Today, Public Knowledge filed an amicus curiae brief in two cases challenging unconstitutional state laws: Moody v. NetChoice (Florida) and NetChoice v. Paxton (Texas). (As the two cases raise similar issues, the Supreme Court is having them argued together.)

The brief demonstrates that social media platforms cannot be designated as “common carriers” as a way for politicians in those states to promote the speech of their political allies at the expense of social media users nationwide, and that forbidding social media platforms from enforcing their content moderation policies violates the First Amendment.

The following may be attributed to John Bergmayer, Legal Director of Public Knowledge:

“In a fit of anger directed at those whose politics they disagree with, the states of Texas and Florida enacted laws designed to promote the speech of their political allies, by making it illegal for social media platforms to enforce their content moderation policies. They claim that these laws promote free speech. In fact, these unconstitutional efforts violate the First Amendment many times over and would harm social media users nationwide. 

“These laws would harm and silence vulnerable social media users nationwide, and would mandate that social media platforms publish and distribute Holocaust denial, white supremacist content, dangerous medical misinformation, lies about the time and place of elections, and more. To the extent that the states deny this would happen, they simply misunderstand – or misrepresent – their own laws. 

“The states purport to designate certain social media platforms – the ones whose editorial policies they disagree with – as “common carriers,” a legal category applicable to transmission services like broadband and telephone service. As leading advocates for common carriage treatment of infrastructure services like broadband providers, Public Knowledge’s brief explains how the states misunderstand and misapply this legal category, and how this transparent effort to bypass the Constitution and decades of Supreme Court precedent fail.”

You may view the brief for more information.

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In August, Public Knowledge published a perspective on Missouri v. Biden, a lawsuit brought by the attorneys general of Louisiana and Missouri arguing that the Biden administration improperly coordinated with social media companies to censor conservative viewpoints under the guise of anti-misinformation campaigns. Our position is that while we must ensure that platforms are not under undue or inappropriate pressure from the government, decisions that restrict informed, independent, and responsible content moderation will likely lead to the further deterioration of our information ecosystem.  

The case has seen several twists and turns since then, and they show more clearly the plaintiffs’ intent. As background: Based on an analysis colorfully described by a prominent First Amendment scholar as “a dog’s breakfast,” in early September the Fifth U.S. Circuit Court of Appeals upheld but also significantly narrowed a lower court’s injunction freezing communications between social media companies and large swaths of the federal government. The Fifth Circuit decision meant, among other things, that only the White House, the Surgeon General, the CDC, and the FBI were subject to the preliminary injunction. 

The plaintiffs quickly asked the Fifth Circuit to revisit its decision. In particular, they wanted the court to maintain the preliminary injunction against the Cybersecurity and Infrastructure Security Agency (CISA) and the State Department’s Global Engagement Center, and the prohibition against federal officials collaborating with the Election Integrity Partnership (EIP). What do these particular organizations have in common? They work to protect election information integrity. The appeals court substituted an opinion in which CISA – and only CISA – was additionally subject to the Louisiana court’s preliminary injunction. It did not explain why it had changed its mind. 

The Supreme Court, having already issued and extended a stay on the previous version of the modified order, granted a temporary stay on this one, as well. It was a response to an application from the Solicitor General, on behalf of Surgeon General Vivek H. Murthy, that described the lower court’s actions as “novel,” “unbounded,” “startling,” “radical,” and “ill-defined” (among other things). Justices Alito, Thomas, and Gorsuch dissented. 

The Supreme Court subsequently agreed to hear what is now Murthy v. Missouri during its 2023–24 term. The Court also lifted the injunction, which means all federal agencies can continue to collaborate with social media platforms to inform their content moderation policies and procedures. We hope the Supreme Court’s eventual decision will preserve these freedoms. Again, although we agree platforms must not be inappropriately pressured by the government, collaboration with specialized agencies with distinct expertise and information is necessary to ensure informed content moderation in the public interest. 

In our view, this case is about much more than past content moderation decisions in regard to the pandemic and Hunter Biden’s laptop. One year out from the next national election, motivated plaintiffs are determinedly asking courts to disallow government national security agencies from collaborating with researchers whose stated aims are to “strengthen platform standards for combating election-related misinformation.” We believe the plaintiffs’ aim is to use every political and legal tool at their disposal to preserve the ability to use networked disinformation as a political strategy.

In fact, the Supreme Court case is only one manifestation of an orchestrated effort to equate government collaboration with platforms with “censorship,” in the interest of chilling platform content moderation and academic research about it. Documents from the discovery process in Missouri v. Biden have been the basis of hearings and angry letters from legislators making the discredited point that informed platform content moderation represents targeted suppression of conservative political viewpoints. The impact on election information integrity efforts has been well-documented: stalled coordination, reductions in research investments, and chilling of platform content moderation that will increase the likelihood of either foreign or domestic manipulation of U.S. elections. Now new philanthropic funds are starting up to provide  researchers who receive subpoenas for information relating to their research with legal advice. 
Taken together, as one recent research paper noted, “…it is difficult to avoid the realization that one side of politics – mainly in the U.S. but also elsewhere – appears more threatened by research into misinformation than by the risks to democracy arising from misinformation itself.”  The Supreme Court’s decision in Murthy v. Missouri could help us avoid the latter.

The post A Supreme Court Ruling in Murthy v. Missouri Could Help – or Hinder – Democracy Next Year appeared first on Public Knowledge.

