Last week, the Arizona House of Representatives voted 31-29 to pass HB 2005, requiring app stores to allow app developers to use their own payment processing systems. Apple and Google, which have banned developers from doing so, have reaped 15-30 percent from every purchase made from an app in their stores. The bill’s House passage is considered a victory for the non-profit Coalition for App Fairness (CAF). To become law, the Arizona Senate has to approve the proposed legislation. Arizona governor Doug Ducey still has the option to veto it. Continue reading Arizona Bill Curbing Apple, Google App Stores Passes House

As the Australian law requiring Google and Facebook to pay publishers for content nears passage, news publishers in the European Union are urging legislators to copy that law. The European Publishers Council supports the Digital Markets Act (DMA) to be included in legislation, forcing binding arbitration if the two parties can’t agree on payments. In the U.S., Congress members intend to introduce legislation to make it easier for smaller news organizations to negotiate with Facebook, Google and other Big Tech platforms. Continue reading Europe Echoes Australia’s Call for Big Tech to Pay Publishers

Against strong pushback from Facebook and Google, Australia is on the cusp of passing a law proposed by the Australian Competition and Consumer Commission that would force both companies to pay publishers for the content on their sites. The two companies have taken significantly different paths in response to the looming law. Google debuted a three-year global agreement with News Corp to pay for content, and Facebook stated it would restrict users and publishers from viewing and sharing news links, effective immediately. Continue reading Facebook and Google Respond Differently to Australian Law

As incoming head of the Senate antitrust subcommittee, Senator Amy Klobuchar (D-Minnesota) renewed her call to legislate major changes to U.S. trust laws. Specifically, the legislation would prevent companies that dominate in a sector from purchasing other companies unless they can prove the deals don’t “create an appreciable risk of materially lessening competition.” Klobuchar suggested such changes in Congress’ previous session and Republicans largely rebuffed them. Democrat control of the Senate could improve the odds of passage. Continue reading Senator Klobuchar Calls for Tough New Antitrust Legislation

When Angela Bolger’s laptop caught fire due to a replacement battery she bought on Amazon, she suffered third-degree burns and filed a lawsuit against the popular e-commerce site. Amazon responded by providing a refund for the battery. Until recently, Amazon has successfully fought off such liability suits. The stakes are high since almost 60 percent of all physical goods on its site now come from third-party sellers. The courts have traditionally sided with Amazon, but recent cases from a few states are changing that trend. Continue reading Some States Say Amazon Is Liable for Third-Party Products

In Washington state, governor Jay Inslee just signed a law regulating facial recognition backed by Microsoft that could potentially be a model for other U.S. states. The law allows government agencies to use facial recognition but restricts it from using it for broad surveillance or tracking innocent people. It is more permissive than at least seven U.S. cities that have blocked government use of facial recognition technology due to fears of privacy violations and bias but stricter than states without such laws. Continue reading Washington Inks Facial Recognition Law Backed by Microsoft

In a rare bipartisan move, Democratic and Republican legislators joined forces to propose the Shop Safe Act, which would make e-commerce companies responsible for counterfeit products from China and other countries sold on their websites. The bill would focus on trademark liability for those fake products that impact consumer health and safety, such as pharmaceuticals and medical products, and would force e-tailers to more closely vet sellers and remove those who repeatedly sell counterfeits. Continue reading Bipartisan Bill Would Make Platforms Liable for Fake Products

Senate Judiciary Committee chair Lindsey Graham and senator Richard Blumenthal plan to introduce a law that could interfere with Big Tech’s ability to provide end-to-end encryption. The Eliminating Abuse and Rampant Neglect of Interactive Technologies Act of 2019 (EARN IT Act) targets the distribution of child sexual abuse material on platforms such as Facebook and Google, making them liable for state prosecution and civil lawsuits for user-posted content currently protected by Section 230. Continue reading Law Could Stoke Battle Between Congress and Silicon Valley

At the World Economic Forum in Davos, major tech players such as Alphabet, Apple, Facebook and Microsoft asked lawmakers for regulations they once fought. Facing antitrust probes and pushback on AI, privacy and encryption among other issues, these companies believe laws are inevitable and want to have a role in creating them. They also fear a patchwork quilt of global laws. Most recently, the Justice Department sparred with Apple over its request for help to unlock the iPhones of the Saudi Arabian naval trainee who killed three people in Florida. Continue reading Big Tech Firms Call For Regulation, Lobby Specific Policies

The Trump administration is cracking down on counterfeit products sold over the Internet, warning warehouse operators and e-commerce platforms such as Amazon that they will pay fines if they don’t help identify such products. The Department of Homeland Security released a report on the problem, and the White House in concert with U.S. Customs and Border Protection is leading the initiative. The recent trade agreement with China requires that country to curb counterfeiters or risk potential new tariffs. Continue reading White House Cracks Down on Counterfeit Goods Sold Online

The U.S. House Committee on Oversight and Reform held its third hearing in less than a year on facial recognition, planning to introduce legislation to regulate its use by the federal government, law enforcement and the private sector. Committee chair Carolyn Maloney (D-New York) stated the draft legislation will appear in the “very near future” and noted the need to “explore” the privacy protections already in place. Facial recognition is already in use with smartphones, job interviews and in airports. Continue reading Bipartisan Law Regulating Facial Recognition Being Planned

CTA director of regulatory affairs Rachel Nemeth, who moderated a CES panel on innovation and privacy, asked Baker Botts co-chair, antitrust group Maureen Ohlhausen to put the topic in historic context. “The Congressional debate on the Fair Credit Reporting Act (1970) brought forward many of the same issues we’re discussing today,” said Ohlhausen, who also served as a commissioner and acting chair of the FTC. “People were worried about computers and the use of their data. The FTC has long enforced privacy statutes, and began to apply them to the Internet once it became consumer-oriented.” Continue reading CES 2020: The High-Wire Tension of Innovation and Privacy

CTA chair/chief executive Gary Shapiro held court with two high-level government leaders: FTC chair Joseph Simons and FCC chair Ajit Pai, in two separate, 30-minute CES sessions. Simons first took the stage and described the Federal Trade Commission’s mission as two-fold: competition and consumer protection. “As we get further into the digital age, privacy concerns are becoming more important,” he said, noting that the FTC Act governing these concerns is 100 years old. “It’s time for Congress to adopt something more modern.” Continue reading CES 2020: A Fireside Chat with FTC Chair Joseph Simons

Senate Commerce Committee chair Roger Wicker (R-Mississippi) proposed draft legislation that he said will support tough protections for consumer data and address the concerns of Democrats. Last week, Senator Maria Cantwell (D-Washington), the Committee’s top Democrat, proposed a data privacy law. The idea, Wicker continued, is to create a national privacy law that will override state privacy laws passed by California and other states. He and others believe state laws will create an unwieldy patchwork. Continue reading Republicans Issue Draft of Federal Data Privacy Legislation

The Consumer Online Privacy Rights Act (COPRA) is a stalled bipartisan effort to protect consumers’ rights to privacy and prevent companies from hiding what they are doing with user data. To reinvigorate the debate, a group of Democrats, led by Senator Maria Cantwell (D-Washington), top Democrat in the Senate Commerce Committee, introduced their version of the federal privacy law. “[Privacy rights] should be like your Miranda rights — clear as a bell as to what they are and what constitutes a violation,” she said. Continue reading Democrats Introduce New Online Privacy Rights Legislation