Daily Digest 2/12/2018 (Surveillance)

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Surveillance

President Trump blocks release of Democrats' memo rebutting GOP claims of FBI surveillance abuse

President Donald Trump refused to authorize the release of a Democratic rebuttal to a Republican intelligence committee memo alleging that FBI and Justice Department officials abused their power to spy on former Trump campaign adviser Carter Page. The White House said it could not release the Democrats' memo because the Justice Department "has identified portions...which it believes would create especially significant concerns for the national security and law enforcement interests." That explanation stands in stark contrast to his release of the GOP memo. The president approved its release over the strong objections of the FBI, which warned that it could jeopardize national security. The president's refusal to release the Democrats' memo also goes against the committee's unanimous, bipartisan decision to make it public. 

Broadband/Internet

FCC Perpetrates Broadband Policy by Press Release

[Commentary] Federal Communications Commission released its Congressionally-mandated annual report on the availability of “high-speed, switched, broadband telecommunications capability” (for the sake of brevity, we’ll just use “broadband” below) for all Americans and, in particular, schools and classrooms. The FCC is charged with determining whether broadband service is being deployed to all Americans in a reasonable and timely fashion. Finding in the negative, the FCC must take immediate action to accelerate broadband deployment by removing barriers to infrastructure investment and by promoting competition in the telecommunications market. When the FCC last released a broadband deployment report, in 2016, the commission found that, indeed, broadband was not being deployed in a reasonable and timely fashion. The FCC’s Republican majority now concludes, in the 2018 Broadband Deployment Report, that the root cause of the U.S.’s broadband deployment woes were the FCC’s own actions to protect the Open Internet. But, apparently, the repeal of those consumer protections in December 2017 – a repeal that officially has not been implemented as of this writing – has restored the progress of U.S. broadband deployment. Or, at least, that’s what the FCC is asking us to believe. [Kevin Taglang]

NRECA calls for a portion of $10 billion in infrastructure go to rural broadband

The National Rural Electric Cooperative Association (NRECA) send letters to both the House and Senate Appropriations Committees asking for a portion of the $10 billion for infrastructure in the just announced budget agreement, for the FY18 Omnibus bill and FY19 spending bill still being developed, to be designated for rural broadband. Specifically, NRECA requested that at least $2.5 billion of those funds dedicated to rural broadband, and to fund that effort through the US Department of Agriculture's Rural Utilities Service, using a “level playing field” approach that would ensure electric cooperatives, and a broad range of others, could access the funding.

Budget Bill Includes Rural Broadband Bucks

The budget bill that passed in the wee hours of the morning of Feb 9 included $20 billion for infrastructure initiatives, at least some of which will go to broadband buildouts. The money is divided into two tranches, $10 billion for FY18 and $10 billion for FY 2019, according to House Commerce Committee Chairman Greg Walden (R-OR). The money will be spread among a number of projects--waste and drinking water and transportation--but also for the rural broadband deployment, which President Donald Trump recently said was a priority given the need to connect farmers. “Today’s agreement marks an important step forward on several priorities the Energy and Commerce Committee has championed for many months," Chairman Walden said. 

West Virginia broadband council chairman blasts FCC report, says data isn't correct

The Federal Communications Commission's recent broadband deployment report claims that seven West Virginia counties have 100-percent access to a fixed broadband connection and, overall, 82.2 percent of West Virginians have access. Rob Hinton, chairman of the West Virginia Broadband Enhancement Council, which oversees broadband expansion and access in the state, said the FCC's numbers are “not even close to being correct." Hinton said the FCC's "Form 477" data isn’t expected to be a flawless measure of broadband access, but added that he thinks the data in the 2018 report is exaggerated. “To me, this goes beyond having inaccuracies,” Hinton said. “It’s just disappointing. That’s all it is. At what point next year are they going to say West Virginia has 100 percent coverage?” Hinton said data the council has received from participants in its West Virginia Internet Speed Test shows roughly half of those tested have connection speeds of less than 10 megabits per second download speeds. The FCC classifies a broadband connection as 25 megabits per second download speeds and 3 megabits per second upload speeds. The FCC’s report has consequences beyond simply painting an inaccurate picture of state internet access, Hinton said. When state agencies and organizations apply for funding related to broadband deployment, those providing the funds will question a project’s necessity if the entire county supposedly has broadband access, according to Hinton. “It’s shameful,” Hinton said. “It’s just disappointing that moving forward, this is the kind of data that will dictate where we can invest infrastructure dollars.”

