Analysis

Sinclair Broadcast Group may have federal regulators on its side about a possible mega TV-station-group merger. But its business partners -- and competitors -- may give it a harder time. Cue 21st Century Fox. The Fox Broadcasting Network reportedly wants to change its affiliate associations with 26 Sinclair TV stations -- and strike a deal with a smaller TV station group, ION Media Networks.

Why? Insiders say a potential $3.9 billion merger between Sinclair and Tribune Media could be competitive trouble for Fox-owned TV stations -- as well as other Fox affiliates where Sinclair has other network affiliate deals. Is Fox short-sighted? Fox -- like all TV networks -- depends on the steady local TV promotion, which Sinclair provides. Dealing with ION could just be a negotiation ploy with Sinclair, perhaps to extract a far better Fox affiliation agreement. But if that doesn’t work, Fox might do what Sinclair is doing: Buy more TV stations. Perhaps ION stations.

For Internet trolls, the week of July 24 may as well have been Christmas. On July 25, Judge James Cacheris of the US District Court for the Eastern District of Virginia handed down a decision stating that public officials may not “block” their constituents on social media. The case, which will influence a similar case filed by the Knight First Amendment Institute against President Trump, involved a dispute between defendant Phyllis Randall, chairman of the Loudoun County Board of Supervisors, and plaintiff Brian Davison.

The facts allege that Randall banned Davison from her Facebook page titled “Chair Phyllis J. Randall” after Davison published comments during an online forum that, in Randall’s view, consisted of “slanderous” remarks about “people’s family members” and “kickback money” (if the facts seem confusing or incomplete, it’s not just you — neither party could recall the precise contents of the deleted comment). Although it is difficult to contest that Randall was acting in her official capacity, the court’s conclusion that a social media platform is analogous to a public forum is ill-conceived.

At the Conservative Political Action Conference in February, National Rifle Association head Wayne LaPierre gave a remarkable speech during which he offered up a vast, loosely aggregated opposition that was the new threat for gun owners to fear: “leftists,” anarchists, criminals and, of course, “national media machine.” “For the first time, we also face an enemy utterly dedicated to destroy not just our country, but also Western civilization,” he said — not of foreign invasion, but of liberals and the media.

The organization and its online television network, NRATV, has also made ads specifically targeting media outlets, including The Washington Post and, this week, the New York Times. The NRA is spending money to pitch the media in particular as a threat to gun owners.

[Commentary] Leaking the transcript of a presidential call to a foreign leader is unprecedented, shocking, and dangerous. It is vitally important that a president be able to speak confidentially—and perhaps even more important that foreign leaders understand that they can reply in confidence.

Aug 3’s leak to The Washington Post of President Trump’s calls with the president of Mexico and the prime minister of Australia will reverberate around the world. No leader will again speak candidly on the phone to Washington (DC)—at least for the duration of this presidency, and perhaps for longer. If these calls can be leaked, any call can be leaked—and no leader dare say anything to the president of the United States that he or she would not wish to read in the news at home.

[David Frum is a former speechwriter for President George W. Bush.]

[Commentary] First, it is shocking to see presidential conversations released in this way. Some in the executive branch, as Anthony Scaramucci aptly put it, are intent on protecting the country from President Trump. This is a good thing, by the way. White House Chief of Staff John F. Kelly has obviously failed to plug the flood leaks, and one wonders whether a leak this egregious is meant to signal that the White House will remain dysfunctional.

And that brings us to the next point: Trump is frighteningly obsessed with himself and his image to such an extent that he cannot fulfill the role of commander in chief. Third, President Trump’s narcissism leaves him open to flattery and threats (to reveal embarrassing material, for example). That’s the worry in the Russia investigation — namely, that Vladimir Putin has “something” on Trump, which compels Trump to act in ways inimical to U.S. interests. President Trump’s interests are paramount, so a cagey adversary can easily manipulate him.

[Commentary] To keep things straight, “open internet” is synonymous with network neutrality, and “paid prioritization” is another way of saying “fast lane” for the internet. Foes of paid prioritization say it follows that if someone pays for a fast lane, then all who don’t pay are relegated to a slow lane — or worse. For two days during the week before the end of the comment period, news reports surfaced that Verizon Wireless — Verizon is one of the United States’ largest internet service providers — was intentionally slowing down video streaming services on its customers’ data plans. Open-internet advocates call that throttling. Verizon’s definition: optimization, adding it was just a network test that should not have disrupted their customers’ internet experience.

Steve Bannon, the chief strategist to President Donald Trump, believes Facebook and Google should be regulated as public utilities, according to an anonymously sourced report in The Intercept. This means they would get treated less like a book publisher and more like a telephone company. The government would shorten their leash, treating them as privately owned firms that provide an important public service.

The plan is a prototypical alleged Bannonism: iconoclastic, anti-establishment, and unlikely to result in meaningful policy change....Americans will have to examine the most fraught tensions in our mixed system, as we weigh the balance of local power and national power, the deliberate benefits of central planning with the mindless wisdom of the free market, and the many conflicting meanings of freedom.

While Verizon is telling the Federal Communications Commission to get rid of Title II classification and to weaken the open internet rules, Verizon Wireless is already trying to undermine the open internet by experimenting with potentially anti-consumer discrimination practices. Unfortunately, Verizon Wireless is proving why millions of Americans are correct in voicing their concern over the FCC’s proposal to repeal its 2015 net neutrality rules.

Recently, many Verizon Wireless customers reported their Netflix and YouTube speeds appeared to be capped at 10 Mbps. Verizon acknowledged that it was conducting “network testing” to “optimize” its video streaming, and claimed that it was reasonable network management. Verizon’s actions and the cloud of uncertainty surrounding their practices is a timely reminder that, absent a strong regulator, Internet service providers can and will use their gatekeeper power to harm consumers and grow their own market power. If you want to connect to the internet, and access all the services that you can get through that connection (from entertainment to education to employment) you must go through an internet service provider. Broadband companies know they have substantial leverage in the internet ecosystem, which is why it is so vital for the FCC to actively combat harmful practices such as throttling.

The political landscape in France is worrisomely ripe for the enactment of new laws or policies that could undermine the security of encrypted products and services in the name of national security. France has a new president, Emmanuel Macron, who has taken an aggressive stance on encryption and allied himself with UK Prime Minister Theresa May, another hawk on the issue. Meanwhile, French law enforcement officials continue their multi-year push—including in the New York Times and at the EU level—for legislation that would ensure that they can always obtain the encrypted data they seek. Under these conditions, it seems that the encryption debate in France is just beginning—and could end abruptly in favor of backdoors in the face of another major terror attack.

For the past few days, rumors have been swirling that Sprint wants to merge with Charter Communications. If the two got together, it could be a major deal, combining the wireless and cable industries in a big, new way. But now reports suggest that Charter, the nation's second-biggest cable company, simply isn't interested in a deal. There are indications that Sprint and its parent company, Softbank, aren't yet ready to give up on Charter. But why is Sprint so hellbent on a tie-up with the cable giant in the first place, and why doesn't Charter want to partner with America's fourth-biggest cellphone carrier?

The deal could mean new bundles of services. You might, for example, be able to buy Sprint's wireless service together with Charter's cable service. And much like AT&T has done with DirecTV, it's possible Sprint could seek to put Charter's video content on mobile to attract and retain customers. But, since Charter is working on a pilot of its wireless plans, it's still early enough in the process that the cable company can afford to wait.