Some experts are arguing that digital services by their very nature represent interstate commerce and therefore are best dealt with by Congress. In order to avoid the fragmentation of state-centered markets, it is necessary to have uniform standards, not state or local statutes. Given the current composition of the US Supreme Court, a majority of justices could endorse that interpretation of the interstate commerce clause and sharply limits the ability of state and local governments to impose rules on digital services or technology innovation. Chief Justice John Roberts now is the swing vote on technology policy. He very well could be the one who decides the parameters of American federalism in regard to digital policy. That should worry consumer rights organizations and local progressives who are fighting to restrict unfair or discriminatory practices. Of course, if 2020 becomes a successful Democratic year, the political equation may shift again. Progressive Democrats will want to pass new national rules on a variety of digital policies, while Republicans would revert to their traditional stance favoring states rights and local control.

The Federal Communications Commission's Consumer and Governmental Affairs Bureau seeks comment on a petition for declaratory ruling or, alternatively, rulemaking filed by Paul Armbruster. Specifically, Armbruster seeks a ruling “confirming that a cellular phone customer can revoke consent to receive any and all unwanted text messages from their cell service provider.” According to the Petition, Armbruster was informed by his wireless service provider that “customers are not able to opt-out of receiving certain purely informational texts.” He acknowledges that “cellular carriers need not obtain additional consent from their cellular subscribers prior to initiating autodialer and artificial and prerecorded message calls for which the subscriber is not charged.” He contends, however, that this exemption from the Telephone Consumer Protection Act prohibition on making such calls without the prior express consent of the called party does not affect a consumer’s right to revoke consent at any time and through any reasonable means.

CG Docket No. 02-278

Comment Date: August 19, 2019 Reply Comment Date: September 3, 2019