Net Neutrality

Rep Mike Coffman Outlines a Net Neutrality Compromise

[Speech] I am crafting a “net neutrality” bill that will put in place common-sense “rules of the road” that will ensure the Internet is an open, competitive place for people to do business. To those who provide the on-ramps to the Internet, my bill ensures that they will not: (1) block, (2) throttle, or (3) establish paid prioritization.  It further requires Internet service providers to be transparent in their network management practices.  In short, consumers are the ones who decide which websites or applications are best for them, not a third party.  My bill also moves past the old debate between Title One and Title Two.  We don’t need to shoehorn the Internet into a heavy-handed Title Two regulatory regime.  The Internet is too important, therefore my bill places “broadband internet access services” under its own, new title. I believe that my bill will provide some much-needed clarity in this area and I look forward discussing it further with you and my colleagues in Congress. 

This crafty tactic may let states get around the FCC on net neutrality

State governments are becoming pivotal players in the battle over net neutrality. Gov Phil Murphy (D-NJ) this week became one of the latest to adopta new strategy, signing an executive order that effectively forces Internet service providers (ISPs) that do business with the state to abide by strong net neutrality rules. Rather than directly regulating the broadband industry, the executive order imposes procurement obligations on state agencies. Under the order, state officials contracting with ISPs for service may only do so if the providers agree not to block or slow websites, or to offer websites faster delivery to consumers in exchange for an extra fee. As a large consumer of Internet service, said Gov Murphy, the state may be able to pressure ISPs into granting New Jersey residents the same equal-access protections afforded to the government.

Location Intelligence and the Future of Net Neutrality

[Commentary] The recent repeal of network neutrality regulations has concerned cities across the country about how the rollback will impact their communities.  Cities, with the guidance and leadership of their citizens, must begin to form oversight of Internet service providers themselves. And location intelligence is critical to this task. With regards to halting and reversing the growth of the digital divide — and the impact of rescinding net neutrality — communities across the nation must understand the costs to underserved populations before permanent damage is done. In the near future, there will be a need to deploy citizen-driven government oversight with respect to helping the Federal Trade Commission do their job. Communities will need to find a way to more accurately track Internet access and usage on their own. And when it comes to big data, location intelligence technologies such as spatial analytics can connect disparate pieces of data to help local governments make better-informed decisions. [Amen Ra Mashariki is head of urban analytics for Esri. Previously he served as chief analytics officer of New York City and CTO for the US Office of Personnel Management.]

Health

Cancer project also a bet on rural broadband’s future

[Commentary] Lack of digital connectivity carries extremely high costs, but few areas reveal the opportunities and challenges of rural digital divides better than health care. Broadband has the power to conquer distance. With telemedicine, we can extend the reach of care, making it possible for treatment, even hours from the nearest hospital. Initial analysis shows that rural “cancer hotspots” also face major gaps in broadband access and adoption. As laid out in the President’s Cancer Panel Report, Improving Cancer-Related Outcomes with Connected Health, collaboration among those in health care, biomedical research and technology fields is essential to the future of cancer care. At the FCC, we believe that both government and the private sector have roles to play in closing the rural connectivity gap. Recently, the Federal Communications Commission and the National Cancer Institute entered into a memorandum of understanding to focus on how broadband connectivity can be leveraged to help relieve the daily, unyielding burden of cancer symptoms and care for rural patients. [FCC Chairman Ajit Pai, FCC Commissioner Mignon Clyburn]

America’s Real Digital Divide

[Commentary]  If you think middle-class children are being harmed by too much screen time, just consider how much greater the damage is to minority and disadvantaged kids, who spend much more time in front of screens. While some parents in more dangerous neighborhoods understandably think that screen time is safer than playing outside, the deleterious effects of too much screen time are abundantly clear. Screen time has a negative effect on children’s ability to understand nonverbal emotional cues; it is linked to higher rates of mental illness, including depression; and it heightens the risk for obesity. Unfortunately, too often the message we send low-income and less-educated parents is that screen time is going to help their children. When politicians and policymakers talk about kids and technology, it is usually about “bridging the digital divide,” making sure that poor kids have as much access as wealthier ones. But there is no evidence that they don’t. The real digital divide in this country is not between children who have access to the internet and those who don’t. It’s between children whose parents know that they have to restrict screen time and those whose parents have been sold a bill of goods by schools and politicians that more screens are a key to success. It’s time to let everyone in on the secret.  [Naomi Schaefer Riley is a visiting fellow at the American Enterprise Institute]

