Court case

The US Court of Appeals in Washington rejected claims that social media giants conspired to suppress conservative views online. The court affirmed the dismissal of a lawsuit by the nonprofit group Freedom Watch and the right-wing YouTube personality Laura Loomer, who accused the companies of violating antitrust laws and the First Amendment. The organization didn’t provide enough evidence of an antitrust violation, and the companies aren’t state entities that can violate free speech rights, a three-judge panel held in a decision only four pages long.

The Lifeline program and pole attachment rights are inextricably linked to the Federal Communications Commission’s Title II authority. The FCC's decision to reclassify broadband internet access service (BIAS) as an “information service” removes BIAS-only providers from the statutory scheme that governs pole attachments. If a portion of those who would provide broadband-only services are unable to attach, that will limit the FCC’s ability to promote broadband build-out.

The Mozilla court remanded to the Federal Communications Commission for further consideration the impact of the Restoring Internet Freedom Order on broadband providers’ ability to obtain pole attachments.

In Mozilla v FCC, the United States Court of Appeals for the District of Columbia Circuit reviewed the Federal Communications Commission’s 2018 “Restoring Internet Freedom” Order, in which it reclassified broadband internet access service (“BIAS”) as an “information service” and attempted to preempt state laws addressing net neutrality.

The record shows extensive opposition to the Federal Communications Commission’s 2017 Restoring Internet Freedom Order and the grave danger it poses to public safety and public health, particularly during the COVID-19 crisis. Public health and public safety officials detail in the record how both officials and the public writ large rely on mass-market retail broadband internet access services (BIAS).

Public interest commenters, including public safety officials, overwhelmingly agreed with Free Press’s assessment that the Federal Communications Commission’s misguided repeal of Net Neutrality and its authority over broadband internet access service (“BIAS”) harms the Lifeline program, pole attachment regulation, and public safety. These commenters also overwhelmingly agreed that the best remedy for such harms would be for the Commission to once again correctly classify broadband as a Title II service protected by strong open internet rules.

On April 24, 2020, Senators Kamala Harris (D-CA), Kirsten Gillibrand (D-NY), Charles Schumer (D-NY) and Dianne Feinstein (D-CA) wrote to Federal Communications Commission Chairman Ajit Pai about how multiple local governments from California and New York asked for, yet were denied, a further 60-day extension of the comment period over the DC Circuit Court of Appeals remand in the FCC's net neutrality repeal (Mozilla Corp. v. FCC). The senators asked the FCC to reconsider this position and further extend the comment period given the crisis created by the COVID-19 worldwide pandemic.

Privacy rights enshrined in Germany’s Constitution extend to foreigners living abroad and cover their online data, the country’s highest court ruled, ordering Chancellor Angela Merkel’s government to overhaul a law governing the foreign intelligence agency. The decision by the Constitutional Court found that parts of a 2016 law governing the country’s foreign intelligence agency, known by its German abbreviation BND, in part violated the universal right to privacy in communication.

Rural broadband provider Windstream Holdings Inc. is closer to exiting from chapter 11 under a proposal that would allow hedge-fund manager Elliott Management Corp. and other investors to buy the bulk of the company’s equity out of bankruptcy while wiping out most junior debt.