Today the Wall Street Journal reported that restoring net neutrality to America is "on shakier legal footing after a Supreme Court decision on Friday shifted power away from federal agencies." "It's hard to overstate the impact that this ruling could have on the regulatory landscape in the United States going forward," said Leah Malone, a lawyer at Simpson Thacher & Bartlett. "This could really bind U.S. agencies in their efforts to write new rules." Now that [the "Chevron deference"] is gone, the Federal Communications Commission is expected to have a harder time reviving net neutrality — a set of policies barring internet-service providers from assigning priority to certain web traffic...

The Federal Communications Commission reclassified internet providers as public utilities under the Communications Act. There are pending court cases challenging the FCC's reinterpretation of that 1934 law, and the demise of Chevron deference heightens the odds of the agency losing in court, some legal experts said. "Chevron's thumb on the scale in favor of the agencies was crucial to their chances of success," said Geoffrey Manne, president of the International Center for Law and Economics. "Now that that's gone, their claims are significantly weaker."
Other federal agencies could also be affected, according to the article. The ruling could also make it harder for America's Environmental Protection Agency to crack down on power-plant pollution. And the Federal Trade Commission face more trouble in court defending its recent ban on noncompete agreements. Lawyer Daniel Jarcho tells the Journal that the Court's decision "will unquestionably lead to more litigation challenging federal agency actions, and more losses for federal agencies."

Friday a White House press secretary issued a statement calling the court's decision "deeply troubling," and arguing that the court had "decided in the favor of special interests".

The Supreme Court on Friday overturned a long-standing legal doctrine in the US, making a transformative ruling that could hamper federal agencies' ability to regulate all kinds of industry. The Verge adds: Six Republican-appointed justices voted to overturn the doctrine, called Chevron deference, a decision that could affect everything from pollution limits to consumer protections in the US.

Chevron deference allows courts to defer to federal agencies when there are disputes over how to interpret ambiguous language in legislation passed by Congress. That's supposed to lead to more informed decisions by leaning on expertise within those agencies. By overturning the Chevron doctrine, the conservative-dominated SCOTUS decided that judges ought to make the call instead of agency experts.

The SEC sued Ethereum software provider ConsenSys over its MetaMask service on Friday, alleging the wallet product was an unregistered broker that "engaged in the offer and sale of securities." From a report: MetaMask also offered an unregistered securities program through its staking service, the SEC alleged in a filing in the courthouse in the Eastern District of New York. The SEC alleged in its lawsuit that it offered staking services for Lido and Rocket Pool as investment contracts, meaning they are also unregistered securities. "Consensys has collected over $250 million in fees," the SEC alleged. You can read the full lawsuit here [PDF].

An anonymous reader shares a report: A top executive at McDonald's says the chain does not have plans to bring back plant-based options after a test of its McPlant burger in San Francisco and Dallas failed. "It was not successful in either market," Joe Erlinger, McDonald's U.S. president, said during the Wall Street Journal Global Food Forum in Chicago on Wednesday.

American consumers are not coming to McDonald's looking for a McPlant burger or other plant-based proteins, Erlinger added. The chain had previously partnered with Beyond Meat to make McPlant burgers and nuggets. Plant-based items are off the menu for now, but Erlinger didn't rule out the possibility that salads could one day make a return. That'll depend on whether customer demand is there.

"If people really want salads from McDonald's, we will gladly relaunch salads," Erlinger said. "But what our experience has proven is that's not what the consumer is looking for from McDonald's." Instead, consumers are looking for french fries, $5 meal deals, and hot, fresh sandwiches, he added.

A former Boeing contractor has filed complaints with federal agencies, alleging safety issues in 787 Dreamliner production and wrongful termination. Richard Cuevas, a veteran mechanic, claims he observed improper drilling of fastener holes in forward pressure bulkheads during his work with Spirit AeroSystems, Boeing's main supplier.

Cuevas warned that these defects could compromise aircraft safety. After reporting concerns to the FAA and his superiors, Cuevas says he was fired. His lawyers have urged investigations into Dreamliner bulkheads and claim unlawful retaliation. Boeing stated they investigated the concerns thoroughly and determined no safety risk.

