Agreeing with X’s First Amendment arguments, the 9th U.S. Circuit Court of Appeals supported blocking a California law requiring social media companies to provide the state with semiannual disclosures of their content-moderation policies. In a Wednesday opinion, the appeals court reversed a U.S. District Court for Eastern California decision to deny X’s request for a preliminary injunction to block enforcement of AB-587. The 9th Circuit remanded to the district court with instructions to enter a preliminary injunction against the reporting requirement and to determine if other challenged provisions should also be enjoined. X is likely to succeed on the merits of its claim that the reporting requirement facially violates the First Amendment, found a 9th Circuit panel including Judges Milan Smith, Mark Bennett and Anthony Johnstone. The disclosure requirements “likely compel non-commercial speech and are subject to strict scrutiny, under which they do not survive,” Smith wrote (case 24-271). Because the court is reversing based on free-speech grounds, it needn’t address X's arguments that Section 230 of the Communications Decency Act preempts the law, the judge said. X and California AG Rob Bonta (D) didn’t comment by our deadline.

New York sought 30-day extensions to two U.S. Supreme Court deadlines related to ISP groups’ challenge of the state’s Affordable Broadband Act. Last month, ISP groups asked the high court to review a 2nd U.S. Circuit Court of Appeals 2-1 ruling that federal statute doesn't preempt the 2021 state law requiring $15 monthly plans with 25 Mbps download and 3 Mbps upload speeds for qualifying low-income households (see 2408130021). Currently, New York must respond to the petition for certiorari by Sept. 13 and industry groups’ stay application by Sept. 16 in case 24A138. However, in a Wednesday letter to SCOTUS, New York Solicitor General Barbara Underwood said “upcoming oral arguments and briefing deadlines in other matters will make it very difficult for me and for the other attorneys on this matter to meet the current deadlines.” A 30-day extension “would provide respondent with an opportunity to respond as appropriate to the amicus briefs that we have been told will be filed in support of the petition,” she added. Underwood said she was told petitioners “consent to this extension request.”

GCI Communications "successfully restored basic mobile voice and text services using alternative technologies" following a subset fiber break last week in Sitka, Alaska, a spokesperson told us this week. Customers are still unable to use mobile data, internet and Yukon TV services, the spokesperson said, but a "fiber repair ship is en route and is expected to be at the site of the break by the end of the week." Repairs could take up to six days "depending on the complexity of the situation and other challenges that may arise," he said: "We understand this is frustrating and appreciate our customers’ patience as we work to fully restore services as quickly as possible."

North Carolina launched a challenge process Tuesday for the broadband equity, access and deployment program. In a news release, Gov. Roy Cooper (D) urged local and tribal governments, broadband providers and nonprofits to submit challenges before 11:59 p.m. Oct. 3. “I encourage everyone to share feedback to help us achieve internet for all,” he said.

New York should ban children from using cellphones during the school day, Gov. Kathy Hochul, D-N.Y., said Wednesday. New York is one of several states considering legislation and policies either restricting or banning children from using cellphones in school (see 2406070065). Virginia Gov. Glenn Youngkin (R) signed an executive order in July that would implement restrictions by January. Legislators in Utah are considering a cellphone ban proposal, and California is advancing legislation (see 2408280033). Hochul during a Semafor livestream was asked if she thinks New York should implement a ban. “I personally do,” she said, noting she will be meeting with school union officials who support the proposal in the coming weeks. Hochul said she recognizes some parents are “anxious” about the prospect, especially if it could affect communication during a school shooting or crisis. If there’s a mass shooter, students should be following instructions from teachers and staff, not texting or recording the incident, said Hochul: Their attention should be on the adults who can bring them to safety. The purpose of school is to raise adults who can interact with each other and “make eye contact,” said Hochul. This generation isn’t communicating on a “human level” because of its dependency on cellphones throughout the day, she said: Students are supposed to be “paying attention and learning in school.” FTC Consumer Protection Director Samuel Levine said Hochul is correct that social media companies intentionally try to addict children. The agency welcomes states, both Democratic- and Republican-led, responding to this “real mental health crisis” for kids and teens, he said.

California state legislators approved privacy and social media bills before adjourning Saturday. Gov. Gavin Newsom (D) will now consider signing the measures into law. On privacy, the Assembly voted 55-15 Saturday to concur with Senate amendments to AB-1008, which would clarify that personal information under the California Consumer Privacy Act (CCPA) can exist in different formats, including physical and digital. Meanwhile, the Senate voted 38-0 to concur with Senate changes to SB-1223, which would amend the CCPA to include “neural data” as a type of sensitive personal information. However, a bill on automated decision-making (AB-2930) stalled in the Senate. The legislature passed several bills about social media. The Assembly voted 58-0 to concur with Senate amendments to AB-2481, which would create a mechanism for people who report threatening content on social networks. The Senate voted 28-2 to finally pass SB-976, which would provide parental controls, including the ability to decide whether their children see a chronological news feed or one based on an algorithm, the current default. Senators unanimously concurred with the Assembly to pass SB-1283, which would require schools to adopt limits or bans on student use of smartphones in an effort to keep kids off social platforms when on campus. The legislature previously passed a similar Assembly (see 2408280033). And the Senate voted 36-0 to send the governor SB-1504, which would tighten a cyberbullying law that requires social platforms to have reporting mechanisms. However, the legislature failed to bring to a final vote AB-3172, which would have established civil penalties for a big social media platform that “breaches its responsibility of ordinary care and skill to a child” younger than 18. Lawmakers approved many other telecom and internet bills last week (see 2408300039).

