Media Regulation – Page 2 – Media & Communications Policy

March 15, 2021July 7, 2021 By Stuart N. Brotman

How California’s Net Neutrality Law Can Inform Federal Digital Privacy Policymaking

One of the major unresolved issues in crafting comprehensive federal digital privacy legislation has carried over from last year to the current 117th Congress. This regards whether current or future state privacy laws should be preempted so that there only will be one uniform national set of enforceable rules regarding the collection, storage, and transmission of personally identifiable information.

A one-size-fits-all approach makes intuitive sense since online services and social media are not confined to traditional geographic boundaries. And absent a fully federal approach, there is the possibility that digital companies will be faced with a crazy-quilt pattern of regulatory compliance, increasing both their potential legal liability and the cost of doing business. In short, this is a scenario for Plan A.

January 25, 2021July 7, 2021 By Adonis Hoffman, Esq.

Big Tech Must Self-Regulate To Protect Public Safety

In a single swipe, Twitter and Facebook have done what the U.S. government and the Constitution could not: delete the power of an irreverent president to rile and rally Americans to violent action.

Twitter announced Jan. 8 that it permanently suspended Trump’s account, while Facebook announced Jan. 7 it had suspended Trump’s account indefinitely.

December 10, 2020July 7, 2021 By Richard T. Kaplar

The Role of Targeted Advertising In Supporting First Amendment Principles

One can scarcely remember the time, only a few short decades ago, when life moved along without the array of personal digital devices that have come to define today’s culture. All of that changed, of course, with the advent of the Internet and the ability to access a burgeoning number of websites (which themselves were rapidly evolving).

Personal desktop computers, portable laptops, tablets, cell phones, and “smart phones” would fuel the tech revolution. Who could imagine that someday one’s phone, tablet, and computers would all be synchronized into a seamless whole. Or that millions of Americans would spend vast amounts of time engaging each other via something called “social media.”

February 27, 2020February 26, 2020 By Adonis Hoffman, Esq.

Can Big Tech Be Reined In by Rules It Consistently Breaks?

Well informed observers of the tech industry have cautioned against two things: economic downturn and government regulation. Each had a palpable sense of the inevitable – not a matter of if, but when. As we enter 2020, the conditions for both are present, if not altogether ripe.

Dire predictions of a global recession have been hovering over the economy for several quarters. But low interest rates, strong consumer spending, and investor confidence have kept the economy buoyant. The new China trade deal and record-high NASDAQ belie economic woes.

If this election year turns out like others, the economy will hum along through the first two quarters, then decelerate as we head into November. If an economic slowdown were to occur, it would owe as much to politics as to recessionary pressure. And even that might recede if the president gets re-elected.

April 10, 2019April 10, 2019 By Guest Author Gordon Smith

Broadcasting Today: Energized by Innovation

There is a saying that goes, “Everybody has a story to tell.”

My own NAB Show story began a decade ago – almost to this day, in fact – when I spoke at my first show as the new president and CEO. On that morning, I shared the story of broadcasters’ unrelenting commitment to always be there for their communities … to inform them … and to help them.

It is a deep-rooted commitment that manifests itself in many ways that often go unnoticed – in ways that have become ingrained in everyday life for millions of Americans.

Our communities turn on the radio to find out what the weather is like before heading to work … to learn how to help their neighbors in need … or to listen to the great personalities who seem like old friends. They turn on their televisions to watch their favorite local news anchor and to get an unbiased report of what is happening in their communities.

March 18, 2019March 18, 2019 By Adonis Hoffman, Esq.

Campaign To Break Big Tech Is Regulatory Overkill

When Massachusetts Sen. Elizabeth Warren (D) first went on the warpath against big banks, she captured the attention of middle America. Now, Warren has turned her wrath on Big Tech. Her mantra is that big companies are bad, and the bigger the badder they are for all of us. The government, she argues, should step up its regulation of these companies and step in to break them up if necessary. Not only is Warren wrong but she is also out of step with most Americans today.

