NCTA is seeking to intervene in support of the FCC and against four petitions for review consolidated in the 8th U.S. Circuit Court of Appeals challenging the FCC’s Dec. 26 quadrennial review order for allegedly violating Section 202(h) of the Telecommunications Act, said NCTA's unopposed motion Monday.
Eight plaintiffs-appellants chose to buy Apple computers, but they didn’t know about and didn’t choose to buy the iCloud software that was automatically installed on their computers when they created their Apple IDs, said their opening brief, dated Wednesday and docketed Thursday (docket 24-715) in the 9th U.S. Circuit Appeals Court. Their appeal seeks to reverse the district court’s dismissal of their fraud complaint against Apple.
YouTuber Donald Nicodemus’ appeal to reverse the district court’s denial of his motion for an injunction to block Indiana’s “buffer law,” HB-1186, implicates the law’s “First Amendment abridgments,” said the Radio Television Digital News Association, the National Press Photographers Association and four other news media organizations in an amicus brief (docket 24-1009) in the 7th U.S. Circuit Court of Appeals in support of Nicodemus.
The ABC, CBS, NBC and Fox affiliates associations seek leave to intervene in support of the four petitions for review consolidated in the 8th U.S. Circuit Court of Appeals that challenge the FCC’s Dec. 26 quadrennial review order for allegedly violating Section 202(h) of the Telecommunications Act (see 2403050075), said their unopposed joint motion Friday.
Hamilton Relay, a telecommunications relay service (TRS) provider, seeks to intervene in support of the Ohio Telecom Association’s petition for review challenging the FCC’s Dec. 21 order modifying and expanding the commission’s data breach notification rules on telecom carriers, VoIP providers and TRS providers (see 2402210026), said its unopposed motion Wednesday (docket 24-3133) in the 6th U.S. Circuit Court of Appeals. Hamilton provides TRS to individuals who are deaf, hard of hearing, DeafBlind or have difficulty speaking, said its motion. The company provides intrastate and interstate text telephone, speech-to-speech and captioned telephone services in numerous states through individual state TRS contracts, nationwide relay service through its internet protocol captioned telephone service, which is regulated by the FCC, it said. Hamilton is entitled to intervene because it was a “party in interest” in the proceeding leading to the adoption of the order and the order’s changes to the FCC’s data breach notification rules adversely affect its interests, said the motion. Hamilton submitted comments in February 2023 in the FCC’s NPRM in the run-up to the order, it said. The order expands reporting obligations to the FCC and law enforcement agencies and imposes certain other duties on TRS providers pertaining to unauthorized access to or disclosure of customer proprietary network information and personally identifiable information, it said. In its February 2023 comments, Hamilton urged the FCC to consider how TRS providers are different from common carriers in the services they provide and the information they collect from their customers. The commission should ensure that any reporting obligations imposed on TRS providers “allow for the necessary flexibility to report relevant and actionable information to the appropriate law enforcement agencies and to customers,” it said then. It also urged the commission “to consider how its proposed rules will align, or potentially conflict, with existing state and federal privacy regimes,” it said.
The district court “correctly reviewed” and upheld AB-587, California’s social media disclosure law, under the U.S. Supreme Court’s 1985 decision in Zauderer v. Office of Disciplinary Counsel, said an amicus brief Wednesday (docket 24-271) at the 9th U.S. Circuit Court of Appeals from the Democratic attorneys general of 17 states and the District of Columbia.
U.S. District Judge Kevin Castel for Southern New York in Manhattan granted the motion of Nexstar Media Group and two sidecar companies, Mission Broadcasting and White Knight Broadcasting, to dismiss DirecTV’s antitrust complaint for lack of standing, said the judge’s signed opinion and order Wednesday (docket 1:23-cv-02221).
The 9th U.S. Circuit Court of Appeals should affirm the district court’s denial of X’s motion for a preliminary injunction to block California Attorney General Rob Bonta (D) from enforcing the state’s social media transparency law, AB-587 (see 2401020002), said five First Amendment and internet law scholars in an amicus brief Tuesday (docket 24-271) in support of the law.
Microsoft’s March 4 motion to dismiss is wrong to compare the New York Times’ copyright infringement complaint against the generative AI products of Microsoft and OpenAI with Hollywood’s “alarmism” over the Sony Betamax VCR (see 2403050038), said the Times’ memorandum of law Tuesday (docket 1:23-cv-11195) in U.S. District Court for Southern New York in Manhattan in opposition to that motion.
Meta seeks an injunction pending appeal to preliminarily enjoin the FTC’s “structurally unconstitutional” privacy enforcement action against the company, said its emergency motion Monday (docket 24-5054) in the U.S. Court of Appeals for the D.C. Circuit.