Wireless/Spectrum

FCC Commissioner Clyburn Statement on AT&T/Fibertower Transaction

"It has long been customary at the Federal Communications Commission for Bureaus planning to issue significant orders on delegated authority to provide those items to Commissioners 48 hours prior to their scheduled release. Then, if anyone Commissioner asked for the Order to be brought up to the Commission level for a vote, that request would be honored." That is a direct quote from then-Commissioner Ajit Pai during testimony before the Senate Commerce Committee on March 18, 2015. Given his view of well-established customary practice, I am disappointed that Chairman Pai did not honor my request to have the full Commission vote on an Order that permitted the transfer of 39 GHz licenses from FiberTower to AT&T. By objecting to proceeding on delegated authority, I do not suggest that I would have voted against this transaction. Rather, the Bureau’s analysis is lacking in its current form. I believe that our statutory obligations, under the Communications Act, requires us to do more than simply consider whether AT&T’s 39 GHz holdings, post-transaction, exceed 1850 megahertz of millimeter wave spectrum. The Commission should also consider whether AT&T’s substantial holdings in other spectrum bands, including below 1-GHz, together with these 39 GHz licenses from FiberTower, could result in potential public interest harms.

Privacy/Security

Consumers should decide their privacy standards without feds getting involved

[Commentary] Individuals certainly need to be aware of how any company, or other entity, is using the information collected. Individuals have the responsibility to read the relevant portions of privacy policies and licenses. But data is not evil. Government regulation is not the answer, or even an answer. Technology companies should not be subject to regulations for using data consumers voluntarily hand over in exchange for services or products those very consumers value so long as that usage is consistent with their disclosed terms. [Jonathon Paul Hauenschild, J.D., is the director of the American Legislative Exchange Council’s Task Force on Communications & Technology.]

Emergency Communications

States are stealing funds from 9-1-1 emergency services — now they’ll be punished

[Commentary] On our individual phone bills a line item is typically included for 9-1-1 service. It’s a relatively small fee that states and localities charge to support emergency calling services. But too many states are stealing these funds and using them for other purposes, like filling budget gaps, purchasing vehicles, or worse.  It’s time for 9-1-1 fee diversion to stop. Fixing it should be easy. But with the responsibility for funding 9-1-1 chiefly a state-level duty, a concerted effort is required. This can start with ensuring that public safety programs in Washington are only available to those that do not engage in fee diversion. Thankfully, we are already taking a step in that direction with a grant program tucked into the Middle Class Tax Relief and Job Creation Act that is designed to kickstart key 9-1-1 upgrades. This program offers $115 million for states and localities seeking additional support for incorporating new technologies into their 9-1-1 systems. The National Telecommunications and Information Administration and National Highway Traffic Safety Administration (NHTSA), which are jointly running the program, are prohibited by law from making these funds available to jurisdictions that have been diverting 9-1-1 fees. This can serve as a template for any other funds provided at the federal level, including in new infrastructure legislation.

Journalism

Donald Trump, Fox News, and the logic of alternative facts

[Commentary] We like to imagine American politics as a kind of scored debate, with political actors acting as the debaters, the media acting as the judge, and the public acting as the audience. Much of cable news is based, implicitly or explicitly, on this metaphor. Panelists from different sides of issues are introduced to “debate” an issue; shows sell themselves as “no-spin zones”; networks brag that they’re “fair and balanced” or place “facts first.” Under this conception of American politics, a memo that proves a fraud, an argument that proves a bust, a politician who is seen to lie — all of it is revealed and punished, the system self-regulates. But that metaphor is often wrong, and it’s particularly wrong in the ecosystem driven by Fox News and President Donald Trump’s Twitter account. What Kellyanne Conway and others understand is that if you’re just trying to activate your tribe, you don’t have to win the argument, you just need to have an argument; you need to give your side something to say, something to believe. Something like the Nunes memo or the various out-of-context texts aren’t part of a search for truth — they’re an ammo drop. All you need is to offer your side an alternative story in which to believe, a story that makes you sound trustworthy and your enemies untrustworthy. And over the past week, Fox News and President Donald Trump have done exactly that. [Erza Klein]

via Vox

Yes, there are two media narratives. Don't equate them; don't call both 'journalism'

[Commentary] There are different ways — as different as black and white — in seeing the world depending on whether you get your political news and analysis from Fox News and Breitbart News or CNN and The New York Times. One narrative today is crafted by platforms that have become political weapons for the Trump administration, while the other is largely the function of news organizations operating under traditional journalistic standards, like The Baltimore Sun, The Washington Post, The New York Times or CNN. One is propaganda, the other journalism. Not understanding that difference is one of the reasons so many are confused about where to go for information they can trust. The distinction might be more important than ever for Americans, because for the first time since the end of World War II, at least, we have large media outlets with the word “news” in their titles in political league with the White House, aiding in its messaging campaigns while operating without journalistic restraints.

