Paul Gluckman

The FCC’s Oct. 25 declaratory ruling authorizing E-rate funding for Wi-Fi on school buses (see 2312200040) was simply the commission’s response to requests to add to the list of services eligible for support under the E-rate program, the FCC’s 5th U.S. Circuit Appeals Court appellee brief said Monday (docket 23-60641) in support of the ruling.

NetChoice and Ohio Attorney General Dave Yost (R), having filed dueling motions for summary judgment May 3 in U.S. District Court for Southern Ohio over the state's social media parental notification law (see 2405060004), followed that up Monday with dueling responses in opposition (docket 2:24-cv-00047).

Utah Attorney General Sean Reyes (R) is seeking the dismissal of count VI of NetChoice’s 11-count complaint that argues Section 230 of the Communications Decency Act (see 2405060006) preempts the state’s Minor Protection in Social Media Act, a motion said Friday (docket 2:23-cv-00911) in U.S. District Court for Utah in Salt Lake City. Katherine Hass, director of Utah’s Division of Consumer Protection, joined Reyes in the motion.

The FCC’s updated data breach notification rule “encapsulates the wrong way for the administrative state to approach rulemaking,” TechFreedom’s 6th U.S. Circuit Appeals Court amicus brief said Thursday in support of the five petitioners seeking to invalidate the rule as contrary to law (see 2402210026).

The costs of complying with the FCC’s updated data breach notification rule “detract from the core work” of five trade associations' small-business members “to connect existing and new customers in hard-to-serve areas and close the digital divide,” said those trade groups in an amicus brief Wednesday in the 6th U.S. Circuit Appeals Court. Joining the brief were ACA Connects, the Competitive Carriers Association, NTCA, the Wireless ISP Association and WTA.

The U.S. Supreme Court’s May 16 decision in Smith v. Spizzirri, holding that Section 3 of the Federal Arbitration Act compels district courts to stay, rather than dismiss, cases pending the outcome of arbitration (see 2405160028), “has no effect on the maintenance” of three plaintiffs' appeal against SiriusXM, said the plaintiffs' position statement in a joint status report Thursday (docket 23-4018) in the 9th U.S. Circuit Appeals Court.

The FCC’s updated data breach notification rule, adopted Dec. 13, released Dec. 21 and published in the Federal Register Feb. 12, is a “brazen effort to claim regulatory authority” that Congress declined to confer under the Communications Act, but also “specifically rejected” under the Congressional Review Act (CRA), said the consolidated opening brief Wednesday in the 6th U.S. Circuit Appeals Court of five petitioners that seek to invalidate the rule (see 2402210026).

Petitioners iFixit, Public Resource and Make Community “seek to dramatically rewrite federal law and agency rules by destroying the copyright” to the standards development organizations’ standards, said 17 SDOs in an amicus brief Tuesday (docket 23-1311) in the U.S. Appeals Court for the D.C. Circuit in support of the FCC.

The parties in the consolidated appeal to affirm or reverse the preliminary injunction blocking the enforcement of Montana’s statewide TikTok ban (see 2312010003) want the 9th U.S. Circuit Appeals Court to hold the appeal in abeyance, pending the D.C. Circuit’s decision in the TikTok/ByteDance constitutional challenge of the federal TikTok ban, said the parties’ joint motion Tuesday (docket 24-34).

Thomas Gebka seeks an order compelling State Farm to produce in class discovery, without redactions, all records and notes for all calls that State Farm or any State Farm agency made from Oct. 10, 2018, to the present, said the plaintiff’s motion to compel Monday (docket 1:22-cv-05546) in U.S. District Court for Northern Illinois in Chicago.