Digital Updates – April

DIGITAL UPDATES

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APRIL UPDATES

California Assembly Advances Multiple CCPA Amendments

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On April 23, the California State Assembly’s Committee on Privacy and Consumer Protection voted favorably on multiple amendments to the California Consumer Protection Act (CCPA). The approved amendments include AB 874 (amending the definition of “personal information”), AB 846 (amending the discrimination provisions of the CCPA), AB 1355 (correcting drafting errors), AB 25 (amending the definition of “consumers”), AB 873 (amending the definitions of “personal information” and “deidentified”). These amendments would reduce legal uncertainty for publishers operating in California by clarifying and amending ambiguous and harmful provisions of the law. An amendment that would have largely rewritten the CCPA (AB 1760), including by requiring opt-in consent, was withdrawn at the request of the sponsor. The approved amendments were referred to the Assembly’s Committee on Appropriations before they go in front of the whole Assembly. Meanwhile, in the Senate, SB 561 (expanding the CCPA’s private right of action) was placed on the Appropriation Committee’s suspense file on April 29, making its passage less likely, while SB 753 (amending the definition of “sale”) was withdrawn from the Senate Judiciary Committee’s agenda on April 23. It is not clear if SB 753 will be rescheduled for hearing at a later date.

EU Formally Adopts Copyright Directive

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On April 15, the member states of the European Union officially adopted the long-awaited Copyright Directive, creating a Publishers’ Right in the EU. The Directive allows publishers to protect their content online against unauthorized uses, including by news aggregators. The Alliance played an active role in advocating for the Directive. Following the European Parliament’s vote on the Directive in March, and the Council’s approval last week, the Directive was reportedly signed on April 17. The member states will have two years to implement the Directive at the national level following its publication in the Official Journal. Read more about the Directive here.

Alliance to Meet with Privacy Advocates; California Considers Amendments to CCPA

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The Alliance will meet with privacy advocates, including Alastair Mactaggart and Ashkan Soltani, to discuss issues related to the California Consumer Privacy Act. The meeting will focus on the CCPA’s potential effects on news publishers. As it currently stands, the CCPA would have significant impact on news publishers’ ability to benefit from digital advertising. The Alliance previously filed comments with the California Attorney General advocating for clarifications in the law. The Attorney General is required to publicize rules for implementing the CCPA by July 1, 2020. In addition to the AG’s rulemaking process, the California legislature is currently considering eight bills that would amend the CCPA. The Alliance is supporting a proposal that would amend the definition of “sale” to allow news publishers to financially support journalism.

Department of Justice Holds Workshop on Digital Advertising

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The Department of Justice announced that it will hold a workshop from May 23 on advertising and antitrust enforcement and policy. The workshop will focus on television and online advertising, including the role of online and mobile ad networks. Assistant Attorney General Makan Delrahim will open the workshop. Panelists will include representatives from BIA Advisory Services, Breitbart, Facebook and Sinclair, among others. The panels will cover four distinct policy areas: television advertising, internet and mobile advertising, the competitive dynamics in media advertising, and trends and predictions. The event is open to the public with advance registration encouraged. Following the workshop, the DOJ will be accepting written comments on the issues covered until June 15. Read more about the workshop here.

Copyright Office Hosts Roundtable on Online Platform Liability

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On April 8, the U.S. Copyright Office organized the fifth roundtable in their ongoing Section 512 study, which evaluates the impact and effectiveness of the safe harbor provisions included in Section 512 of the Copyright Act. While the Section 512 safe harbors concern user-generated content, one of the roundtable panels focused more generally on international developments in online service provider liability. Alliance Senior VP, Strategic Initiatives, Danielle Coffey participated in the panel on international developments, drawing attention to the recently passed EU Copyright Directive, its effect on online platforms’ liability for infringing content and the need for effective enforcement mechanisms. Other speakers included representatives from Google, Facebook and other industry organizations. Read more about the Section 512 study here.

Federal Trade Commission Holds Hearing on Consumer Privacy

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The Federal Trade Commission continued its hearings on April 9 and 10 on Competition and Consumer Protection in the 21st Century, with a hearing focused on the agency’s approach to consumer privacy. Participants included Alastair Mactaggart (Chairman, Californians for Consumer Privacy), Jason Kint (CEO, Digital Content Next) and representatives from other companies, public interest organizations and universities. They discussed the benefits of data collection and use for consumers, data minimization practices, and the existing and suggested legal frameworks for regulating consumer privacy. The participants also drew attention to the UK’s Online Harms White Paper. Watch the whole hearing here.

UK Government Releases Online Harms White Paper; Congress Continues Hearings on Online Platforms

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On April 8, the United Kingdom’s Department for Digital, Culture, Media and Sport and the Home Office released their long-awaited “Online Harms White Paper” that sets outs to tackle harmful content distributed by online platforms through the establishment of an independent watchdog and drafting of a code of practice. It also recommends giving the watchdog the right to fine non-compliant companies, potentially including company executives. Online platforms would be held accountable for a set of online harms, ranging from illegal content and activity to conduct that is harmful, but not illegal. At the same time, the U.S. Congress is continuing its hearings on hate speech and online censorship. On April 9, the House Judiciary Committee held a hearing titled “Hate Crimes and the Rise of White Nationalism,” where representatives from Google and Facebook stated that determining hate speech online can often be difficult. Meanwhile, the Senate Subcommittee on the Constitution held a hearing on April 10 on “Stifling Free Speech: Technological Censorship and the Public Discourse,” with representatives from Twitter and Facebook, among other witnesses. Elsewhere, Canada is reportedly considering regulating online platforms, Australia adopted a law aimed at violent content on social media, and New Zealand indicated it might follow Australia’s example.

Facebook Considers Paying News Publishers for Content

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On April 1, Facebook’s Mark Zuckerberg stated in a discussion with Axel Springer’s Mathias Döpfner that Facebook may start paying news publishers for the use of news content on the platform. According to Zuckerberg, Facebook is considering creating a separate news tab that would host high-quality news content based on direct relationships with the news publishers. Facebook is reportedly not planning on charging users to read the news, but instead opting to pay publishers from its own pocket. The announcement came a few days after the European Parliament adopted the Copyright Directive that will create a Publishers’ Right in the EU, allowing news publishers to protect their content online and negotiate licensing agreements with online platforms. Read more about Zuckerberg’s announcement here.

Journalism Competition and Preservation Act Reintroduced in the House

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On April 3, House Antitrust Subcommittee Chairman David Cicilline (D-RI) and House Judiciary Ranking Member Doug Collins (R-GA) reintroduced H.R. 2054, the “Journalism Competition and Preservation Act,” first introduced in the last Congress. The bill would grant news publishers an antitrust safe harbor allowing them to come together to collectively negotiate with the tech platforms for more equitable terms. The safe harbor would last for four years, and allow news publishers to withhold content during the negotiations. The bill is supported by the American Society of News Editors (ASNE), National Newspaper Association (NNA), Association of Alternative Newsmedia (AAN), and 48 state press associations representing 49 states and the District of Columbia. The Alliance is continuing efforts to gain additional bipartisan support, as well as a companion bill in the Senate. Read all materials on the bill here.

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