AGs take net neutrality to court Presented by CTIA

With help from John Hendel, Ashley Gold and Martin Matishak

AGS TAKE NET NEUTRALITY TO COURT — Twenty-two state attorneys general, along with Mozilla and consumer groups Public Knowledge, Free Press and New America’s Open Technology Institute, have filed lawsuits challenging the FCC’s recent move to roll back the net neutrality rules, John reports. New York Attorney General Eric Schneiderman led the coalition of AGs, representing states including California, Mississippi, Maryland and Virginia, filing in the D.C. Circuit Court of Appeals. "The repeal of net neutrality would turn internet service providers into gatekeepers” and “be a disaster for New York consumers and businesses,” Schneiderman said. He announced his intent to sue last year, as did many of the other officials, and led an investigation into stolen identities in the FCC rulemaking process. Several other potential plaintiffs have also expressed interest in mounting a challenge.

— But we’re still waiting on the repeal’s publication in the Federal Register. That’s when the legal challenge can begin in earnest.

— Sen. Ed Markey (D-Mass.), the chief sponsor of a Senate measure that aims to use the Congressional Review Act to undo the FCC’s net neutrality repeal, heralded the AGs’ legal efforts. “I think they’re on very strong legal grounds. I think the FCC did act arbitrarily and capriciously. I do think they acted unreasonably,” he told MT. “I’m very hopeful there and I’m very hopeful on the CRA.” Meanwhile, Sen. Roger Wicker (R-Miss.), chairman of the Senate Commerce Committee’s telecom subcommittee, says the lawsuit may harm the potential of the internet. “These attorney generals basically are threatening, unwittingly, to hurt the great engine of the economy,” he said.

— House CRA picks up support: Rep. Mike Doyle (D-Pa.) announced Tuesday that 85 members are signed on to legislation that would repeal the the FCC’s decision to roll back Obama-era net neutrality rules via the Congressional Review Act. Over on the Senate side, 50 senators have signed onto the CRA resolution. One more Republican would be needed for it to pass after Republican Sen. Susan Collins, of Maine, announced her support. It faces a more daunting road in the Republican-controlled House and would have to be signed by President Donald Trump. “There’s overwhelming public support for preserving Net Neutrality, so it’s no surprise that there’s strong support in Congress as well,” Doyle said in a release. Markey was also optimistic about picking up a 51st vote for the Senate counterpart. “We’re going to mount a nationwide campaign,” he said.

Want to know more about congressional efforts to overturn the FCC’s repeal of net neutrality rules (Draft Bill: S. J. Res. _)? Pro Bill Analysis provides a detailed breakdown of the legislative measure complete with expert insight. Pro Bill Analysis is an exclusive feature of Legislative Compass, POLITICO Pro's legislative tracking tool. Here is a preview of the Pro Bill Analysis on the FCC’s repeal of net neutrality rules.

THEY’RE BAAACK — Facebook and Twitter are returning to the Hill today to discuss social media and extremist propaganda at a Senate Commerce Committee hearing. YouTube is also slated to testify. The hearing follows inquiries held by the Senate Judiciary and Intelligence committees last year scrutinizing Russian-linked election interference. YouTube has faced increasing heat about how it’s handled terrorist propaganda following reports last summer that revealed the company was serving advertisements with videos promoting extremism. Recall that a number of companies including AT&T, Verizon, Johnson & Johnson and PepsiCo pulled their advertising from the platform as a result. The video platform on Tuesday also revealed updated guidelines on the types of videos that could be monetized.

— “The companies that our witnesses represent have a very difficult task: preserving the environment of openness upon … which their platforms have thrived, while seeking to responsibly manage and thwart the actions of those who would use their services for evil,” Senate Commerce Chairman John Thune (R-S.D.) will say, according to prepared remarks.

— Expect lawmakers to press the tech giants on how they plan to prevent future election interference as well as their take on terrorism-related content. “I’d be very anxious to hear what they know about election interference and any plans they have in regard to avoiding that interference in the future,” Sen. Jerry Moran (R-Kan.) told MT, saying he also has questions about maintaining the balance between protecting free speech and curbing extremist propaganda. Sen. Brian Schatz (D-Hawaii) has also said he has questions about the steps tech companies are taking to deter interference in the 2018 elections.

SURVEILLANCE SURVIVES NAIL-BITER VOTE — Quiet drama overtook the Senate late Tuesday as lawmakers voted to cap debate on a bill to reauthorize controversial surveillance programs for another six years. The 60-38 vote to invoke cloture, which requires a two-thirds majority, limited debate on the proposal (S.139) and tees up a final vote today or Thursday on the legislation, which would renew with minimal changes the powerful spying tools allowed under Section 702 of the Foreign Intelligence Surveillance Act. The vote’s outcome was thrown into doubt when Senate Minority Leader Chuck Schumer announced he would oppose the procedural vote because GOP leaders had prevented lawmakers from offering amendments to the bill, freeing up other Democrats to vote “no.” “When Sen. Schumer shifted, it was inevitable that it would be close,” Senate Intelligence Chairman Richard Burr (R-N.C.) told Pro Cyber’s Martin Matishak after the vote, which was held open for nearly 90 minutes. “If you look at the history of intelligence programs, they’re always close.”

GOOD WEDNESDAY MORNING and welcome to Morning Tech, where we’ve waited a long time for this sequel. Send your tech and telecom tips to [email protected] and @liszhou. Catch the rest of the team’s contact info after Quick Downloads.

