April 14, 2016 (CURB Act)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for THURSDAY, APRIL 14, 2016

Today's Event: Using Data to Secure Networks: Optimizing Individual Privacy While Achieving Strong Security, Center for Democracy & Technology: https://www.benton.org/node/238751


INTERNET/BROADBAND
   House Communications Subcommittee Works to Improve Public Safety and Rein in FCC’s Lifeline Program - press release
   The Republican-Backed 'CURB Act' Aims to Limit Broadband Aid for the Poor
   Commissioners O'Rielly and Pai Letter to Chairman Greg Walden Re: Lifeline Program
   Commissioner Pai Letter Regarding Kari's Law - press release [links to Benton summary]
   White House Statement of Administration Policy on the No Rate Regulation of Broadband Internet Access Act - press release
   House Sets Debate Rules for Rate Regulation Bill Each side gets hour, amendments limited [links to Broadcasting&Cable]
   Municipal Broadband: Background and Policy Debate - Congressional Research Service
   Putting the Squeeze on Rural America [links to CommLawBlog]
   NCTA Has Major Problems With Special Access [links to Benton summary]
   San Jose to become first city to test Facebook's new Wi-Fi service [links to Benton summary]
   Google Fiber wants to beam wireless Internet to your home [links to Benton summary]

WIRELESS/SPECTRUM
   Facebook's new gigabit Wi-Fi system is coming to San Jose
   Bell Labs Wireless Capacity Vs. Demand Forecast: Carriers Must Invest More [links to telecompetitor]
   San Jose to become first city to test Facebook's new Wi-Fi service [links to Benton summary]
   Google Fiber wants to beam wireless Internet to your home [links to Benton summary]

SECURITY/PRIVACY
   President Obama Appoints Commission on Enhancing National Cybersecurity - press release
   FBI paid professional hackers one-time fee to crack San Bernardino iPhone
   Senate Intel panel releases official encryption bill draft [links to Hill, The]
   Sen Wyden Vows Filibuster of Controversial Encryption Bill [links to Verge, The]
   The Tech Community Is Mobilizing Against the Burr-Feinstein Encryption Bill [links to Revere Digital]
   Sen Feinstein still clueless on tech after all these years [links to San Jose Mercury News editorial]
   Encryption: Balancing The Needs Of Law Enforcement And The Fourth Amendment Testimony [links to Internet Infrastructure Coalition]
   CTA's Shapiro: Encryption Bill Would Make Cybersecurity Illegal [links to Broadcasting&Cable]
   Pressure turns to House leaders to advance bill requiring warrant for emails [links to Hill, The]
   How a Cashless Society Could Embolden Big Brother [links to Benton summary]
   Healthcare Data Breaches Top Reported Data Security Incident [links to HealthITSecurity]
   EU data watchdogs: Privacy Shield needs fixes [links to Ars Technica]
   Association of National Advertisers asks FCC to Extend Broadband Privacy CPNI Comment Deadline [links to Broadcasting&Cable]
   Islamic State’s online footprint has shrunk in crackdown aided by global hackers, but supporters open new accounts almost as quickly as digital gatekeepers delete them [links to Wall Street Journal]
   Commentary -- US takes cyber warfare mainstream: No one, Moscow included, will argue against America’s use of the internet to attack Isis [links to Financial Times]

LABOR
   About 39K Verizon workers strike amid contract dispute
   Verizon’s Political Strike: Sanders and Clinton join picket lines on behalf of the rotary-phone era [links to Wall Street Journal editorial]
   Why the Verizon strike is the perfect economic morality play for Bernie Sanders [links to Vox]
   Clinton says Verizon should produce 'fair offer' for striking workers [links to Hill, The]
   The unsettling truth about the tech sector’s meritocracy myth - WaPo op-ed [links to Benton summary]

