Matt Schettenhelm
@mattschett
Followers
1K
Following
2K
Media
396
Statuses
4K
Bloomberg Intelligence, Analyst-Litigation & Policy. TMT suits, FCC & FTC, after a decade practicing law. @umich, @gwlaw. Opinions mine, RTs≠endorse.
Washington DC
Joined April 2012
I missed this @yalejreg post last month, but to be called "an indispensable resource on all things FCC" by @Aaron_L_Nielson is quite an honor.
yalejreg.com
Apologies: This post was written quickly. My evening was spent at a D.C. Circuit-ish event. The D.C. Circuit and “Net Neutrality” have a long history. Here is a short, very simplified version of it.*...
0
1
10
Hardest part of an APA suit challenging Bondi TikTok letters' "no violation" finding would be standing. But a TikTok user who wants the law's protections after January 19 may have a less attenuated claim of harm than the plaintiffs did in Clapper. D.C. Circuit would be forum.
0
0
0
A suit that avoids big constitutional Qs about nonenforcement and narrowly focuses on this legal conclusion in the letters, as final agency action under the APA, may pose the most risk to the current delicate legal balance keeping TikTok online.
link:
1
0
1
The Feb. 11 and March 10 letters, of course, don't address the period covered by the April 4 Executive Order.
0
0
0
The clause is in letters to most companies dated Feb. 11 and March 10, but then falls out for some.
1
0
0
What if you are a company for which the AG omits the "irrevocably relinquish" clause for some periods but not others?. In Apr.5 letters: Apple, Google. Omitted in Apr.5 letters: Akamai, Amazon, Digital Realty Trust, Fastly, LG, Oracle, T-Mobile. Microsoft: Apr.5-omits, Apr.8-in.
Today's "One First" looks at AG Bondi's letters to tech companies purporting to "irrevocably relinquish" their liability for violating the TikTok statute. Parliament repudiated such a royal "dispensing" power in 1689; it has no place in U.S. law, either:.
1
0
1
"Each of these three arguments is ludicrous".
Today's "One First" looks at AG Bondi's letters to tech companies purporting to "irrevocably relinquish" their liability for violating the TikTok statute. Parliament repudiated such a royal "dispensing" power in 1689; it has no place in U.S. law, either:.
0
0
0
Makes me wonder about my APA question.
This is, to be clear, grade-A Article II bullshit. Under the administration's logic, anything that Congress did that involved foreign countries or entities could be ignored whenever the president thinks it's inconvenient.
0
0
0
RT @ARozenshtein: The FOIA releases are available here. Congratulations to Tony Tan for his dogged pursuit of these documents! https://t.co….
0
2
0
RT @ARozenshtein: 🚨 BREAKING: DOJ has released the first round of TikTok letters that AG Bondi sent to Google, Oracle, Akamai Apple & other….
0
16
0
Key Paramount-Trump legal backdrop:. 1) Texas has anti-SLAPP law -- path to speedy dismissal of free-speech cases -- but CA5 says it doesn't apply in federal courts. There's no federal anti-SLAPP law. 2) No time limit on FCC reviews. FCC's on day 230 of informal 180-day review.
0
0
0
RT @FCC: Today, Chairman @BrendanCarrFCC will unveil his Build America Agenda in a speech in Sioux Falls, South Dakota. Tune in at 12:30….
c-span.org
Federal Communications Commission Chair Brendan Carr delivers remarks on the FCCs "Build America" agenda which focuses on telecommunications infrastructure investment and innovation.
0
10
0
RT @chris_j_walker: My guess, as Kavanaugh and Gorsuch both mention, is that the major questions doctrine and the elimination of Chevron de….
0
1
0
RT @Acyn: Reporter: On TikTok, the president says he has a buyer. Do you have any indication from the Chinese government that they have aut….
0
32
0
RT @BenBrodyDC: 🚨 Blackburn is backing off the AI deal. New statement from her: “While I appreciate Chairman Cruz’s efforts to find accepta….
0
118
0
Has anyone written about how/why Justice Thomas wrote two opinions from March sitting? Not immediately obvious to me.
0
0
1
It's hard to challenge a decision not to prosecute. But a written statement about whether the law has been violated? . It's possible the "no violation" letters are the support on which the current status quo is built.
forbes.com
Fearing enormous fines, Google and Apple held off from reinstating TikTok to their app stores until the DOJ sent them a second version of President Trump’s “written guidance.”
0
0
0
Admin law question re TikTok law extension: . Would AG letters "stating that there has been no violation of the statute" qualify as "agency action" ("statement of. particular applicability and future effect designed to. interpret. law") under APA?.
1
0
1
RT @EdLudlow: Bloomberg Intelligence research @TheTerminal : Anthropic 'Fair Use' Win Big for AI, But Replication's Uncertain. Anthropic's….
0
3
0