RCN Telecom Services and RCN of Massachusetts, in their May 13 motion to dismiss Screen Media Ventures’ Digital Millennium Copyright Act complaint (see 2405140031), don’t deny “the basic elements of liability” under the DMCA, said SMV's opposition brief Monday (docket 3:23-cv-23356) in U.S. District Court for New Jersey. SMV’s complaint alleges that RCN’s subscribers, or those using their subscriptions, use software such as BitTorrent to infringe SMV’s “exclusive rights of reproduction and distribution” (see 2312290005). The defendants also don’t deny receiving thousands of notices of infringement related to SMV’s and other rights’ holders works, nor do they deny failing to take any action to terminate known infringers from using RCN’s network “to perpetuate this mass infringement,” it said. They also don’t deny “having the means and control to easily prevent such activity, for which they are legally responsible,” it said. RCN “disingenuously argues” that because certain “unknown and unidentified hypothetical persons” who aren’t its subscribers could have used its services to infringe SMV’s works, the complaint doesn’t state a claim that the defendant’s subscribers infringed the plaintiff’s works, said the opposition. This “shot in the dark” attempt to raise factual issues to cast doubt on the sufficiency of allegations of direct copyright infringement is wrong “both procedurally and substantively,” it said. Procedurally, at the pleading stage, factual allegations are taken to be true, it said. Substantively, the issue is the use of RCN’s network and services “to commit acts of infringement known to RCN,” it said. Thus, SMV’s factual allegations that users with IP addresses belonging to the defendant infringed the plaintiff's works “must be taken as true and are well-pled,” it said. SMV’s further speculative allegations that some individuals who aren’t subscribers but still used RCN’s services to infringe SMV’s copyrighted works also don’t diminish “the well-pleaded facts that thousands of illegal downloads by subscribers did occur on RCN’s network,” it said.

The Customs Rulings Online Search System (CROSS) was updated June 5-14 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):

State lawmakers may be more inclined to pursue broadband affordability policies in the wake of recent FCC and court rulings as well as last month's ending of the federal affordable connectivity program (ACP), multiple telecom experts said last week. Connecticut Senate Majority Leader Bob Duff (D) told Communications Daily he hopes “these developments will lead to stronger support in 2025” for an affordable broadband proposal that failed this year. However, some anticipate ISPs will likely object, and fiscal constraints could limit states' efforts.

The next administration should look to raise criminal penalties for trade theft, broaden the scope of the Committee on Foreign Investment in the U.S. and refocus its export controls on military technologies to better compete with China, the Information Technology and Innovation Foundation said this week. ITIF also said the U.S. should push for a new “techno-economic alliance” of key trading partners and develop a new multilateral export control regime focused on semiconductors and artificial intelligence.

Federal and industry officials raised concerns about the impact of pole attachments and replacements as states prepare for NTIA's broadband, equity, access and deployment (BEAD) program. In addition, make-ready processes and economic incentives can complicate efforts to expand high-speed internet -- and rules aren’t always enough, a panel of state officials said during a Schools, Health & Libraries Broadband (SHLB) Coalition symposium Thursday.

Attorneys for plaintiff Thomas Gebka and defendant State Farm conferred via videoconference May 30 about all issues Gebka raised in a May 20 motion to compel discovery (see 2405210004), the parties’ joint status report said Tuesday (docket 1:22-cv-05546) in U.S. District Court for Northern Illinois in Chicago. Gebka’s motion seeks production of all records and notes for all calls that State Farm or any State Farm agency made from Oct. 10, 2018, to the present. Gebka’s October 2022 Telephone Consumer Protection Act class action alleges that State Farm “engaged in a national telemarketing campaign to promote its insurance via unsolicited calls to persons who had no prior relationship” with the insurer (see 2210110009). During the May 30 conferral, State Farm claimed for the first time that experts within the company “advised they may not be able to export the data for the call records and notes from the database tables in which State Farm stores it without crashing the system,” Gebka’s position statement in the joint status report said. However, Gebka “contends" it "is routine to export the data,” and proposed State Farm allow Gebka’s expert to do so himself, “which counsel for State Farm stated he knows State Farm will not allow,” it said. Gebka contends that it’s clear State Farm “is not conferring in good faith but is instead attempting to weaponize” the court’s standing order to delay, it said. State Farm’s “impression” is that Gebka “would like to speed through the conferral process and then renew his motion to compel,” said its position statement in the joint status report. During the May 30 conferral, Gebka “rejected all of State Farm’s proposals,” it said. The scope of Gebka’s discovery demands is “enormous” and “contrary” to the court’s Nov. 2023 order cautioning that the plaintiff’s discovery requests need to be “appropriately narrowed” at this stage of the case, the report said. State Farm has produced reports showing that since 2018 -- the beginning of Gebka’s alleged class period -- internet lead vendors EverQuote, ZipQuote and QuoteWizard have sold more than 40 million leads to more than 12,000 State Farm agents, it said. From additional reports that State Farm has produced, “it can be estimated” that there are more than a billion call records for those 12,000 agents, it said. State Farm contends that Gebka has now walked back his earlier positions and is demanding “even broader discovery,” it said. Moreover, it assumes Gebka is demanding such broad information “to engage in a fishing expedition for an alternative theory,” it said.