ELECTIONS & MEDIA
   Tracking presidential campaigns on Facebook -research [links to Benton summary]
   ‘The Trump Effect’: Report says 2016 campaign is causing an ‘alarming level of fear and anxiety’ for children of color [links to Washington Post]
   Why the Verizon strike is the perfect economic morality play for Bernie Sanders [links to Vox]
   Verizon to Sen Sanders: Do the Tax Math [links to Benton summary]
   Scrappy Sanders Campaign Aims to Spark Grassroots Video Support [links to AdAge]
   Sen Ted Cruz and His PAC Say No to TV in New York [links to AdAge]
   Trump campaign fires back at Zuckerberg [links to Benton summary]
   Megyn Kelly Meets With Donald Trump [links to New York Times]
   New York Observer political reporter quits over paper's Trump relationship [links to Politico]
   Hollywood’s power brokers siding with Clinton over Sanders [links to Hill, The]
   Clinton says Verizon should produce 'fair offer' for striking workers [links to Hill, The]
   Local TV stations counting on political ads worry about Donald Trump's ability to get free airtime [links to Los Angeles Times]

TELEVISION
   Of Cable, Congress and Cockroaches: Mohu study puts pay TV near bottom of food chain [links to Multichannel News]
   Zombies, Pirates, and Why the Latest Copyright Fray Over Set-Top Box Undermines Itself - PK blog [links to Benton summary]
   Study: Cord Cutting in Rural Markets Has Less Appeal [links to telecompetitor]

CONTENT
   The Secret Rules of the Internet: The murky history of moderation, and how it’s shaping the future of free speech [links to Benton summary]
   Twitter and Islamic State Deadlock on Social Media Battlefield [links to Benton summary]

GOVERNMENT & COMMUNICATIONS
   Facebook Launches Live Video Feature: What Does it Mean for Government? [links to Government Technology]

ADVERTISING
   Association of National Advertisers asks FCC to Extend Broadband Privacy CPNI Comment Deadline [links to Broadcasting&Cable

HEALTH
   Social media and mental health: 'We are more than our profile pictures' [links to CNN Money]

EDUCATION
   US Department of Education Issues Guidance for Schools on Leveraging Federal Funding to Support STEM Education [links to US Department of Education]
   American Library Association, Google Launch "Libraries Ready to Code" [links to American Library Association]
   Oracle is donating $200 million to Obama's program to teach kids computer science [links to Business Insider]

JOURNALISM
   Journalist Matthew Keys sentenced to 24-month prison term for helping hacking group Anonymous [links to Verge, The]
   As local coverage wanes, residents become self-taught watchdogs [links to Columbia Journalism Review]

POLICYMAKERS
   President Obama Appoints Commission on Enhancing National Cybersecurity - press release
   American Library Association launches Public Policy Advisory Council - press release [links to Benton summary]

COMPANY NEWS
   Does Boston Signal a Shift in Verizon Fios Deployment Plans? [links to telecompetitor]

STORIES FROM ABROAD
   Europe’s Privacy Watchdogs Call for Changes to US Data-Transfer Deal
   Twitter and Islamic State Deadlock on Social Media Battlefield [links to Benton summary]
   Meet the people bringing Silicon Valley to Belgium's 'jihad central' [links to Verge, The]
   EU data watchdogs: Privacy Shield needs fixes [links to Ars Technica]

