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How to Strengthen the FCC’s Proposed Net Neutrality Protections by Closing Loopholes and Matching the 2015 Open Internet Order

The Federal Communications Commission is looking to restore net neutrality for all Americans. The FCC published its proposal, a so-called Notice of Proposed Rulemaking (NPRM), in October 2023. The comments period ended in mid-January. A vote is expected in late April. Read more about How to Strengthen the FCC’s Proposed Net Neutrality Protections by Closing Loopholes and Matching the 2015 Open Internet Order

FAQs about the NetChoice Cases at the Supreme Court, Part 1

The Supreme Court is about to review a constitutional challenge to two unprecedented and very complicated laws regulating social media. The laws were enacted by Texas and Florida in order to counter “censorship” and alleged anti-conservative bias of major Internet platforms like Facebook or YouTube. Both laws have “must-carry” rules that restrict platforms’ ability to moderate content under their preferred editorial policies, and “transparency” rules including requirements for platforms to notify users when their posts have been moderated. Read more about FAQs about the NetChoice Cases at the Supreme Court, Part 1

Tool Without A Handle: Are You Not Trained?

Tool Without a Handle: Are You Not Trained?

This post takes up the questions of how copyright law may impact the development and commercialization of Artificial Intelligence ("AI") tools, given their use of other people's data, generally without prior notice or permission. While litigation on these issues is still moving through the courts, it is possible that even straight reproductions of protected content by AI tools will be deemed lawful "fair use." But there's much to argue for not resting the future of AI on that prospect, and instead to there's also much to offer in a voluntary, self-regulatory scheme, similar to how protected works are licensed and made broadly available through music licensing processes that allow licenses for public performances of copyrighted songs. Read more about Tool Without A Handle: Are You Not Trained?

Patchwork AI Regulations

Introduction

Where’s Waldo LLC (“Waldo”), your U.K. based digital advertising company, just got funded. Wonderful news! But it also just received a notice from the California Attorney General. Not wonderful. Why did you receive it? In the AG’s view, Waldo has been doing business in California since 2019. Along the way, Waldo’s AI has been scraping and storing digital personality profiles of 100,000 California residents. The software then creates visual representations of this data for licensing to brands like Nike. Nobody told you that California’s Consumer Privacy Act (“CCPA”) regulates the collection of such information. Until now. Read more to learn about some of the laws in the U.S. and beyond that regulate AI. Read more about Patchwork AI Regulations

FCC starts process to bring back common sense net neutrality protections and broadband oversight

On Thursday, the FCC Commission voted 3-2 to adopt a Notice of Proposed Rulemaking asking for comments on the FCC’s plan to restore net neutrality.

Here’s my statement:

“I’m pleased that the FCC started the process to bring back net neutrality for all Americans and restore its oversight over the companies we pay to get online.  Read more about FCC starts process to bring back common sense net neutrality protections and broadband oversight

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