Four tech industry groups on Tuesday joined in opposing a kids’ social media legislative proposal advancing in Pennsylvania, despite support from their member Google (see 2406060062). The Computer and Communications Industry Association, NetChoice, TechNet and Chamber of Progress oppose the Online Safety Protection Act (HB-1879). Pennsylvania’s House Children and Youth Committee voted 15-9 to pass the bill Tuesday, with one Republican in favor. The legislation would require online platforms consider the “best interests of children” when developing products and features “children are likely to access.” Violators would face potential civil penalties enforced by the attorney general. CCIA and NetChoice have argued similar measures passed in California, Maryland and Vermont are unconstitutional, given the free speech implications for children. Committee staff on Tuesday listed Google as a supporter and the four associations as opponents. Google previously declined comment on why it supports the measure, and the company didn’t comment Tuesday. Chair Donna Bullock (D), who wrote the bill, successfully passed an amendment Tuesday with new language meant to address critics’ concerns about “vague” wording outlining what keeping children’s “best interests” in mind means. However, Rep. Charity Grimm Krupa (R) said the amendment fails to address concerns from Attorney General Michelle Henry (D) about enforceability. Krupa said she agrees with ranking member Barry Jozwiak (R), who previously said the bill is unenforceable due to its “overly broad” terms and definitions. The measure's intent is “good,” but sponsors haven’t addressed issues raised by Jozwiak, Henry and the industry groups, she said. Henry’s office didn’t comment Tuesday. Bullock said parents have an obligation to show children how to use social media platforms safely, but they can’t “do it alone.” Parents don’t understand every aspect of the technology and what’s “happening behind the scenes,” she said. Platforms should make these services “age-appropriate” and prioritize the safety of children over profits, she added.

NetChoice seeks a two-week deadline extension, to July 12, to reply in support of its motion for a preliminary injunction to block Utah Attorney General Sean Reyes (R) from enforcing the state’s newly enacted Minor Protection in Social Media Act when it takes effect Oct. 1 (see 2405060006), said NetChoice’s unopposed motion Monday (docket 2:23-cv-00911) in U.S. District Court for Utah in Salt Lake City. The “modest extension” will give NetChoice adequate time to respond to the arguments raised in Reyes’ 60-page opposition brief and won’t delay the close of briefing in this case, said the motion. NetChoice will still file its opposition to Reyes’ motion to dismiss on June 28, it said. Reyes is seeking the dismissal of count VI of NetChoice’s 11-count complaint that argues Section 230 of the Communications Decency Act preempts Utah’s new social media law (see 2406030026). NetChoice opposes the statute as “an unconstitutional restriction on minors’ and adults’ ability to access and engage in protected speech.”

CTIA asked the FCC to address an issue it raised on pole attachments in 2019, providing clarity that wireless providers have access to utility light poles (see 1911200033). “Given the remarkable and growing consumer demand for wireless services and 5G home broadband -- the fastest growing segment of the home broadband marketplace -- the Commission should act on this pending request,” a filing posted Monday in docket 17-84 said. These poles “are well-suited for small cell facilities, which comprise the largest number of deployments: industry analysts report upwards of 80 percent of future deployments will be small cells, which are ideally suited to leverage street furniture such as light poles in the rights-of-way,” CTIA said.

California could soon release more than $100 million in last-mile broadband grants through the California Public Utilities Commission's federal funding account (FFA), the CPUC said Friday. Three projects in Plumas County will receive $16.7 million through staff-delegated authority, the CPUC said. In addition, commissioners will consider two draft resolutions for an additional $88.6 million in awards at a July 11 meeting, the agency said. Draft resolution T-17826 recommends $44.1 million for unserved areas in Imperial, Lassen and Plumas counties. The Golden State Connect Authority and Plumas-Sierra Telecommunications would build the networks. Draft resolution T-17829 recommends $44.4 million for unserved areas in Alameda, San Francisco and Sierra counties. The awardees in that draft would be Plumas-Sierra and the cities of Oakland, Fremont and San Francisco. The CPUC has $2 billion available in the FFA and received applications requesting more than $4.6 billion total, the agency said. California Assembly Communications Committee Chair Tasha Boerner Horvath (D) raised concerns earlier this week about CPUC delays getting last-mile grants using 2021 American Rescue Plan Act dollars out the door (see 2406050065).