Today, the Federal Communications Commission voted to approve a Report and Order to help survivors of domestic violence cut ties with their abusers and separate from shared wireless phone plans, which can be exploited to monitor, stalk, or control victims. The Order adopts rules to implement the “Safe Connections Act” to support survivors and shield their call privacy. Public Knowledge commends the agency for taking steps to make it easier for survivors to escape abuse.

The following can be attributed to Nicholas P. Garcia, Policy Counsel at Public Knowledge:

“One of the horrors of abuse is the isolation and disconnection that survivors can experience. These rules help ensure that our communications services are working to protect and empower survivors of domestic violence, enabling them to connect to their loved ones and the vital services they need.

“Implementing the Safe Connections Act enables safe and secure line separation processes; allows for safer access to critical support resources by omitting calls to sensitive phone numbers from consumer-facing call records; improves protection against disconnection; and provides financial support through the Lifeline program to ensure that survivors can remain connected.

“The Commission has taken important steps to lower the barriers for survivors to access essential communication services but there is more to do. These rules only allow for survivors to self-certify their status to service providers if explicitly allowed by a state law. We call upon every state to follow the example set by New York and stand with the survivors of domestic violence by acting swiftly to enable self-certification.

“These rules also highlight how communications subsidy programs like Lifeline are, quite literally, lifelines for some of the most vulnerable among us. We need to enable greater access to communications services through programs like the Affordable Connectivity Program. If Congress wants to continue to protect the survivors of domestic violence and other marginalized people, they should expand the Safe Connections Act to include ACP and ensure that ACP remains fully funded.”

You may view our previously filed comments for more information.

The post Public Knowledge Applauds FCC Action To Protect Survivors of Domestic Violence appeared first on Public Knowledge.

Today, the Federal Communications Commission voted to approve a Report and Order and Further Notice of Proposed Rulemaking to set rules to end digital discrimination and promote equal access to broadband.

The bipartisan “Infrastructure Investment and Jobs Act of 2021” requires the FCC to adopt rules to prevent broadband providers from discriminating on the basis of “income level, race, ethnicity, color or national origin.” Congress adopted this provision in response to numerous reports that ISPs investing millions to deploy fiber were refusing to invest in low-income neighborhoods and communities of color. The statute requires the FCC to issue final rules by this month.

Public Knowledge has urged the FCC to adopt strong rules and to use the disparate impact standard. Public Knowledge is pleased to see the Commission adopt the disparate impact standard and a strong overall framework for future enforcement.

The following can be attributed to Harold Feld, Senior Vice President at Public Knowledge:

“Two years ago, Congress explicitly found that ‘the digital digital divide disproportionately affects communities of color, lower-income areas… and [that] the benefits of broadband should be broadly enjoyed by all.’ In response, Congress swiftly moved to fight digital redlining – the practice of broadband providers systemically underinvesting in communities of color and lower-income communities – by requiring the FCC to create rules ending this behavior by November 15, 2023.

“Today, the FCC adopts a framework that enacts this promise for the American people. With vigorous enforcement, today’s rules will connect more families denied high-speed broadband access simply because of who they are and where they live. We commend the FCC for taking yet another step toward closing the digital divide so that more people can benefit from broadband, a service essential for our modern lives. We applaud Chair Rosenworcel for her commitment to, in the words of the statute, ‘ensuring that all people of the United States benefit from equal access to broadband.’

“But while these rules create a strong framework, nothing will change without vigorous enforcement. We look forward to seeing this FCC move quickly to set a strong precedent that future Commissions must follow.”

You may view our previously filed comments with the FCC to end digital discrimination. For more proof on why these rules are necessary, view the latest findings from Connect Your Community in Cleveland, Ohio, to see first-hand how low-income people experience digital discrimination.

The post Public Knowledge Hails Landmark FCC Rules Ending Digital Discrimination appeared first on Public Knowledge.

Today, the Biden administration unveiled its National Spectrum Strategy to secure the future of U.S. wireless policy and innovation. The United States has not had a spectrum strategy since 2017, when the Trump administration withdrew the Obama administration policy. Since then, interagency feuds, such as the fight between the Federal Aviation Administration and the Federal Communications Communication that nearly shut down air travel in January 2022, have undermined wireless innovation and deployment.

In addition to creating new coordination processes between federal users, the FCC, and the private sector to prevent these fights in the future, the plan also identifies the problem that our pipeline of spectrum engineers and other segments of the wireless workforce has dwindled. The plan proposes a taskforce to increase and diversify the spectrum workforce, creating good jobs available to all regardless of race or gender. The plan will also study ways to improve commercial access to federal bands without disrupting federal operations.

The following can be attributed to Harold Feld, Senior Vice President of Public Knowledge:

“Spectrum fuels our innovation economy. The more smart devices that depend on constant connectivity, the more spectrum we need to keep them connected. Everything – from driverless cars to the various smart devices in your home – requires more spectrum. The plan released today will secure our digital future by eliminating the structural problems that hold back U.S. wireless innovation.

“For six years, the United States has lacked a comprehensive spectrum strategy. This lack of a national plan has created increasing tensions between the FCC’s efforts to meet our ever-expanding need for wireless capacity and federal agencies trying to carry out vital missions from weather forecasting to national security. These tensions, in turn, have compromised our ability to develop new wireless technologies and undermined our ability to maintain global leadership.

“We applaud the new spectrum strategy and urge all participants in the wireless economy to support implementation immediately.”

You may view our comments filed with the National Telecommunications and Information Administration in response to the agency’s Request for Comment on developing a national spectrum strategy.