The Left’s War Against The New York Times

The New York Times has flourished under President Donald Trump, witnessing a surge in digital subscriptions and regularly breaking major news about the administration and the Russia inquiry (not to mention #MeToo). Yet liberal criticism of the Times has also intensified, especially on social media. Not a day passes, it seems, without a prominent Twitter user complaining that the Times is biased against the left, too friendly to President Trump and his supporters, or engaging in false equivalences between Democrats and Republicans. But overall, the complaints against the Times raise important questions. What is the Times’ responsibility to the public—liberals and conservatives alike—at a time when the president attacks the mainstream press as “fake news”? Was the paper complicit in President Trump’s election victory, and does it continue to enable him and his supporters today? Or are the Times’ left-wing critics being unreasonable, expecting it to be the kind of partisan publication that it has never claimed to be?

Content

How public media could become a casualty of YouTube’s war on propaganda

If YouTube was looking for a little love from British lawmakers for its new initiative to label videos from news outlets that receive state funds, the company was in for a surprise. The lawmakers, who came to Washington to hold a hearing into fake news, were even more scathing than US critics of YouTube’s idea for helping audiences understand where their news comes from. Conservative Party lawmaker Damian Collins, chairman of the Digital, Culture, Media and Sports Committee in the House of Commons, said YouTube’s proposal risked roping in public, independent broadcasters, such as the BBC, alongside state-backed propaganda outlets, such as Russia’s RT. The US public broadcaster PBS has also argued that YouTube’s decision is misguided. “Labeling PBS a ‘publicly funded broadcaster’ is both vague and misleading,” a spokesman said when the labels were announced. “YouTube’s proposed labeling could wrongly imply that the government has influence over PBS content, which is prohibited by statute. If YouTube’s intent is to create clarity and better understanding, this is a step in the wrong direction.”

Ownership

Democratic Reps Seek Documents From Attorney General on Decision to Challenge AT&T-Time Warner

A group of Democratic Reps are seeking documents from Attorney General Jeff Sessions relating to the Justice Department’s decision to file a lawsuit to block AT&T’s planned merger with Time Warner. They are interested in whether the decision was in any way impacted by President Donald Trump’s disdain for CNN, a unit of Time Warner. Makan Delrahim, the chief of the Antitrust Division, denies that the lawsuit was influenced by the White House. The House Democrats take “no position” on “the legality of the transaction or the merits of the lawsuit itself,” but are seeking communications between AG Sessions and the White House. The lawmakers — including House Judiciary Committee Ranking Member Jerrold Nadler (D-NY) and House Oversight Committee Ranking Member Elijah Cummings (D-MD) — cited President Trump’s comments on the campaign trail and reports of meetings between the President and Justice Department officials.

CBS-Viacom: What Does A Merged Company Look Like Globally?

Labor

Newseum Releases Report on Sexual Misconduct in the Media and Launches New Initiative to Combat the Problem

The Newseum released a report on its groundbreaking Power Shift Summit held on Jan. 9, in which more than 130 newsroom leaders, editors, reporters, educators and advocates participated. The report, “The Power Shift Summit Report: Ending Silence and Changing Systems in the Media Industry,” identifies seven key Power Shift Principles, lessons learned from the summit about workplace imbalances that protect the powerful and intimidate and silence others, especially young women. The report found that sexual misconduct and workplace discrimination are inextricably linked, workplace incivility and bullying are gateways to harassment, and change must be remedied through strong harassment reporting and training systems combined with women’s leadership, supported by both men and women at all levels of an organization. Capitalizing on the momentum generated by the summit, the Newseum Institute is launching the Power Shift Project, a major new initiative on behalf of women in the news industry. Jill Geisler, the Bill Plante Chair in Leadership and Media Integrity at Loyola University Chicago, will help guide the Power Shift Project as the newly appointed Newseum Institute Fellow in Women’s Leadership.

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Benton (www.benton.org) provides the only free, reliable, and non-partisan daily digest that curates and distributes news related to universal broadband, while connecting communications, democracy, and public interest issues. Posted Monday through Friday, this service provides updates on important industry developments, policy issues, and other related news events. While the summaries are factually accurate, their sometimes informal tone may not always represent the tone of the original articles. Headlines are compiled by Kevin Taglang (headlines AT benton DOT org) and Robbie McBeath (rmcbeath AT benton DOT org) -- we welcome your comments.

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