Brian Fung Profile picture
10 Nov, 5 tweets, 2 min read
Trump’s FCC nominee Nathan Simington acknowledges he played a “minor” role in drafting and preparing the Trump administration’s petition to the FCC to “clarify” #Section230.

Sen. Cruz asks if he thinks the FCC rulemaking should move forward. “Senator, I do,” Simington says.
If confirmed, Simington would thus be in a position to oversee a proceeding that he helped ask for while in the Trump administration.

Sen. Blumenthal asks if Simington would recuse himself. Simington says it’s “premature” to say but that he would consult the FCC ethics office.
Blumenthal, in his opening remarks, said Simington’s nomination — and Trump’s tweet earlier today urging a swift confirmation — raises concerns that “you have been sent to the FCC on a mission to execute” Trump’s social media executive order.
That Senate confirmation hearing is ongoing and you can watch live here: commerce.senate.gov/2020/11/commit…
Simington rules out classifying ISPs under Title II of the Communications Act: "I see no reason to pursue reclassification.”

Not entirely a surprise but there you go for #netneutrality followers.

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More from @b_fung

10 Nov
A viral YouTube video with over a million views and that's been shared repeatedly in the top-performing Facebook group in politics claims Biden has lost his status as president-elect. Others claim CNN has altered its projections. Neither claim is true. cnn.com/2020/11/10/tec…
The viral video’s main source is a misleading, now-removed tweet by Pam Bondi saying RealClearPolitics had changed its projections for Pennsylvania, thus losing Biden the race. But RCP itself said it had never called the state.

YouTube says the video doesn’t violate its rules.
Some experts are warning that the damage being done now by misinformation ecosystems could last for “years or even decades, unfortunately, because people are very motivated to both participate in them and believe them.” cnn.com/2020/11/10/tec…
Read 4 tweets
28 Oct
A few quick impressions from today’s #Section230 hearing.

The exchange between Dorsey and Gardner really illustrates how confusing social media policies (and their enforcement) are to most people.
Per Dorsey, Twitter has no general misinformation policy, but it does have specific misinfo policies on Covid and elections. They apply to world leaders, but also don’t, in that a world leaders policy protects them. Except when tweets to a domestic audience could cause harm.
Is it any wonder that normal people find this completely mind-boggling?
Read 14 tweets
28 Sep
Thanks to the incredible @leah_nylen the press is able to view the remote proceedings now underway in Epic Games v. Apple. Updates to follow.
The debate right now is over how to define the market that Apple is allegedly monopolizing.

Judge Yvonne Gonzalez Rogers is pushing Epic on its claim that the relevant market is iOS app distribution, asking why it isn’t “video games” writ large.
Epic’s lawyer argues that many Fortnite players “don’t have multiple devices” to play Fortnite on.

Apple’s lawyer argues there are “many channels” for Epic to distribute Fortnite on besides iOS.
Read 40 tweets
21 Sep
I’ve spent my morning trying to understand better who will own what under the TikTok deal, and it is just an utter mess trying to get to any clarity. If you know more, please get in touch.

We start with two seemingly conflicting statements from ByteDance and Oracle…
ByteDance claimed that the new TikTok ("TikTok Global”) will be a “100% owned subsidiary of ByteDance.”

Oracle said after it and Walmart make their investment, "Americans will be the majority and ByteDance will have no ownership in TikTok Global."
Here’s what I’ve been able to gather so far, from a person familiar with the deal.

TikTok Global has to be created. Once it’s established, its ownership structure will simply reflect ByteDance’s ownership structure, but this is not the same as saying ByteDance is the owner.
Read 9 tweets
19 Sep
Trump says he’s approved the ByteDance-Oracle deal — story to come soon.
“I have given the deal my blessing,” Trump said. He also claimed the deal will include a $5 billion fund for US education, and that TikTok would be “totally controlled” by Walmart and Oracle (which seems to conflict with what we all were reporting earlier this week).
Read 5 tweets
18 Sep
Seeing lots of tweets that simply assume if Trump blesses the Oracle-ByteDance deal in the next couple days, the skies clear and the TikTok ban magically goes away. It may not be that easy.
First, as I wrote here, the timing is real tight on the US side (it was when this piece first published and is increasingly so).

cnn.com/2020/09/14/tec…
Second, any deal must still be approved by the Chinese government, so that’s an additional layer of complexity.
Read 8 tweets

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