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美国联邦通信委员会律师表示，该机构可以改变社交媒体责任保护规则

美国联邦通信委员会(FCC)首席律师周三表示，电信监管机构有法律权力重新定义保护社交媒体公司的豁免权，这可能会让用户更容易对内容删除决定提起诉讼。

  • 路透
  • 2020年10月22日08:51 IST
美国联邦通信委员会律师表示，该机构可以改变社交媒体责任保护规则
大卫·谢帕森著

华盛顿:美国最高律师联邦通信委员会（FCC)周三，电信监管机构是否有法律权威重新定义豁免权保护社交媒体这些公司可以让用户更容易提起诉讼，挑战内容删除决定。

今年7月，唐纳德·特朗普总统的政府要求该机构限制根据1996年《通信规范法》第230条对社交媒体公司的保护，该条款保护它们免受用户生成内容的责任，并允许它们删除合法但令人反感的帖子。

联邦通信委员会总法律顾问汤姆·约翰逊周三在一篇博客文章中表示，“第230条豁免权的范围必须由某人来解释……唯一的问题是FCC或联邦法院是否会进行解释。”

约翰逊补充说，如果联邦通信委员会缩小社交媒体公司的责任保护范围，它“只会允许私人团体根据联邦和州法律的其他来源，酌情提起诉讼。”

FCC主席特拜特朗普上周表示，在Twitter屏蔽了《纽约邮报》一篇批评民主党总统候选人乔·拜登的未经证实的文章的部分链接后，国会共和党人施加压力，要求迅速采取行动限制对社交媒体的法律保护，该机构将推进制定新规则。

约翰逊指出，“是否应该采用这一法律框架”的最终决定取决于五位委员。

许多法律专家和互联网公司表示，联邦通信委员会无权根据第230条发布规定。

美国联邦通信委员会委员杰西卡·罗森沃塞尔周三表示，“联邦通信委员会没有资格成为总统的言论警察。”

特朗普5月指示国家电信和信息管理局(NTIA)向联邦通信委员会请愿，要求做出改变，此前推特警告读者核查他关于邮件投票欺诈的未经证实的言论。

互联网协会该组织代表的主要互联网公司包括脸谱网Inc .，亚马逊公司，推特和Alphabet公司谷歌联邦通信委员会“没有权力做出NTIA请愿书中提出的修改，因为它们与第230条的简单语言相冲突。”

派伊几个月来拒绝对请愿书发表评论。不过，任何最终规定可能至少还需要一年的时间。

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FCC
\"U.S.<\/figure>By David Shepardson<\/strong>

WASHINGTON: The top lawyer at the U.S. Federal Communications Commission<\/a> (FCC<\/a>) said Wednesday the telecommunications regulator<\/a> has legal authority to redefine the immunity shield protecting social media<\/a> companies that could make it easier for users to file lawsuits challenging content removal decisions.

In July, President Donald Trump's administration asked the agency to limit protections for social media companies under Section 230, a provision of the 1996 Communications Decency Act that shields them from liability for user-generated content and allows them to remove lawful but objectionable posts.

<\/div><\/div>FCC General Counsel Tom Johnson said in a blog post Wednesday \"the scope of the Section 230 immunity shield must be interpreted by someone... the only question is whether the FCC or a federal court will do the interpreting.\"

Johnson added that if the FCC narrows social media companies' liability shield it \"would simply allow private parties to bring lawsuits, as appropriate, under other sources of federal and state law.\"

FCC chairman Ajit Pai<\/a> said last week that the agency will move forward to set new rules after pressure from Republicans in Congress seeking quick action to limit legal protections for social media after Twitter blocked some links to an unsubstantiated New York Post article critical of Democratic presidential candidate Joe Biden.

Johnson noted the ultimate decision \"whether this legal framework should be adopted\" is up to the five commissioners.

Many legal experts and internet companies say the FCC has no authority to issue regulations under Section 230.

FCC Commissioner Jessica Rosenworcel said Wednesday \"the FCC has no business being the President's speech police.\"

Trump in May directed the National Telecommunications and Information Administration (NTIA) to petition the FCC for changes after Twitter warned readers to fact-check his posts about unsubstantiated claims of fraud in mail-in voting.