It would be unfair to lay all the blame on Warren for the campaign against big corporations. This sort of populism has been a strain in American politics since the Revolution, and most recently since the Occupy Wall Street campaign. But today’s anti-corporate movement has a new look and a new lexicon, including terms like privacy, net neutrality, and transparency, to accompany the typical notions of competition and consumer protection.

November 19, 2018November 21, 2018 By Adonis Hoffman, Esq.

Conflict and Compromise Await New Congress in Telecom, Media, Tech

A new era of American history begins when the 116th Congress convenes in January 2019 with one of the most partisan classes in modern history. Depending on which side of the aisle they sit, the members’ mission will be either to balance the ship of state or continue full steam ahead.

Conventional wisdom suggests there will be conflict. Optimists hope there will be compromise. The reality will be somewhere in between as the new Congress will have the opportunity to forge a unified path on things that matter to all Americans. With so many pressing policy issues facing the republic – immigration, healthcare, homeland security, and more – it is a stretch to think telecom, media, and technology (TMT) issues will top the agenda or lead the day.

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September 10, 2018September 10, 2018 By Adonis Hoffman, Esq.

TV Owners Need New Rules To Keep Pace

We are living in the platinum age of television. Consumers are enjoying an abundance of movies, news, sports, and entertainment, available anytime and anyplace, in-home or out. Every communications medium from wireless phones to the worldwide web is in the business of broadcasting content over its platform. Although we now call it “video,” at the core, it is television nonetheless, and the world cannot get enough of it. For legacy broadcasters, this is both a blessing and a bane.

Before the end of the year, the Federal Communications Commission (FCC) will finalize its mandatory review of the national ownership rules – set of regulations governing television and radio station ownership in the U.S. The FCC is expected to expand, and perhaps eliminate, the national ownership cap. If it does, broadcasters will be dealt an unprecedented, but fortuitous, break that will change the media landscape for the foreseeable future. It would be a follow-on to the FCC’s 2017 decision to reinstate the UHF discount, an arrangement that allows broadcasters to count UHF stations as only 50 percent toward the national ownership cap.

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March 14, 2018March 14, 2018 By Richard T. Kaplar

Time To Review Kid Vid Regulations

Under Chairman Ajit Pai, the Federal Communications Commission has made some remarkable strides in reviewing and moving to repeal a host of burdensome regulations that have outlived their usefulness. Media ownership rules like the newspaper/broadcast cross ownership ban come to mind, as do the Commission’s highly inflammatory efforts to roll back the enforcement of net neutrality under Title II.

The Commission continues to forge ahead. The next salvo may well be the initiative announced by Chairman Pai to review the rules governing educational and informational programming for children aired by broadcasters, known as the “Kid Vid” rules. Commissioner Michael O’Rielly has agreed to oversee the review of these regulations.

The story of the Kid Vid rules is a familiar one, at least in its broad strokes. Congress enacts legislation to address a perceived problem, in this case deficiencies in broadcast programming aimed at children (Children’s Television Act of 1990). The FCC carries out its obligation to issue regulations implementing the legislation (Policies and Rules Concerning Children’s Television Programming, 1991).

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December 14, 2017January 3, 2018 By Richard T. Kaplar

Net Neutrality: How Did We Get Here and Where Are We Going?

It’s hard to imagine an issue in today’s media/telecom policy universe that has sparked more controversy or inspired more passion than the innocuous-sounding Net Neutrality. How could such a seemingly simple concept – that Internet access should be open to everyone and that services should be provided on a neutral basis without discrimination by type, price, speed, or quality – create such a firestorm?

One need look no further than the cover of this edition of Inside the FCC for the answer, or at least a major clue: “The Pros and Cons of Internet Regulation.” Many advocates of Net Neutrality believe this goal can’t be achieved without the regulatory hand of government exerting its grip on the Internet – and the more forcefully, the better. In contrast, other advocates of Net Neutrality believe it is a goal best achieved through the workings of the marketplace, and point to the successful operation of the Internet for years prior to any regulation.

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