Democratic state attorneys general are expected to sue the FCC over Thursday's anticipated vote to rescind net neutrality protections. One day earlier, 18 Democratic AGs urged the commission to delay the vote due to alleged fake comments. Several Democratic AGs have been tweeting against FCC Chairman Ajit Pai’s plan in the days leading up to the vote. Likelihood of a Democratic AG lawsuit is “as close as you can get” to 100 percent, said Paul Nolette, a political science professor at Marquette University.
The FCC draft "restoring internet freedom" order cites studies to show the 2015 net neutrality order hurt the economy. Such arguments have been disputed, but court watchers agree for the most part that when legal challenges are filed, judges are likely to give the analysis little scrutiny. NCTA CEO Michael Powell told reporters Wednesday consumers will see no change due to the order. The National Hispanic Media Coalition said it expects to take the regulator to court, and states may as well.
Lawmakers focused on artificial intelligence technology filed legislation Tuesday, the day a Senate Communications Subcommittee hearing focusing on AI algorithm issues that could require congressional action. Lawmakers and industry witnesses cited the need for the federal government to encourage U.S. AI industry development, given involvement of foreign governments in expanding their countries' sectors.
The FCC’s newly rechartered Communications Security, Reliability and Interoperability Council is closing in on its first reports, some maybe ready at the next meeting in March, members said during an abbreviated meeting Tuesday. This year’s storms demonstrated the importance of CSRIC work, said Chair Brian King, T-Mobile senior vice president-national technology service delivery and operations. “It has been quite a challenging year I think from a hurricane and windstorm perspective,” and now California wildfires (see 1712070070), he said. “Nothing underscores the mission of CSRIC more than some of those events.”
House Judiciary Committee approval Tuesday of HR-1865 as expected (see 1712110052) to punish online sex traffickers sets up a clash with a similar S-1693 that victims’ rights groups said is better. The committee approved the bill on voice vote with little debate, although ranking member Jerry Nadler, D-N.Y., said he would oppose the amended measure if it moves to the floor as is. The Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA), sponsored by Rep. Ann Wagner, R-Mo., was amended without being “fully vetted,” Nadler said. The bill has 172 co-sponsors.
Senate Commerce Committee Chairman John Thune, R-S.D., and House Communications Subcommittee ranking member Mike Doyle, D-Pa., offered dueling visions of net neutrality legislation Tuesday, as the rhetorical battle on Capitol Hill over the FCC's planned Thursday vote to repeal its 2015 rules intensified. Thune took to the Senate floor to renew his call for Democrats to negotiate with Republicans on compromise net neutrality legislation, while Doyle announced plans to file a bill to “save” the 2015 rules. Other net neutrality news: on how the draft net neutrality order may affect interconnection (see 1712120015), on congressional Democrats' concerns about the FCC commenting system's cybersecurity (see 1712120052) and on FCC security procedures (see 1712120043).
FirstNet passed a critical milestone Tuesday, making “ruthless preemption” available to customers that subscribe to its network with AT&T. Pre-emption enables first responders to communicate and coordinate when commercial networks become congested. With about two weeks before the Dec. 28 opt-out deadline, 19 of 56 states and territories haven't revealed decisions. An Illinois decision is imminent, and Washington and Oregon will convene soon to review bids to their joint request for proposal, state officials told us. New Hampshire last week was the first to opt out (see 1712070035), and 36 other jurisdictions accepted AT&T radio-access-network plans.
FCC-proposed deregulation of internet interconnection is drawing pushback from parties that believe it could invite renewed problems in a key market. Incompas and others voiced concerns about the "internet freedom" plan in recent filings urging the commission to retain interconnection authority, and in comments to us. The Republican majority isn't expected to change course before Thursday's vote. Chairman Ajit Pai's draft order would stop treating "Internet traffic exchange" (interconnection) as a Communications Act Title II telecom service, restoring "the longstanding free market framework" under which the internet "flourished for decades."
HR-1865 to create tougher penalties on online sex traffickers enjoys tech industry support and appears headed for approval Tuesday in a House Judiciary Committee markup (see 1712080026), lobbyists, aides and lawyers told us. A manager’s amendment adds a provision making it illegal to promote prostitution through “means of interstate or foreign commerce,” with violators subject to fines and imprisonment up to 10 years. “We support the bill, and find this a much better approach” than the Senate’s Stop Enabling Online Sex Traffickers Act (SESTA) (S-1693), said Rachel Wolbers, policy director of the tech startup group Engine. Victims' rights groups will oppose the bill.
Sen. Ed Markey, D-Mass., promised Monday to file a Congressional Review Act resolution of disapproval on FCC planned rescission of 2015 net neutrality rules if the commission votes for repeal Thursday as anticipated (see 1712040046). The CRA lets Congress more easily pass legislation abolishing a regulation within a certain time frame of its issuance and prohibiting an agency from issuing similar rules afterward absent congressional action. Capitol Hill Republicans used it many times in 2017, including in March to end FCC ISP privacy rules (see 1703280076). Congressional Democrats proposed in May to repeal that CRA (see 1705160021). Other congressional Democrats also continued to voice opposition to the commission's plans Monday, including House Commerce Committee ranking member Frank Pallone, D-Mass., and Sen. Kamala Harris, D-Calif.