On August 25, 2026, a divided panel of the U.S. Court of Appeals for the Fourth Circuit set aside guidance by the FCC’s Media Bureau stating that two types of political advertising were entitled to the favorable “lowest unit charge” (“LUC”) rate: ads paid for as “party coordinated expenditures,” meaning ads paid for by a party in coordination with a federal candidate, and ads placed by joint fundraising committees involving a federal candidate. This question had become particularly salient after the Supreme Court’s decision in June that struck down limits on party coordinated expenditures, allowing unlimited party spending in coordination with candidates, as we explained here. The Fourth Circuit’s ruling was in response to a challenge to the Media Bureau’s Public Notice by four Democratic candidates for federal office. The ongoing litigation has a direct and immediate impact on broadcasters and political advertisers, but its broader significance may lie in what the Fourth Circuit said about judicial review of bureau-level FCC actions.
Continue Reading Fourth Circuit Sets Aside FCC Media Bureau Guidance on Lowest Unit Charge; FCC Asks the Supreme Court to Step InFCC Seeks Public Comment on Improving Spectrum Access for Commercial Space Launch and Reentry Operations
By Gerard J. Waldron, Corey Walker & Rosie Moss on
Earlier this week, on August 25, 2026, the Federal Communications Commission (“FCC”) issued a Public Notice seeking public comment on how the agency might increase and improve spectrum access for commercial space launch and reentry activities. The Public Notice follows through on a directive in the Trump Administration’s National Space Transportation Policy memorandum issued last week. Comments are due Monday, September 14, 2026 and reply comments are due Thursday, September 24, 2026.
Continue Reading FCC Seeks Public Comment on Improving Spectrum Access for Commercial Space Launch and Reentry OperationsFCC Narrows Covered List Definition of “Power Inverters” and Clarifies Meaning of “Foreign-Produced”
By Devin DeBacker, Yaron Dori, Matthew DelNero & Corey Walker on
Posted in FCC, National Security
Yesterday, following a second National Security Determination from the Department of War (“DoW”), the Federal Communications Commission (“FCC”) clarified the scope of its ban on foreign-produced “power inverters,” a category of devices added to the FCC’s “Covered List” in late July. This new determination revises and narrows the definition of power inverters to more…
Continue Reading FCC Narrows Covered List Definition of “Power Inverters” and Clarifies Meaning of “Foreign-Produced”ADMT Law Round-Up: What Employers Need to Know About Recent ADMT Laws
Employers increasingly rely on automated tools to help make decisions concerning hiring, promotion, discipline, and termination. In response, state legislatures and agencies have begun to regulate uses of these technologies, often referred to as automated decision-making technology (“ADMT”). These laws generally require entities that deploy ADMT in the employment context to, among other requirements, notify…
Continue Reading ADMT Law Round-Up: What Employers Need to Know About Recent ADMT LawsFrench Constitutional Council Strikes Down Under-15 Social Media Ban
By Jadzia Pierce & Virginie de France on
On August 14, 2026, the French Constitutional Council (the “Constitutional Council”) struck down Article 1 of France’s Act to protect minors from the risks posed by the use of social media (the “Act”), which would have barred minors under the age of fifteen from accessing online social media services. The Constitutional Council held that the prohibition infringed on the freedom of expression and communication in a manner that was not appropriate, necessary, or proportionate to the objective pursued and, separately, that the legislature failed to provide the legal safeguards required to protect the right to respect for private life in connection with the age verification process that the ban would, by necessity, have entailed.
We summarise key aspects of the decision below.
Continue Reading French Constitutional Council Strikes Down Under-15 Social Media BanFrench CNIL Publishes Note on Agentic AI and Data Protection
By Jadzia Pierce on
On July 20, 2026, the French data protection authority (the Commission Nationale de l’Informatique et des Libertés, “CNIL”) published a joint exploratory note with the French AI and Digital Council (“CIANum”) on the data protection implications of agentic AI (the “Note”). The Note is exploratory rather than prescriptive: it does not purport to state definitive regulatory expectations, and it does not announce forthcoming guidance. However, it does provide helpful considerations for when the EU’s General Data Protection Regulation (“GDPR”) might come under strain in the course of processing personal data via autonomous systems, and identifies legal and technical measures that might help mitigate potential risks. The CNIL frames this exercise as connected to its engagement with several international counterparts, including through the G7 data protection authorities during the French G7 presidency.
The Note is the latest in a rapidly accumulating body of regulator commentary on agentic AI, including by the UK ICO, Spanish AEPD, and Singaporean IMDA. Below are some key takeaways.
Continue Reading French CNIL Publishes Note on Agentic AI and Data ProtectionFCC Restricts Imports of New Foreign-Produced Power Inverters and Advanced Robotic Devices with Additions to its Covered List
On July 28, 2026, the FCC added foreign-produced power inverters and advanced robotic devices to its Covered List, following determinations by an executive branch interagency body that they pose “unacceptable risks” to the national security of the United States. The new additions continue a string of decisions placing entire categories of foreign-produced devices on…
Continue Reading FCC Restricts Imports of New Foreign-Produced Power Inverters and Advanced Robotic Devices with Additions to its Covered ListWhite House Launches “Gold Eagle” AI Cybersecurity Clearinghouse
On July 14, 2026, the Trump Administration announced the launch of a federal clearinghouse, “Gold Eagle,” that is designed to facilitate the sharing of AI-derived cybersecurity vulnerability information between government agencies, “American critical infrastructure companies,” and “open-source software partners.”
The creation of Gold Eagle is the latest in a series of Administration actions focused…
Continue Reading White House Launches “Gold Eagle” AI Cybersecurity ClearinghouseFCC Approves Massive Modernization of Satellite Licensing Regime
By Gerard J. Waldron & Conor Kane on
On July 22, 2026, the Federal Communications Commission (the “FCC”) voted to approve a Report and Order (the “Order”) and Further Notice of Proposed Rulemaking (the “FNPRM”) that will rework and modernize the FCC’s satellite licensing regime. Stating that “[a]chieving American space superiority is critical to our nation’s future,” the Order streamlines the FCC’s satellite…
Continue Reading FCC Approves Massive Modernization of Satellite Licensing RegimeFCC Simplifies Broadband Consumer Label Requirements
By Matthew DelNero & Conor Kane on
On July 22, the Federal Communications Commission (the “FCC”) approved a Report and Order (the “Order”) to simplify the requirements for the broadband consumer label (the “Label”) that all ISPs have been required to provider to consumers since 2024. The Order is meant to “refocus the rules on ensuring that consumers have the clear, accurate…
Continue Reading FCC Simplifies Broadband Consumer Label Requirements