The Senate Judiciary Committee is expected to consider a significant amendment to the Earn It Act (S-3398) from Chairman Lindsey Graham, R-S.C., and Sen. Richard Blumenthal, D-Conn., at Thursday’s markup (see 2006290056). According to a committee aide, Graham intends to introduce a manager’s amendment with Blumenthal that would remove the tech industry’s blanket immunity under Section 230 of the Communications Decency Act from federal civil, state criminal and state civil child sexual abuse material (CSAM) laws: “Service providers will now be treated like everyone else when it comes to combating child sexual exploitation and eradicating CSAM.” The amendment would task a government-backed commission with developing voluntary best practices rather than approving best practices required for certification, as originally drafted. “By allowing any individual state to set laws for internet content, this bill will create massive uncertainty, both for strong encryption and free speech online,” said Sen. Ron Wyden, D-Ore. Wyden’s bill would direct $5 billion for investigations and resources about online child abuse. Offices for Graham and Blumenthal didn't comment. Internet Association Senior Director-Federal Government Affairs Mike Lemon welcomed recognition of Fourth Amendment concerns raised against the original bill. He said the amendment, however, would replace one set of problems with another. It would open the “door to an unpredictable and inconsistent set of standards under state laws that pose many of the same risks to strong encryption,” Lemon said. As Section 230 “does not apply to federal criminal law, these proposals, including a government-backed Internet regulatory commission, can only undermine the ongoing fight against CSAM,” said Computer & Communications Industry Association President Matt Schruers. The bill “makes it possible for one state to undermine encryption nationwide,” said NetChoice Vice President Carl Szabo. The tech industry shouldn’t be immune from lawsuits, whether at the state or federal level, when it’s responsible for injuring people including children, said National Center on Sexual Exploitation General Counsel Benjamin Bull. He said that either industry will self-correct, or the federal government will expose it to litigation. CSAM is illegal under federal law, despite Section 230, emailed Information Technology and Innovation Foundation Vice President Daniel Castro. “Why are some members of Congress so aggressively pursuing this new law? By most accounts, it appears to be because this law can be used to undercut encryption.”
The House Armed Services Committee voted Wednesday to include in its FY 2021 National Defense Authorization Act (HR-6395) two amendments aimed at hindering the FCC’s approval of Ligado’s L-band plan, as expected (see 2006260051). The Senate continued to consider its Armed Services Committee-cleared NDAA version (S-4049) with anti-Ligado language intact (see 2006110026). Senate Armed Services Chairman Jim Inhofe, R-Okla., attempted but failed to advance by unanimous consent a manager’s amendment to S-4049 containing additional telecom and tech language.
The House Armed Services Committee’s current version of the FY 2021 National Defense Authorization Act doesn’t include language to intervene in FCC approval of the Ligado L-band plan. Proposal supporters said they are gearing up for a fight if committee members attempt to attach such amendments to the measure. Ligado opponents believe they have a good chance of prevailing because the Senate is considering its Armed Services Committee-approved FY21 NDAA version (S-4049) with related language intact, and a standalone bill is still in the pipeline.
Small rural telcos and consumer advocates supported 25/3 Mbps, with caveats, as California’s essential broadband definition in comments filed Wednesday in a utility affordability proceeding at the California Public Utilities Commission. That standard is fine if the agency recognizes smaller companies need state and federal funding to cover their higher costs, CalTel and other small RLECs commented in docket R.18-07-006. The Utility Reform Network said 25/3 Mbps is a “reasonable starting point” but the CPUC should specify that the service must not include data caps and reevaluate the speed every three years. The agency should consider what is an essential data capacity in the proceeding’s next phase, said the Center for Accessible Technology, saying 1 terabyte "is a commonly provided data cap in both market-rate and certain low-income broadband programs." Consolidated Communications warned that broadband internet access services are beyond the agency’s jurisdiction. “Clarify that unregulated broadband Internet access services will not be subject to rate regulation or data reporting requirements beyond providing publicly available pricing information,” it commented. The National Diversity Coalition urged included a household's socio-economic status when defining affordability of essential utility services.
Two issues expected to be contentious at the 2023 World Radiocommunication Conference involve potential spectrum sharing in the 6 GHz and the UHF bands, speakers said Thursday at a European spectrum management conference. Agenda item (AI) 1.2 calls for identifying several bands, among them the 6425-7025 MHz band in Region 1, and the 7025-7125 MHz band globally, for mobile services. AI 1.5 considers potential sharing between users such as broadcasting services and mobile applications in the UHF 470-960 MHz band. Other keenly watched discussions include satellite and transport communications issues, they said. Agenda items are here.
The Senate Commerce Committee’s divide over FCC approval of Ligado’s L-band plan was again on display Wednesday during a commission oversight hearing, as expected (see 2006230059). The issue also came up during a committee confirmation hearing for Commissioner Mike O'Rielly (see 2006160062). There was an even clearer partisan divide among committee members about President Donald Trump’s May executive order directing NTIA to petition the FCC for regulations defining the scope of Communications Decency Act Section 230 (see 2005280060). Senate Commerce also drilled into broadband funding proposals amid the ongoing push to include money in future COVID-19 aid legislation.
FCC Chairman Ajit Pai laid out a busy agenda for commissioners’ July 16 meeting. It tentatively includes (see 2006240044) an order addressing supply chain security and equipment from Chinese companies Huawei and ZTE, and an update of vertical location accuracy rules for wireless calls to 911. Commissioners will also consider broadband mapping, call blocking technology and emergency calling rules. Also on the agenda is the draft order establishing 988 for a nationwide three-digit suicide hotline and giving carriers a July 2022 deadline for implementation (see 2006230022). FCC members would vote on changing the cable leased access rate formula.
The FCC will consider rules for the vertical location accuracy of wireless calls to 911 and broadband mapping at commissioners’ July 16 meeting, as expected; see here. Also on the tentative agenda, an order addressing supply chain security and equipment from Chinese companies Huawei and ZTE.
As broadband bills advance in states responding to the coronavirus, former acting and possibly next FCC Chair Mignon Clyburn said states will be at the “epicenter” of recovery work. Monday at the Mid-Atlantic Conference of Regulatory Utilities virtual conference, the Democrat sought an “uplifting and all-inclusive recovery” that would include a long-awaited USF contribution revamp and increasing Lifeline’s $9.25 monthly government-funded discount.
FCC Chairman Ajit Pai and top lawmakers weighed in Thursday and Friday with additional broadband legislative proposals aimed at tying into COVID-19 aid legislation and broader infrastructure measures. House Democratic leaders announced plans Thursday to merge existing proposals into a $1.5 trillion Moving Forward Act infrastructure measure that would include $100 billion for broadband (see 2006180062). President Donald Trump’s administration is believed to be preparing a $1 trillion infrastructure proposal that will have funding for 5G infrastructure and rural broadband deployments (see 2006160049).