President Donald Trump can’t forcibly remove FTC Chairman Joe Simons without cause, former agency officials told us, defending Simons as well-respected. They discussed ways Trump might seek to oust or demote the chairman, and a potential replacement. The Trump administration is reportedly seeking a replacement.
Karl Herchenroeder
Karl Herchenroeder, Associate Editor, is a technology policy journalist for publications including Communications Daily. Born in Rockville, Maryland, he joined the Warren Communications News staff in 2018. He began his journalism career in 2012 at the Aspen Times in Aspen, Colorado, where he covered city government. After that, he covered the nuclear industry for ExchangeMonitor in Washington. You can follow Herchenroeder on Twitter: @karlherk
NTIA’s petition for an FCC rulemaking on Communications Decency Act Section 230 “lacks a legitimate legal basis” and would “cause serious harm to company moderation efforts,” Internet Association Deputy General Counsel Elizabeth Banker told reporters Tuesday (see 2008120050). Content moderation protects consumers, and reasonable people want platforms to take action like “removing promotion of suicide, plans for bombs and other dangerous materials, or 419 scams,” she said. The FCC lacks “authority to implement this rule under both First Amendment case law and administrative law precedent,” she added. Comments on the petition are due Wednesday.
Law enforcement is grappling with an increase in child exploitation as online activity surged during the COVID-19 pandemic, police and child advocates said in interviews. Law enforcement officials cited cyber tip increases across the country. Advocates want more investigatory resources, national legislation and for Big Tech to be held accountable.
House Communications Subcommittee ranking member Bob Latta, R-Ohio, is considering all options to restore law enforcement access to ICANN’s Whois database, a spokesperson told us Wednesday. Earlier, FTC Chairman Joe Simons wrote Latta about concerns about the availability of accurate domain name registration information when investigating crimes.
The FTC is collaborating with at least six state attorneys general on contact tracing scams, Chairman Joe Simons recently wrote Sens. Jerry Moran, R-Kan., and Amy Klobuchar, D-Minn. We obtained the correspondence through a Freedom of Information Act request. The FTC is working with state AGs in Alaska, Georgia, Massachusetts, New Jersey, North Carolina and Oregon, plus the National Association of Attorneys General, Simons wrote the senators Aug. 4. An FTC spokesperson declined comment on whether the group plans law enforcement action.
TikTok sued the Trump administration Monday, challenging its effort to “ban” the company in the U.S. and citing a lack of due process (see 2008070032). TikTok prefers constructive dialogue over litigation, but President Donald Trump’s executive order leaves the company with “no choice,” it said Monday. The White House and DOJ didn’t comment.
DOJ's restructuring its Antitrust Division Civil Enforcement Program is a good move that will closely mirror the FTC’s organization, antitrust attorneys said in interviews. DOJ said the realignment will allow more “vigilant enforcement” and “deeper expertise in technology trends.” The department is creating an Office of Decree Enforcement and Compliance and a Civil Conduct Task Force. The restructuring includes redistributing “matters among its six civil sections in order to build expertise based on current trends in the economy,” it said.
Qualcomm’s victory before the 9th U.S. Circuit Court of Appeals strengthens the hand of patent holders like Huawei, which could create national security risks, tech industry officials and antitrust attorneys said in interviews. A Qualcomm proponent said the FTC shouldn’t seek an appeal in a case that would put “more bad law on the books against” the agency (see 2008110065).
The FTC should investigate TikTok’s “consumer data collection and processing practices,” Senate Majority Whip John Thune, R-S.D., and Senate Consumer Protection Subcommittee Chairman Jerry Moran, R-Kan., wrote FTC Chairman Joe Simons Thursday.
The FCC lacks authority to act on NTIA’s petition for a rulemaking on Section 230 of the Communications Decency Act (see 2008030025), Vimeo said in comments to the agency in RM-11862. The FCC received 177 comments by Wednesday afternoon, almost all from individuals. The Computer & Communications Industry Association, NetChoice and Engine told us they plan to comment in opposition to NTIA’s petition.