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INTERNET/BROADBAND

HOUSE COMMUNICATIONS SUBCOMMITTEE WORKS TO IMPROVE PUBLIC SAFETY AND REIN IN FCC'S LIFELINE PROGRAM
[SOURCE: House of Representatives Commerce Committee, AUTHOR: Press release]
The House Communications Subcommittee, Chaired by Rep Greg Walden (D-OR), held a legislative hearing to examine bills that improve Americans' access to public safety in emergency situations, improve Spectrum efficiency, bring broadband to skilled nursing facilities, and limit spending in the Federal Communications Commission’s (FCC) Lifeline program. Members of the subcommittee examined the following bills:
The Rural Health Care Connectivity Act of 2015 (HR 4111), authored by committee member Rep Leonard Lance (R-NJ), would: Allow skilled nursing facilities to apply for universal service funding for communications services used to provide health care in rural communities.
Kari’s Law Act of 2015 (HR 4167), authored by Rep Louie Gohmert (R-TX), would: Require that any multi-line telephone system, commonly found in schools, offices, hotels, and hospitals connect directly to 911 when dialed, even in instances where the phone requires the user to dial “9” to get an outside line. “Thanks to Kari’s Law, there will be no question that when a child dials 9-1-1, they will reach the emergency dispatcher without any additional prefix required” said Chairman Walden.
The CURB Lifeline Act (HR 4884), authored by Rep. Austin Scott (R-GA), would: Reform the Federal Communications Commission’s Lifeline subsidy program by capping the fund at $1.5 billion, prohibiting the use of the subsidy for devices, and phasing out the subsidy for voice only service for mobile. Chairman Walden stated, “We are not opposed to the mission of Lifeline. Universal connectivity is a core principle in this country, particularly for those who need it most, like children from low-income families. What we cannot support is a fund that lacks external controls and is susceptible to waste, fraud, and abuse.”
The Kelsey Smith Act (HR 4889), authored by Rep. Kevin Yoder (R-KS), would: Require telecommunications carriers to share location data with law enforcement if law enforcement believes that someone is in danger of death or serious harm. Melissa Smith, Treasurer of the Kelsey Smith Foundation and Parent of Kelsey Smith, testified, “Not a single state that has enacted the Kelsey Smith Act has reported any officer misconduct in the use of the Act. Kelsey’s Law saves lives.” “The Kelsey Smith Act bill seeks to protect the privacy of users while still allowing access when the situation demands it,” Chairman Walden commented. “It utilizes existing technology to help law enforcement better respond when someone is in serious danger.”
benton.org/headlines/house-communications-subcommittee-works-improve-public-safety-and-rein-fccs-lifeline | House of Representatives Commerce Committee | House Communications Subcommittee | Chairman Walden Opening Statement | The Hill
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GOP-BACKED 'CURB ACT' AIMS TO LIMIT BROADBAND AID FOR THE POOR
[SOURCE: Vice, AUTHOR: Sam Gustin]
On April 13, the GOP-controlled House Communications Subcommittee held a hearing on a new bill that would reduce the Lifeline budget to $1.5 billion and set a hard cap on the program. Public interest groups say the “Controlling the Unchecked and Reckless Ballooning of Lifeline Act of 2016,” or CURB Act, which was introduced by Rep Austin Scott (R-GA), could severely undermine the Lifeline program and potentially exclude millions of low-income people from receiving its benefits. “Capping the fund at roughly its present funding level—when about two-thirds of eligible people aren’t getting the support they deserve—is short-sighted at best,” Matt Wood, policy director at Free Press Action Fund. “At worst, it’s an intentional slap in the face, and a blatant attempt to cut off entire communities from our modern economy and democracy.” In a letter to Subcommittee Chairman Greg Walden, an Oregon Republican, the Leadership Conference on Civil and Human Rights, along with several other public interest groups, expressed their opposition to Rep Scott’s bill, saying it runs counter to the spirit and purpose of the Lifeline program. “This cap could halt payments to eligible consumers mid-stream or result in unacceptable waiting lists for eligible households or other unreasonable and administratively cumbersome management mechanisms,” wrote the groups, which include the American Civil Liberties Union, the Center for Media Justice, and Common Cause.
benton.org/headlines/republican-backed-curb-act-aims-limit-broadband-aid-poor | Vice | Read the Opposition Letter
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O'RIELLY AND PAI LETTER TO CHAIRMAN WALDEN RE: LIFELINE PROGRAM
[SOURCE: Federal Communications Commission, AUTHOR: FCC Commissioner Michael O'Rielly, FCC Commissioner Ajit Pai]
We write to express our strong support for Rep Austin Scott's (R-GA) effort to enact a budgetary cap on the Federal Communications Commission's Lifeline program (HR 4884). This measure represents a necessary and important step toward greater fiscal responsibility for the program, especially as it expands in size and scope to cover broadband services. As you know, this issue garnered significant attention during the FCC's recent consideration of an order expanding the Lifeline program two weeks ago. At the time, we had hoped that our colleagues would agree that enacting prudent fiscal constraints would strengthen the program and help address the abundant waste, fraud, and abuse prevalent in its operations. We had even reached an agreement among a majority of Commissioners to adopt a firm cap at a level of $2.0 billion. This represented a deep compromise as individually we support a smaller program at funding levels along the lines of Rep Scott's proposal. Unfortunately, this agreement was undermined by various individuals and groups (encouraged by the FCC leadership) and ultimately abandoned after the Chairman postponed the FCC vote three times. Moreover, it is extremely disturbing to learn that the association representing America's wireless carriers is now opposing the imposition of any spending limitation on the Lifeline program. This is an interesting position as a number of wireless carriers are either directly or indirectly responsible for some of the waste, fraud and abuse existing in the Lifeline program. It is not surprising that these carriers seek and enjoy federal government subsidies, but is seems that they are ignoring the financial impact of the program on those Americans -- and their subscribers -- who are not program recipients, especially those who live on incomes just above program eligibility, and will see their wireless bills increase substantially. We hope these views are helpful as the Subcommittee considers legislation on this matter.
benton.org/headlines/commissioners-orielly-and-pai-letter-chairman-greg-walden-re-lifeline-program | Federal Communications Commission
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WH STATEMENT ON POLICY ON HR 2666
[SOURCE: The White House, AUTHOR: ]
The Obama Administration strongly opposes House passage of the No Rate Regulation of Broadband Internet Access Act (HR 2666) which would undermine key provisions in the Federal Communications Commission's Open Internet order and harm the Commission's ability to protect consumers while facilitating innovation and economic growth. For almost a century, our laws have recognized that companies that connect Americans to the world have special obligations not to exploit the gatekeeper power they enjoy over access in and out of our homes and businesses. The same philosophy should guide any service that is based on the transmission of information, whether a phone call or a packet of data. The FCC's rules — issued after a lengthy rulemaking process that garnered an unprecedented amount of public input, including comments from four million Americans — recognize that broadband service is of the same importance, and must carry the same obligations as so many of the other vital services do. These carefully-designed rules have already been implemented in large part with little or no adverse impact on the telecommunications companies making important investments in our economy. HR 2666 is overly broad and extends far beyond codifying the FCC's forbearance from applying provisions of the Communications Act related to tariffs, rate approval, or other forms of utility regulation. Even as amended, HR 2666 would restrict the FCC's ability to take enforcement actions to protect consumers on issues where the FCC has received numerous consumer complaints. The bill also would hamstring the FCC's public interest authority to review transactions. HR 2666 also could limit the Commission's ability to address new practices and adapt its rules for a dynamic, fast-changing online marketplace. If the President were presented with HR 2666, his senior advisors would recommend that he veto the bill.
benton.org/headlines/white-house-statement-administration-policy-no-rate-regulation-broadband-internet-access | White House, The | Multichannel News
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MUNICIPAL BROADBAND: BACKGROUND AND POLICY DEBATE
[SOURCE: Congressional Research Service, AUTHOR: Lennard Kruger, Angele Gilroy]
Municipal broadband is controversial, because it involves governmental entities entering a commercial telecommunications marketplace that had previously been the exclusive domain of private sector providers. Supporters of municipal broadband argue that in view of substandard broadband service, communities and local governments should be able to provide this service to meet their citizens’ needs and to support the community’s economic development. Municipal broadband opponents argue that public entities are ill-equipped to efficiently develop, operate, and maintain commercial broadband networks, and that municipally owned and supported broadband networks constitute unfair competition to private sector providers, which may ultimately impede private investment in broadband infrastructure. Ultimately, whether municipal broadband should be encouraged or restricted is one of many policies that Congress continues to consider for promoting broadband deployment. These include loans and grants for broadband infrastructure deployment; universal service reform; tax incentives to encourage private sector deployment; regulatory and deregulatory measures; and spectrum policy to spur roll-out of wireless broadband services. Some of these policies may be considered in the context of efforts to rewrite the Communications Act of 1934. To the extent that Congress may consider the various options for promoting broadband, a central issue is how to strike a balance between providing government support for broadband in areas where the private sector may not be providing acceptable levels of broadband service, while at the same time minimizing any deleterious effects that government intervention in the marketplace may have on competition and private sector investment.
[From April 6, 2016]
benton.org/headlines/municipal-broadband-background-and-policy-debate | Congressional Research Service
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WIRELESS/SPECTRUM

