Policy

china-blocks-sale-of-nvidia-ai-chips

China blocks sale of Nvidia AI chips

“The message is now loud and clear,” said an executive at one of the tech companies. “Earlier, people had hopes of renewed Nvidia supply if the geopolitical situation improves. Now it’s all hands on deck to build the domestic system.”

Nvidia started producing chips tailored for the Chinese market after former US President Joe Biden banned the company from exporting its most powerful products to China, in an effort to rein in Beijing’s progress on AI.

Beijing’s regulators have recently summoned domestic chipmakers such as Huawei and Cambricon, as well as Alibaba and search engine giant Baidu, which also make their own semiconductors, to report how their products compare against Nvidia’s China chips, according to one of the people with knowledge of the matter.

They concluded that China’s AI processors had reached a level comparable to or exceeding that of the Nvidia products allowed under export controls, the person added.

The Financial Times reported last month that China’s chipmakers were seeking to triple the country’s total output of AI processors next year.

“The top-level consensus now is there’s going to be enough domestic supply to meet demand without having to buy Nvidia chips,” said an industry insider.

Nvidia introduced the RTX Pro 6000D in July during Huang’s visit to Beijing, when the US company also said Washington was easing its previous ban on the H20 chip.

China’s regulators, including the CAC, have warned tech companies against buying Nvidia’s H20, asking them to justify having purchased them over domestic products, the FT reported last month.

The RTX Pro 6000D, which the company has said could be used in automated manufacturing, was the last product Nvidia was allowed to sell in China in significant volumes.

Alibaba, ByteDance, the CAC, and Nvidia did not immediately respond to requests for comment.

Additional reporting by Eleanor Olcott in Zhengzhou.

© 2025 The Financial Times Ltd. All rights reserved. Not to be redistributed, copied, or modified in any way.

China blocks sale of Nvidia AI chips Read More »

“china-keeps-the-algorithm”:-critics-attack-trump’s-tiktok-deal

“China keeps the algorithm”: Critics attack Trump’s TikTok deal

However, Trump seems to think that longtime TikTok partner Oracle taking a bigger stake while handling Americans’ user data at its facilities in Texas will be enough to prevent remaining China-based owners—which will maintain less than a 20 percent stake—from allegedly spying, launching disinformation campaigns, or spreading other kinds of propaganda.

China previously was resistant to a forced sale of TikTok, FT reported, even going so far as to place export controls on algorithms to keep the most lucrative part of TikTok in the country. And “it remains unclear to what extent TikTok’s Chinese parent would retain control of the algorithm in the US as part of a licensing deal,” FT noted.

On Tuesday, Wang Jingtao, deputy head of China’s cyber security regulator, did not go into any detail on how China’s access to US user data would be restricted under the deal. Instead, Wang only noted that ByteDance would “entrust the operation of TikTok’s US user data and content security,” presumably to US owners, FT reported.

One Asia-based investor told FT that the US would use “at least part of the Chinese algorithm” but train it on US user data, while a US advisor accused Trump of chickening out and accepting a deal that didn’t force a sale of the algorithm.

“After all this, China keeps the algorithm,” the US advisor said.

To the Asia-based investor, it seemed like Trump gave China exactly what it wants, since “Beijing wants to be seen as exporting Chinese technology to the US and the world.”

It’s likely more details will be announced once Trump and Chinese President Xi Jinping hold a phone conference on Friday. ByteDance has yet to comment on the deal and did not respond to Ars’ request to comment.

“China keeps the algorithm”: Critics attack Trump’s TikTok deal Read More »

internet-archive’s-big-battle-with-music-publishers-ends-in-settlement

Internet Archive’s big battle with music publishers ends in settlement

A settlement has been reached in a lawsuit where music publishers sued the Internet Archive over the Great 78 Project, an effort to preserve early music recordings that only exist on brittle shellac records.

No details of the settlement have so far been released, but a court filing on Monday confirmed that the Internet Archive and UMG Recordings, Capitol Records, Sony Music Entertainment, and other record labels “have settled this matter.” More details may come in the next 45 days, when parties must submit filings to officially dismiss the lawsuit, but it’s unlikely the settlement amount will be publicly disclosed.

