Articles Posted in Communications Law

The New York Times has filed a lawsuit against the Federal Communications Commission (FCC) over the FCC's ongoing refusal to adequately respond to FOIA requests. When the FCC's website was soliciting public comments over the controversial net neutrality policies last year, it received an alarmingly high number of comments from ostensibly fake accounts. The New York Times alleges that it has requested under the Freedom of Information Act (FOIA) the traffic details for that notice-and-comment period and that the FCC has failed to respond to multiple requests. In its complaint, the New York Times claims that the release of the "records . . . will shed light on the extent to which Russian nationals and agents of the Russian government have interfered with the agency notice-and-comment process about a topic of extensive public interest: the government's decision to abandon 'net neutrality.'"


A California appeals court has ruled in favor of Twitter in confirming that it is protected from liability by section 230 of the Communications Decency Act in deciding what content should be allowed on its platform. Jared Taylor, a publisher of white nationalist content, was permanently kicked off of Twitter in December following the company's announcement that it planned to more closely scrutinize users promoting violence. Taylor subsequently sued Twitter for banning him and his publication from its platform, and while the trial court threw out two of his claims, it allowed his unfair competition claim to go forward.


President Trump today issued an order prohibiting Broadcom's proposed take over of Qualcomm on national security grounds. The President cited “credible evidence” that leads him to believe that Broadcom (a company organized under Singaporean laws) “might take action that threatens to impair the national security of the United States.”


The Ninth Circuit denied AT&T's motion to dismiss an action brought by the FTC to hold the communications company accountable for allegedly "throttling" consumer data. This practice may have affected 3.5 million consumers on 25 million different occasions.