The post Public Knowledge Commends Biden Administration for Bold, New National Spectrum Strategy appeared first on Public Knowledge.

Public Knowledge President and CEO Chris Lewis testified before the U.S. Senate’s bipartisan AI Insights Forum on privacy and liability Wednesday, November 8 at 2:30 p.m. His testimony urges Congress to establish a regulatory framework – including a comprehensive federal privacy law – to ensure that AI transforms society for the better.

His testimony specifically argues for passing the “American Data Privacy and Protection Act,” a bipartisan bill establishing a national standard to protect consumer data privacy. Such a bill would minimize the amount of personal data collected, give people rights over their data, encourage competition, and integrate important civil rights protections. As the testimony explains, a digital regulator equipped with the expertise and authority over algorithmic decision-making, AI systems, and the digital platforms that incorporate them would also help ensure that any regulation of AI remains effective.

The following is an excerpt from the testimony:

“We know that AI has the potential to transform society for the better; but that can only happen if an appropriate regulatory framework is in place. The first step of that framework should be to enact a comprehensive federal privacy law. 

“Luckily, Congress does not need to start from scratch here. The House of Representatives, under Reps. McMorris Rodgers and Pallone’s leadership, has created a bipartisan proposal [called ADPPA]… that would minimize the amount of personal data collected, would give people rights over their data, encourage competition, and integrate important civil rights protections. A well-crafted comprehensive data privacy law, like ADPPA, would also encourage more competition in AI.

“[We] know that this particular Insight Forum is also interested in questions of who bears responsibility when these systems cause harm. First, we should look to the harm to see if there is an existing liability regime that applies. AI is found in so many systems and products that we should avoid creating ‘AI policy’ where existing policy is sufficient. Second, end users cannot and should not be responsible for structural or endemic harms caused by these systems. Given the opacity of AI, end users will only sometimes be in a position to mitigate harms, therefore, liability should rest with the developers of, and platforms deploying, these AI. 

“Finally, any regulation of AI will only be as effective as the government’s sustained ability to understand and enforce it. An expert regulatory agency for digital platforms… can and should include expertise and authority over algorithmic decision-making, AI systems, and the digital platforms that incorporate them. A digital regulator could use its expertise to support cross-government understanding of the development of AI as other agencies apply their existing authority to the use of AI systems. A digital regulator could also develop liability safe harbors for AI systems, when appropriate.”

You may view the testimony.

The post Public Knowledge President and CEO Chris Lewis Testifies Before Senate AI Insights Forum on Privacy and Liability appeared first on Public Knowledge.

Today, NTIA announced that it will loosen Letter of Credit (LOC) requirements for the $42.5 billion Broadband Equity Access Development (BEAD) infrastructure funding program and provide more options for eligible organizations to demonstrate their financial qualifications for completing the broadband infrastructure funded by the BEAD program. 

Previously, under the BEAD Notice of Funding Opportunity (NOFO), subgrantees receiving state funds would be required to provide a letter of credit for 25 percent of the total project, an amount that would severely limit the ability for smaller broadband providers and community-based partnerships to qualify compared to national incumbent carriers. On September 6, 2023, Public Knowledge joined other allies in a letter highlighting this barrier to smaller competitive carriers and trusted local entities from participating in the BEAD program. The adjustments to the LOC requirement would provide alternatives to these smaller players that would allow them to compete with the largest broadband providers, through the use of performance bonds and intermediate credit milestones that require less up-front capital, and by permitting letters of credit from credit unions with stronger relationships to local organizations.

The following can be attributed to Chris Lewis, President and CEO of Public Knowledge:

“The changes made to the BEAD program today are important steps to ensure competition for these infrastructure dollars, and to ensure that some of the most trusted organizations in local communities can join in the goal to connect all Americans to quality high-speed broadband. Before today, small organizations would need to put up millions of dollars to even qualify for the grants from states and other eligible entities. This may be easy for a national incumbent, but not for small local providers or community partnerships. In many communities, the smallest carriers are the only providers who choose to provide service, rather than national names like Verizon or Comcast. The small companies who have taken the risk to serve outside major metropolitan areas should be given a chance to do so for more communities. The changes made to the BEAD program LOC requirement today will provide affordable options for credit and participation. States and other eligible entities will also continue to have the option to seek waivers from these requirements if they fit the needs of their communities. We are grateful for the swift action by Administrator Alan Davidson and the NTIA team to this technical, but important issue.”

The post Public Knowledge Applauds Changes to Credit Requirements for BEAD Funding appeared first on Public Knowledge.

Today, President Biden signed an Executive Order that would harness the benefits of artificial intelligence, while requiring important protections for Americans that are affected by these systems. This Executive Order builds on the AI Bill of Rights and Advancing Racial Equity Order to advance civil rights in the digital age. Public Knowledge is pleased to see the order address such important issues as privacy, promoting competition, and responsible AI development and deployment.

The following can be attributed to Chris Lewis, President and CEO of Public Knowledge:

“We are happy to see this administration continue its important work to ensure that any advancements in artificial intelligence benefit Americans as a whole, rather than the select few. It is important to create the right set of incentives that encourages innovation while minimizing risks to safety, preventing discrimination, and supporting labor. While this Executive Order is an important first step, its impact is limited to the power of the federal agencies to lead by example through procurement and research. We hope to see Congress continue its work in developing a robust regulatory framework for AI. This would include passing a comprehensive privacy law, stronger antitrust protections, and an expert regulatory agency with the resources and authority to keep up with the pace of innovation.”