Days before the settlement was announced, record labels had indicated that everyone but the Internet Archive and its founder, Brewster Kahle, had agreed to sign a joint settlement, seemingly including the Great 78 Project’s recording engineer George Blood, who was also a target of the litigation. But in the days since, IA has gotten on board, posting a blog confirming that “the parties have reached a confidential resolution of all claims and will have no further public comment on this matter.”

For IA—which strove to digitize 3 million recordings to help historians document recording history—the lawsuit from music publishers could have meant financial ruin. Initially, record labels alleged that damages amounted to $400 million, claiming they lost streams when IA visitors played Great 78 recordings.

But despite IA arguing that there were comparably low downloads and streams on the Great 78 recordings—as well as a music publishing industry vet suggesting that damages were likely no more than $41,000—the labels intensified their attacks in March. In a court filing, the labels added so many more infringing works that the estimated damages increased to $700 million. It seemed like labels were intent on doubling down on a fight that, at least one sound historian suggested, the labels might one day regret.

Internet Archive’s big battle with music publishers ends in settlement Read More »

ars-live:-cta-policy-expert-explains-why-tariff-stacking-is-a-nightmare

Ars Live: CTA policy expert explains why tariff stacking is a nightmare

Earlier this month, Ars spoke with the Consumer Technology Association’s vice president of international trade, Ed Brzytwa, to check in and see how tech firms have navigated Donald Trump’s unpredictable tariff regimes so far.

Brzytwa has led CTA’s research helping tech firms prepare for Trump’s trade war, but during our talk, he confirmed that “the reality has been a lot more difficult and far worse, because of not just the height of the tariffs, but the variability, the tariffs on, tariffs off.”

Our discussion with Ed Brzytwa. Click here for transcript.

Currently, every tech company is in a “slightly different position,” depending on its specific supply chains, he explained. However, until semiconductor tariffs are announced, “it’s impossible” for any tech company to make the kind of long-term plans that could help keep consumer prices low as Trump’s negotiations with foreign partners and investigations into various products drag on, Brzytwa said.

Ahead of the busy holiday shopping season, Brzytwa suggested that many companies may be prepared to maintain prices, based on front-loading of inventory by firms in anticipation of more complicated tariff regimes coming. But some companies, notably in the video game industry, have already begun warning of tariff-related price hikes, Brzytwa noted, and for others likely delaying for as long as they can, there remains a question of “what happens when that inventory disappears?”

Ars Live: CTA policy expert explains why tariff stacking is a nightmare Read More »

will-tiktok-go-dark-wednesday?-trump-claims-deal-with-china-avoids-shutdown.

Will TikTok go dark Wednesday? Trump claims deal with China avoids shutdown.

According to Bessent, China agreed to “commercial terms” and “technical details” of a deal “between two parties,” but Xi and Trump still needed to discuss the terms—as well as possibly China’s demands to ease export controls on chips and other high-tech goods—before the deal can be finalized, Reuters reported.

ByteDance, TikTok’s current owner, which in the past has opposed the sale, did not immediately respond to Ars’ request to comment.

While experts told Reuters that finalizing the TikTok deal this week could be challenging, Trump seems confident. On Truth Social, the US president boasted that talks with China have been going “very well” and claimed that TikTok users will soon be “very happy.”

“A deal was also reached on a ‘certain’ company that young people in our Country very much wanted to save,” Trump said, confirming that he would speak to Xi on Friday and claiming that their relationship “remains a very strong one!!!”

China accuses US of “economic coercion”

However, China’s Ministry of Commerce spokesperson on Monday continued to slam US export controls and tariffs that are frustrating China. The spokesperson suggested that those trade restrictions “constitute the containment and suppression of China’s development of high-tech industries,” like advanced computer chips and artificial intelligence, NBC News reported.

“This is a typical act of unilateral bullying and economic coercion,” the spokesperson said, indicating it may even be viewed as a retaliation violating the temporary truce.

Rather than committing to de-escalate tensions, both countries have recently taken fresh jabs in the trade war. On Monday, China announced two probes into US semiconductors, as well as an antitrust ruling against Nvidia and “an anti-discrimination probe into US measures against China’s chip sector,” NBC News reported.