Many American subscribers are unable to use their phones overseas because all three major U.S. carriers are experiencing outages. According to The Register, the outages have been ongoing for several hours and stem from third-party communications technology company Syniverse. From the report: "Since the onset of these issues, Syniverse has been working closely with our network partners to restore full service," Syniverse, a US-based comms provider that focuses on roaming services, said in a statement confirming the breakdown. "We understand the inconvenience this has caused and appreciate your patience as we navigate this challenge."

"We're one of several providers impacted by a third-party vendor's issue that is intermittently affecting some international roaming service," T-Mo told us. "We're working with them to resolve it." Similarly, AT&T stated: "The AT&T network is operating normally. Some customers traveling internationally may be experiencing service disruptions due to an issue outside the AT&T network. We're working with one of our roaming connectivity providers to resolve the issue." Likewise, Verizon said, "An international third party communications provider is having issues with making voice and data connections with US based customers traveling overseas."

The international roaming outage has hit users' ability to do calls and texts, and reach the internet. According to Verizon, it's not a complete blackout. "70 percent of calls and data connections are going through at this time," the carrier firm told The Register in the past hour or so. Developing...

The FCC wants to make it significantly easier for consumers to unlock their phones from their carriers, proposing that all devices must be unlockable just 60 days after purchase. From a report: How this will mesh with current plans and phone buying trends, however, is something the agency is hoping to learn before putting such a rule into effect. Mobile phones purchased from a carrier are generally locked to that carrier until either the contract is up or the phone is paid off. But despite improvements to the process over the years (unlocking was flat-out illegal not long ago), it still isn't quite clear to all consumers when and how they can unlock their phone and take it to the carrier (or country) of their choice.

FCC Chairwoman Jessica Rosenworcel announced the Notice of Proposed Rulemaking, or NPRM, in a press release today. "When you buy a phone, you should have the freedom to decide when to change service to the carrier you want and not have the device you own stuck by practices that prevent you from making that choice," she wrote. "That is why we are proposing clear, nationwide mobile phone unlocking rules." Specifically, the release says, carriers would simply have to provide unlocking services 60 days after activation. A welcome standard, but it may run afoul of today's phone and wireless markets.

The Supreme Court decided to press pause on the Environmental Protection Agency's plan to prevent smog-forming pollutants from drifting across state borders. From a report: Ohio, Indiana, West Virginia, and various trade organizations including fossil fuel industry groups asked the Supreme Court to issue a stay on the plan while they contest the EPA's actions in lower courts. SCOTUS agreed to put the plan on hold today in its opinion on Ohio v. Environmental Protection Agency. Five justices voted in favor of halting implementation for now, while the remaining justices dissented.

"If anything, we see one reason for caution after another," Justice Neil Gorsuch writes in his opinion. While the stay is temporary, the decision signals that the conservative-leaning Supreme Court is likely to rule in favor of states opposing the EPA's plan if the issue makes it to the nation's highest court again for a final decision on the plan's legal merit. That could make it harder to improve air quality across the nation since air pollutants typically don't stay in one place.

Publicly traded crypto exchange Coinbase, in connection with History Associates Incorporated, has filed two civil lawsuits against the Securities and Exchange Commission and Federal Deposit Insurance Corporation for their failure to comply with FOIA requests. From a report: The Freedom of Information Act, or FOIA, grants the full or partial disclosure of previously unreleased information that's controlled by the U.S. government. Generally speaking, agencies have 20 days to respond -- not necessarily satisfy -- these requests. And even when government agencies do furnish documents, they can redact anything that falls under certain exemptions: Information related to national security, internal personnel, trade secrets, law enforcement, or financial institution records.

Late last year, Coinbase hired History Associates Incorporated, a private historical research firm, to submit a FOIA request on its behalf. The San Francisco crypto exchange was seeking copies of "Pause Letters" sent to financial institutions asking them to indefinitely cease all "crypto-related activities," according to the complaint. The letters were described in a report from the FDIC's Office of Inspector General (OIG), but never shared publicly. The OIG said the letters presented a "risk that the FDIC would inadvertently limit financial institution innovation and growth in the crypto space." The FDIC refused to provide History Associates or Coinbase with the letters.

