Sen. Ron Wyden (D-OR) and former Rep. Chris Cox (R-CA), the original co-authors of Section 230, submitted last week an amicus brief to the U.S. Supreme Court urging the court to uphold decades of precedent concerning their 1996 law. Section 230 is a pioneering internet law provision that ensures the person who creates content — such as a tweet, blog post or video — is the one legally responsible for it. Section 230 has been called the most important law protecting speech online, and “among the most important protections of free expression in the United States in the digital age.”

Wyden and Cox filed the amicus brief to Gonzalez v. Google, a case involving whether Section 230 allows Google to face lawsuits for YouTube’s algorithms that suggest third-party content to users. The co-authors reminded the court that internet companies were already recommending content to users when the law went into effect in 1996, and that algorithms are just as important for removing undesirable posts as suggesting content users might want to see.

“Section 230 protects targeted recommendations to the same extent that it protects other forms of content presentation,” the members wrote. “That interpretation enables Section 230 to fulfill Congress’s purpose of encouraging innovation in content presentation and moderation. The real-time transmission of user-generated content that Section 230 fosters has become a backbone of online activity, relied upon by innumerable Internet users and platforms alike. Section 230’s protection remains as essential today as it was when the provision was enacted.”

The FCC’s Task Force to Prevent Digital Discrimination is offering consumers an opportunity to share their stories and experiences in obtaining broadband internet access. Chairwoman Jessica Rosenworcel established the task force to serve as a cross-agency effort focused on creating rules and policies to combat digital discrimination and to promote equal access to broadband access across the country, regardless of zip code, income level, ethnicity, race, religion or national origin.

Last month, the FCC adopted an NPRM looking to implement provisions of the Bipartisan Infrastructure Act pertaining to the prevention and elimination of digital discrimination. The Act establishes various requirements for the prevention and elimination of digital discrimination and tasks the FCC to adopt rules to facilitate equal access to broadband internet access service.

In furtherance of the goals to create a framework for addressing digital discrimination and the FCC’s ongoing efforts to identify and address harms experienced by historically excluded and marginalized communities, this new form provides a way for consumers to share their broadband access experiences.

The form states: If you would like to share your experience, please complete this form. In the description field, you can provide specific details about your experience , including the name of the provider, your address and any other information that describes the challenges that you have experienced, including those due to a provider’s practices and polices related to certain terms and conditions of service, such as those concerning speeds, data caps, throttling, late fees, equipment rentals and installation, contract renewal or termination, customer credit or account history, promotional rates, price or how technical support is provided.

Stories shared by consumers will help to inform the work of the Task Force. Interested stakeholders also can use this web page to request meetings with the Task Force.

The FCC announce a tentative agenda for its Feruary 16 open meeting, where it will consider:

• Helping Domestic Violence Survivors Access Safe and Affordable Connectivity – An NPRM that would begin the FCC's required implementation of the Safe Connections Act of 2022. The proposal seeks to help survivors of domestic violence and similar crimes separate lines from shared mobile accounts that include their abusers, protect the privacy of calls made by survivors to domestic abuse hotlines, and support survivors who face financial hardship through the FCC's affordability programs.

• Connecting Tribal Communities to Broadband – An NPRM that would seek comments on improvements to the E-Rate program that would increase access for Tribal applicants generally as well as within the Tribal Libraries E-Rate Pilot Program.

House Energy and Commerce Committee Ranking Member Frank Pallone, Jr. (D-N.J.) announced the full Democratic rosters for each of the six subcommittees in the 118th Congress, including the six subcommittee Ranking Members and the full Committee Vice Ranking Member, who were elected by the Democrats on the Committee last week. 

The Ranking Members for the six subcommittees are:

• Communications and Technology – Rep. Doris Matsui (CA)
• Energy, Climate, and Grid Security – Rep. Diana DeGette (CO)
• Environment, Manufacturing and Critical Minerals – Rep. Paul D. Tonko (NY)
• Health – Rep. Anna G. Eshoo (CA)
• Innovation, Data, and Commerce – Rep. Jan Schakowsky (IL)
• Oversight and Investigations – Rep. Kathy Castor (FL)

The appointments will now need to be approved by the Democratic Steering and Policy Committee and the Democratic Caucus.

House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and incoming Communications and Technology Subcommittee Chair Bob Latta (R-OH) will hold a hearing Thursday, February 2 at 10:30 a.m. ET on “Launching Into the State of the Satellite Marketplace” to discuss strengthening American leadership in next-generation satellite communications technology.

The hearing will be livestreamed online.

The Government Accountability Office issued a report on NTIA’s management of the Tribal Broadband Connectivity Program (TBCP) and Broadband Infrastructure Program (BIP). The GAO said NTIA’s management was generally consistent with recommended practices for awarding grants, but took longer than expected to announce awards. The report also said NTIA developed some performance goals and measures for the TBCP and BIP, but did not include all primary functions nor were they fully quantifiable. The GAO said it made recommendations to NTIA to better measure TBCP and BIP performance and to complete fraud risk management activities, and noted NTIA agreed with the recommendations.