The post Public Knowledge Applauds White House Executive Order To Safeguard AI Development appeared first on Public Knowledge.

Public Knowledge hosts the Annual IP3 Awards to celebrate the work of those who have made significant contributions in the three areas of IP: Intellectual Property, Information Policy, and Internet Protocol. The awards help champion the advocates working diligently on behalf of the public interest to help everyone connect and communicate.

In 2023, we presented the Information Policy Award to Rep. Yvette Clarke, Senior Member of both the House Energy and Commerce Committee and House Committee on Homeland Security. As a national leader and daughter of Jamaican immigrants, she proudly represents the community that raised her by co-chairing the Congressional Caribbean Caucus and working to foster relationships between the United States and the Caribbean community. Congresswoman Clarke also serves as the Vice Chair of the Congressional Black Caucus.

We presented the Intellectual Policy Award to Betsy Rosenblat, Professor of Law at Case Western Reserve University Law School. Over a teaching career spanning many institutions, Professor Rosenblatt has taught courses including Copyright, Trademark, Patent, Intellectual Property, Video Game Law, Civil Procedure, and Law Review. After graduating from Harvard Law School, Prof. Rosenblatt practiced intellectual property litigation at the firm of Irell & Manella in Los Angeles, where she litigated copyright, trademark, and patent matters. In addition to being a professor, she is currently of Counsel to the firm of Kesselman Brantly Stockinger LLP and the (volunteer) Legal Chair of the Organization for Transformative Works, a nonprofit that advocates for fans and fanworks. You can watch her acceptance speech below.

Finally, we presented the Internet Protocol Award to Francella Ochillo, an attorney and public interest advocate who works to ensure that all Americans can benefit from advances in technology regardless of geography or income. Her work at Next Century Cities highlights the importance of making digital equity a foundational principle in broadband access and adoption program development. During her tenure as executive director, Francella elevated community-based perspectives in Federal Communications Commission, Federal Trade Commission, and National Telecommunications and Information Administration proceedings, memorializing the local impact of federal policy proposals.

In 2023, we also commemorated the work of Sherwin Lee Siy, a pillar of Public Knowledge for nearly 10 years and a passionate advocate for the openness of information in the digital era. His openness and enthusiasm as a mentor to young advocates left a lasting mark across the entire field. Please help us honor Sherwin Lee Siy’s legacy of activism and mentorship by supporting the next generation of policy advocates through an endowed fellowship in his name. With this fellowship, we intend to build upon Sherwin’s life work and to fundamentally transform how advocates in our field represent the growing diversity within this country. You can watch our video celebrating the Sherwin Lee Siy Memorial Fund below.

Learn more about past recipients of the Annual IP3 Awards or reach out to Michele Ambadiang, our Events and Development Manager, to become an official sponsor. View our photo album to experience more of this momentous event.

The post The 2023 Annual IP3 Awards appeared first on Public Knowledge.

Public Knowledge has the pleasure of inviting you to a multifaceted program focused on training and developing the next generation of tech policy experts and public interest advocates that reflects the diversity of voices and experiences in our society.

Please join us for our monthly Career Breakfast Series. This event is designed for students & recent graduates to learn about tech policy and public interest work, careers, and its community. This month you will have the opportunity to have a great conversation with Maria Kirby.

Maria Kirby joined The Walt Disney Company as Vice President of Government Relations after serving in a variety of public and private sector roles. She helps lead strategy and engagement throughout the federal government on all of Disney’s media and telecom policy interests, including enterprise spectrum needs for news delivery, park design and operations, and live performances.

Maria was most recently Senior Policy Counsel at Apple, where she represented the company on regulatory matters before the FCC, the FTC, and NTIA. During the Obama Administration, she served as legal advisor to FCC Chairman Tom Wheeler and as Senior Counsel for the New York City Office of Federal Affairs under Mayor Michael Bloomberg.

Join us on Friday, Nov. 3 @ 08:00 A.M. ET at The Gathering Spot in Washington, D.C.

This is a private event. However, if you know someone who would be interested in attending, please email michele@publicknowledge.org

The post Privileged Conversations | Nov. 2023 appeared first on Public Knowledge.

Today, the Federal Communications Commission voted to approve a Notice of Proposed Rulemaking to reinstate the agency’s Title II classification of broadband service – reopening the door for many important consumer protections that put people first, including strong net neutrality rules. Public Knowledge commends the FCC for moving ahead to restore net neutrality as well as create the proper authority allowing for commonsense consumer protections for broadband networks.

The FCC previously classified all broadband under its authority when it passed net neutrality rules in 2015 as part of the agency’s Open Internet Order, which barred broadband providers from throttling connection speeds, blocking websites, and accepting payment for prioritizing traffic. Millions of Americans expressed support for these rules by submitting comments with the FCC, but the agency, under the leadership of Chairman Ajit Pai, reversed the order in an unpopular 2017 repeal by abdicating authority over broadband completely – an unprecedented and unconscionable move that leaves consumers vulnerable to deteriorating broadband lines that have not been maintained or upgraded; some network traffic being blocked or throttled; and rising broadband prices. 

The following can be attributed to Chris Lewis, President and CEO at Public Knowledge:

“Today’s vote is an important start to restoring internet freedom and openness. Over the next few months, the FCC and the public at large will have an opportunity to look carefully at the benefits of having broadband included in the communications networks that fall under FCC authority. This commonsense classification is a no-brainer to the millions of Americans who want the FCC to work to ensure that all of us are connected to quality, affordable, open, and secure broadband networks. 