FACEBOOK'S NEW GIGABIT WI-FI SYSTEM IS COMING TO SAN JOSE
[SOURCE: The Verge, AUTHOR: Russell Brandom]
Facebook is building a new way to connect to the Internet, employing millimeter-wave technology to connect buildings to the larger Internet without fiber optic cable. Facebook detailed its new Terragraph system, calling it a "multi-node wireless system focused on bringing high-speed Internet connectivity to dense urban areas." Facebook Engineering VP Jay Parikh described it as "a distribution network to replace fiber in these dense urban areas." The system is currently being tested at Facebook's Menlo Park headquarters. The company is also preparing a larger trial in downtown San Jose (CA), which will go live later in 2016. Terragraph is notably similar to Starry, a new wireless system developed by Aereo CEO Chet Kanojia, which launched in January. Both Starry and Terragraph transmit data in the millimeter wave spectrum, and employ a phased array of antennae to maintain a narrowly beamed signal. But while Starry touted proprietary antenna technology for increased range and signal strength, Terragraph is based on the open WiGig standard, which has been publicly available since 2010. The open standard means third-party hardware can more easily be built with Terragraph-friendly antennae, including phones, cars, and home Wi-Fi routers.
benton.org/headlines/facebooks-new-gigabit-wi-fi-system-coming-san-jose | Verge, The | Revere Digital
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SECURITY/PRIVACY

