Brian Fung

DOJ antitrust chief Delrahim questions whether there’s ‘credible evidence’ Big Tech is harming innovation

The Justice Department’s top antitrust enforcer, Makan Delrahim, is receptive to complaints that tech companies such as Google and Facebook may be hindering competition with their dominance but believes regulators lack the economic evidence that would be needed to prove such a case in court. Delrahim that there are “very valid concerns at some level” about whether companies in Silicon Valley are getting too big, or “stifling innovation or consumer choice.” In principle, those complaints could ultimately lead to an antitrust suit, Delrahim said.

Uber reaches $148 million settlement over its 2016 data breach, which affected 57 million globally

Uber has agreed to pay $148 million to settle allegations from 50 states and the District of Columbia that the ride-hailing company violated data breach laws when it waited a year to disclose a hack affecting tens of millions of its riders and drivers. The settlement is among the biggest in Uber’s history and comes as policymakers on Sept 26 were debating whether to write a national consumer privacy law in front of witnesses including Google and Twitter. It marks the first time Uber has settled a matter with the top law enforcement officials from all 50 states and the District.

Inside the private DOJ meeting that could lead to new investigations of Big Tech

Officials from 14 states' top legal offices and the Justice Department have begun a coordinated conversation about ways to keep tabs — and potentially rein in — the fast-growing tech giants. The gathering had been designed to focus on social media platforms and the ways in which they moderate content online, following complaints from President Donald Trump and other top Republican lawmakers that Silicon Valley companies deliberately seek to silence conservative users and views online.

The future of 5G mobile data could hinge on a battle over utility pole fees

Mobile carriers such as AT&T and Verizon are in a race to build brand-new data networks that can deliver ultrafast downloads and support a fresh generation of smart, Internet-connected devices. But a battle is brewing over how much the companies should pay for access to public utility poles and other rights of way, as federal regulators get ready to vote on the issue on Sept 26. The proposal by the Federal Communications Commission would establish new limits on the use fees that cities and towns can charge wireless carriers as the companies set up their new 5G data networks.

Verizon denies allegations that it’s degrading mobile data service for Hurricane Florence victims

In a post on reddit, a person identifying themselves as a Verizon customer in North Carolina complained about a lack of mobile data service, writing,

We traveled into a bigger town and called Verizon to check and see if there was a data outage and when we could expect it to be restored. Only, I was told that my unlimited plan was deprioritized for being to low tier of a plan. But if I upgraded to a higher plan my service would be restored.

Contacted by the Washington Post, Verizon spokesperson Richard Young said,

Top states say they haven’t been invited to the Justice Department's meeting about tech companies

Democratic attorneys general from key states said they have not yet been invited by the Justice Department to its upcoming review of tech companies, prompting criticism that the Trump administration's inquiry is a politically-charged attack on the tech industry. 

Verizon’s troubles with AOL taught it a lesson: Consumers care about privacy

Tim Armstrong, a top Verizon executive, may be on the way out after struggling to turn the telecommunication company into a competitor to Google and Facebook, the Internet's preeminent digital advertising titans. Armstrong, the former AOL chief executive who joined Verizon when it purchased his company in 2015, is currently in charge of Oath, the Verizon subsidiary that contains AOL and Yahoo. Underscoring the story is the revelation that Verizon's digital advertising efforts have largely stalled.

Justice Department to consider allegations of censorship on Facebook, Twitter

Attorney General Jeff Sessions plans to meet with state attorneys general in Sept 2018 to discuss whether tech companies may be “intentionally stifling the free exchange of ideas.” The meeting will also consider whether tech platforms “may have harmed competition” with their actions, a hint that the Justice Department may be weighing antitrust action against the firms. Legal experts said the agency's announcement “clearly suggests” a willingness to intervene on behalf of conservative critics who say they are victims of discrimination by the companies. The Justice Department’s statement:

President Trump again calls for reexamining NBC’s TV license, despite the fact it doesn’t have one

President Donald Trump suggested that NBC's television license should be “look[ed] at” in a tweet that called the network “FAKE NEWS.” But the Federal Communications Commission does not issue TV licenses to TV networks and cannot legally revoke an individual TV station's license based on the content of its programming. President Trump's tweet took aim at NBC's handling of journalist Ronan Farrow's reporting on Harvey Weinstein.

Sinclair Broadcast Group files countersuit against Tribune Media over failed merger

Sinclair Broadcast Group filed a countersuit in an escalating legal battle with Tribune Media, after the two companies' proposed merger fell apart this month under federal scrutiny. The counterclaim maintains that Sinclair “pushed hard" to secure regulatory approval for the proposed tie-up and called Tribune’s subsequent attempt to distance itself from Sinclair “self-serving.” Sinclair is asking a Delaware court to find that it was Tribune that broke the terms of the merger agreement.

President Trump’s economic adviser: ‘We’re taking a look’ at whether Google searches should be regulated

The Trump administration is “taking a look” at whether Google and its search engine should be regulated by the government, said Larry Kudlow, President Trump’s economic adviser. “We’ll let you know,” Kudlow said. “We’re taking a look at it.” The announcement puts the search giant squarely in the White House’s crosshairs amid wider allegations against the tech industry that it systematically discriminates against conservatives on social media and other platforms.

Verizon is lifting data restrictions on HI first-responders after CA firefighters complained of throttled speeds

In the wake of a customer-service backlash involving CA firefighters, Verizon is apologizing for slowing down the data speeds of first-responders — and says it will begin offering emergency workers a new unlimited data plan to avoid future mishaps. The telecom company also said it will refrain from imposing mobile data speed restrictions on first-responders on the entire West Coast for now as they continue battling some of the worst wildfires in the region’s history.

