LOS ANGELES—In an apparent setback to the push to restore federal net neutrality rules — which were repealed by the Federal Communications Commission in 2018 — the United States Senate confirmed Donald Trump’s final nominee to the FCC board, Nathan Simington, in a party-line vote on Tuesday.
Simington is also a sharp critic of Section 230, the 24-year-old law that allows for free expression on the internet. He authored an executive order signed by Trump in May, that authorized the FCC to “review” and possibly rewrite the law.
Both net neutrality regulations and the Section 230 law are crucial for the adult industry online. An absence of net neutrality rules could lead to internet service providers blocking or slowing porn sites, or hiding them behind an additional paywall.
Section 230 allows internet platforms to post third-party content without fear of legal repercussions. That freedom is also vital for the continued health of the online adult industry.
Because Trump-appointed FCC Chair Ajit Pai has said that he will step down on January 20, the day that incoming President Joe Biden is set to be inaugurated, Simington’s confirmation means that the FCC board will consist of only four members — two Democrats and Two Republicans.
But Biden will now need to nominate a fifth board member. According to legal experts quoted by the Washington Post, a Republican-controlled Senate is unlikely to allow Biden to do so, at least not “for an extended period of time.”
The fate of Section 230 and net neutrality now appears to hinge on the outcome of two Senate runoff elections in Georgia on January 5. In those elections, Democrat Raphael Warnock is opposing incumbent Republican Kelly Loeffler, and Democrat Jon Ossoff is taking on David Perdue, the states other incumbent Republican.
If the Democrats win both of the elections, their party regains control of the Senate and will almost certainly allow Biden to quickly name a fifth member of the FCC board. If one or both of the Republicans win, the FCC stalemate will remain in place.
The vote to confirm Simington was 49-46, strictly along party lines. For the Republicans, neither Loeffler nor Perdue took part in the vote, and South Dakota Senator Mike Rounds also failed to cast a vote. On the Democratic side, California Senator Kamala Harris — who is now serving as Biden’s Vice President-elect — was absent, as was Rhode Island Senator Sheldon Whitehouse.
Photo By Matt Wade / Wikimedia Commons