Will TikTok go dark Wednesday? Trump claims deal with China avoids shutdown. Read More »

china-rules-that-nvidia-violated-its-antitrust-laws

China rules that Nvidia violated its antitrust laws

A Chinese regulator has found Nvidia violated the country’s antitrust law, in a preliminary finding against the world’s most valuable chipmaker.

Nvidia had failed to fully comply with provisions outlined when it acquired Mellanox Technologies, an Israeli-US supplier of networking products, China’s State Administration for Market Regulation (SAMR) said on Monday. Beijing conditionally approved the US chipmaker’s acquisition of Mellanox in 2020.

Monday’s statement came as US and Chinese officials prepared for more talks in Madrid over trade, with a tariff truce between the world’s two largest economies set to expire in November.

SAMR reached its conclusion weeks before Monday’s announcement, according to two people with knowledge of the matter, adding that the regulator had released the statement now to give China greater leverage in the trade talks.

The regulator started the anti-monopoly investigation in December, a week after the US unveiled tougher export controls on advanced high-bandwidth memory chips and chipmaking equipment to the country.

SAMR then spent months interviewing relevant parties and gathering legal opinions to build the case, the people said.

Nvidia bought Mellanox for $6.9 billion in 2020, and the acquisition helped the chipmaker to step up into the data center and high-performance computing market where it is now a dominant player.

The preliminary findings against the chipmaker could result in fines of between 1 percent and 10 percent of the company’s previous year’s sales. Regulators can also force the company to change business practices that are considered in violation of antitrust laws.

China rules that Nvidia violated its antitrust laws Read More »

feds-try-to-dodge-lawsuit-against-their-bogus-climate-report

Feds try to dodge lawsuit against their bogus climate report


Meanwhile, Congress is trying to keep serious scientists from weighing in.

While the Trump administration has continued to refer to efforts to avoid the worst impacts of climate change as a scam, it has done almost nothing to counter the copious scientific evidence that demonstrates that climate change is real and doing real damage to the citizens of the US. The lone exception has been a draft Department of Energy report prepared by a handful of carefully chosen fringe figures that questioned the mainstream understanding of climate change. The shoddy work and questionable conclusions of that report were so extensive that an analysis of it required over 450 pages to detail all of its shortcomings.

But its shortcomings may not have been limited to the science, as a lawsuit alleges that its preparation violated a law that regulates the activities of federal advisory panels. Now, in an attempt to avoid dealing with that lawsuit, the Department of Energy is claiming that it dissolved the committee that prepared the report, making the lawsuit moot.

Meanwhile, Congress is also attempting to muddy the waters. In response to the DOE report, the National Academies of Science announced that it would prepare a report describing the current state of climate science. Republicans on the House Committee on Oversight have responded by announcing an investigation of the National Academies “for undermining the EPA.”

The vanishing committee

As we noted in our original coverage, the members of the advisory group that prepared the DOE report were carefully chosen for having views that are well outside the mainstream of climate science. Based on their past public statements, they could be counted on to produce a report that would question the severity of climate change and raise doubts about whether we had any evidence it was happening. The report they produced went beyond that by suggesting that the net effect of our carbon emissions was likely to be a positive for humanity.

Not only was that shoddy science, but a lawsuit filed by the Environmental Defense Fund and the Union of Concerned Scientists suggested that it was likely illegal. Groups like the one that wrote the report, the suit alleges, fall under the Federal Advisory Committee Act, which (among other things) dictates that these groups must be “fairly balanced in terms of the points of view represented,” rather than be selected in order to reinforce a single point of view.

The “among other things” that the law dictates is that the advisory groups have public meetings that are announced in advance, be chartered with a well-defined mission, and all of their records be made available to the public. In contrast, nobody within the Department of Energy, including the contrarians who wrote the report, acknowledged the work they were doing publicly until the day the draft report was released.

The suit alleges that the work of this group fell under the Federal Advisory Committee Act, and the group violated the act in all of the above ways and more. The act asks the courts to force the DOE to disclose all the relevant records involved with the preparation of the report, and to cease relying on it for any regulatory actions. That’s significant because the Environmental Protection Agency cited it in its attempts to roll back its prior finding that greenhouse gases posed a danger to the US public.

