Posts with «government» label

The FTC might file an antitrust lawsuit to block Microsoft's Activision purchase

Microsoft's $69 billion purchase of Activision Blizzard is facing scrutiny from antitrust investigators in several countries. In the US, for instance, the Federal Trade Commission (FTC) started looking into the acquisition shortly after it was announced. Now, the FTC is reportedly ready to take action and will likely file an antitrust lawsuit to block Microsoft's massive purchase, according to Politico. Microsoft failed to convince the FTC staff reviewing the deal with its arguments, Politico's sources said, but the agency's commissioners have yet to vote on filing a complaint or to meet with lawyers. 

While a lawsuit is not 100 percent guaranteed yet, the commission is reportedly done with the biggest parts of the investigation, including with the depositions of the Microsoft chief Satya Nadella and Activision CEO Bobby Kotick. If the FTC ultimately decides to file a lawsuit, it could do so as soon as next month. The publication says the commission will likely file the case in its own in-house administrative court, since it doesn't have to bring it to federal court first to seek a temporary injunction. Seeing as other regulators are also looking into the acquisition, it wouldn't be able to go through (if it's ultimately allowed to do so) until sometime next year. 

In the UK, the Competition and Markets Authority (CMA) launched an in-depth investigation of the deal in September. And more recently, the European Commission announced that it will carry out a full-scale probe into Microsoft's purchase. Like these two European regulators, the FTC is concerned that the acquisition will give Microsoft an unfair advantage in the gaming sector and that it may significantly reduce competition in the market. 

Sony has been one of the loudest voices opposing the deal and has expressed concerns that Microsoft might make valuable IPs like Call of Duty an Xbox exclusive. Jim Ryan, Sony PlayStation's CEO, previously revealed that Microsoft only offered to keep Call of Duty available on PlayStation for three years after the current agreement ends. But Xbox chief Phil Spencer said more recently that the company is "not taking Call of Duty from PlayStation." In Microsoft's latest filing with the CMA, it argued that the acquisition won't give it an unfair advantage: Sony has more exclusive games than the Xbox, it said, and many of them are of "better quality."

New York's crypto mining restrictions are the first in the nation

Cryptocurrency mining companies hoping to set up shop in New York State may bump into some limits. Governor Kathy Hochul has signed legislation restricting crypto mining in the country, making it the first state to clamp down on the practice. The environment-focused law establishes a two-year freeze on new and renewed air permits for fossil fuel power plants used for mining that uses demanding "proof-of-work" authentication. The Department of Environmental Conservation will also have to study if and how crypto mining hurts the government's climate change mitigation efforts.

The bill passed the state legislature in June, but didn't reach Hochul's desk until this Tuesday. It wasn't guaranteed to become law. The Hillnotes that the governor didn't commit to signing the measure during an October election debate. Her main opponent, Lee Zeldin, said he wouldn't sign the bill if he were in a position to do so.

Politicians and environmental groups have worried that crypto mining, particularly that involving proof-of-work, consumes too much energy. The computationally intensive process adds to the load on the electrical grid, and has even prompted some mining outfits in New York to build natural gas-based power plants to sustain their operations. The cryptocurrency world has sometimes tried to minimize the impact. Ethereum, for instance, recently completed a merge to a less energy-hungry "proof-of-stake" system that revolves around validation from certain users.

It's not certain if other states will follow suit. Democratic Senators have pressured Texas to take action on crypto mining energy demands, but that state's government hasn't budged so far. Not surprisingly, crypto proponents have also balked at laws limiting their activity. The Chamber of Digital Commerce claimed New York's law sets a "dangerous precedent," and that proof-of-work mining played a role in economic growth. There's also the question of effectiveness — New York's law might drive some miners to states with looser policies.

The FCC is cracking down on ringless voicemail spam

You're not the only one tired of ringless voicemails that put spam in your inbox. The Federal Communications Commission has determined that these silent voicemails are covered by the same Telephone Consumer Protection Act (TCPA) rules that forbid robocalls without consent. Companies need your permission to leave these junk messages as they're still considered calls, the FCC says. The ruling takes effect today.