“Broadband is too important in the daily lives of every household, business, and community to leave oversight to the providers themselves, especially when they have virtual monopolies in most local communities. We all rely on broadband every day to connect with our jobs, our schools, our doctors, our essential government services, our families, and to start and build successful businesses. Only in Washington, where industry lobbyists have great influence, is the idea that broadband is an essential utility controversial. We have seen many reports of broadband providers throttling or prioritizing traffic since the FCC removed authority in 2017, including providers preferencing their own business over competitors in other services that ride over the network. It is time we have a regulator on the beat again. No broadband provider should control what legal websites and services you get to use when you pay for broadband service. We are grateful for the leadership of Chair Rosenworcel and her colleagues Commissioners Starks and Gomez for moving this proceeding forward.

“Now is the time for the public to take action. We look forward to filing detailed comments in the record on behalf of the public interest in the coming months. Many commenters have focused only on net neutrality protections, however, there are many important protections that Title II authority brings on behalf of the public, from network reliability, outage, and public safety standards, to looking at the important values of universal service, privacy, and competition and fair pricing. We are already creating resources for those who are unfamiliar with the many benefits of placing broadband under FCC authority. We encourage all members of the public to make their voice heard at the FCC and in Congress where legislators are watching closely. Your senators and representatives need to know that you support FCC authority over broadband to protect open, secure, and affordable broadband access.”

The post FCC Moves To Reinstate Title II Broadband Authority, Net Neutrality Rules appeared first on Public Knowledge.

Today, the Federal Communications Commission Chairwoman Jessica Rosenworcel circulated two Notices of Proposed Rulemaking to seek comment on rebates for consumers experiencing cable blackouts and to require cable operators to notify the agency of cable blackouts lasting more than 24 hours. Public Knowledge commends the agency for moving forward to protect consumers during cable blackouts.

The following can be attributed to John Bergmayer, Legal Director at Public Knowledge:

“The high frequency of cable blackouts should not normalize them. TV blackouts are a disruption to viewers, cutting them off from the channels and shows they pay for, and can be a major inconvenience if these blackouts coincide with major sports, news, or entertainment events. It’s good to see the FCC beginning to take action on this subject.

“Viewers enter into service agreements with their cable providers to access their favorite channels and shows. While it’s undeniable that content costs are soaring in today’s rapidly evolving media marketplace, cable providers’ efforts to cut costs should benefit subscribers first.  No one should have to pay for programming they are not receiving. The proposal to require refunds to customers for blackouts and lost programming will bring more fairness to subscribers if adopted by the Commission.

“Additionally, good policymaking hinges on accurate and comprehensive data. If adopted, the proposal to ensure that blackouts are documented will lay the groundwork for informed decisions that address the root causes of these disruptions.”

The post FCC Chairwoman Rosenworcel Moves To Protect TV Viewers During Blackouts appeared first on Public Knowledge.

Public Knowledge has the pleasure of inviting you to a multifaceted program focused on training and developing the next generation of tech policy experts and public interest advocates who reflect the diversity of voices and experiences in our society.

Please join us for our monthly Career Breakfast Series. This event is designed for students & recent graduates to learn about tech policy and public interest work, careers, and its community. This month you will have the opportunity to have a great conversation with Lateef Mtima.

Lateef Mtima is a Professor of Law at the Howard University School of Law, and the Founder and Director of the Institute for Intellectual Property and Social Justice, an accredited NGO member of the World Intellectual Property Organization (WIPO), which advocates for core principles of socially equitable access, inclusion, and empowerment in the development and implementation of the IP ecosystem.

A graduate of Amherst College and Harvard Law School, Professor Mtima has testified before Congress in support of legislation to promote IP inclusivity, including the Unleashing American Innovators Act, which President Biden signed into law on December 29, 2022. He is the author of numerous publications on IP law, including the co-editor/contributing author of the Cambridge Handbook on Intellectual Property and Social Justice (Cambridge University Press, forthcoming 2023).

Join us on Friday, Nov. 3rd @ 08:00 A.M. ET at The Gathering Spot in Washington, D.C.

This is a private event. However, if you know someone who would be interested in attending, please email michele@publicknowledge.org

The post Privileged Conversations | Nov. 2023 appeared first on Public Knowledge.

Each week, Public Knowledge competition policy experts watch the Department of Justice’s landmark U.S. v. Google case live from the E. Barrett Prettyman United States Courthouse. Due to very strict confidentiality rules from the court, you can’t watch or listen to the trial unless you are there in the building and following the court’s rules prohibiting using electronic devices. Join Vice President Charlotte Slaiman and Policy Counsel Elise Phillips for their recaps highlighting the main discussions as the trial continues.

This week, Microsoft CEO Satya Nadella grabbed headlines as the latest witness in U.S. v. Google. If Google planned to argue that ChatGPT’s introduction into the search market creates substantial competition for Google, Nadella was not the witness to validate that story. Yes, folks may remember his quote from that interview, “I hope with our innovation they [Google] will definitely want to come out and show that they can dance. I want people to know that we made them dance.” But under oath, Nadella explained that this was the “early exuberance” of “a 3% competitor excited he might become a 3.5% competitor.” Fundamentally, generative AI will mean big changes to the search market, Nadella said, but not in ways that change the incumbency advantage that Google has locked in with its exclusive default contracts. Any potential business customer that might be interested to set Bing as their default search engine because of its cool new feature would still have its Google exclusive contract to contend with. 