This week, the DOE responded in court by claiming the panel that produced the report had been dissolved, making the suit moot. That does not address the fact that the EPA is continuing to rely on the report in its attempts to argue there’s no point in regulating greenhouse gases. It also leaves the report itself in a weird limbo. Its release marked the start of a period of public comment, and said comments were supposed to be considered during the revisions that would take place before the draft was finalized.

Failure to complete the revision process would leave the EPA vulnerable to claims that it’s relying on an incomplete draft report for its scientific justifications. So, while the DOE’s tactics may protect some of its internal documents, it may ultimately cause larger problems for the Trump administration’s agenda.

Attacking the academies

Earlier this year, we were critical of the US’s National Academies of Science for seemingly refusing to respond to the Trump administration’s attacks on science. That reticence appeared to end in August with the release of the DOE climate report and the announcement that the EPA was using that report as the latest word on climate science, which it argued had changed considerably since the initial EPA decisions on this issue in 2009.

In response, the National Academies announced that it would fast-track a new analysis of the risks posed by greenhouse gases, this one done by mainstream scientists instead of a handful of fringe figures. The goal was to get it done before the EPA closed its public comment period on its proposal to ignore greenhouse gases.

Obviously, this poses a threat to the EPA’s planned actions, which apparently prompted Republicans in Congress to step in. Earlier this month, the chair of the House Committee on Oversight and Government Reform, Rep. James Comer (R-Ky.), announced he was investigating the National Academies for preparing this report, calling it “a blatant partisan act to undermine the Trump Administration.”

Comer has also sent a letter to the National Academies, outlining his concerns and demanding a variety of documents. Some of these are pretty convoluted: “The study is led by a National Academies member who serves as an external advisor to the Science Philanthropy Alliance, which has ties to the left-wing group Arabella Advisors through the New Venture Fund, an organization that promotes a variety of progressive causes and funds major climate litigation,” Comer says, suggesting … it’s not entirely clear what. Another member of the study panel had the audacity to endorse former President Biden for his climate policies. Separately, Comer says he’s concerned about the source of the funds that will pay for this study.

Some of Comer’s demands are consistent with this, focusing on funding for this review. But he goes well beyond that, demanding a list of all the National Academies’ sources of funding, as well as any internal communications about this study. He’s also going on a bit of a witch hunt within the federal government, demanding any communications the NAS has had with government employees regarding the DOE’s report or the EPA’s greenhouse gas decisions.

It’s pretty clear that Comer recognizes that any unbiased presentation of climate science is going to undercut the EPA’s rationale for reversing course on greenhouse gas regulations. So, he’s preparing in advance to undercut that presentation by claiming it’s rife with conflicts of interest—and he’s willing to include “supporting politicians who want to act on climate change” as a conflict.

All of this maneuvering is taking place before the EPA has even finalized its planned U-turn on greenhouse gases, a step that will undoubtedly trigger additional investigations and lawsuits. In many ways, this is likely to reflect many of these parties laying the groundwork for the legal fight to come. And, while some of this is ostensibly about the state of the science that has supported the EPA’s past policy decisions, it’s clear that the administration and its supporters are doing their best to minimize science’s impact on their preferred course of action.

Photo of John Timmer

John is Ars Technica’s science editor. He has a Bachelor of Arts in Biochemistry from Columbia University, and a Ph.D. in Molecular and Cell Biology from the University of California, Berkeley. When physically separated from his keyboard, he tends to seek out a bicycle, or a scenic location for communing with his hiking boots.

Feds try to dodge lawsuit against their bogus climate report Read More »

california-bill-lets-renters-escape-exclusive-deals-between-isps-and-landlords

California bill lets renters escape exclusive deals between ISPs and landlords


Opt-out from bulk billing

Bill author says law “gives this industry an opportunity to treat people fairly.”

Credit: Getty Images | Yuichiro Chino

California’s legislature this week approved a bill to let renters opt out of bulk-billing arrangements that force them to pay for Internet service from a specific provider.

The bill says that by January 1, a landlord must “allow the tenant to opt out of paying for any subscription from a third-party Internet service provider, such as through a bulk-billing arrangement, to provide service for wired Internet, cellular, or satellite service that is offered in connection with the tenancy.” If a landlord fails to do so, the tenant “may deduct the cost of the subscription to the third-party Internet service provider from the rent,” and the landlord would be prohibited from retaliating.