<\/div><\/div>The Internet Association<\/a>, a group representing major internet companies, including Facebook<\/a> Inc, Amazon.com Inc, Twitter and Alphabet Inc's Google<\/a> said the FCC \"lacks the authority to make the changes proposed in the NTIA's petition because they conflict with the plain language of Section 230.\"

Pai for months refused to offer comment on the petition. Still any final regulation could take at least another year.
<\/div><\/div>
Follow and connect with us on Twitter<\/a>, Facebook<\/a>, Linkedin<\/a>, Youtube<\/a><\/div>","NumberOfSentences":{"minfo":"14.0","minfoseo":"14-0"},"AutomatedReadabilityIndex":{"minfo":"14.0","minfoseo":"14-0"},"LastPublishMilliTime":{"minfo":"1603337095276","minfoseo":"1603337095276"},"ReadabilityGradeLevel":{"minfo":"College","minfoseo":"college"},"HashCode":{"minfo":"104340141","minfoseo":"104340141"},"latestnewsflag":{"minfo":"1.0","minfoseo":"1-0"},"NumberOfCharacters":{"minfo":"2396.0","minfoseo":"2396-0"},"NumberOfWords":{"minfo":"360.0","minfoseo":"360-0"},"key":{"0":{"keyid":"160638","value":"FCC","smid":"0","keynameseo":"FCC","keytype":"","keycount":"totalcount","weightage":"100"},"1":{"keyid":"1385741","value":"The Internet Association","smid":"0","keynameseo":"The-Internet-Association","keytype":"","keycount":"totalcount","weightage":"20"},"2":{"keyid":"10148964","value":"telecommunications regulator","smid":"0","keynameseo":"telecommunications-regulator","keytype":"","keycount":"totalcount","weightage":"20"},"3":{"keyid":"6354632","value":"social media","smid":"0","keynameseo":"social-media","keytype":"","keycount":"totalcount","weightage":"20"},"5":{"keyid":"6356001","value":"international","smid":"0","keynameseo":"international","keytype":"","keycount":"totalcount","weightage":"20"},"6":{"keyid":"6355629","value":"google","smid":"0","keynameseo":"google","keytype":"","keycount":"totalcount","weightage":"20"},"7":{"keyid":"151072","value":"Federal Communications Commission","smid":"0","keynameseo":"Federal-Communications-Commission","keytype":"","keycount":"totalcount","weightage":"20"},"8":{"keyid":"6354576","value":"facebook","smid":"0","keynameseo":"facebook","keytype":"","keycount":"totalcount","weightage":"20"},"9":{"keyid":"1702548","value":"Ajit Pai","smid":"0","keynameseo":"Ajit-Pai","keytype":"","keycount":"totalcount","weightage":"20"}},"authorsplit":[],"similarlytagged":[{"msid":"96412412","stname":"States contend with short timeline to correct broadband map","artsyn":"States have until Jan. 13 to challenge a broadband speed map the Federal Communications Commission released last month that, for the first time, illustrates the haves and have nots of internet access down to specific street addresses.","seolocation":"telecomnews\/states-contend-with-short-timeline-to-correct-broadband-map","seolocationalt":"States contend with short timeline to correct broadband map","url_seo":"states-contend-with-short-timeline-to-correct-broadband-map"},{"msid":"96377873","stname":"Appeals court rejects China Telecom bid to reverse U.S. ban","artsyn":"A three-judge panel of the U.S. Court of Appeals for the District of Columbia rejected the bid by the U.S. arm of China Telecom to reverse the order that took effect in January.","seolocation":"telecomnews\/appeals-court-rejects-china-telecom-bid-to-reverse-u-s-ban","seolocationalt":"Appeals court rejects China Telecom bid to reverse U.S. ban","url_seo":"appeals-court-rejects-china-telecom-bid-to-reverse-u-s-ban"},{"msid":"95776686","stname":"US bans Huawei, ZTE telecoms gear over security risk","artsyn":"The move is the latest in a series of actions to limit the access of Chinese telecoms firms in United States networks, and comes amid a long-running standoff between the world's two biggest economies.","seolocation":"telecomnews\/us-bans-huawei-zte-telecoms-gear-over-security-risk","seolocationalt":"US bans Huawei, ZTE telecoms gear over security risk","url_seo":"us-bans-huawei-zte-telecoms-gear-over-security-risk"},{"msid":"95438439","stname":"U.S. plans to announce broadband infrastructure funding plans by June 30","artsyn":"The distribution formula from the Commerce Department's National Telecommunications and Information Administration (NTIA) agency is contingent on ensuring accurate maps of U.S. locations without access to high-speed broadband internet. 