In fact, Nadella revealed another really concerning trend. Already he’s seeing ways in which large language models (LLMs), like ChatGPT, can be subject to a powerful anticompetitive moat that prevents new entrants from being able to compete. These models depend on large amounts of content as an input. Nadella told the court that publishers, the copyright holders of large amounts of content, are already granting exclusive licenses to Google as the only ones who are allowed to use their content to build generative AI models. 

The court also heard this week from Sridhar Ramaswamy, a former Google engineer and executive who went on to found a competing search engine called Neeva. Neeva had attempted to compete with Google, but eventually failed and had to shut down their search product. Judge Mehta asked a good question, “Why did you think you could compete with Google?” Ramaswamy explained, he thought he had a strategy to get around the default contracts, instead of making his revenue from advertising, Neeva was a paid subscription service. Unfortunately, even this unique strategy was not enough to overcome the default contracts: they were not able to become profitable quickly enough, and when interest rates changed, they couldn’t continue to operate at a loss.

The government questioned Joshua Lowcock, the Global Chief Media Officer of Universal McCann (UM), a media agency company. Lowcock has been previously critical of Google’s advertising practices, notably calling for Google to refund advertisers for allegedly charging companies for video ads that were skipped, a violation of Google’s internal ad policies. No surprises here, the focus of Lowcock’s testimony was Google’s dominance in search advertising.

Lowcock outlined the primary objectives for his clients in online search: advertisers may utilize different types of campaigns to attract consumers, whether it be search, display, shopping, video, or discovery advertising. These campaigns are designed to target consumers at different points up and down the purchase funnel — a marketing theory that describes various consumer states of mind leading up to the purchase of a product or service. Lowcock accurately described how search ads occupy a very specific place in the purchase funnel — when consumers are ready to buy. Display or video advertising are not able to reach consumers at that key moment, when they are ready to buy. That’s when consumers turn to search, and can only be reached by search advertising. With Google occupying almost 90% of the search advertising market, UM’s recommendations to clients are subject to Google’s black box auction pricing and sudden changes to their auction process. 

The states’ questioning focused on the type of tools that UM advises their clients to use when bidding on search terms or generating market analytics. Here, Lowcock’s statements were particularly compelling, as Google’s dominance in the search advertising industry impacts the Search Engine Marketing (SEM) tools that companies use to bid on key search terms and generate analytics of consumer and marketing trends. Clients are drawn to SEM tools like Marin, Kenshoo (recently rebranded as Skai), and Google’s own Search Ads 360, which is well-attuned to Google’s bidding framework. While Google is allowed to optimize its own products to integrate with other services within its own ecosystem, Lowcock pointed out that companies are not inclined to use more than one SEM. This commentary added an interesting dimension to the scope of Google’s dominance in the search advertising market, as it showed another dimension of search ad market that benefits the dominant players to the detriment of consumers. 

Google’s strategy in light of Lowcock’s testimony was two-fold: First, they endeavored to deconstruct and delegitimize the framework of the purchase funnel. Second, they aimed to prove that Google’s search advertising competes with “specialized search engines” such as Amazon or Walmart, and social media ads on Instagram or TikTok. However, the concept of the purchase funnel is widely shared across the marketing world, so the government should be able to point to additional sources to confirm it. And Lowcock was clear that advertisers view general search engines like Google and Bing as playing a very different role in their marketing strategies from other sites like Amazon and Walmart.

The post U.S. v. Google: Everyone Uses a Search Engine, Not Everyone Uses Social Media. Recapping Week 4 appeared first on Public Knowledge.

Today, the National Telecommunications Information Administration filed a letter with the Federal Communications Commission on behalf of the Biden administration urging the FCC to adopt strong rules to end “digital redlining” by requiring internet service providers to offer equal access to broadband throughout their entire service area. The bipartisan Infrastructure Investment and Jobs Act of 2021 requires the FCC to adopt rules to prevent broadband providers from discriminating on the basis of “income level, race, ethnicity, color or national origin.” Congress adopted this provision in response to numerous reports that ISPs investing millions to deploy fiber were refusing to invest in low-income neighborhoods and communities of color. The statute requires the FCC to issue final rules by this November. 

A major issue in the proceeding is whether a complaint must prove explicit intent to discriminate (a standard called “disparate treatment”) or whether it is enough to show a pattern of behavior that discriminates (“disparate impact”). Because it is often difficult to find evidence of explicit intent, most civil rights laws permit complainants to use the disparate impact standard. Civil rights advocates and public interest advocates, including Public Knowledge, continue urging the FCC to adopt strong rules and to use the disparate impact standard. The NTIA letter takes the same position.

The following can be attributed to Harold Feld, Senior Vice President at Public Knowledge:

“Today, the Biden administration takes a strong stand for digital equality for everyone. Following the COVID-19 pandemic, no one questions that broadband access is a ‘must have,’ not a ‘nice to have.’ But not all broadband is equal, and those without equal access to broadband suffer serious consequences. As our lives increasingly move online, the refusal of broadband providers to invest in networks in some neighborhoods while deploying fiber in others means that families only a few blocks from each other will be increasingly cut out of our digital future.

“Congress understood this. As part of its multibillion dollar investment of public money to close the digital divide, Congress ordered the FCC to create rules that will prevent this kind of discrimination and stop broadband providers from engaging in digital redlining. The Biden administration has now thrown its full support behind making sure that all Americans have the same opportunity to participate in our digital future. We expect that the FCC will adopt rules in November that reflect both this bipartisan Congressional command and the Biden administration’s commitment to end digital redlining and ensure equal access to broadband for all.”