The US Conference of Mayors, which speaks for the administrations of more than 1,400 cities with a population of at least 30,000 people, adopted a resolution over the weekend at its annual meeting that voiced an objection to HR 3557, a draft law known as the American Broadband Deployment Act of 2023. From a report: The bill, which was introduced by House Rep Earl Carter (R-GA) last May and is awaiting further consideration by Congress, is ostensibly designed to make it easier for telcos to build infrastructure and run additional cables on state and locally managed land, ideally allowing fast broadband connectivity to reach more and more folks.

Rep Carter went as far as saying his proposals will ensure "more Americans have access to internet and the United States can maintain its competitive edge against China." Meanwhile, the mayors say HR 3557 strips local governments of authority to oppose bad projects. What raises particular ire are provisions in the draft law that would provide a very short window for opposition. What we have here, basically, is a classic example of one side trying to strip away what is perceived to be bureaucracy and red tape, and the other side insisting that checks and balances are sorely needed.

The U.S. Supreme Court on Wednesday rejected to impose limits on the way President Joe Biden's administration may communicate with social media platforms, overturning a lower court decision in a case brought by Missouri, Louisiana, and five individuals. In a 6-3 ruling, the court found plaintiffs lacked legal standing to sue, unable to show a "concrete link" between officials' conduct and harm suffered.

The case centered on whether the administration coerced platforms to censor disfavored speech when alerting them to content violating their policies, particularly regarding elections and COVID-19. The administration argued it sought to mitigate online misinformation hazards. Plaintiffs claimed platforms suppressed conservative-leaning speech under government pressure. The Justice Department contended that government officials have long used their platform to express views on public matters.

The Biden administration is investigating China Mobile, China Telecom and China Unicom over concerns the firms could exploit access to American data through their U.S. cloud and internet businesses by providing it to Beijing, Reuters reported Tuesday, citing sources familiar with the matter. From the report: The companies still have a small presence in the United States, for example, providing cloud services and routing wholesale U.S. internet traffic. That gives them access to Americans' data even after telecom regulators barred them from providing telephone and retail internet services in the United States.

Reuters found no evidence the companies intentionally provided sensitive U.S. data to the Chinese government or committed any other type of wrongdoing. The investigation is the latest effort by Washington to prevent Beijing from exploiting Chinese firms' access to U.S. data to harm companies, Americans or national security, as part of a deepening tech war between the geopolitical rivals. It shows the administration is trying to shut down all remaining avenues for Chinese companies already targeted by Washington to obtain U.S. data.

It's been a 1,000 years since there was a significant volcanic eruption from Mount Rainier, CNN reminds readers. It's a full 60 miles from Tacoma, Washington — and 90 miles from Seattle. Yet "more than Hawaii's bubbling lava fields or Yellowstone's sprawling supervolcano, it's Mount Rainier that has many U.S. volcanologists worried."

"Mount Rainier keeps me up at night because it poses such a great threat to the surrounding communities, said Jess Phoenix, a volcanologist and ambassador for the Union of Concerned Scientists, on an episode of CNN's series "Violent Earth With Liv Schreiber." The sleeping giant's destructive potential lies not with fiery flows of lava, which, in the event of an eruption, would be unlikely to extend more than a few miles beyond the boundary of Mount Rainier National Park in the Pacific Northwest. And the majority of volcanic ash would likely dissipate downwind to the east away from population centers, according to the US Geological Survey. Instead, many scientists fear the prospect of a lahar — a swiftly moving slurry of water and volcanic rock originating from ice or snow rapidly melted by an eruption that picks up debris as it flows through valleys and drainage channels.