The bill passed the state Senate in a 30–7 vote on Wednesday but needs Gov. Gavin Newsom’s signature to become law. It was approved by the state Assembly in a 75–0 vote in April.

Assemblymember Rhodesia Ransom, a Democratic lawmaker who authored the bill, told Ars today that lobby groups for Internet providers and real estate companies have been “working really hard” to defeat it. But she expects Newsom will approve.

“I strongly believe that the governor is going to look at what this bill provides as far as protections for tenants and sign it into law,” Ransom said in a phone interview.

“Just treat people fairly”

Ransom disputed claims from lobby groups that bulk billing reduces Internet prices for tenants.

“This is kind of like a first step in trying to give this industry an opportunity to just treat people fairly. It’s not super restrictive. We are not banning bulk billing. We’re not even limiting how much money the people can make. What we’re saying here with this bill is that if a tenant wants to opt out of the arrangement, they should be allowed to opt out,” she said.

A stricter bill could have told landlords that “you can’t charge the customer more than you’re paying. We could have put a cap on the amount that you’re able to charge,” she said. “There’s so many other things that we could have done that would’ve been a lot less business-friendly. But the goal was not to harm business, the goal was to help people.”

In theory, bulk billing could reduce prices for tenants if discounts negotiated between landlords and Internet providers were passed on to renters. But, Ransom said, “where there would be an opportunity for these huge discounts to be passed on to tenants, it’s not happening. We know of thousands of tenants across the state who are in landlord-tenant agreements where the landlord is actually adding an additional bonus for themselves, pocketing change, and not passing the discount on to the tenants… once we started working on this bill, we started to hear more and more about places where people were stuck in these agreements and their landlords were not letting them out.”

Ransom said not all landlords do this and that it is generally “the large corporate landlords” who own hundreds or thousands of properties that “were the ones who were reluctant to let their tenants out.”

State bill similar to abandoned FCC plan

California’s action comes about eight months after the Federal Communications Commission abandoned a proposal to give tenants the right to opt out of bulk billing for Internet service. The potential federal action was proposed in March 2024 by then-FCC Chairwoman Jessica Rosenworcel, but nixed in January 2025 by Chairman Brendan Carr.

Bulk billing contracts are only banned by the FCC when they give a provider the exclusive right to access and serve a building. Despite that restriction, a bulk billing deal between an ISP and landlord can make it less financially feasible for other providers to serve a multi-unit building. Letting people opt out of bulk billing arrangements makes serving a building at least slightly more viable for a competing provider.

Ransom said the FCC action “was very unfortunate” and “give[s] a disadvantage to people who are already at the mercy of landlords.”

Cable lobby calls it an “anti-affordability bill”

The California bill was not welcomed by lobby groups for Internet providers and landlords. The California Broadband & Video Association, which represents cable companies, paid for a sponsored commentary in several news publications to express its opposition.

“AB 1414 is an anti-affordability bill masked as consumer protection, and it will only serve to widen the digital divide in California,” wrote the lobby group’s CEO, Janus Norman.

Norman complained that property owners would have “to provide a refund to tenants who decline the Internet service provided through the building’s contract with a specific Internet service provider.” He argued that without bulk billing, “low-income families and tenants risk losing access altogether.”

Letting tenants opt out of bulk deals “undermines the basis of the cost savings and will lead to bulk billing being phased out,” Norman wrote. This “will result in higher bills for everyone, including those already struggling,” he claimed.

“The truth, very simply, is this: bulk billing is good for consumers,” the cable industry commentary said. “Taking away bulk discounts raises total housing costs when Californians can least afford it.”

The bill also drew opposition from the Real Estate Technology & Transformation Center (RETTC). The group’s sponsors include real estate companies and Internet providers AT&T, Comcast, and Cox. Another notable sponsor of RETTC is RealPage, which has faced claims from the US government and state attorneys general that its software distorts competition in rental housing by helping landlords collectively set prices.

“AB 1414 introduces an opt-out requirement that would fundamentally undermine the economics of bulk billing,” the RETTC said. “By fragmenting service, it could destabilize networks and reduce the benefits residents and operators rely on today.” The group claimed the bill could lead to “higher broadband costs for renters, reduced ISP investment in multifamily housing, disruption of property-wide smart technology, [and] widening of the digital divide in California.”

