A state privacy law is likely to have effects beyond California, said consumer privacy advocates and others Friday. Last week’s bipartisan enactment of AB-375 (see 1806280054) may encourage other states to write their own privacy laws, they said. Tech companies warned the law needs work and isn’t ready to be copied. The authors said changes are likely before the mandates take effect in January 2020.
The FCC is expected to move soon to create a broadcast incubator order, before a deadline, said broadcast and anti-media consolidation attorneys in interviews. The 3rd U.S. Circuit Court of Appeals told the agency to file a report on the status by Aug. 6 when denying an emergency stay of a media ownership reconsideration order (see 1802070053). Though the 3rd Circuit asked only for a report, it could hurt the agency’s case to show up without a voted-on incubator order or strong indications one is coming soon, said numerous attorneys on both sides. The agency is unlikely to show up to court empty-handed, said Georgetown Institute for Public Representation Director Angela Campbell.
The Senate is likely to revisit timing of confirmation votes on FCC nominee Geoffrey Starks and Commissioner Brendan Carr’s second term during the coming July work period, after last-minute behind-the-scenes politicking led the chamber’s leaders Thursday to scrap approving the nominees under unanimous consent, Capitol Hill officials and communications sector lobbyists told us. Senate Commerce Committee Chairman John Thune, R-S.D., had seen positive signs Thursday that the chamber would be able to clear Carr and Starks that day, in his bid to fast-track the confirmation process for the nominees (see 1806120047 and 1806280059).
The Senate Judiciary Committee unanimously advanced the Music Modernization Act (S-2823) to the floor (see 1805250036) Thursday, despite concerns from Sens. Ben Sasse, R-Neb., and Ron Wyden, D-Ore., about the Classics Act portion of the MMA. The House unanimously passed the MMA in April (see 1804250078).
The communications law impact of Supreme Court Justice Anthony Kennedy's retirement remains largely a mystery (see 1806270070) as the Senate gears up for a confirmation battle. Not only is there a guessing game over who President Donald Trump will nominate as a replacement, but Kennedy's views aren't easy to pigeonhole, attorneys told us. He's "been all over the map," emailed TechFreedom President Berin Szoka.
Local governments cheered Commissioner Jessica Rosenworcel for sharing San Jose's 5G agreements as a model code while the FCC weighs rules to lower perceived local barriers. But carriers and others said San Jose's pact with industry is no model. The commissioner Wednesday released model agreements for small-cell 5G deployment negotiated by San Jose with wireless companies (see 1806150033), amid local government complaints that model codes developed by the FCC Broadband Deployment Advisory Committee favor industry.
FCC Commissioner Mike O’Rielly said he's nearing a recommendation on the 3.5 GHz citizens broadband radio service band, speaking Thursday to reporters after a speech at the Free State Foundation on process changes. The 180-day shot clock on deal approval “should be more than aspirational,” O’Rielly said, with several takeovers still pending before the regulator. “We can make decisions with a set time frame.”
Lawmakers would have been better served if the Department of Homeland Security sent an official to testify at a hearing on cellsite simulators, said House Oversight Subcommittee Chairman Ralph Abraham, R-La. DHS, which took the lead on StingRay monitoring (see 1806040046, 1806010056 and 1804180051), declined to testify but provided a written briefing to the subcommittee.
Governments want to maintain the Whois database as much as possible while complying with the EU general data protection regulation as quickly as possible, and they spent most of their time in Governmental Advisory Committee (GAC) meetings at the Monday to Thursday Panama ICANN policy meeting scrambling to figure out how to accomplish that. ICANN, not in compliance with the EU privacy law, approved a "temporary specification" to enable tiered access to domain name registrants' data in the Whois database (See 1805140001), and floated a proposed unified access model for allowing those with a legitimate interest to access non-public personal data (see 1806060004). Also in the works is an "expedited policy development process" (EPDP) that aims to replace the specification within one year. Under pressure from law enforcement, network security, intellectual property and other interests, governments are pushing to determine their role in the processes and their positions.
A net neutrality bill marched forward in the California Legislature amid questions about if it can recover from cuts by an Assembly Committee last week. Lawmakers there advanced a surveillance transparency bill and positioned a comprehensive privacy proposal for possible enactment Thursday. Industry groups prefer the privacy bill to a ballot initiative that’s to be withdrawn if the legislation is enacted.