A proposed Massachusetts ballot initiative designating gig drivers as independent contractors was nixed by a state court that deemed it an attempt to avoid liability by companies like Uber and Lyft in the event of accident or crime. The Tuesday ruling effectively halted a $17.8 million campaign in support of a bill the Massachusetts Supreme Judicial Court said violates the State Constitution, with hidden language excepting drivers from being “an employee or agent” of a gig company. The move is the latest in a series of skirmishes between gig companies and local governments.  Continue reading Massachusetts Court Objects to Gig Worker Ballot Measure

A debate as to whether cryptocurrencies are more like commodities than securities is playing out in Washington, with Senators Cynthia Lummis (R-Wyoming) and Kirsten Gillibrand (D-New York) introducing legislation to regulate them like commodities. If passed, the bill would put digital currency under the regulatory purview of the Commodity Futures Trading Commission (CFTC) rather than the Securities and Exchange Commission (SEC), a win for the crypto sector, which prefers the smaller agency. SEC chair Gary Gensler takes the position that digital assets are akin to publicly traded stock and should be regulated by the SEC.
Continue reading Senate Cryptocurrency Bill Could Be a Victory for Blockchain

Big Tech is pulling out all the stops to prevent Congress from signing the American Innovation and Choice Online Act (AICO) into law before the midterm elections. Amazon and Alphabet have rallied forces in opposition to the antitrust measure whose principal goal is to halt “self-preferencing,” or the ability of online giants to use their market strength in one area to help boost sideline subsidiaries through preferential treatment. For instance, Alphabet using its wholly-owned search engine Google to promote its own shopping or travel products. Continue reading Big Tech Fights Antitrust Bill as Congress Moves Toward Vote

The New York state legislature has passed the nation’s most comprehensive “right to repair” bill, the Digital Fair Repair Act. The DFRA requires original equipment manufacturers to make available to independent repair providers and consumers existing diagnostic and repair information and tools for digital electronic parts and equipment. The measure, which awaits Governor Kathy Hochul’s signature, affects all manufacturers selling digital products in New York state. “Where before, manufacturers could push consumers to use manufacturer-authorized shops, now they’ll have to compete,” said indie repair chain iFixit. Continue reading New York State Legislature Passes Broad Right to Repair Law

Seattle’s City Council has unanimously passed the “Pay Up” bill, designed to improve working conditions and compensation for on-demand gig workers, increasing wages and mileage reimbursement for the region’s app-based labor pool. Beginning in 2023, apps including DoorDash, Grubhub and Uber Eats will be required to pay delivery drivers per-minute and per-mile rates, with the clock ticking the minute the drivers accept an order. Pay Up is the first step in Seattle’s ongoing effort to protect app-based workers, which one councilmember called “one of the fastest growing sectors in our economy.” Continue reading Seattle ‘Pay Up’ Legislation Created to Support Gig Workers

The Supreme Court has blocked a Texas law banning major social media platforms from exercising editorial discretion to remove posts that violate community guidelines. Voting on the unsigned Supreme Court order was 5 to 4. Big Tech lobbying groups NetChoice and the Computer & Communications Industry Association requested the emergency halt. Their application was filed after the U.S. Court of Appeals for the 5th Circuit in May issued a stay that effectively reinstated the law. In December, U.S. District Court Judge Robert Pitman hit pause on the legislation, HB 20, on First Amendment grounds. Continue reading Supreme Court Blocks Texas Law Moderating Social Speech

President Biden kicked-off his three-day visit to South Korea with a trip to a Samsung Electronics semiconductor plant, emphasizing an interest in strengthening supply chains and boosting competition with China in the technology sector. Biden remarked that the U.S. wants to shore-up business ties with allies including South Korea to offset the influence of  “countries that don’t share our values.” Located in Pyeongtaek, the plant churns out some of Samsung’s most advanced memory chips and is the largest semiconductor manufacturing facility in the world. South Korean President Yoon Suk-yeol was present, marking the pair’s first in-person visit. Continue reading Biden Visits a Samsung Semiconductor Plant in South Korea