The RETTC said it joined with the National Apartment Association and the California Rental Housing Association to detail the groups’ concerns directly to the bill sponsors.

Wireless providers could get a boost

The California Broadband & Video Association seems to be worried about wireless providers serving buildings wired up with cable. The group’s commentary claimed that “the bill’s lack of technology neutrality also creates winners and losers, granting certain types of providers an unfair advantage over their competitors.”

Ransom said her bill may be especially helpful for wireless or satellite providers because they wouldn’t need to install wires in each building.

“This does help with market competition, and in fact some of our support came from some of the smaller Internet service providers… and because this bill is technology-neutral, it helps with not only the current technology, but any new technology that comes out,” she said.

While Ransom’s bill could help make broadband more affordable for renters, California lawmakers recently abandoned a more aggressive effort to require affordable broadband plans. Assemblymember Tasha Boerner proposed a state law that would force Internet service providers to offer $15 monthly plans to people with low incomes but tabled the bill after the Trump administration threatened to block funding for expanding broadband networks.

Photo of Jon Brodkin

Jon is a Senior IT Reporter for Ars Technica. He covers the telecom industry, Federal Communications Commission rulemakings, broadband consumer affairs, court cases, and government regulation of the tech industry.

California bill lets renters escape exclusive deals between ISPs and landlords Read More »

ex-dvd-company-employee-gets-4-years-for-leaking-spider-man-blu-ray

Ex-DVD company employee gets 4 years for leaking Spider-Man Blu-ray

Hale, a 38-year-old with prior felony convictions for armed robbery, risked a potential sentence of 15 years for these crimes, but he reduced his sentence to a maximum of five years through his plea deal. At the time, the DOJ credited him for taking “responsibility,” arguing that he deserved a maximum reduction partly because the total “infringement amount” was likely no more than $40,000, not the “tens of millions” the DOJ claimed in today’s release.

Ultimately, Hale pleaded guilty to criminal copyright infringement, while agreeing to pay restitution (the exact amount is not clarified in the release) and return “approximately 1,160 stolen DVDs and Blu-rays” that the cops seized to his former employer. Hale also pleaded guilty to “being a convicted felon in possession of a firearm,” the DOJ noted, after cops uncovered that he “unlawfully possessed a pistol that was loaded with one live round in the chamber and 13 rounds in the magazine.”

Combining the DVD theft and firearm charges, the US District Court in Tennessee sentenced Hale to 57 months, just short of the five-year maximum sentence he could have faced.

In the DOJ’s press release, acting Assistant Attorney General Matthew R. Galeotti claimed the win, while warning that “today’s sentencing signals our commitment to protecting American innovation from pirates that would exploit others’ work for a quick profit, which, in this case, cost one copyright owner tens of millions of dollars.”

Ex-DVD company employee gets 4 years for leaking Spider-Man Blu-ray Read More »

microsoft-dodges-eu-fine-by-unbundling-teams-from-office

Microsoft dodges EU fine by unbundling Teams from Office

Microsoft has avoided an EU fine after the US tech group offered concessions on how it packages together its Teams and Office products, ending a long-running antitrust investigation by the bloc’s regulators.

The probe, which began after a 2020 complaint from Slack, now part of Salesforce, accused Microsoft of abusing its market dominance by tying its video conferencing tool to its widely used suite of productivity applications.

Since the initial complaint, Microsoft has unbundled Teams from Office 365 in the EU, but critics said the changes were too narrow.

In May, the $3.7 trillion software giant promised concessions, such as continuing the Teams and Office separation for seven years.

After a market test, Microsoft has since made additional commitments, such as publishing more information on so-called “interoperability” or the ability to use its products with others made by rivals.

These new pledges have satisfied the EU’s regulator, which said on Friday that it helped to restore fair competition and open the market to other providers.

Microsoft dodges EU fine by unbundling Teams from Office Read More »

court-rejects-verizon-claim-that-selling-location-data-without-consent-is-legal

Court rejects Verizon claim that selling location data without consent is legal

Instead of providing notice to customers and obtaining or verifying customer consent itself, Verizon “largely delegated those functions via contract,” the court said. This system and its shortcomings were revealed in 2018 when “the New York Times published an article reporting security breaches involving Verizon’s (and other major carriers’) location-based services program,” the court said.

