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FCC Commissioner Mike O'Rielly. Photo: Chip Somodevilla/Getty Images

Republican Federal Communications Commissioner Mike O'Rielly said he's unsure whether his agency has the authority to carry out President Trump's executive order targeting tech firms' legal protections.

Why it matters: Trump's order seeks to have the FCC craft regulations limiting the scope of legal immunity that online platforms have under federal law. All three commission Republicans would need to support such regulations for them to pass, as the FCC's two Democrats are certain to oppose them.

Details: In an interview Wednesday for C-SPAN's "The Communicators," O'Rielly told Axios he sympathizes with the president's claims that conservatives have been unfairly stifled online, but "what we do about that is a different story."

  • O'Rielly questioned whether Congress gave the FCC the power to regulate based on Section 230 of the Communications Decency Act, which immunizes platforms from legal action over user-posted content and moderation decisions.
  • "I have deep reservations they provided any intentional authority for this matter, but I want to listen to people," O'Rielly said, later adding, "I do not believe it is the right of the agency to read into the statute authority that is not there."
  • The executive order directs the Commerce Department to petition the FCC to review the issue. Assuming it gets to that stage, O'Rielly wants the FCC to put the matter to the public for comment.

Context: O'Rielly has been nominated by the White House for another term on the commission. The Senate Commerce Committee has a hearing on his renomination scheduled for Tuesday.

  • FCC Chairman Ajit Pai has stayed relatively quiet on the executive order, while the third Republican on the commission, Brendan Carr, has been vocal in his support.

Go deeper...Scoop: White House taps Hawley to take aim at tech shield

Go deeper

Biden on presidential mask mandate: "Our legal team thinks I can do that"

Biden waves as he leaves a hotel in Wilmington, Delaware, on Wednesday. Photo: Drew Angerer/Getty Images

Democratic presidential nominee Joe Biden told reporters in Delaware Wednesday he believes he would have the legal authority as president to issue a nationwide mandate to wear face masks to curb the spread of the coronavirus if needed.

Details: "Our legal team thinks I can do that, based upon the degree to which there's a crisis in those states, and how bad things are for the country," Biden said.

Updated 3 mins ago - Politics & Policy

Coronavirus dashboard

Illustration: Sarah Grillo/Axios

  1. Health: Large coronavirus outbreaks leading to high death rates — Coronavirus cases are at an all-time high ahead of Election Day — Fauci says U.S. may not return to normal until 2022
  2. Politics: Top HHS spokesperson pitched coronavirus ad campaign as "helping the president" — Space Force's No. 2 general tests positive for coronavirus
  3. World: Taiwan reaches a record 200 days with no local coronavirus cases — Europe faces "stronger and deadlier" wave France imposes lockdown Germany to close bars and restaurants for a month.
  4. Sports: Boston Marathon delayed MLB to investigate Dodgers player who joined celebration after positive COVID test.
Dan Primack, author of Pro Rata
2 hours ago - Economy & Business

Leon Black says he "made a terrible mistake" doing business with Jeffrey Epstein

Photo illustration: Sarah Grillo/Axios. Photo: Rick Friedman/Corbis/Getty Images

Apollo Global Management CEO Leon Black on Thursday said during an earnings call that he made a "terrible mistake" by employing Jeffrey Epstein to work on personal financial and philanthropic services.

Why it matters: Apollo is one of the world's largest private equity firms, and already has lost at least one major client over Black's involvement with Epstein.

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