"The thing that makes Mount Rainier tough is that it is so tall, and it's covered with ice and snow, and so if there is any kind of eruptive activity, hot stuff ... will melt the cold stuff and a lot of water will start coming down," said Seth Moran, a research seismologist at USGS Cascades Volcano Observatory in Vancouver, Washington. "And there are tens, if not hundreds of thousands of people who live in areas that potentially could be impacted by a large lahar, and it could happen quite quickly." The deadliest lahar in recent memory was in November 1985 when Colombia's Nevado del Ruiz volcano erupted. Just a couple hours after the eruption started, a river of mud, rocks, lava and icy water swept over the town of Armero, killing over 23,000 people in a matter of minutes... Bradley Pitcher, a volcanologist and lecturer in Earth and environmental sciences at Columbia University, said in an episode of CNN's "Violent Earth"... said that Mount Rainier has about eight times the amount of glaciers and snow as Nevado del Ruiz had when it erupted. "There's the potential to have a much more catastrophic mudflow...."

Lahars typically occur during volcanic eruptions but also can be caused by landslides and earthquakes. Geologists have found evidence that at least 11 large lahars from Mount Rainier have reached into the surrounding area, known as the Puget Lowlands, in the past 6,000 years, Moran said.
Two major U.S. cities — Tacoma and South Seattle — "are built on 100-foot-thick (30.5-meter) ancient mudflows from eruptions of Mount Rainier," the volcanologist said on CNN's "Violent Earth" series.

CNN's article adds that the US Geological Survey already set up a lahar detection system at Mount Rainier in 1998, "which since 2017 has been upgraded and expanded. About 20 sites on the volcano's slopes and the two paths identified as most at risk of a lahar now feature broadband seismometers that transmit real-time data and other sensors including trip wires, infrasound sensors, web cameras and GPS receivers."

TikTok revealed it offered the U.S. government a "kill switch" in 2022 to address data protection and national security concerns, allowing the government to shut down the platform if it violated certain rules. The disclosure was made as it began its legal fight against legislation that will require ByteDance to divest TikTok's U.S. assets or face a ban. The BBC reports: "This law is a radical departure from this country's tradition of championing an open Internet, and sets a dangerous precedent allowing the political branches to target a disfavored speech platform and force it to sell or be shut down," they argued in their legal submission. They also claimed the US government refused to engage in any serious settlement talks after 2022, and pointed to the "kill switch" offer as evidence of the lengths they had been prepared to go.

TikTok says the mechanism would have allowed the government the "explicit authority to suspend the platform in the United States at the US government's sole discretion" if it did not follow certain rules. A draft "National Security Agreement", proposed by TikTok in August 2022, would have seen the company having to follow rules such as properly funding its data protection units and making sure that ByteDance did not have access to US users' data. The "kill switch" could have been triggered by the government if it broke this agreement, it claimed.

In a letter - first reported by the Washington Post - addressed to the US Department of Justice, TikTok's lawyer alleges that the government "ceased any substantive negotiations" after the proposal of the new rules. The letter, dated 1 April 2024, says the US government ignored requests to meet for further negotiations. It also alleges the government did not respond to TikTok's invitation to "visit and inspect its Dedicated Transparency Center in Maryland." Further reading: TikTok Says US Ban Inevitable Without a Court Order Blocking Law

The Kremlin said on Friday that a U.S. decision to ban sales of Kaspersky's software was a typical move by Washington to stifle foreign competition with American products. From a report: The Biden administration on Thursday said it would ban the sale of antivirus software made by Russia's Kaspersky Lab in the United States, citing what it said was the Kremlin's influence over the company which poses a significant security risk. [...] Kremlin spokesman Dmitry Peskov said that Kaspersky was a "very competitive" company on international markets and that Washington's decision to restrict its sales was a "favourite technique of unfair competition from the United States."

New York Governor Kathy Hochul (D) signed two bills into law on Thursday that aim to protect kids and teens from social media harms, making it the latest state to take action as federal proposals still await votes. From a report: One of the bills, the Stop Addictive Feeds Exploitation (SAFE) for Kids Act, will require parental consent for social media companies to use "addictive feeds" powered by recommendation algorithms on kids and teens under 18. The other, the New York Child Data Protection Act, would limit data collection on minors without consent and restrict the sale of such information but does not require age verification. That law will take effect in a year.