California lawmakers supported stopping kids from accessing social media through smartphones at school before the 2024 legislative session wrapped up last week. On Friday, the Assembly voted 51-0 for SB-1283, which would require that schools to adopt limits or bans on student use of smartphones. The legislature passed a similar bill (AB-3216) earlier last week (see 2408280033). Amendments to SB-1283 ensure the bill won’t expand surveillance of children but simply keeps them off social media at school, said Assemblymember Rebecca Bauer-Kahan (D) on the floor. Also Friday, the legislature passed a bill to require social media platforms to have a staffed hotline for responding to law enforcement information requests, and to comply within 72 hours to search warrants. No senator opposed concurring with Assembly changes to SB-918. Voting continued after our deadline. On Thursday, state lawmakers passed video franchise and privacy bills. The Assembly voted 50-16 Thursday to concur with Senate changes to AB-1826 to update the state’s 2006 video franchise law, the Digital Infrastructure and Video Competition Act. If signed by Gov. Gavin Newsom (D), the bill will increase DIVCA fines for service-quality problems and seeks increased participation from the public and its advocates in the franchise renewal process. The Assembly also concurred with the Senate on AB-1949, which would set stricter limits on sharing children’s personal data under the California Consumer Privacy Act. Also on Thursday, the Assembly voted 71-0 to pass SB-1504, which would tighten a cyberbullying law that requires social platforms to have reporting mechanisms. It still needed another vote in the Senate. The same day, the Senate voted 30-2 to pass AB-2481, which would create a mechanism for people who report threatening content on social media platforms. That bill still needed another vote in the Assembly. The legislature earlier passed bills on AI, privacy, social media and network resiliency (see 2408290005 and 2408280033).

California broke ground on a 256-mile route in its middle-mile network, the office of Gov. Gavin Newsom (D) said Thursday. The open-access fiber route will reach from San Jose to Carson City, Nevada, crossing through the Sierra Nevada Mountains, the governor’s office said. The state is currently constructing 1,666 miles of a planned 8,000-mile network, it said. In the next three months, it plans to start construction on 33 segments comprising 1,590 miles. California Government Operations Secretary Amy Tong said, “Together with urban, rural, and tribal communities across California, we’re ensuring a robust fiber infrastructure network that connects and unites our state.”

The California legislature will send state bills on smartphones in schools, privacy and social media to Gov. Gavin Newsom (D). On Wednesday, the Assembly concurred with Senate changes to AB-3216, which would require schools adopt limits or bans on student use of smartphones; AB-3048, which would require web browsers to opt-out from the sale of and sharing data on all websites; AB-1824, which would require a business acquiring another company to follow an acquired customer’s privacy directions under the California Consumer Privacy Act; and AB-1282, which orders a study on mental health risks of social media for children. The Senate approved the bills Tuesday (see 2408280033). In addition, the Assembly voted 48-16 for a measure (SB-1047) allowing the attorney general to pursue civil penalties against large AI developers if they cause “severe harm” to residents. On Thursday, the Senate voted 29-9 to concur with the Assembly and send the AI bill to the governor. SpaceX and Tesla founder Elon Musk said California should “probably pass” the bill that Sen. Scott Wiener (D) proposed (see 2408270047). Meanwhile on Wednesday, the Senate voted 25-10 to pass AB-1826, which would update California's 2006 video franchise law, known as the Digital Infrastructure and Video Competition Act (DIVCA). The bill would increase fines for service-quality problems and seeks increased participation from the public and its advocates in the franchise renewal process. And senators voted 33-0 to pass AB-1949, which would set stricter limits on sharing children’s personal data under the CCPA. The Senate-passed bills will go back to the Assembly to concur with Senate amendments. On Thursday, California Privacy Protection Agency Executive Director Ashkan Soltani applauded passage of the bill requiring opt-out preference signals, which, he said, will make it "significantly easier for Californians to exercise their opt–out rights online." The Computer & Communications Industry Association opposed the AI bill in a statement Thursday. The measure's goals "appear well-intentioned, but poorly informed and ill-executed," said CCIA State Policy Director Khara Boender. "It would disrupt the development of the U.S. AI ecosystem by imposing untenable liability as U.S. companies compete with foreign companies."

Mississippi and South Dakota received NTIA clearance Thursday for their complete broadband equity, access and deployment (BEAD) initial plans. Receiving volume-two approval allows Mississippi to access $1.2 billion and South Dakota to receive $207 million, NTIA said. The federal agency has approved BEAD initial plans for 39 eligible entities. It cleared Michigan’s plan Wednesday (see 2408280016).