The finding comes five years after marketers first asked for exemptions to the regulations surrounding ringless voicemails, the FCC says. The requests, from All About the Message and two other petitioners, reportedly drew "overwhelming" negative feedback from public commenters. The Commission added that it receives "dozens" of complaints about these voicemails each year. FCC chair Jessica Rosenworcel proposed extending the TCPA to this spam in February.

As with other robocall crackdowns, there's no guarantee the voicemails will stop. Spammers may find alternate avenues to deliver these messages, and the FCC can only do so much to limit spam originating outside the US. However, this does establish firm boundaries inside the country — companies who flout the rules risk FCC action and customer lawsuits that could prove costly.

The FCC's new, more accurate broadband maps may lead to improved coverage

The Federal Communications Commission has finally published new broadband maps after a protracted development process. The "pre-production draft" release, as the FCC describes it, promises much more accurate representations of fixed internet coverage across the US. Earlier maps would only show service at the census block level, sometimes ignoring large gaps in real-world connectivity. The new maps are accurate enough that you can search by address to see which carriers are available, including the maximum claimed speeds.

The updated maps could help would-be subscribers make more informed choices about broadband service, the FCC says. They'll also theoretically add "market pressures" to internet providers who may have considered an area served if just one home in a census block was connected. Now, they may be compelled to flesh out coverage in a town or neighborhood.

The data could also prove crucial to the federal government's funding strategy. The US has yet to portion out the $42.5 billion in broadband spending from President Biden's $1 trillion Bipartisan Infrastructure Law. With more accurate maps, officials can now make better-informed decisions about where that money goes. It may be particularly important for upgrading rural broadband, which has historically been inconsistently available and slow.

The FCC cautions that there's more work to be done. The draft status indicates that the mapping work is "far from over," according to the regulator. The agency warns that this may only be effective if there's constant input from everyone involved, ranging from customers through to local governments and companies. Poor updates will render the maps ineffective, in other words.

There are also questions surrounding long-term funding and policy. While the Bipartisan Infrastructure Law may help, there are no guarantees of further commitments in the years ahead. The broadband maps only promise to show where coverage falls short — it's up to politicians, regulators and companies to address any shortcomings.

FCC orders ISPs to display labels clearly showing speeds and itemized fees

Internet service providers (ISP) will soon have to be a lot more transparent with what their plans come with and how much they truly cost. The Federal Communications Commission (FCC) has introduced new rules that will require ISPs to display easy-to-read-and-understand labels that show key facts about their products at the point of sale. These labels will resemble the nutrition labels at the back of food products and should include, among other things, the price, speed, data allowances and other aspects of a company's wired and wireless internet services.

FCC

In a statement, FCC Chairperson Jessica Rosenworcel said that by requiring the companies to display their rates clearly, the agency is "seeking to end the kind of unexpected fees and junk costs that can get buried in long and mind-numbingly confusing statements of terms and conditions." As you can see in the FCC's example above, providers will have to itemize each one-time and monthly fee you'll have to pay.

The FCC will require providers to prominently display these labels on their main purchasing pages, and in close proximity to an associated plan advertisement. They can't be hidden behind multiple clicks and can't be camouflaged by other elements in the page that they'll likely be missed. The labels also need to be accessible from your customer account portal, and the provider must give you a copy when you ask. Further, the FCC is requiring the broadband companies to make the labels machine readable, so that third-party developers can easily create tools that would make it easier to compare ISPs.

The commission proposed rules for broadband labels back in January in response to the Infrastructure Investment and Jobs Act that President Biden signed into law last year. After the Office of Management and Budget under the Paperwork Reduction Act reviews and approves the FCC's requirements, ISPs will have six months (or a year, if they're a smaller company) to comply. 