The post Biden Administration Urges FCC To Adopt Strong Protections Against Digital Discrimination appeared first on Public Knowledge.

Public Knowledge is pleased to announce two additions and one change to our staff. First, Public Knowledge welcomes L’Allegro Smith, Government Affairs Policy Advocate, and Glenda Windsor, Office Manager, to the team. Mr. Smith will support the organization’s advocacy efforts to protect free expression online while Ms. Windsor will support the organization’s daily operations.

Prior to joining Public Knowledge, Mr. Smith served as Director of Community and Government Relations for HeadWaters Resort & Casino. He previously worked as a Legislative Assistant to Congressman Robert C. “Bobby” Scott. Mr. Smith also serves as President of the Virginia Air and Space Science Center Board of Directors and remains on the City of Alexandria’s Economic Opportunities Commission. Mr. Smith received his B.A. in American Studies from The College of William and Mary.

Ms. Windsor previously worked as an Office Manager at Segue Technologies, where she organized company events and guided new-hire orientations. Her responsibilities at Public Knowledge will encompass records management, financial oversight, and essential administrative support to the President and CEO.

Additionally, Public Knowledge is pleased to announce the promotion of Charlotte Slaiman, formerly the organization’s Competition Policy Director, to Vice President. In this role, Ms. Slaiman will oversee the organization’s policy team encompassing all issue advocacy at Public Knowledge in addition to spearheading the organization’s competition policy. Prior to joining Public Knowledge, Ms. Slaiman worked in the Anticompetitive Practices Division of the Federal Trade Commission. She also previously served as a Legislative Aide to Senator Al Franken. Ms. Slaiman received her J.D. from New York University School of Law and graduated with distinction with a degree in Government from the University of Virginia.

The following may be attributed to Public Knowledge President & CEO Chris Lewis:

“We are excited to welcome Glenda Windsor and L’Allegro Smith to the Public Knowledge team. Their additions will add to our capabilities both internally and externally. Glenda’s years of experience and organizing capabilities will make her a central part of Public Knowledge’s operations and will help all of our policy experts achieve their goals. L’Allegro’s knowledge of politics and policymaking among industry and on Capitol Hill will strengthen our government affairs team in its reach and effectiveness.

“I am also very proud to elevate Charlotte Slaiman to the position of Vice President. Charlotte’s expertise in antitrust and competition policy has made her one of Public Knowledge’s most sought-after experts. However, it is Charlotte’s dedication to organizational effectiveness and the development of our talented policy staff that has led to us increasing her management responsibilities beyond her core policy expertise. Charlotte has worked hard to grow as a policy leader and a manager over the years and I am confident that her leadership will be a tremendous help to me in strategically driving Public Knowledge’s work to preserve and ensure the public interest in our digital world.”

The post Public Knowledge Welcomes New Government Affairs, Office Management Support To Bolster Advocacy Efforts appeared first on Public Knowledge.

Today, Mozilla recognized Public Knowledge Vice President Charlotte Slaiman as a Rise25 recipient for her work fighting for a free and open internet. Mozilla assembled the Rise25 Awards to mark the organization’s 25th anniversary by celebrating the 25 individuals doing groundbreaking work to make the internet a better place for everyone. Recipients will be honored during Mozilla’s Reclaim the Internet five-day event in Berlin, Germany beginning October 13. Rise25 will celebrate Ms. Slaiman’s work over the next 12 months, highlighting her efforts to shape the regulations and policies that create a better internet for us all.

The following may be attributed to Public Knowledge President & CEO Chris Lewis:

“We’re thrilled to congratulate Charlotte on this well-earned recognition for her work fighting for a free and open internet that benefits everyone. In five years at Public Knowledge, Charlotte has led through her expert analysis and careful strategy to impact legislation and agency action to deliver smart, bold competition policy. Her tireless advocacy and innovative policy solutions have centered the public interest in every effort she undertakes to make the internet a better place for us all. Her work, including the mentorship and support she provides to junior advocates, champions our communities and puts people first. We can’t wait to see what she takes on next as a Rise25 awardee.”

The post Mozilla Recognizes Public Knowledge Vice President Charlotte Slaiman as Rise25 Awardee appeared first on Public Knowledge.

Public Knowledge has the pleasure of inviting you to a multifaceted program focused on training and developing the next generation of tech policy experts and public interest advocates who reflect the diversity of voices and experiences in our society.

Please join us for our monthly Career Breakfast Series. This event is designed for students & recent graduates to learn about tech policy and public interest work, careers, and its community. This month you will have the opportunity to have a great conversation with Mignon L. Clyburn.

Mignon is the principal of MLC Strategies, LLC. She served as Commissioner of the Federal Communications Commission (FCC) from 2009 to 2018, and as acting chair from May to November 2013.

During her nearly nine years at the FCC, Commissioner Clyburn was committed to closing persistent digital and opportunity divides that continue to challenge rural, Native, and low-wealth communities. Specifically, she pushed for the modernization of the agency’s Lifeline Program, which assists low-income consumers in defraying the cost of voice and broadband service, championed diversity in media ownership, initiated Inmate Calling Services reforms, emphasized diversity and inclusion in STEM opportunities, and fought to preserve a free and open internet.

Previously, Mignon served 11 years on the South Carolina Public Service Commission. Prior to that, she was the publisher and general manager of the Coastal Times, a family-founded, Charleston-based weekly newspaper focusing on issues affecting the African-American community. She is a graduate of the University of South Carolina and holds a BS in banking, finance, and economics.

