Charter has been using the argument that their First Amendment rights are being violated as it fights off state lawsuits for its poor service. "It recently tried to use the First Amendment card again in a legal battle with Byron Allen's Entertainment Studios Networks (ESN), which recently accused Charter of violating the Civil Rights Act of 1866 by refusing to carry TV channels run by the African-American-owned ESN," reports Techdirt. "While Charter tried to have the suit dismissed by claiming that the First Amendment prohibits such claims because an ISP enjoys 'editorial discretion,' the ruling by the U.S. Court of Appeals for the Ninth Circuit didn't agree." From the report: The court noted that while ISPs and cable companies do enjoy some First Amendment protection, it doesn't apply here, just like it didn't apply in the net neutrality fight: "As part of its defense, Charter had told the court that by choosing which channels to carry, the company was engaging in a form of editorial discretion protected by the First Amendment. Therefore, it said, the court would have to use a stricter standard to evaluate Entertainment Studios' claim of a legal violation -- a standard that might result in the claim being rejected. The Ninth Circuit said otherwise, saying that just because Charter engages in corporate speech when it selects which channels to carry does not 'automatically' require the court to use the tougher standard."

As a result, the court is letting the case move forward. For its part, ESN's discrimination complaint alleges that its complaint is based on more than just having its channel withheld from the company's cable lineup: "The opinion on Charter's motion to dismiss also marks a victory for the 25-year-old programming firm founded by comedian Byron Allen, which bought the Weather Channel in March and accused Charter executives in court of hurling racist insults at Allen and other black Americans in numerous encounters. In one alleged instance, Charter chief executive Tom Rutledge called Allen, who is black, 'boy' at an industry conference and advised him to change his behavior, according to court documents. In another alleged example, the court said, Charter's senior executive in charge of programming, Allan Singer, approached a group of black protesters outside Charter's offices to tell them to 'get off of welfare.'"

An anonymous reader quotes a report from Ars Technica: The Federal Communications Commission is planning to raise the rural broadband standard from 10Mbps to 25Mbps in a move that would require faster Internet speeds in certain government-subsidized networks. The FCC's Connect America Fund (CAF) distributes more than $1.5 billion a year to AT&T, CenturyLink, and other carriers to bring broadband to sparsely populated areas. Carriers that use CAF money to build networks must provide speeds of at least 10Mbps for downloads and 1Mbps for uploads. The minimum speed requirement was last raised in December 2014.

Today, FCC Chairman Ajit Pai said he's proposing raising that standard from 10Mbps/1Mbps to 25Mbps/3Mbps. "[W]'re recognizing that rural Americans need and deserve high-quality services by increasing the target speeds for subsidized deployments from 10/1 Mbps to 25/3 Mbps," Pai wrote in a blog post that describes agenda items for the FCC's December 12 meeting. "[T]he program should support high-quality services; rural Americans deserve services that are comparable to those in urban areas," Pai also wrote. The new speeds "will apply to future projects but won't necessarily apply to broadband projects that are already receiving funding," Ars notes. "For ongoing projects, the FCC will use incentives to try to raise speeds. More money will be offered to carriers that agree to upgrade speeds to 25Mbps/3Mbps, a senior FCC official said in a conference call with reporters."

An anonymous reader quotes a report from ABC News: Amid reports that first daughter and White House senior advisor Ivanka Trump exchanged hundreds of official government business emails using a personal email account, top Democrats on Capitol Hill "want to know if Ivanka complied with the law" and in the next Congress plan to continue their investigation of the Presidential Records Act and Federal Records Act. Rep. Elijah Cummings, the ranking Democrat who's in line to become the next chairman of the House Oversight and Government Reform Committee next year, promises any potential investigation into Jared Kushner and Ivanka Trump's emails won't be like the "spectacle" Republicans led in the Clinton email probe.

The Oversight committee has jurisdiction over records and transparency laws, and Cummings helped write an update to the Presidential and Federal Records Acts that was signed into law by President Barack Obama in 2014. That measure mandates that every federal employee, including the President, forward any message about official business sent using a private account to the employee's official email account within 20 days. "We launched a bipartisan investigation last year into White House officials' use of private email accounts for official business, but the White House never gave us the information we requested," Cummings, D-Md., noted. "We need those documents to ensure that Ivanka Trump, Jared Kushner, and other officials are complying with federal records laws and there is a complete record of the activities of this Administration. My goal is to prevent this from happening again -- not to turn this into a spectacle the way Republicans went after Hillary Clinton. My main priority as Chairman will be to focus on the issues that impact Americans in their everyday lives."

Dave Gershgorn and Max de Haldevang, writing for Quartz: Artificial intelligence technology has the capability to be the most impactful software advance in history and the US government has no idea how to properly regulate it. The US does know that it doesn't want other countries using its own AI against it. A new proposal published this week by the Department of Commerce lists wide areas of AI software [PDF] that could potentially require a license to sell to certain countries. These categories are as broad as "computer vision" and "natural language processing." It also lists military-specific products like adaptive camouflage and surveillance technology.

The small number of countries these regulations would target includes a big name in AI: China. Donald Trump, who has placed tariffs on hundreds of billions of dollars of Chinese goods as part of a simmering trade war, has long railed against China's alleged theft of intellectual property. This proposal looks like a warning from US officials, just as Chinese president Xi Jinping aims to boost AI in his own country. "This is intended to be a shot across the bow, directed specifically at Beijing, in an attempt to flex their muscles on just how broad these restrictions could be," says R. David Edelman, a former adviser to president Barack Obama who leads research on technology and public policy issues at the Massachusetts Institute of Technology.