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It's a record of where we've been and who we are,\" FCC Chairwoman Jessica Rosenworcel said. \"That's why the FCC is taking steps to ensure this data is protected.\"","seolocation":"telecomnews\/u-s-agency-to-probe-how-mobile-carriers-use-consumer-location-data","seolocationalt":"U.S. agency to probe how mobile carriers use consumer location data","url_seo":"u-s-agency-to-probe-how-mobile-carriers-use-consumer-location-data"},{"msid":"93532156","stname":"U.S. court upholds FCC reallocation of auto safety spectrum","artsyn":"The Intelligent Transportation Society of America and the American Association of State Highway and Transportation Officials last year brought a legal challenge in the U.S. Court of Appeals for the District of Columbia seeking to reverse the FCC's reallocation of 60% of the 5.9 GHz band spectrum block.","seolocation":"telecomnews\/u-s-court-upholds-fcc-reallocation-of-auto-safety-spectrum","seolocationalt":"U.S. court upholds FCC reallocation of auto safety spectrum","url_seo":"u-s-court-upholds-fcc-reallocation-of-auto-safety-spectrum"},{"msid":"93031217","stname":"U.S. probes China's Huawei over equipment near missile silos","artsyn":"Authorities are concerned Huawei could obtain sensitive data on military drills and the readiness status of bases and personnel via the equipment, one of the people said, requesting anonymity because the investigation is confidential and involves national security.","seolocation":"telecomnews\/u-s-probes-chinas-huawei-over-equipment-near-missile-silos","seolocationalt":"U.S. probes China's Huawei over equipment near missile silos","url_seo":"u-s-probes-chinas-huawei-over-equipment-near-missile-silos"},{"msid":"92968770","stname":"U.S. Senate Democrats plan bill aiming to restore 'net neutrality'","artsyn":"Markey's office in a statement said \"it is more clear than ever that broadband internet is an essential utility\" and the FCC's \"authority should reflect that, so it can fulfill its obligations to the public by reinstating net neutrality rules.\"","seolocation":"telecomnews\/u-s-senate-democrats-plan-bill-aiming-to-restore-net-neutrality","seolocationalt":"U.S. Senate Democrats plan bill aiming to restore 'net neutrality'","url_seo":"u-s-senate-democrats-plan-bill-aiming-to-restore-net-neutrality"},{"msid":"92911049","stname":"U.S. needs $3 bln more to remove Huawei, ZTE from U.S. networks, regulator says","artsyn":"\"To fund all reasonable and supported cost estimates..., the Reimbursement Program will require $4.98 billion, reflecting a current shortfall of $3.08 billion,\" Jessica Rosenworcel, the chairwoman of the Federal Communications Commission, said Friday in a letter to Senator Maria Cantwell, who heads the Committee on Commerce, Science, and Transportation.","seolocation":"telecomnews\/u-s-needs-3-bln-more-to-remove-huawei-zte-from-u-s-networks-regulator-says","seolocationalt":"U.S. needs $3 bln more to remove Huawei, ZTE from U.S. networks, regulator says","url_seo":"u-s-needs-3-bln-more-to-remove-huawei-zte-from-u-s-networks-regulator-says"},{"msid":"92702435","stname":"Huawei founder asks employees to give ideas how to boost falling sales","artsyn":"Huawei Founder Ren Zhengfei has written a memo to employees, calling them to contribute ideas about the company's future direction, reports South China Morning Post.","seolocation":"telecomnews\/huawei-founder-asks-employee-to-give-ideas-how-to-boost-falling-sales","seolocationalt":"Huawei founder asks employees to give ideas how to boost falling sales","url_seo":"huawei-founder-asks-employee-to-give-ideas-how-to-boost-falling-sales"},{"msid":"92541442","stname":"US FCC chief asks Apple, Google to remove TikTok from app