Court case

Self-Proclaimed “Free Speech Absolutist” Elon Musk Tries to Silence Independent Researchers Center for Countering Digital Hate

The Center for Countering Digital Hate (CCDH) has been a leading voice exposing how Musk’s leadership and the changes he is making to “X” have led to a proliferation of hate speech on the platform. While Musk proclaims himself to be an advocate for free speech, his latest tactics involve making brazen verbal and legal threats against CCDH, all while allowing racist, antisemitic content to proliferate on his platform. Rese

Outcry Against AI Companies Grows Over Who Controls Internet’s Content

A collective cry is breaking out as authors, artists and internet publishers realize that the generative-AI phenomenon sweeping the globe is built partly on the back of their work. The emerging awareness has set up a war between the forces behind the inputs and the outputs of these new artificial-intelligence tools, over whether and how content originators should be compensated. The disputes threaten to throw sand into the gears of the AI boom just as it seems poised to revolutionize the global economy.

Internet referral programs are in urgent need of reform

The US District Court for the Western District of Louisiana barred certain government agencies from working with social media companies for “the purpose of urging, encouraging, pressuring, or inducing in any manner the removal, deletion, suppression, or reduction of content containing protected free speech.” The injunction seems to threaten the myriad of government programs—including those in the Department of Homeland Security, the Department of Justice, the Department of Health and Human Services, and the St

Microsoft Can Close Its $75 Billion Buy of Activision Blizzard, Judge Rules

Microsoft can close its $75 billion acquisition of Activision Blizzard, a federal judge ruled, delivering a major setback to the Federal Trade Commission’s attempt to rein in big mergers. The deal would combine Microsoft’s Xbox videogaming business with the publisher of popular franchises such as Call of Duty, World of Warcraft, and Candy Crush.

‘Vague’ injunction on social media should be stayed, US Justice Department says

The US Justice Department asked a federal judge to stay his sweeping injunction barring many government interactions with social media companies on free-speech grounds, arguing that it was vague, confusing and likely to be overturned on appeal. “The Court’s July 4 preliminary injunction is both sweeping in scope and vague in its terms,” lawyers led by Principal Deputy Assistant Attorney General Brian Boynton wrote in a filing before US District Judge Terry Doughty in Louisiana, citing rules that require the document to make clear “exactly what conduct is proscribed.” The government team ask

Ruling Puts Social Media at Crossroads of Disinformation and Free Speech

Two months after President Biden took office, his top digital adviser emailed officials at Facebook urging them to do more to limit the spread of “vaccine hesitancy” on the social media platform. At the Centers for Disease Control and Prevention, officials held “weekly sync” meetings with Facebook, once emailing the company 16 “misinformation” posts. And in the summer of 2021, the surgeon general’s top aide repeatedly urged Google, Facebook and Twitter to do more to combat disinformation.

State Department cancels Facebook meetings after judge’s ‘censorship’ ruling

One day after a Louisiana federal judge set limits on the Biden administration’s communications with tech firms, the US State Department canceled its regular meeting with Facebook officials to discuss 2024 election preparations and hacking threats. State Department officials said all future meetings, which had been held monthly, have been “canceled pending further guidance." The cancellation shows the immediate impact of the order by US District Judge Terry A. Doughty, a Trump appointee.

Federal Judge Limits Biden Officials’ Contacts With Social Media Sites

Judge Terry Doughty of the US District Court for the Western District of Louisiana restricted parts of the Biden administration from communicating with social media platforms about broad swaths of content online.

FTC Takes Action Against Amazon for Enrolling Consumers in Amazon Prime Without Consent and Sabotaging Their Attempts to Cancel

The Federal Trade Commission (FTC) is taking action against Amazon for its years-long effort to enroll consumers into its Prime program without their consent while knowingly making it difficult for consumers to cancel their subscriptions to Prime. In a complaint, the FTC charges that Amazon has knowingly duped millions of consumers into unknowingly enrolling in Amazon Prime.

Tough Path for Challenge to FCC Broadband Fee Revenue

The Federal Communications Commission's Universal Service Fund (USF) faces its third recent challenge June 14 in oral arguments before the Eleventh Circuit over Congress’ delegation authority. The lawsuits from Consumers’ Research seek to clarify limits on Congress’ authority to delegate power to executive agencies, and what powers agencies can leave to private actors. In 2022, the USF approved nearly $7.5 billion in non-COVID spending on accessible broadband service, funded by its increasing contribution factor.