FBI PAID PROFESSIONAL HACKERS ONE-TIME FEE TO CRACK SAN BERNARDINO IPHONE
[SOURCE: Washington Post, AUTHOR: Ellen Nakashima]
The FBI cracked a San Bernardino (CA) terrorist’s phone with the help of professional hackers who discovered and brought to the bureau at least one previously unknown software flaw, apparently. The new information was then used to create a piece of hardware that helped the FBI to crack the iPhone’s four-digit personal identification number without triggering a security feature that would have erased all the data. The researchers, who typically keep a low profile, specialize in hunting for vulnerabilities in software and then in some cases selling them to the US government. They were paid a one-time flat fee for the solution. Cracking the four-digit PIN, which the FBI had estimated would take 26 minutes, was not the hard part for the bureau. The challenge from the beginning was disabling a feature on the phone that wipes data stored on the device after 10 incorrect tries at guessing the code. A second feature also steadily increases the time allowed between attempts. The bureau in this case did not need the services of the Israeli firm Cellebrite, as some earlier reports had suggested, apparently. The US government now has to weigh whether to disclose the flaws to Apple, a decision that probably will be made by a White House-led group.
benton.org/headlines/fbi-paid-professional-hackers-one-time-fee-crack-san-bernardino-iphone | Washington Post
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LABOR

ABOUT 39K VERIZON WORKERS STRIKE AMID CONTRACT DISPUTE
[SOURCE: Associated Press, AUTHOR: Michael Balsamo]
About 39,000 Verizon landline and cable workers on the East Coast walked off the job April 13 after little progress in negotiations since their contract expired nearly eight months ago. The workers, members of two unions — the Communications Workers of America and the International Brotherhood of Electrical Workers — represent installers, customer service employees, repairmen and other service workers in Connecticut, Delaware, New York, New Jersey, Massachusetts, Pennsylvania, Rhode Island, Maryland, Virginia and Washington (DC) for Verizon's wireline business, which provides fixed-line phone services and FiOS Internet service. "We're on strike to maintain good jobs and maintain our standard of living," said Keith Purce, president of CWA Local 1101 which represents about 3,500 workers in Manhattan and the Bronx. Standing on a picket line in Manhattan with hundreds of union workers, Purce said they were prepared to stay out "as long as it takes." He said talks broke off during the week of April 4 and no new talks were scheduled. Verizon spokesman Rich Young said the company was very disappointed that union leadership has called a strike. He said it has trained thousands of non-union workers to fill in for striking workers and "we will be there for our customers." The workers' latest contract expired in August. Between 300 and 400 union members walked a picket line outside the company's office in downtown Albany, where workers set up an inflatable "greedy pig" and rat, said Mike Panzerino, treasurer of CWA Local 1118. "We're tired of fighting with the company," Panzerino said. "All we're asking for is a fair contract and they don't want to give it to us."
benton.org/headlines/about-39k-verizon-workers-strike-amid-contract-dispute | Associated Press
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POLICYMAKERS