Join us on Friday, Oct. 6 @ 08:00 A.M. ET at The Gathering Spot in Washington, D.C.

This is a private event. However, if you know someone who would be interested in attending, please email michele@publicknowledge.org

The post Privileged Conversations | Oct. 23 appeared first on Public Knowledge.

Today, Federal Communications Commission Chairwoman Jessica Rosenworcel delivered remarks at the National Press Club announcing a Notice of Proposed Rulemaking to reinstate the agency’s Title II classification of broadband service – reopening the door for many important consumer protections that put people first, including strong net neutrality rules.

The FCC classified all broadband under its authority when it passed net neutrality rules in 2015 as part of the agency’s Open Internet Order, which barred broadband providers from throttling connection speeds, blocking websites, and accepting payment for prioritizing traffic. Millions of Americans expressed support for these rules by submitting comments with the FCC, but the agency’s then-Chairman Ajit Pai reversed the order in the agency’s unpopular 2017 repeal by abdicating authority over broadband completely – an unprecedented and unconscionable move that leaves consumers vulnerable to deteriorating broadband lines that have not been maintained or upgraded; some network traffic being blocked or throttled; and rising broadband prices. 

Later, when the Pai FCC tried to prevent broadband consumer protections at the state level, the courts ruled that the agency can’t have it both ways. Either it has authority and conducts consumer protection, or it doesn’t have authority and must stay out of the way of state protections. Today’s announcement sets the FCC on a course to have national protections for broadband networks, after years of little to no action, due to the Pai FCC repeal.

The following can be attributed to Chris Lewis, President and CEO at Public Knowledge:

“I am happy to support Chairwoman Rosenworcel’s announcement of a proceeding to ensure the FCC has the proper authority to protect consumers over broadband networks. This is an issue that is long delayed settling because of the powerful influence of the largest cable and telecommunications companies in Washington. We need clear broadband authority at the FCC to be settled so that the Commission can do the work the American people expect from it.

“Americans understand as common sense what Washington elites continue to debate: Broadband is the essential communications utility network of the 21st century, like the telephone before it. We need an FCC that clearly accepts and asserts its authority to protect consumers in the broadband market. Most Americans have access to only one high-speed broadband provider, two if they’re lucky. These local monopolies require protections that Title II of the Communications Act was built to ensure over communications networks like phone, and now broadband. Without these protections, essential communications around health, education, employment, and public safety may not reach all Americans, or they may pay extra because of anticompetitive or discriminatory practices by the providers. 

“Without Title II authority, the FCC is left in a position where it must beg for pledges and promises from broadband providers to participate in closing the digital divide, rather than requiring it from these local monopolies. We saw this happen in both the Trump and Biden administrations when broadband providers pledged to maintain service for users during the pandemic and to offer a low-income broadband service, respectively. Without Title II authority, broadband providers can violate basic network neutrality nondiscrimination principles and control where you go online and what services you can use over broadband networks. We’ve seen this time and time again, from text messaging traffic to essential public safety communications. Without Title II authority, the FCC cannot enforce quality, reliability, and public safety standards for this essential communications network. We saw this in the 2010s when broadband providers replaced networks destroyed in hurricanes with sub-standard connectivity that left small businesses and residents in New York without many capabilities we take for granted today. 

“Why do Americans take network reliability, security, and openness for granted? Because for almost a century, the Communications Act has empowered the FCC to make sure that the network functions fairly, properly, and reaches all of us no matter where we live. This mandate is no different for broadband networks than it was for phones almost a century ago. Sadly, a lack of clear authority at the FCC has left many Americans with deteriorating, unreliable broadband infrastructure, deployment practices that discriminate against rural and low-income neighborhoods, anticompetitive data practices, and a Universal Service Program built for the phone instead of broadband access. We look forward to seeing this new broadband proceeding move quickly at the FCC so that the Commission has all the tools needed to ensure that all Americans have access to open, secure, reliable, and affordable broadband.”

The post FCC Chairwoman Rosenworcel Announces Plan To Reinstate Title II Broadband Authority, Net Neutrality Rules appeared first on Public Knowledge.

Today, the Federal Trade Commission and a bipartisan group of 17 state attorneys general filed an antitrust lawsuit against Amazon. The suit focuses on how Amazon has illegally maintained its monopoly in the online superstore market. The suit follows several years of Public Knowledge advocacy on the competition challenges posed by dominant digital platforms like Amazon, including its misuse of seller data to prop up its own products.

The following can be attributed to Charlotte Slaiman, Competition Policy Director at Public Knowledge:

“The FTC’s suit details how Amazon pushed sellers to raise prices on other platforms, causing consumers to pay more for the same products while making it difficult for other platforms to compete. As one of the most powerful internet gatekeepers, Amazon controls the playing field on which so many other companies compete. I’m glad to see the FTC using its tools of antitrust enforcement to work towards more competition and openness in e-commerce. This FTC complaint makes clear that consumers are facing a less competitive marketplace as a result of Amazon’s conduct. 

“In addition to the hard work that the FTC has done in this investigation and will do in litigating this case, we also need Congress to act. Aggressive enforcement at the FTC is an important part of how we build a fairer economy, but it will still be critical for Congress to pass new laws and rules to promote competition on and against dominant digital platforms like Amazon.”

The post FTC Antitrust Suit Against Amazon Highlights Gatekeeper Power appeared first on Public Knowledge.