Court case

Developments in telecommunications policy being made in the legal system.

FTC’s Data-Speed Lawsuit Against AT&T Can Proceed, Appeals Court Says

A federal appeals court ruled the Federal Trade Commission can move forward with its lawsuit alleging AT&T misled wireless subscribers by reducing data speeds for several million customers who thought they had purchased unlimited plans. The ruling by the Ninth US Circuit Court of Appeals is a notable win for the FTC because it restores the agency’s regulatory authority over large internet service providers.

13 Russians Indicted by Special Counsel in First Charges on 2016 Election Interference

The special counsel investigating Russia’s interference in the 2016 presidential election charged 13 Russian nationals and three Russian organizations owith illegally using social media platforms to sow political discord, including actions that supported the presidential candidacy of Donald Trump and disparaged his opponent, Hillary Clinton. In a 37-page indictment filed in United States District Court, Mueller said that the 13 individuals have conspired since 2014 to violate laws that prohibit foreigners from spending money to inf

Second Circuit revives New York affordable broadband plan for low-income families

Overturning a federal judge’s injunction, the Second Circuit on April 26, 2024 revived a New York state law that sought to provide discounted broadband internet to low-income families.

Benton Institute Cheers Broadband Affordability Win in New York

This decision upholds an important tool for broadband deployment as well as an important principle. Low-income Americans need broadband just as much as all other consumers. Broadband gives all of us access to education, healthcare, government services, employment opportunities, and the information necessary to participate in civic discourse and to vote wisely. Today’s decision holds that FCC regulations do not interfere with the states’ ability to ensure that their residents have affordable access.

Sen Cruz Leads Amicus Brief Opposing Biden’s Effort to Subsidize TikTok on School Buses

Sen Ted Cruz (R-TX) led his colleagues in filing an amicus brief opposing the Biden administration’s recent decision to expand the Federal Communication Commission’s (FCC) E-Rate program to fund Wi-Fi on school buses. The Fifth Circuit lawsuit, Molak v.

Justice Department Sues Apple for Monopolizing Smartphone Markets

The Justice Department, joined by 16 other state and district attorneys general, filed a civil antitrust lawsuit against Apple for monopolization or attempted monopolization of smartphone markets in violation of Section 2 of the Sherman Act. The complaint, filed in the U.S. District Court for the District of New Jersey, alleges that Apple illegally maintains a monopoly over smartphones by selectively imposing contractual restrictions on, and withholding critical access points from, developers.

Supreme Court Wary of States’ Bid to Limit Federal Contact With Social Media Companies

A majority of the Supreme Court seemed wary on March 18 of a bid by two Republican-led states to limit the Biden Administration’s interactions with social media companies, with several justices questioning the states’ legal theories and factual assertions. Most of the justices appeared convinced that government officials should be able to try to persuade private companies, whether news organizations or tech platforms, not to publish information so long as the requests are not backed by coercive threats.

Public officials can be held liable for blocking critics on social media

The Supreme Court ruled that public officials who post about topics relating to their work on their personal social media accounts are acting on behalf of the government, and therefore can be held liable for violating the First Amendment when they block their critics, only when they have the power to speak on behalf of the state and are actually exercising that power. The court’s decisions came in a pair of cases, involving local officials in California and Michigan who blocked constituents who made repetitive and critical comments on their personal social media accounts.

Keyword search warrants and the Fourth Amendment

Does a search warrant ordering Google to give law enforcement information regarding internet searches containing specific keywords made during a particular window of time violate the Fourth Amendment? This question was before the Colorado Supreme Court in 2023 and is now before the Pennsylvania Supreme Court. The Fourth Amendment protects against unreasonable searches and seizures by the government.

The Supreme Court is about to decide the future of online speech

Social media companies have long made their own rules about the content they allow on their sites. But a pair of cases set to be argued before the Supreme Court on Monday will test the limits of that freedom, examining whether they can be legally required to host users’ speech. The cases, Moody v. NetChoice and NetChoice v. Paxton, deal with the constitutionality of laws created in Florida and Texas, respectively.