July 2009

NSA's cyber overkill

[Commentary] The Obama administration has chosen to combat cyber security threats in a move that runs counter to its pledge to be transparent. The Administration reportedly is proceeding with a Bush-era plan to use the National Security Agency to screen government computer traffic on private-sector networks. AT&T is slated to be the likely test site. This classified pilot program, dubbed "Einstein 3," is developed but not yet rolled out. It takes two offenders from President Bush's contentious secret surveillance program and puts them in charge of scrutinizing all Internet traffic going to or from federal government agencies. In a tacit admission that the proposed new program is problematic and possibly illegal, AT&T has sought written assurances from the administration that it will not be legally liable for participating in the program. Instead of trying to put the genie back in the bottle, Obama is considering expanding its power. This is antithetical to basic civil liberties and privacy protections that are the core of a democratic society. Perhaps we can draw a lesson from the real Einstein, who ultimately regretted his role in urging the development of dangerous technology -- the atomic bomb -- and spent the rest of his life advocating against it.

[Jesselyn Radack is the homeland security director of the Government Accountability Project in Washington.]

States Seek to Jam Prison Cellphone Signals

South Carolina petitioned the Federal Communications Commission on Monday to protect the public safety by blocking signals from contraband cellphones emanating from prisons. Officials with two dozen other state corrections agencies also signed the petition, which was filed two days before the Senate commerce committee is scheduled to hold hearings on legislation that would waive a 1934 federal ban on telecommunications jamming for prisons and other exceptional cases. Lobbyists for telecommunication companies say that any weakening of antijamming legislation could become a slippery slope that eventually could inappropriately limit cellphone use. Law enforcement officials say that smuggled cellphones are a growing problem across the country, allowing inmates to make unmonitored calls.

Regulations May Be Necessary to Ensure Competitive Broadband

A group of academic and industry representatives agreed Monday that some government regulation will be necessary to ensure a robust and competitive broadband market and continued innovation. The group spoke during a panel discussion sponsored by the Technology Policy Institute. Public Knowledge Legal Director Harold Feld said government policymakers have made a shift in how they think about broadband from merely a service to an entire ec0logy. While past policies focused on the number of lines laid and producer incentives, Feld said that going forward, new policies will focus on how all of these factors act together and affect our economy as whole. But whether the role of government will be to "nudge the participant" into action or "actually building something" itself is still up for debate, he said. "Ten years ago, we thought convergence would create competition at every level," but "whether competition is enough to meet our policy goals" is still unclear, he said.

Report examines Privacy Implications of Data.Gov

The Center for Democracy and Technology released a Policy Post discussing privacy implications for the federal data clearinghouse known as data.gov and de-identification considerations for the Open Government Directive. While this initiative signifies a step in the right direction towards a more open and transparent federal government, it must be done in concert with protecting the privacy of individuals. The Policy Post recommends specialized review procedures for each data set on data.gov. In addition, it says that different levels of data protections should be implemented in different contexts and that de-identification guidelines should be adaptable over time. This is essential in addressing consumer privacy risks associated with handling large data sets.

New Director of Census Bureau Is Approved

The Senate on Monday approved the nomination of Robert Groves, a veteran survey researcher at the University of Michigan as director of the United States Census Bureau, ending weeks of opposition from two Republicans over Groves's role in next year's high-stakes count. More than a dozen states stand to gain or lose seats in the House after 2010. Senators Richard C. Shelby (R-Alabama) and David Vitter (R-Louisiana) had blocked a full confirmation vote, saying they wanted assurance from the White House that sampling would not be used.

Comcast, One Economy Partner For Broadband Education Program

Comcast and nonprofit One Economy are teaming on broadband education program, Comcast Digital Connectors, that expands One Economy's existing Digital Connectors program. The idea is to deliver digital literacy training both after school and during the summer to kids 14-21. In return, the youths share their expertise through community service. One Economy currently boasts almost 3,000 Digital Connectors and 50,00 hours of community service. Comcast hopes to double that with its partnership in the program.

Can This Life Ring Save the Postal Service?

A House committee has thrown the US Postal Service a lifeline, but it won't be substantial enough to allow the agency to fully escape the financial quicksand pulling it under. The Oversight and Government Reform Committee advanced legislation Friday that would allow the USPS to pay for the health benefits of current retirees out of its Retiree Health Benefit Fund instead of from its operating budget. That would save about $2 billion a year. That figure sounds good until you realize that the Postal Service -- which is funded by customers, not tax dollars -- lost that amount in just the second quarter and expects to lose $6 billion this fiscal year. Changing the funding source of retiree benefits will help, but it won't stop the recession from sucking revenue from the agency.

Jackson and Palin Drive New Narrative

Two major celebrities—one in the entertainment industry, the other in politics—drove the news agenda last week, according to the Pew Research Center's Project for Excellence in Journalism. For the second in week a row, the fallout from the death of pop singer Michael Jackson was the week's top story. It filled 17% of the newshole from July 6-12, due in large part to the star-studded July 7 memorial service viewed on TV by an estimated 31 million Americans. Meanwhile, the No. 3 story last week (7%) was the continuing chatter over the July 3 resignation of Alaska Governor Sarah Palin, who may now be a cultural figure as well as a political one. Together the Jackson and Palin storylines accounted for about a quarter of the coverage last week, as measured by PEJ's weekly News Coverage Index.

What Sotomayor Could Mean for Network Neutrality and the First Amendment

[Commentary] The nomination hearings of US Supreme Court nominee Judge Sonia Sotomayor began Monday and during opening remarks, Sen Al Franken noted that the Supreme Court is "the last place a person can go to protect the free flow of information on the Internet." Most people would wonder what the Supreme Court has to do with Network Neutrality. There are two main legal issues: 1) can Congress adopt a network neutrality law without the Supreme Court overturning it, and 2) can the Federal Communications Commission adopt a network neutrality rule without a specific law passed by congress first? Judge Sotomayor's history is a blank slate on this, with very few hints. Ammori writes: "Here's the question I'd ask: Please tell us about the free speech rights of media, telephone, and cable companies. That is, do their rights trump the rights of citizens and users of media?"

Senate Confirmation for Adelstein RUS Nomination This Week?

Former Federal Communications Commission member Jonathan Adelstein's nomination to head the USDA's Rural Utilities Service (RUS) was approved by the Senate Agriculture Committee last week. A full Senate vote on his nomination could come as early as this week. Agriculture Secretary Tom Vilsack appears to be confident of that approval, since he has already installed some of Adelstein's top team -- Jessica Zufolo, deputy administrator, and Katie Yocum, confidential assistant.

Benton

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