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THE LEDE: Passing net neutrality regulations and preempting two state laws limiting government-run Internet services made Thursday the biggest day in Tom Wheeler's professional career.
"I have spent a lot of time in public policy," the Federal Communications Commission (FCC) chairman said after the pair of 3-2 votes. "Today is the proudest day of my public policy life."
Barring any unknown events, the actions on Thursday will certainly be the defining point for Wheeler's chairmanship of the commission. Not only did the commission impose the toughest-ever net neutrality rules by reclassifying broadband Internet as a Title II service under the Communications Act, but the agency also stepped in to block laws preventing the growth of municipal broadband Internet services in Tennessee and North Carolina.
The net neutrality rules were, depending on one's stance, either a bold act to save free expression on the Internet or a disastrous plot to doom the Web with 1930's-style regulation. "This is an epic battle between David and Goliath, and David won this round," cheered Rep. Anna Eshoo (D-Calif.), the ranking member on the House Communications subcommittee. Evan Engstrom -- the policy director for startup advocacy group Engine, which helped convince Wheeler to embrace a Title II approach over the last several months -- called the action a "tremendous victory for the Internet community in its efforts to fight discrimination."
The same voices also cheered the move to block the pair of laws in Tennessee and North Carolina limiting government–run broadband networks, which critics say pose a clear obstacle to the goal of deploying infrastructure.
Opponents were less pleased. Republicans blasted the net neutrality vote as a power grab by the federal government, and Internet service providers hinted at the looming lawsuits the regulations now face. "After today, the only 'certainty' in the Open Internet space is that we all face inevitable litigation and years of regulatory uncertainty challenging an Order that puts in place rules that most of us agree with," Comcast executive vice president David Cohen wrote in a blog post. Meredith Attwell Baker, head of the CTIA-The Wireless Association, warned about the "economic and legal uncertainty that will inevitably follow from the FCC's unilateral action" and called for Congress to act.
BILL TARGETS FCC PREEMPTION AUTHORITY: A group of Republicans from North Carolina and Tennessee are pushing a bill to rein in some FCC authority over the deployment of broadband Internet. About 19 states have laws on the books putting some restrictions on the buildout of city-run Internet in their states. The FCC on Thursday used its authority under section 706 of the Telecommunications Act to override two of those state laws in North Carolina and Tennessee, to let a pair of cities expand their municipal Internet networks. The bill pushed by Rep. Marsha Blackburn (R-Tenn.) and Sen. Thom Tillis (R-N.C.) would amend section 706 to clarify the provision does not allow for that kind of preemption of state law.
VERIZON GOES BACK TO THE PAST: Verizon got a little bit cheeky with its response to the rules, which looked to have been written both via typewriter and in Morse Code. The pair of statements called the "badly antiquated regulations" a "radical step" in favor of uncertainty, and were dated Feb. 26, 1934, in reference to the year that Congress passed the Communications Act. Verizon successfully sued the FCC over its 2010 net neutrality rules, which prompted the agency to go back to the drawing board and emerge with the new tougher regulations.
HATCH WANTS MORE ANSWERS FROM LEE: Members of the Senate Judiciary Committee on Thursday applauded the panel's unanimous passage of Michelle Lee, President Obama's pick to lead the U.S. Patent and Trademark Office. But at least one senator hopes she will be forthcoming in the future: "I remain disappointed that she was not more forthcoming during the confirmation process," Sen. Orrin Hatch (R-Utah) said. "I expect her to take seriously the issues and concerns that were raised by numerous senators, particularly those related to patent troll legislation."
TECH FULL OF GLEE FOR LEE: Tech groups are cheering the Senate panel's move to send Lee's nomination to the chamber floor. The action "moves us one step closer to having an experienced leader fully at the helm of the U.S. Patent Office," said Information Technology Industry Council head Dean Garfield, who urged the Senate to move quickly.