Senator Ed Markey tells Elon Musk: ‘Fix your companies. Or Congress will'

Senator Ed Markey of Massachusetts chastised Elon Musk on Sunday after the billionaire had a snarky response to the lawmaker’s request for information about Twitter’s new verification policies. “Perhaps it is because your real account sounds like a parody?” Musk tweeted Sunday morning after Markey shared a recent letter he sent criticizing the company’s new $8 per month Twitter Blue subscription. “And why does your pp have a mask!?” Musk added a few hours later, referring to Markey’s profile picture, which shows the senator wearing a face covering.

One of your companies is under an FTC consent decree. Auto safety watchdog NHTSA is investigating another for killing people. And you’re spending your time picking fights online. Fix your companies. Or Congress will. https://t.co/lE178gPRoM

— Ed Markey (@SenMarkey) November 13, 2022

Markey wasn’t impressed by Musk’s response. “One of your companies is under an FTC consent decree. Auto safety watchdog NHTSA is investigating another for killing people. And you’re spending your time picking fights online,” he said. “Fix your companies. Or Congress will.”

Markey sent the letter that prompted the exchange on November 11th. In the letter, Markey asks Musk to explain how The Washington Post was able to create a verified account impersonating him and why an official pop-up told Twitter users the verification was due to a role in government. Musk has until November 25th to answer those questions and others in writing.

Twitter suspended paid account verification less than two days after launching its new Blue subscription. While the service was available, trolls used it to impersonate celebrities, politicians and brands, leading to chaos on the platform. One account pretending to be LeBron James claimed the NBA star had requested to be traded by the Los Angeles Lakers. Another one tanked the stock of the pharmaceutical company Eli Lilly.

While there’s no certainty Markey’s warning will translate to government action, the likelihood of a regulatory response became more solid on Sunday after Democrats secured a Senate majority. Markey is also a member of the Subcommittee on Communication, Media, and Broadband, the Senate panel most likely to recommend action against Twitter.

FCC proposes rules to prevent fake emergency alerts

The Federal Communications Commission is well aware of the potential damage from fake emergency alerts, and it's hoping to minimize the threat with policy changes. The agency has proposed rules that would require stricter security for the Emergency Alert System (EAS) and Wireless Emergency Alerts. Participants and telecoms would have to not only report EAS breaches within 72 hours, but provide yearly certifications that they both have "sufficient" safeguards and a risk management plan.

The proposed rules would also require phone carriers to send authentication data ensuring that only legitimate emergency alerts reach customer devices. The FCC is similarly looking for comments on the effectiveness of the current requirements for transmitting EAS notices, and suggestions for "alternative approaches" with improvements.

The proposal comes three years after University of Colorado researchers warned that it was easy to spoof FEMA's presidential alerts, with no way to verify the authenticity of the broadcasts. And while the 2018 Hawaii missile alert was the result of an error rather than a hack, it underscored the risks associated with false warnings. Even at small scales, a fake alert could reach tens of thousands of people, possibly leading to panic and reduced trust in real messages.

It's not certain if the proposals are enough. The 72-hour window may help prevent some false alerts, but not all of them — that's plenty of time for a hacker to both breach an emergency system and send fake messages. It's likewise unclear if the FCC would update its security requirements to keep up with evolving threats. Even so, this shows that the Commission is at least aware of the dangers.

Biden admin awards $2.8 billion to ramp up US EV battery production

The Department of Energy is awarding $2.8 billion in grants to 20 companies across the US that will promote the production of materials to make EV batteries domestically, the Biden administration announced today. The funding comes from the Bipartisan Infrastructure Law, and it'll be part of a new "American Battery Materials Initiative," which aims to secure a supply of minerals for EVs and electric infrastructure (potentially things like home batteries). Given that the Biden administration wants to make EVs half of new US car purchases by 2030, we'll need a serious boost in battery production before then.

"The U.S. and its allies currently do not produce enough of the critical minerals and battery materials needed to power clean energy technologies," the Biden admin wrote in a briefing. "China currently controls much of the critical mineral supply chain and the lack of mining, processing, and recycling capacity in the U.S. could hinder electric vehicle development and adoption, leaving the U.S. dependent on unreliable foreign supply chains."