States across the country have taken the lead on enacting legislation to protect kids on the internet -- and it's one area where both Republicans and Democrats seem to agree. While the approaches differ somewhat by party, policymakers on both sides have signaled urgent interest in similar regulations to protect kids on the internet. Florida Governor Ron DeSantis (R), for example, signed into law in March a bill requiring parents' consent for kids under 16 to hold social media accounts. And in May, Maryland Governor Wes Moore (D) signed a broad privacy bill into law, as well as the Maryland Kids Code banning the use of features meant to keep minors on social media for extended periods, like autoplay or spammy notifications.

TikTok and Chinese parent ByteDance on Thursday urged a U.S. court to strike down a law they say will ban the popular short app in the United States on Jan. 19, saying the U.S. government refused to engage in any serious settlement talks after 2022. From a report: Legislation signed in April by President Joe Biden gives ByteDance until Jan. 19 of next year to divest TikTok's U.S. assets or face a ban on the app used by 170 million Americans. ByteDance says a divestiture is "not possible technologically, commercially, or legally."

The U.S. Court of Appeals for the District of Columbia will hold oral arguments on lawsuits filed by TikTok and ByteDance along with TikTok users on Sept. 16. TikTok's future in the United States may rest on the outcome of the case which could impact how the U.S. government uses its new authority to clamp down on foreign-owned apps. "This law is a radical departure from this country's tradition of championing an open Internet, and sets a dangerous precedent allowing the political branches to target a disfavored speech platform and force it to sell or be shut down," ByteDance and TikTok argue in asking the court to strike down the law.

The Biden administration on Thursday will announce plans to bar the sale of Kaspersky Lab's antivirus software in the United States, citing the firm's large U.S. customers including critical infrastructure providers and state and local governments, according to Reuters. From the report: The company's close ties to the Russian government were found to pose a critical risk, the person said, adding that the software's privileged access to a computer's systems could allow it to steal sensitive information from American computers, install malware or withhold critical updates. The sweeping new rule, using broad powers created by the Trump administration, will be coupled with another move to add the company to a trade restriction list, according to two other people familiar with the matter, dealing a blow to the firm's reputation that could hammer its overseas sales.

The plan to add the cybersecurity company to the entity list, which effectively bars a company's U.S. suppliers from selling to it, and the timing and details of the software sales curb, have not been previously reported. Previously, Kaspersky has said that it is a privately managed company with no ties to the Russian government. The moves show the administration is trying to stamp out any risks of Russian cyberattacks stemming from Kaspersky software and keep squeezing Moscow as its war effort in Ukraine has regained momentum and as the United States has run low on fresh sanctions it can impose on Russia.

Pornhub plans to block access to its website in Indiana, Idaho, Kansas, Kentucky, and Nebraska in response to age verification laws designed to prevent children from accessing adult websites. From a report: The website has now cut off access in more than half a dozen states in protest of similar age verification laws that have quickly spread across conservative-leaning US states. Indiana, Idaho, and Kansas will lose access on June 27th, according to alerts on Pornhub's website that were seen by local news sources and Reddit users; Kentucky will lose access on July 10th, according to Kentucky Public Radio.

The U.S. Senate has passed a bill to accelerate the deployment of nuclear energy capacity, including by speeding permitting and creating new incentives for advanced nuclear reactor technologies. From a report: Expanding nuclear power has broad bipartisan support, with Democrats seeing it as critical to decarbonizing the power sector to fight climate change and Republicans viewing it as a way to ensure reliable electricity supply and create jobs. A version of the bill had already passed in the House of Representatives and it will now go to President Joe Biden for a signature to become law. It passed the Senate 88-2 votes.

"In a major victory for our climate and American energy security, the U.S. Senate has passed the ADVANCE Act with overwhelming, bipartisan support," said Senator Tom Carper, a Democrat, who is Chairman of the Senate Environment and Public Works Committee. "Today, we sent the ADVANCE Act to the president's desk because Congress worked together to recognize the importance of nuclear energy to America's future and got the job done," said Republican Shelley Moore Capito, a ranking member of the committee.