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The Telecom Digest
Monday, May 22, 2023

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Copyright © 2023 E. William Horne. All Rights Reserved.
Volume 42 Table of Contents Issue 142
Five More California Federal Court Decisions Rule Against Plaintiffs In Chat Wiretap Cases
Florida Legislature Passes Bill To Bring Common-Sense Changes To The Florida Telephone Solicitation Act
Re: Congress moves to preserve AM radio in cars
Re: Congress moves to preserve AM radio in cars
Message-ID: <20230518171648.GA319321@telecomdigest.us> Date: 18 May 2023 13:16:48 -0400 From: "The Telecom Digest" <submissions@telecom-digest.org> Subject: Five More California Federal Court Decisions Rule Against Plaintiffs In Chat Wiretap Cases by J. Colin Knisely , Michael Zullo and Katherine Lynch Companies that offer chat features on their websites should take note of five recent federal decisions out of California dismissing California Invasion of Privacy Act (CIPA) claims relating to the use of chat features. These decisions, from the Northern, Eastern and Central District Courts, represent the latest entries to the jurisprudence and clarify the growing majority view that: 1. The "party exception" remains a viable defense even when companies use a third party to provide the chat services at issue; and 2. Plaintiffs must provide more than boilerplate, conclusory statements to plausibly allege "eavesdropping" and data use by a vendor to survive a motion to dismiss. https://www.mondaq.com/article/news/1314432?q=1803232&n=789&tp=10&tlk=15&lk=84
Message-ID: <20230518171949.GA319363@telecomdigest.us> Date: 18 May 2023 13:19:49 -0400 From: "The Telecom Digest" <submissions@telecom-digest.org> Subject: Florida Legislature Passes Bill To Bring Common-Sense Changes To The Florida Telephone Solicitation Act by Joseph C. Wylie II , Nicole C. Mueller and Jonathan Vaitl Florida's legislature has sent changes to the Florida Telephone Solicitation Act (the FTSA)1 to the governor's desk for signature that significantly restrict the scope of the act and the private right of action thereunder and are likely to have a broad impact. These changes narrow the definition of technologies falling within the statute, clarify the process for obtaining consent, and impose a notice-and-cure requirement before allowing a suit to be brought. The notice-and-cure requirement is likely to eliminate nearly all lawsuits brought under the FTSA against companies with compliant do-not-call policies. Notably, these changes would apply not just to new actions, but also to all pending putative class actions in which a class has not been certified. https://www.mondaq.com/article/news/1314616?q=1803232&n=789&tp=10&tlk=16&lk=85
Message-ID: <u4artd$vcr$1@usenet.csail.mit.edu> Date: 20 May 2023 16:18:53 -0000 From: "Garrett Wollman" <wollman@bimajority.org> Subject: Re: Congress moves to preserve AM radio in cars In article <omX9M.808180$PXw7.515043@fx45.iad>, Michael Trew <michael.trew@att.net> wrote: > As Marco said, in many new cars, you can't install an after-market > radio. One part of me wants to agree with you, that it's the > manufacturer's right to not include an AM radio... but setting that > precedent will be the death of broadcast AM. It's already dead. FM and satellite are not far behind. With 4G and 5G wireless there is simply no reason for anyone to still use broadcast radio: you can get all the same programming and much, much more, streamed to your mobile device which you control using CarPlay or Android Auto through the dashboard touch-screen. And guess what? Your phone gets the same emergency alerts as the radio stations do. That excuse simply doesn't hold water any more. -GAWollman --
Garrett A. Wollman | “Act to avoid constraining the future; if you can, wollman@bimajority.org| act to remove constraint from the future. This is Opinions not shared by| a thing you can do, are able to do, to do together.” my employers. | - Graydon Saunders, _A Succession of Bad Days_ (2015)
Message-ID: <u4atr4$102v$1@usenet.csail.mit.edu> Date: 20 May 2023 16:51:48 -0000 From: "Garrett Wollman" <wollman@bimajority.org> Subject: Re: Congress moves to preserve AM radio in cars In article <20230520135214.GA333257@telecomdigest.us>, Bill Horne <malQRMassimilation@gmail.com> wrote: > AM Radio is a known quantity in Washington, D.C. The #1 billing commercial radio station in the entire country is Hubbard Broadcasting's all-news WTOP (103.5 Washington, D.C.), which moved from clear-channel 1500 AM to 103.5 FM in 2006 because the coverage of the "DMV" (D.C., Maryland, Virginia) market was superior and number of listeners left on AM was plummeting. Yes, the old WTOP had a fantastic signal in New England at night, but advertisers weren't buying WTOP to reach Boston, and it wasn't a great signal in the fast-growing suburban areas in western Maryland and northern Virginia.[1] (The old WTOP became WFED, "Federal News Radio", because they could still get some advertising revenue from lobbyists and the military-industrial complex even if almost nobody was listening.) The right-wing talk in the Washington area is on Cumulus Media's WMAL-FM (105.9), having moved there in 2011 for similar reasons from AM 630. (I believe the D.C. station with the largest audience share is actually American University's WAMU-FM (88.5), an NPR member station, but Nielsen does not include "noncommercial" stations in published ratings. Public radio stations can buy a separate ratings product that includes them under a non-disclosure agreement.) -GAWollman [1] For historical reasons, the 1500 stations across the country are stacked up with "figure eight" directional patterns pointing north and south; WFED's transmitter is located in Maryland northeast of the District, which made sense in the 1930s but because its pattern has a broad null to the west, protecting KSTP in St. Paul, it misses most of the population growth that has occurred in the market since 1945. --
Garrett A. Wollman | “Act to avoid constraining the future; if you can, wollman@bimajority.org| act to remove constraint from the future. This is Opinions not shared by| a thing you can do, are able to do, to do together.” my employers. | - Graydon Saunders, _A Succession of Bad Days_ (2015)
End of The Telecom Digest for Mon, 22 May, 2023
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