Senator Michael Bennet (D-Colorado) has introduced a new bill, the Digital Platform Commission Act, which proposes the establishment of a five-person commission to protect consumers in the Big Tech era. This, even as attorneys for groups representing Facebook and Twitter on Friday filed with the U.S. Supreme Court an emergency request to block Texas House Bill 20. The companies argue the law compels social platforms to disseminate propaganda and misinformation, including racist and pro-Nazi screeds. Calling HB 20 “an assault on the First Amendment,” the companies claim its implementation could undo billions in development. Continue reading Legislators Continue Their Scrutiny of Big Tech, Social Media

A U.S. district judge in New York has established a new front in the anti-piracy war, ruling that a long list of domestic ISPs must block three Israeli websites found to be in violation of copyright law. Judge Katherine Polk Failla ordered the ISPs to block the sites Israeli-TV.com, Israel.tv and Sdarot.tv, and also any domains known to be “used in the future … by any technological means available.” Also affected are web hosting service providers, web designers, domain registrars and advertising companies, now banned from doing business with the sites. Continue reading Site Blocking Gaining Steam Globally as Anti-Piracy Measure

The European Parliament and EU member states reached agreement Saturday on the proposed Digital Services Act, which aims to hold Big Tech accountable for “illegal and harmful content” and “provide better protection for Internet users and their fundamental rights, as well as define a single set of rules in the internal market.” Calling the DSA “historic, both in terms of speed and of substance,” European Commission President Ursula von der Leyen added, “the greater the size, the greater the responsibilities of online platforms.” Companies like Facebook, YouTube, TikTok and others will be forced to hold the line against dangerous content and misinformation or face stiff fines. Continue reading EU Advances Digital Services Act to Hold Tech Accountable

Antitrust legislation pending in the U.S. and European Union is at odds with consumer privacy initiatives in those territories, Apple CEO Tim Cook told attendees of the IAPP Global Privacy Summit 2022 in Washington, D.C. on Tuesday. Speaking out against proposed “gatekeeper” rules, Cook warned that “when companies decide to leave the App Store because they want to exploit user data, it could put significant pressure on people to engage with alternate app stores — app stores where their privacy and security may not be protected.” Continue reading Proposed Antitrust Laws a Privacy Disaster Warns Tim Cook

Federal Trade Commission chair Lina Khan says it’s time for the FTC and Congress to deliver on consumer privacy protection, legislating to ensure that consumers don’t have to surrender personal data in order to enjoy online tools that are essential to everyday life. Speaking Monday at the IAPP Global Privacy Summit 2022 in Washington, D.C., Khan emphasized creating “substantive limits rather than just procedural protections” when it comes to personal data. Meanwhile, Big Tech did its own lobbying on behalf of consumer privacy. Continue reading FTC Chair Khan Calls for Privacy Rules and Data Limitations

Washington policymakers have identified stablecoins as the initial target for stricter cryptocurrency regulation. Stablecoins — which are backed by a reserve asset — are booming due to investors using them to trade among other cryptocurrencies. The stablecoin sector grew by about 500 percent in the 12-month period ending October 31, according to a report issued by the Biden administration. While there are four basic types of stablecoin, the ones collateralized by fiat currency — and specifically the U.S. dollar — is by far the most popular. A bipartisan effort exists to create safeguards ensuring one stablecoin is expeditiously redeemable for one dollar. Continue reading U.S. Lawmakers Target Stablecoin in Cryptocurrency Debate

Senators Thom Tillis (R-North Carolina) and Patrick Leahy (D-Vermont) introduced the SMART Copyright Act of 2022, bipartisan legislation they say will “hold tech accountable by developing effective, widely-available measures to combat copyright theft.” While intellectual property owners see the proposal as a positive step to protect creators, critics view it as a potential threat to free speech. Essentially an update to 1998’s Digital Millennium Copyright Act, SMART allows the U.S. Copyright Office to create standard technical measures (STMs) to protect rightsholders through a filtering system implemented by online hosting platforms. Continue reading SMART Copyright Act Updates DMCA in Fight Against Piracy

The EU is preparing to finalize its Digital Markets Act (DMA) designed to neutralize Big Tech’s gatekeeper status by leveling the playing field with smaller competitors. The DMA, which could be completed by month’s end, has ramifications for Amazon, Google and parent Alphabet, and especially for Apple, which faces what some describe as an existential threat through provisions that would allow software to be downloaded outside the App Store and third-party payment systems inserted on apps, known as “sideloading.” Failure to comply could carry fines and penalties totaling tens of billions of dollars. Continue reading EU Digital Markets Act Poised to Compel Apple ‘Sideloading’