The new funding will support projects that aim to develop enough battery-grade lithium to build 2 million EVs annually, as well as enough graphite and nickel to produce 1.2 million and 400,000 EVs annually. It'll also enable some groundbreaking endeavors, like building the first lithium iron phosphate cathode facility, as well as the first large-scale lithium electrolyte salt production facility, in the US. 

After being matched by recipients, the Biden admin says the $2.8 million grants will lead to an investment of more than $9 billion towards building EV batteries. Car makers will also need more local supply sources if they want to build EVs that take full advantage of the Biden admin's new $7,500 tax credit, which require batteries and minerals produced in the US.

Satellites must be deorbited within five years of completing missions, FCC rules

The US Federal Communications Commission (FCC) has adopted new rules to address the growing risk of "space junk" or abandoned satellites, rockets and other debris. The new "5-year-rule" will require low-Earth operators to deorbit their satellites within five years following the completion of missions. That's significantly less time than the previous guideline of 25 years. 

"But 25 years is a long time," FCC Chairwoman Jessica Rosenworcel said in a statement. "There is no reason to wait that long anymore, especially in low-earth orbit. The second space age is here. For it to continue to grow, we need to do more to clean up after ourselves so space innovation can continue to respond."

Rosenworcel noted that around 10,000 satellites weighing "thousands of metric tons" have been launched since 1957, with over half of those now defunct. The new rule "will mean more accountability and less risk of collisions that increase orbital debris and the likelihood of space communication failures."

However, some US representatives don't necessarily agree with the decision. Members of the Committee on Science, Space, and Technology said in a letter that such decisions are often taken by NASA. By acting unilaterally, the FCC "could create uncertainly and potentially conflicting guidance" for the space industry. They asked the FCC to explain the decision to Congress, saying "this would ensure that procedural measures such as the Congressional Review Act are not necessary."

NASA has said there are "23,000 pieces of debris larger than a softball orbiting the Earth." It noted that China's 2007 anti-satellite test "added more than 3,500 pieces of large, trackable debris and many more smaller debris to the debris problem."

New York joins California in aiming to make all auto sales hybrid or EV by 2035

New York is following California's lead by mandating that all new cars, pickups and SUVs sold in the state must be either EVs or plug-in hybrids, Governor Kathy Hochul announced. To reach that goal, 35 percent of new cars must be zero-emission by 2026 and 60 percent by 2030. New school buses must also be zero emissions by 2035. A public hearing will be held before the rules are put into place.

Hochul ordered the state's environmental agency to create similar standards to those adopted by California that phases out all fossil-fuel-only car sales by 2035. Those rules went into last month and were designed to reduce passenger vehicle pollution 25 percent by 2037, with 9.5 fewer internal-combustion engine (ICE) only vehicles sold by 2035.

“We had to wait for California to take a step because there’s some federal requirements that California had to go first — that’s the only time we’re letting them go first,” the governor said in a press conference yesterday.

NEW: All new vehicles sold in New York must be zero emissions by 2035.

By revving up our clean transportation transition and making major investments to make EVs more accessible, we’re supercharging our fight against climate change. #NationalDriveElectricWeekpic.twitter.com/AWvSjK8b7D

— Governor Kathy Hochul (@GovKathyHochul) September 29, 2022

The state is following California's actions for a reason. The Clean Air Act permits California to set its own pollution rules, but other states aren't allowed to do that. However, they can follow California once it acts — so California must pave the way for any emissions rules implemented by individual states.

The governor also unveiled a $10 million Drive Clean Rebate Program. That gives residents a $2,000 rebate toward the purchase of over 60 EVs and plug-in hybrids that's on top of the $7,500 federal tax rebate. The state has spent $92 million on the program to date. The state also announced the installation of its 100th fast charger as part of the EVolve charging network. 

"With sustained state and federal investments, our actions are incentivizing New Yorkers, local governments, and businesses to make the transition to electric vehicles," Hochul said.