stores","artsyn":"In the letter, Carr said that TikTok \"harvests swaths of sensitive data that new reports show are being accessed in Beijing\".","seolocation":"telecomnews\/us-fcc-chief-asks-apple-google-to-remove-tiktok-from-app-stores","seolocationalt":"US FCC chief asks Apple, Google to remove TikTok from app stores","url_seo":"us-fcc-chief-asks-apple-google-to-remove-tiktok-from-app-stores"},{"msid":"90992229","stname":"U.S. agency seeks to fine Montana wireless carrier tied to Russian oligarchs","artsyn":"The FCC voted to fine Truphone Ltd for exceeding statutory limits for ownership by foreign individuals or entities tied to FCC-issued licenses without FCC approval. 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The Federal Communications Commission (FCC) separately said it will unveil a pre-production draft of new broadband maps on Thursday to improve provider data by incorporating challenges.","seolocation":"telecomnews\/u-s-plans-to-announce-broadband-infrastructure-funding-plans-by-june-30","seolocationalt":"U.S. plans to announce broadband infrastructure funding plans by June 30","url_seo":"u-s-plans-to-announce-broadband-infrastructure-funding-plans-by-june-30"},"95422226":{"msid":"95422226","stname":"Government to open up 95 GHz - 3 THz spectrum band for 6G-related experimental use","artsyn":"\"The department will ask for suggestions from the Telecom Regulatory Authority of India (Trai) for airwaves in the 95 GHz to 3 THz band, to use it for experimental purposes to develop products and solutions based on new technologies particularly the sixth generation (6G),\" a senior official told ETTelecom.","seolocation":"telecomnews\/government-to-open-up-95-ghz-3-thz-spectrum-band-for-6g-related-experimental-use","seolocationalt":"Government to open up 95 GHz - 3 THz spectrum band for 6G-related experimental use","url_seo":"government-to-open-up-95-ghz-3-thz-spectrum-band-for-6g-related-experimental-use"},"95288484":{"msid":"95288484","stname":"U.S. telecom regulator launching new space bureau","artsyn":"\"The satellite industry is growing at a record pace, but here on the ground our regulatory frameworks for licensing them have not kept up,\" Rosenworcel said Thursday, adding that over the past two years the agency has received applications for 64,000 new satellites and noting the $10 billion investment in space last year by private companies. \"A new space age is here. Unlike the first space age, this one is not limited to the prowess of our political superpowers.\"","seolocation":"telecomnews\/u-s-telecom-regulator-launching-new-space-bureau","seolocationalt":"U.S. telecom regulator launching new space bureau","url_seo":"u-s-telecom-regulator-launching-new-space-bureau"},"95265114":{"msid":"95265114","stname":"U.S. FCC commissioner visits Taiwan to discuss cybersecurity, telecoms","artsyn":"Carr is the latest senior official from the United States to visit the island and the first FCC commissioner to visit.","seolocation":"telecomnews\/u-s-fcc-commissioner-visits-taiwan-to-discuss-cybersecurity-telecoms","seolocationalt":"U.S. FCC commissioner visits Taiwan to discuss cybersecurity, telecoms","url_seo":"u-s-fcc-commissioner-visits-taiwan-to-discuss-cybersecurity-telecoms"},"94842517":{"msid":"94842517","stname":"U.S. FCC set to ban approvals of new Huawei, ZTE equipment","artsyn":"FCC Chairwoman Jessica Rosenworcel last week circulated the proposed ban to the other three commissioners for final approval. The companies would not be able to sell new equipment in the United States without equipment authorizations.","seolocation":"telecomnews\/u-s-fcc-set-to-ban-approvals-of-new-huawei-zte-equipment","seolocationalt":"U.S. FCC set to ban approvals of new Huawei, ZTE equipment","url_seo":"u-s-fcc-set-to-ban-approvals-of-new-huawei-zte-equipment"},"94546534":{"msid":"94546534","stname":"U.S. agency adopts new space junk rules to reduce exploration risks","artsyn":"The FCC voted to require post-mission disposal of low-Earth orbit satellites within five years. The agency previously