Securus Technologies, a provider of communications services to correctional facilities, “was misusing the program to enable law enforcement officers to access location data without customers’ knowledge or consent, so long as the officers uploaded a warrant or some other legal authorization,” the ruling said. A Missouri sheriff “was able to access customer data with no legal process at all” because Securus did not review the documents that law enforcement uploaded.

Verizon claimed that Section 222 of the Communications Act covers only call-location data, as opposed to device location data. The court disagreed, pointing to the law’s text stating that customer proprietary network information includes data that is related to the location of a telecommunications service, and which is made available to the carrier “solely by virtue of the carrier-customer relationship.”

“Device-location data comfortably satisfies both conditions,” the court said.

Verizon chose to pay fine, giving up right to jury trial

As for Verizon’s claim that the FCC violated its right to a jury trial, the court said that “Verizon could have gotten such a trial” if it had “declined to pay the forfeiture and preserved its opportunity for a de novo jury trial if the government sought to collect.” Instead, Verizon chose to pay the fine “and seek immediate review in our Court.”

By contrast, the 5th Circuit decision in AT&T’s favor said the FCC “acted as prosecutor, jury, and judge,” violating the right to a jury trial. The 5th Circuit said it was guided by the Supreme Court’s June 2024 ruling in Securities and Exchange Commission v. Jarkesy, which held that “when the SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment entitles the defendant to a jury trial.”

The 2nd Circuit ruling said there are key differences between US telecom law and the securities laws considered in Jarkesy. It’s because of those differences that Verizon had the option of declining to pay the penalty and preserving its right to a jury trial, the court said.

In the Jarkesy case, the problem “was that the SEC could ‘siphon’ its securities fraud claims away from Article III courts and compel payment without a jury trial,” the 2nd Circuit panel said. “The FCC’s forfeiture order, however, does not, by itself, compel payment. The government needs to initiate a collection action to do that. Against this backdrop, the agency’s proceedings before a § 504(a) trial create no Seventh Amendment injury.”

Court rejects Verizon claim that selling location data without consent is legal Read More »

can-we-please-keep-our-broadband-money,-republican-governor-asks-trump-admin

Can we please keep our broadband money, Republican governor asks Trump admin

Landry’s letter reminded Lutnick that “Congress granted NTIA clear authority” to distribute the remaining broadband funds to states. The law says that after approving a state’s plan, the NTIA “shall make available to the eligible entity the remainder of the grant funds allocated,” and “explicitly grants you wide discretion in directing how these remaining funds can be used for ‘any use determined necessary… to facilitate the goals of the Program,'” Landry wrote.

Landry asked Lutnick to issue clear guidance on the use of remaining grant funds by October 1, and suggested that grant awards be “announced by you and President Trump no later than January 20, 2026.”

Republican governors could sway Trump admin

Levin wrote that Louisiana’s proposal is likely to be supported by other states, even if many of them would prefer the money to be spent on broadband-specific projects.

“We expect most, if not all, of the governors to support Landry’s position; they might not agree with the limits he proposes but they would all prefer to spend the money in their state rather than return the funds to the Treasury,” Levin wrote. “We also think the law is on the side of the states in the sense that the law clearly contemplates and authorizes states to spend funds on projects other than connecting unserved and underserved locations.”

Levin believes Lutnick wants to return unspent funds to the Treasury, but that other Republican governors asking for the money could shift his thinking. “If enough Republican governors and members of Congress weigh in supporting the Landry plan, we think the odds favor Lutnick agreeing to its terms,” he wrote.

Levin wrote that “Commerce agreeing to Landry’s request would avoid a potentially difficult political and legal fight.” But he also pointed out that there would be lawsuits from Democratic state officials if the Trump administration directs a lopsided share of remaining funds to Republican states.

“Democratic Governors might feel queasy about the Landry request that would allow the secretary to reassign funds to other states, but that is still better than an immediate return to Treasury and keeps open the possibility of litigation if Commerce approves red state projects while rejecting blue state projects that do the same thing,” Levin wrote.

Can we please keep our broadband money, Republican governor asks Trump admin Read More »