal government officials acting in that capacity but that would require a full FCC vote.

The Electronic Frontier Foundation and other World Wide Web Consortium interests differed about the state of support among W3C stakeholders for an EFF-proposed covenant that would obligate all W3C stakeholders not to file or join a lawsuit against entities under the Digital Millennium Copyright Act (DMCA) and similar laws for circumventing technological protection measures (TPMs) for security research purposes, they told us. EFF said it's “cautiously optimistic” it made headway during a Sunday-Tuesday W3C Advisory Committee meeting in Cambridge, Massachusetts, in convincing other stakeholders to support adoption of the covenant. Another party said support for the covenant remains minimal.

The Electronic Frontier Foundation and other World Wide Web Consortium interests differed about the state of support among W3C stakeholders for an EFF-proposed covenant that would obligate all W3C stakeholders not to file or join a lawsuit against entities under the Digital Millennium Copyright Act (DMCA) and similar laws for circumventing technological protection measures (TPMs) for security research purposes, they told us. EFF said it's “cautiously optimistic” it made headway during a Sunday-Tuesday W3C Advisory Committee meeting in Cambridge, Massachusetts, in convincing other stakeholders to support adoption of the covenant. Another party said support for the covenant remains minimal.

Some governments are using Internet companies' terms of service -- typically more restrictive of the kinds of speech allowed on a platform -- to take down content that governments don't like, "blurring" the lines between actions taken by the public and private sectors, said Emma Llansó, head of the Center for Democracy and Technology's free expression project. This allows governments to circumvent laws and legal processes to get what they want in their effort to curb terrorist use of online platforms for propaganda, recruitment, financing and planning activities, said Llansó during a George Washington University discussion Wednesday. That day, a House committee passed on a party-line vote legislation targeting terrorist content online (see 1603230056).