recommended operators of satellites in low-Earth orbit ensure spacecraft re-enter Earth's atmosphere within 25 years.","seolocation":"telecomnews\/u-s-agency-adopts-new-space-junk-rules-to-reduce-exploration-risks","seolocationalt":"U.S. agency adopts new space junk rules to reduce exploration risks","url_seo":"u-s-agency-adopts-new-space-junk-rules-to-reduce-exploration-risks"},"94164063":{"msid":"94164063","stname":"Republican says FCC SpaceX decision risks giving Chinese providers an edge","artsyn":"Elon Musk's SpaceX on Friday challenged the FCC's decision rejecting its application for funds tentatively awarded in 2020 under the commission's Rural Digital Opportunity Fund, a multibillion dollar program in which SpaceX was poised to receive $885.5 million to beam satellite internet to U.S. regions with little to no internet connections.","seolocation":"telecomnews\/republican-says-fcc-spacex-decision-risks-giving-chinese-providers-an-edge","seolocationalt":"Republican says FCC SpaceX decision risks giving Chinese providers an edge","url_seo":"republican-says-fcc-spacex-decision-risks-giving-chinese-providers-an-edge"},"94108362":{"msid":"94108362","stname":"SpaceX appeals U.S. FCC rejection of rural broadband subsidies","artsyn":"The FCC last month turned down applications from billionaire Elon Musk's SpaceX and LTD Broadband for funds that had been tentatively awarded in 2020 under the commission's Rural Digital Opportunity Fund, a multibillion dollar program in which SpaceX was poised to receive $885.5 million to beam satellite internet to U.S. regions with little to no internet connections.","seolocation":"telecomnews\/spacex-appeals-u-s-fcc-rejection-of-rural-broadband-subsidies","seolocationalt":"SpaceX appeals U.S. FCC rejection of rural broadband subsidies","url_seo":"spacex-appeals-u-s-fcc-rejection-of-rural-broadband-subsidies"},"93809908":{"msid":"93809908","stname":"U.S. court upholds SpaceX satellite deployment plan","artsyn":"Elon Musk's SpaceX won FCC approval in 2021 to fly 2,824 satellites at a lower orbit to provide high-speed broadband internet services to people who currently lack access. Competitors Viasat Inc and DISH Network Corp challenged the FCC approval.","seolocation":"telecomnews\/u-s-court-upholds-spacex-satellite-deployment-plan","seolocationalt":"U.S. court upholds SpaceX satellite deployment plan","url_seo":"u-s-court-upholds-spacex-satellite-deployment-plan"},"93788548":{"msid":"93788548","stname":"U.S. agency to probe how mobile carriers use consumer location data","artsyn":"\"This information and geolocation data is really sensitive. It's a record of where we've been and who we are,\" FCC Chairwoman Jessica Rosenworcel said. \"That's why the FCC is taking steps to ensure this data is protected.\"","seolocation":"telecomnews\/u-s-agency-to-probe-how-mobile-carriers-use-consumer-location-data","seolocationalt":"U.S. agency to probe how mobile carriers use consumer location data","url_seo":"u-s-agency-to-probe-how-mobile-carriers-use-consumer-location-data"},"93532156":{"msid":"93532156","stname":"U.S. court upholds FCC reallocation of auto safety spectrum","artsyn":"The Intelligent Transportation Society of America and the American Association of State Highway and Transportation Officials last year brought a legal challenge in the U.S. Court of Appeals for the District of Columbia seeking to reverse the FCC's reallocation of 60% of the 5.9 GHz band spectrum block.","seolocation":"telecomnews\/u-s-court-upholds-fcc-reallocation-of-auto-safety-spectrum","seolocationalt":"U.S. court upholds FCC reallocation of auto safety spectrum","url_seo":"u-s-court-upholds-fcc-reallocation-of-auto-safety-spectrum"},"93031217":{"msid":"93031217","stname":"U.S. probes China's Huawei over equipment near missile silos","artsyn":"Authorities are concerned Huawei could obtain sensitive data on military drills and the readiness status of bases and personnel via the equipment, one of the people said, requesting anonymity because the investigation is confidential and