Got an event for MT’s tech calendar? Email us the details at [email protected].

A message from CTIA: With multiple nationwide 5G networks available today, America is at the forefront of the emerging 5G Economy. Now Boston Consulting Group has identified the keys to unlocking 5G’s potential to reinvent the way we live and work, including more licensed spectrum and a pro-business regulatory framework. Learn more at www.ctia.org.

SENATE 5G BILL ‘STILL PERCOLATING’ — Although House Republicans are making a lot of noise this week about broadband infrastructure proposals, top senators say a bill addressing 5G is still rolling along. “I know we were close before,” Thune told John. “It’s still percolating.” Thune was working on this draft bill last year with Schatz and at one point hoped to mark it up by December, eyeing its possible inclusion in a broader infrastructure package or other legislative vehicle. Even last month, he retained confidence that they would release it by year’s end. “We’re still working on this bill with Schatz, which we’ll roll out soon,” Thune says now. Frederick Hill, his committee spokesman, notes, “Our office continues to evaluate input and potential changes as a result of feedback received from our draft circulation.”

BROADBAND-PALOOZA — Reps. Anna Eshoo (D-Calif.) and David McKinley (R-W.V.) are introducing a broadband bill today that would require broadband conduit to be included in the construction of roads built with federal funding. This legislation would set up a mandate for such roads to have plastic pipes that could hold fiber-optic communications cable. The bill, Broadband Conduit Deployment Act of 2018, also known as “Dig Once,” joins the bevy of broadband legislation that’s come out in the past few days.

MARK YOUR CALENDAR — The House Energy and Commerce Committee’s telecom panel has plans for a hearing with the FCC on public safety in the wake of the false emergency alert sent in Hawaii over the weekend warning of an incoming missile. The hearing is slated to take place sometime in the coming weeks. “A reliable and strong communications service can save lives during a disaster, but the public needs to be able to trust that the emergency alert they receive is legitimate,” Reps. Greg Walden (R-Ore.), Frank Pallone (D-N.J.), Marsha Blackburn (R-Tenn.) and Mike Doyle (D-Pa.) said in a statement. “We need to make sure that a mistake like what happened in Hawaii never happens again.” FCC Chairman Ajit Pai has said an investigation into the alert is “well underway.”

TAKE CHARGE — For anyone who’s grappled with the anxiety of a dying phone battery while on the go, the FCC has recently greenlit “wireless charging” technology that could help recharge these devices on the fly with targeted radio waves. The setup is intended to help power everything from hearing aids to smart speakers, from a distance. Our DataPoint team has a graphic breaking down how exactly such offerings would work. View the full Datapoint graphic here. Want to add DataPoint to your Pro account? Learn more.

SILICON VALLEY MUST-READS —

— Tech and antitrust: The Wall Street Journal examines the case for breaking up big tech.

— Lawmakers urge AT&T to curb ties with Huawei: “U.S. lawmakers are urging AT&T Inc, the No. 2 wireless carrier, to cut commercial ties to Chinese phone maker Huawei Technologies and oppose plans by telecom operator China Mobile Ltd to enter the U.S. market because of national security concerns, two congressional aides said,” Reuters reports.

— Uber imposes breaks in UK: “Uber said on Tuesday its British drivers will have to take a six-hour break after they have accepted and made trips with passengers totaling 10 hours as the taxi app responds to criticism over excessive working hours,” Reuters reports.

TRANSITIONS — Chris Dodd, former Motion Picture Association of America chairman and Connecticut senator, is now senior counsel at Arnold & Porter Kaye Scholer LLP, where he’ll focus on an array of subjects including intellectual property, data privacy and telecommunications.

SO HIPSTER YOU CAN’T EVEN SEE THEM — Hipster antitrust isn’t the only thing Sen. Orrin Hatch (R-Utah) is calling out these days. The lawmaker’s Twitter account offered up a shoutout to hipster eyewear company Warby Parker, after a clip of the senator adjusting a pair of nonexistent glasses made its way across the interwebs. “Oh you mean his invisible glasses from Warby Parker?” Hatch’s account joked. “They're new, you've probably never heard of them.”

QUICK DOWNLOADS

Activists press for SESTA (S. 1693 (115)) vote: A collection of groups including the National Center on Sexual Exploitation and Equality Now are urging Senate Majority Leader Mitch McConnell (R-Ky.) and Assistant Majority Leader John Cornyn (R-Tex.) to bring the anti-sex-trafficking bill to a floor vote, in a letter. During a visit to the Capitol last Thursday, activists also pushed for consideration of the bill.

Tech insiders offer Facebook critiques: A former employee and early investor in the company sit down with NBC News and detail critiques about the company’s focus on user growth.

Apple supplier called out for poor working conditions: “These conditions -- some described in a report Tuesday by advocacy group China Labor Watch and others in Bloomberg News interviews with Catcher workers -- show the downside of a high-tech boom buoying the world’s second-largest economy,” Bloomberg reports.

Tips, comments, suggestions? Send them along via email to our team: Eric Engleman ( [email protected], @ericengleman), Angela Greiling Keane ( [email protected], @agreilingkeane), Nancy Scola ( [email protected], @nancyscola), Margaret Harding McGill ( [email protected], @margarethmcgill), Ashley Gold ( [email protected], @ashleyrgold), Steven Overly ( [email protected], @stevenoverly), John Hendel ( [email protected], @JohnHendel) and Li Zhou ( [email protected], @liszhou)

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