CYBERSECURITY COMMISSION
[SOURCE: The White House, AUTHOR: Press release]
President Barack Obama announced his intent to appoint the following individuals to serve on the Commission on Enhancing National Cybersecurity.
General Keith Alexander, USA (Ret) – Chairman and CEO of IronNet, a cyber security firm he founded in 2014. General Alexander served as Director of the National Security Agency from 2005 to 2014 and was the first Commander of U.S. Cyber Command from 2010 to 2014.
Annie I. Antón – Professor and Chair of the School of Interactive Computing at the Georgia Institute of Technology, a position she has held since 2012.
Ajay Banga – President and CEO of MasterCard, positions he has held since 2010.
Steven Chabinsky – General Counsel and Chief Risk Officer for the cybersecurity technology firm CrowdStrike.
Patrick Gallagher – Chancellor and CEO of the University of Pittsburgh; From 2009 to 2014, he was Director of the National Institute of Standards and Technology (NIST) and Under Secretary for Standards and Technology at the Department of Commerce.
Peter Lee – Corporate Vice President, Microsoft Research; formerly of the Defense Advanced Research Projects Agency.
Herbert Lin – Senior Research Scholar for Cyber Policy and Security at the Center for International Security and Cooperation and a Research Fellow at the Hoover Institution, both at Stanford University.
Heather Murren – private investor and member of the Board of Trustees of the Johns Hopkins University and the Johns Hopkins University Applied Physics Laboratory.
Joe Sullivan – Chief Security Officer at Uber; was Chief Security Officer at Facebook from 2010 to 2015 and Associate General Counsel from 2008 to 2010.
Maggie Wilderotter – was Chief Executive Officer of Frontier Communications from 2004 to 2015, and then Executive Chairman of the company until April 1, 2016. She was Senior Vice President of Worldwide Public Sector at Microsoft from 2002 to 2004 and CEO of Wink Communications Inc. from 1997 to 2002.
The Commission is charged with making recommendations to the nation for actions that can be taken over the next decade to strengthen cybersecurity in both the public and private sector. Tom Donilon, former Assistant to the President and National Security Advisor, will chair the Commission. Sam Palmisano, former CEO of IBM, will serve as Vice Chair.
benton.org/headlines/president-obama-appoints-commission-enhancing-national-cybersecurity | White House, The
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STORIES FROM ABROAD
   Europe’s Privacy Watchdogs Call for Changes to US Data-Transfer Deal

DATA TRANSFER DEAL
[SOURCE: New York Times, AUTHOR: Mark Scott]
Only two months after the European Union’s top policy makers agreed to a hard-won data-sharing pact with United States officials, the bloc’s national privacy regulators said that the deal did not go far enough to safeguard the personal information of Internet users in Europe. The agreement, the so-called EU-US Privacy Shield, which would allow companies to continue sending personal data back and forth across the Atlantic, is still widely expected to be ratified by early summer. But by sounding the alarm over the current deal, national privacy watchdogs from France, Germany and other European Union member states have served notice that American companies like Google, Facebook and Amazon could face protracted country-by-country legal battles. The regulators say they worry that companies could misuse data, including information from search engine queries and social media posts. They also say they fear that American law enforcement and intelligence agencies might gain access to European citizens’ personal information without sufficient safeguards in place. “From the outside, it must look like Europe can’t speak with one voice on privacy,” said Patrick van Eecke, a data protection lawyer at DLA Piper in Brussels. “This is becoming kind of a circus.”
benton.org/headlines/europes-privacy-watchdogs-call-changes-us-data-transfer-deal | New York Times | WSJ
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