involves national security.","seolocation":"telecomnews\/u-s-probes-chinas-huawei-over-equipment-near-missile-silos","seolocationalt":"U.S. probes China's Huawei over equipment near missile silos","url_seo":"u-s-probes-chinas-huawei-over-equipment-near-missile-silos"},"92968770":{"msid":"92968770","stname":"U.S. Senate Democrats plan bill aiming to restore 'net neutrality'","artsyn":"Markey's office in a statement said \"it is more clear than ever that broadband internet is an essential utility\" and the FCC's \"authority should reflect that, so it can fulfill its obligations to the public by reinstating net neutrality rules.\"","seolocation":"telecomnews\/u-s-senate-democrats-plan-bill-aiming-to-restore-net-neutrality","seolocationalt":"U.S. Senate Democrats plan bill aiming to restore 'net neutrality'","url_seo":"u-s-senate-democrats-plan-bill-aiming-to-restore-net-neutrality"},"92911049":{"msid":"92911049","stname":"U.S. needs $3 bln more to remove Huawei, ZTE from U.S. networks, regulator says","artsyn":"\"To fund all reasonable and supported cost estimates..., the Reimbursement Program will require $4.98 billion, reflecting a current shortfall of $3.08 billion,\" Jessica Rosenworcel, the chairwoman of the Federal Communications Commission, said Friday in a letter to Senator Maria Cantwell, who heads the Committee on Commerce, Science, and Transportation.","seolocation":"telecomnews\/u-s-needs-3-bln-more-to-remove-huawei-zte-from-u-s-networks-regulator-says","seolocationalt":"U.S. needs $3 bln more to remove Huawei, ZTE from U.S. networks, regulator says","url_seo":"u-s-needs-3-bln-more-to-remove-huawei-zte-from-u-s-networks-regulator-says"},"92702435":{"msid":"92702435","stname":"Huawei founder asks employees to give ideas how to boost falling sales","artsyn":"Huawei Founder Ren Zhengfei has written a memo to employees, calling them to contribute ideas about the company's future direction, reports South China Morning Post.","seolocation":"telecomnews\/huawei-founder-asks-employee-to-give-ideas-how-to-boost-falling-sales","seolocationalt":"Huawei founder asks employees to give ideas how to boost falling sales","url_seo":"huawei-founder-asks-employee-to-give-ideas-how-to-boost-falling-sales"},"92541442":{"msid":"92541442","stname":"US FCC chief asks Apple, Google to remove TikTok from app stores","artsyn":"In the letter, Carr said that TikTok \"harvests swaths of sensitive data that new reports show are being accessed in Beijing\".","seolocation":"telecomnews\/us-fcc-chief-asks-apple-google-to-remove-tiktok-from-app-stores","seolocationalt":"US FCC chief asks Apple, Google to remove TikTok from app stores","url_seo":"us-fcc-chief-asks-apple-google-to-remove-tiktok-from-app-stores"},"90992229":{"msid":"90992229","stname":"U.S. agency seeks to fine Montana wireless carrier tied to Russian oligarchs","artsyn":"The FCC voted to fine Truphone Ltd for exceeding statutory limits for ownership by foreign individuals or entities tied to FCC-issued licenses without FCC approval. The FCC is also requiring Truphone to promptly file corrective transfer of control applications.","seolocation":"telecomnews\/u-s-agency-seeks-to-fine-montana-wireless-carrier-tied-to-russian-oligarchs","seolocationalt":"U.S. agency seeks to fine Montana wireless carrier tied to Russian oligarchs","url_seo":"u-s-agency-seeks-to-fine-montana-wireless-carrier-tied-to-russian-oligarchs"}}}}" data-news-images="[{"msid":"78800589","msname":"FILE PHOTO: The Federal Communications Commission (FCC) logo is seen before the FCC Net Neutrality hearing in Washington","msnameseo":"file-photo-the-federal-communications-commission-fcc-logo-is-seen-before-the-fcc-net-neutrality-hearing-in-washington","mediatype":"1","artdate":"2020-10-17 08:17:00.0","caption":""}]" data-newsletter-by="0" data-newsletter-date="a" data-hasbottomcarousel="" data-alldetailsopen="0" data-multipleanalyticshit="" data-deeplink="https://ettelecom.app.link?$deeplink_path=" data-socialshareformat="default">
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