T-Mobile says hackers may have made off with 2 million users’ personal data

T-Mobile, the nation’s third-largest wireless carrier, said that it had discovered a data breach potentially affecting some of its customers' account information. No financial data was stolen in the incident, the company said, but some personal details such as customer names, email addresses, phone numbers and account numbers may have been compromised. In a statement on its website, T-Mobile said it uncovered the hack on Aug 20. The company “promptly reported it to authorities” and shut down the attack.

Tribune withdraws from Sinclair merger, saying it will sue for ‘breach of contract’

Tribune Media will withdraw from its $3.9 billion merger with Sinclair Broadcast Group, saying it would sue Sinclair for “breach of contract” over its failed negotiations with regulators over the deal. “In light of the FCC’s unanimous decision, referring the issue of Sinclair’s conduct for a hearing before an administrative law judge, our merger cannot be completed within an acceptable time frame, if ever,” said Peter Kern, Tribune’s chief executive officer. “This uncertainty and delay would be detrimental to our company and our shareholders.

Time to break up Google and Facebook, says New York attorney general candidate Zephyr Teachout

New York attorney general candidate Zephyr Teachout promised to “explore breaking up” Facebook and Google if she is elected, using state and federal antitrust laws. Standing in front of the Manhattan offices of the New York Daily News, Teachout said tech companies are to blame for dominating the online advertising market — drawing revenue from newspapers and publishers. Teachout’s remarks came a day after the Daily News in New York announced layoffs that reduced the size of its newsroom by half.

What the Justice Department will argue to get its AT&T appeal

The Justice Department’s renewed effort to thwart AT&T’s merger with Time Warner rests on claims that a federal judge misunderstood “fundamental principles of economics,” according to court documents. Asking a federal appeals court to swiftly consider their case against the telecom giant, government lawyers said Judge Richard Leon of the U.S. District Court for the District of Columbia erred by rejecting “basic bargaining economics” when he ruled to allow the $85 billion deal in June.

Justice Department to appeal its loss in the AT&T-Time Warner trial

The Justice Department filed an appeal challenging its loss in the AT&T-Time Warner antitrust trial. AT&T completed its $85 billion acquisition of Time Warner a few weeks ago after a federal judge rejected the Justice Department’s argument that the deal would be anti-competitive. “My guess is that the government is going to try to show that a lot of important evidence was rejected by the judge, and the judge put too much weight on the testimony of the merging parties," said Gene Kimmelman, a former Justice Department antitrust official who now leads Public Knowledge. 

In America’s tech capital, tens of thousands go without home Internet. Here’s how San Francisco wants to fix it.

Despite being awash in tech start-ups and the latest innovations, San Francisco has a surprising lack of connectivity. As many as 1 in 8 people  — more than 100,000 residents — don’t subscribe to home Internet, city officials say. To close that digital divide, the local government has come up with an entrepreneurial solution: Build a high-speed network of its own that could compete with the likes of AT&T and Comcast. If the estimated $1.9 billion proposal is approved, San Francisco would become the biggest U.S.

Is the FCC Forcing Consumers to Pay $225 to File Complaints? It's Complicated

Having your voice heard at the Federal Communications Commission could soon cost you hundreds of dollars, according to congressional Democrats who oppose a looming rule change. But that may not be the case after all, a review of the FCC proposal shows.

AT&T is raising an obscure fee on customer bills to make an extra $970 million a year, analyst says

AT&T’s wireless customers are expected to pay almost $1 billion in new fees every year to the company after it increased a monthly “administrative fee” this spring in a move that went largely unnoticed, according to an industry analyst. The analyst, Walt Piecyk of BTIG, initially estimated that AT&T could pocket roughly $800 million more annually from the higher fee, before revising that figure upward to $970 million once he learned that the fee hike will also affect tablets and smartwatches on AT&T’s network, not just cellphones.

A judge is about to decide whether to block AT&T’s merger with Time Warner. Here’s what you need to know.

The AT&T/Time Warner case could be decided any number of ways. Judge Richard Leon could rule in the government's favor, forcing AT&T to abandon the deal or to sell off key assets such as Turner or DirecTV to move forward. Judge Leon could side with AT&T, saying there is no threat to competition and allowing the deal to proceed unimpeded. In that scenario, AT&T would not be required to divest anything or make any other concessions and could close the deal by June 18.

The FCC’s net neutrality rules are officially repealed today. Here’s what that really means.

With the network neutrality rules coming off the books, how is your Internet experience likely to change? Here's what you need to know:

No, Twitter still isn’t subject to the First Amendment — even if a judge said Trump’s account is

[Analysis] The ruling that President Trump violated the constitutional rights of Americans when he blocked some of his Twitter followers after they criticized him politically raises many more questions about the extent of those First Amendment obligations. President Trump cannot legally block his Twitter followers for political reasons, the judge ruled, because that would amount to “viewpoint discrimination” by a government official in a public forum. 

President Trump cannot block Twitter users for their political views, court rules

President Donald Trump's decision to block his Twitter followers for their political views is a violation of the First Amendment, a federal judge ruled May 23, saying that President Trump's effort to silence his critics is not permissible under the US Constitution because the digital space in which he engages with constituents is a public forum. The ruling rejects administration arguments that the First Amendment does not apply to President Trump in this case because he was acting as a private individual.