China’s ByteDance has come out swinging in petition for review against the United States government over the law that would force it to sell TikTok by January 19 or see the app banned in U.S. app stores. The petition challenges the constitutionality of the Protecting Americans from Foreign Adversary Controlled Applications Act that President Biden signed into law on April 24, calling it in the brief “a radical departure from this country’s tradition of championing an open Internet, and sets a dangerous precedent allowing the political branches to target a disfavored speech platform.” Oral argument is scheduled for September 14. Continue reading ByteDance Opening Brief Claims U.S. Ban is Unconstitutional

Huawei Technologies, the Chinese telecommunications company, filed a lawsuit in the U.S. Court of Appeals for the Fifth Circuit asking for a review of last year’s FCC ruling that found it a national security risk. As a result of the FCC’s ruling, U.S. telecommunications operators were blocked from buying Huawei’s 5G equipment. Huawei has previously challenged numerous actions taken against it in recent years. The Trump administration blocked Huawei from accessing U.S. technology and encouraged allies to do the same. Continue reading Huawei Appeals FCC Edict Naming It a National Security Risk

In a 2-1 vote, the U.S. Court of Appeals for the District of Columbia Circuit ruled that Charter Communications can charge Netflix and other video streaming services for network interconnection. That overturned one of the merger conditions imposed by the Obama administration when, in 2016, Charter purchased Time Warner Cable and Bright House Networks. FCC chair Ajit Pai set the stage for the court overturning these conditions by not defending their merits in court. The Competitive Enterprise Institute (CEI) filed the suit. Continue reading Charter Can Charge Video Services for Network Connections

FCC chair Ajit Pai has put forth a plan to prevent cities and towns from regulating Internet access via their authority over cable TV networks and limit how much cities can charge cable companies. The cable industry has long lobbied for these changes; Pai’s proposal will come to a vote at the FCC on August 1. Pai’s proposal states that “some states and localities” are collecting fees and imposing requirements not “explicitly allowed” by Title VI, the cable regulation section Congress added to the Cable Act of 1984. Continue reading FCC Proposal Restricts Local Regulation of Cable Networks

Spotify, Google, Pandora and Amazon have joined forces to appeal a decision of the U.S. Copyright Royalty Board (CRB) they believe “harms both music licensees and copyright owners.” In separate filings, the companies are asking the U.S. Court of Appeals for the D.C. Circuit to review the decision regarding “recently issued … U.S. mechanical statutory rates” that they said “raises serious procedural and substantive concerns.” With the rule as it stands, songwriters would receive a 44 percent increase in payments. Proponents suggest the rule is necessary for songwriters in a digital age. Continue reading Tech Companies Appeal an Increase in Songwriter Royalties

On Friday, the U.S. Court of Appeals for the Federal Circuit in Washington, DC reinstated the $119.6 million that a San Jose, California jury awarded Apple against Samsung. The recent ruling was 8-3, representing a full slate of judges, unlike the previous three-judge panel that, this last February, overturned the original verdict. The judges in the latest ruling stated that that panel examined evidence outside the record of the case, contrary to U.S. Supreme Court limits on the scope of review. Continue reading In a Big Win for Apple, Appeals Court Reinstates Jury Verdict

In recent years, some cities have created broadband networks to provide Internet in communities — especially rural ones — where commercial services aren’t willing to set up shop. Those so-called “municipal broadband networks” just got slapped down by the U.S. Court of Appeals for the Sixth Circuit, which upheld laws in North Carolina and Tennessee halting their growth. For now, the ruling only impacts networks in those two states, but other cities that have created municipal networks have taken note. Continue reading Appeals Court Sides with States vs. City Broadband Networks

The U.S. Court of Appeals for the Sixth Circuit, a federal appellate court, ruled that the Federal Communications Commission overstepped its authority in its effort to eliminate state laws preventing municipal broadband networks. The FCC wanted cities to be able to build their own broadband networks. Last year, Wilson, North Carolina and Chattanooga, Tennessee petitioned the FCC for permission to be able to build out their own networks, to increase competition in their municipalities despite state laws that prevent that. Continue reading Court Rules Against FCC Effort to Allow Municipal Broadband

After a federal appeals court upheld the Federal Communication Commission’s net neutrality rules, the NCTA, CTIA, USTelecom and the American Cable Association — all the trade organizations representing U.S. Internet service providers — challenged that ruling. They did so by filing a petition for an “en banc” rehearing with the U.S. Court of Appeals for the D.C. Circuit. En banc hearings are to rehear a case in front of all the judges (rather than a panel), usually in cases of “exceptional public importance.” Continue reading Trade Groups Petition for Rehearing on Title II, Net Neutrality

A three-judge panel of the U.S. Court of Appeals for the 9th Circuit has ruled that using another person’s password to access online services such as HBO GO and Netflix is now considered in violation of federal computer laws. “But don’t panic,” suggests Variety. “It’s not likely that subscription VOD providers will suddenly have the feds descend on people swapping their login credentials.” While a 2015 study from Parks Associates projected that SVOD services could lose up to $500 million in revenue from password sharing, several services have downplayed the impact. During CES, Netflix CEO Reed Hastings even noted that many violators often become paying customers. Continue reading Sharing HBO GO or Netflix Passwords Is Now a Federal Crime

In a 2-1 vote, the U.S. Court of Appeals for the District of Columbia Circuit has upheld the FCC’s net neutrality rules, “handing a defeat to cable and telephone companies trying to fend off tighter oversight of the consumer broadband business,” reports The Wall Street Journal. The ruling is also considered a victory for the Obama administration and companies such as Google and Netflix that see net neutrality as a defense against unfair competition from ISPs. The decision “opens the door to further pending FCC regulatory steps that cable and wireless firms have resisted,” notes WSJ. “It also sharpens a growing policy divide between Internet firms and the broadband-access industry.” Continue reading Court Rejects Telecom Industry’s Challenges to Net Neutrality

On December 4, the U.S. Court of Appeals for the District of Columbia Circuit will hear oral arguments against net neutrality brought by Alamo Broadband, a small Texas Internet provider, the latest to push to end net neutrality. In its filing, the Federal Communications Commission reiterated that the net neutrality rules issued this year that reclassified ISPs as “common carriers” do not violate First Amendment rights. Both the FCC and Alamo’s positions are clear in the filings they’ve recently made to the court. Continue reading FCC and Alamo Broadband Set to Face Off Over Net Neutrality

A case before a U.S. Court of Appeals for the Federal Circuit between two companies that make dental braces will have an impact on Hollywood movie studios and Silicon Valley technology companies. Both groups have taken a vocal position on the issue, in which Align Technology, which makes Invisalign braces, accuses ClearCorrect of infringing its patents by sending digital files over the Internet. The question is whether the U.S. International Trade Commission has the power to block those files. Continue reading Studios Await Court Ruling on Blocking Digital Transmissions