Erich Andersen, a vice president at Microsoft, said that the Judiciary Committee "took another important step to promote the strength and effective functioning of America's intellectual property system" in moving the nomination forward. "At a time when recent reforms are still being implemented and others are on the horizon, American innovators and creators – and our intellectual property system – need confirmed leaders to take on the challenges and opportunities that these changing times present," he added.
THUNE AIDE HEADS TO WALKER CAMP: The senior communications director for Senate Commerce Committee Chairman John Thune (R-S.D.) is taking a job with the political action committee of prospective GOP presidential candidate and Wisconsin Gov. Scott Walker. AshLee Strong will become American Revival PAC's national press secretary, based in Madison: "I'm joining a great team and am excited to get started. I hit the jackpot being afforded the opportunity to work for Senator Thune, and I will always be grateful for his trust and encouragement," she said.
Walker, meanwhile, declined to take a firm stance on the net neutrality rules on Thursday.
MORE CONCERNS ABOUT WHITE HOUSE PRIVACY PLAN: Tom Wheeler said on Thursday that he was concerned about a possible White House move to strip the FCC of some of its powers to protect people's digital privacy. A day after House Democrats raised some concerns about the plan, the FCC head said that the lawmakers raised "a very good point." Wheeler has not had any conversations with the White House about the plan, he said.
Also on Thursday, the Direct Marketing Association reached out to Commerce Secretary Penny Pritzker warning that the rules "might inadvertently restrict legitimate business practices, undermine economic and job growth and thwart innovation."
EDUCATION DEPARTMENT EYES STUDENT ONLINE PRIVACY: The Department of Education released a 10-minute training video and model terms of service guidance to try and get schools and school districts to do more to protect kids' privacy online. The guidance aims to make it clear which kinds of technological educational tools have strong privacy practices in place and which do not. That includes a checklist to help administrators know what to look for and a list of warning signs to be on the lookout for.
"Reading and understanding terms of service agreements is tough, even for lawyers," the department's chief privacy officer Kathleen Styles said in a statement. "We hope this guidance will help school officials identify privacy-friendly apps and online services and avoid providers that might abuse student information."
TWITTER ANNOUNCES SAFETY FEATURES: Twitter plans to streamline its process for handling user reports about impersonation, self-harm and the sharing of private or confidential information on the social media site, the company announced in a blog post. It recently announced similar measures for harassment on Twitter. The company said it would also be implementing "several new enforcement actions for use against accounts that violate our rules," and touted that its support team handling abuse has tripled.
ON TAP:
At 9 a.m., the House Oversight Committee will hold a hearing on "ensuring government transparency through FOIA reform."
That same time, the House Science subcommittee on Space will discuss NASA's commercial crew program.
At 11 a.m., TechFreedom will host an event with GOP FCC commissioners Ajit Pai and Michael O'Rielly to discuss the commission's vote on net neutrality regulations.
Reps. Suzan DelBene (D-Wash.) and Tom Marino (R-Pa.) take part in a lunchtime congressional briefing about digital privacy and the LEADS Act at noon.
At 3:30, the advisory committee to the Congressional Internet Caucus is holding a Capitol Hill briefing on the new net neutrality rules.
IN CASE YOU MISSED IT:
Federal regulators voted Thursday to impose sweeping net neutrality rules that supporters say are critical to protecting the freedom of the Internet.
A group of 21 House Republicans on Thursday urged leadership to take up a resolution that would block the FCC's new net neutrality regulations.
Regulators are taking action to preempt two state laws limiting government-owned Internet networks in a major show of federal force.
The Senate Judiciary Committee on Thursday approved President Obama's nominee to lead the U.S. Patent Office, which has not had a confirmed leader for more than two years.
Former White House press secretary Jay Carney is headed to Amazon.
Please send tips and comments to Julian Hattem, jhattem@thehill.com and Mario Trujillo, mtrujillo@thehill.com
Follow us on Twitter: @HilliconValley, @jmhattem
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