Gannett v. Google

Gannett, the largest publisher in the US, filed a federal lawsuit in US District Court for the Southern District of New York against Google for monopolization of advertising technology markets and deceptive commercial practices.

Why TikTok wants its new data privacy trial held in Illinois

TikTok is being sued over data privacy — again.

Supreme Court Won’t Hold Tech Companies Liable for User Posts

The Supreme Court handed twin victories to technology platforms on May 18 by declining in two cases to hold them liable for content posted by their users. In a case involving Google, the court for now rejected efforts to limit the sweep of the law that frees the platforms from liability for user content, Section 230 of the Communications Decency Act.

The FCC and USF

The Federal Communications Commission quietly won two court cases over the last month that most folks have not heard about. A group of complainants brought a suit against the FCC, saying that the agency didn’t have explicit direction from Congress for the creation of the Universal Service Fund (USF) or the authority to delegate the operation of the USF to a third party.

Maryland Supreme Court Urged To Strike Down Digital Ad Tax

Comcast and Verizon urged Maryland's highest court to strike down a 2021 law that imposes a tax on some digital ads, arguing both that the statute violates the Constitution, and that it conflicts with a 1998 federal law. The hearing centered on a 2021 Maryland law that imposes taxes on some online companies with more than $100 million in digital ad revenue.

Benton Institute Welcomes Another Unanimous Verdict for FCC and Universal Broadband

The U.S. Court of Appeals for the 6th Circuit joined the 5th Circuit in rejecting an attack on the constitutionality of the Federal Communications Commission’s Universal Service Fund (USF). The  USF is a critical means of reducing the cost of broadband and other telecommunications services for schools, hospitals and libraries, for low-income consumers, and for residents of rural America. The Benton Institute for Broadband & Society, MediaJustice, and the National Digital Inclusion Alliance are intervenors supporting the FCC in this case.

Supreme Court to decide if officials can block constituents on social media

The Supreme Court will consider whether the First Amendment prohibits a public official from blocking constituents from personal social media accounts when those accounts are used to communicate with the public. The court took two cases for the term that begins in October 2023 to decide a digital-age issue that has been active in lower courts.

Reaction to USF Decision

FCC Commissioner Geoffrey Starks said, “I’m pleased that the Fifth Circuit agreed with what I and many others—including bipartisan members of Congress—have said about the Universal Service Fund. It is constitutional, both in concept and implementation. The Universal Service Fund continues to connect rural communities, schools, libraries, healthcare providers, and low-income households all across the country.

Benton Institute for Broadband & Society Salutes 'Ringing Ratification' of USF

Coming from one of the more conservative courts in the country, this decision is a ringing ratification of the system Congress established to ensure that all Americans have affordable access to telecommunications service and advanced services like broadband. This should not come as a surprise, but once the USF was subjected to a legal challenge, the Benton Institute for Broadband & Society joined with public allies to defend this critical mechanism for ensuring universal broadband.

FCC dodges disaster as court approves handling of broadband subsidies

The 5th Circuit U.S. Court of Appeals upheld the decades-old funding mechanisms governing Federal Communications Commission subsidies, a decision that assures the delivery of billions of dollars in broadband aid across a variety of government programs. The FCC, for more than a quarter-century, has operated this pot of subsidies known as the Universal Service Fund, amounting to roughly $9 billion annually.

Trial of 2016 Twitter Troll to Test Limits of Online Speech

The images appeared on Twitter in late 2016 just as the presidential campaign was entering its final stretch. Some featured the message “vote for Hillary” and the phrases “avoid the line” and “vote from home.” Aimed at Democratic voters, and sometimes singling out Black people, the messages were actually intended to help Donald Trump, not Hillary Clinton. The goal, federal prosecutors said, was to suppress votes for Clinton by persuading her supporters to falsely believe they could cast presidential ballots by text message.

Online-Books Lawsuit Tests Limits of Libraries in Digital Age

On March 20, US District Judge John Koeltl in Manhattan will weigh pleas by four major book publishers to stop an online lending library from freely offering digital copies of books, in a case that raises novel questions about digital-library rights and the reach of copyright law that protects the work of writers and publishers. Nonprofit organization Internet Archive created the digital books, building its collection by scanning physical book copies in its possession.

Dina Srinivasan: Exposing the monopoly power of Facebook and Google

A Q&A with Dina Srinivasan, who, in February 2019 as an independent scholar, published an academic paper entitled ‘The Antitrust Case Against Facebook’, in which she identified a correlation between privacy and economics — and argued that the social media giant lowered its privacy standards as soon as it had defeated its rivals.