July 17, 2013 (Suit to end NSA spying)
Benton Foundation Announces Reorganization of Leadership
BENTON'S COMMUNICATIONS-RELATED HEADLINES for WEDNESDAY, JULY 17, 2013
Internet Gambling, Government Surveillance, and E-Rate 2.0 on today’s agenda http://benton.org/calendar/2013-07-17/
GOVERNMENT & COMMUNICATIONS
Suit to end NSA spying
Snowden’s surveillance leaks open way for challenges to programs’ constitutionality
Secretive FISA Court Sides With Yahoo Over Disclosure of 2008 PRISM Case
Tech industry, Obama administration should push for more disclosures in wake of Yahoo victory - editorial [links to web]
Microsoft Pushes Harder to Talk About Surveillance Orders
Microsoft says it doesn't give NSA secret encryption keys [links to web]
The Pros and Cons of a Surveillance Society - analysis
Congressional Picks for DHS Head Include backers of Mass Surveillance [links to web]
First Look at Next.Data.gov [links to web]
President Obama uses Univision, Telemundo to press case for immigration reform [links to web]
INTERNET/BROADBAND
Don’t Blame Big Cable. It’s Local Governments That Choke Broadband Competition - op-ed
Level 3, Comcast call truce in peering fight [links to web]
Universities Face a Rising Barrage of Cyberattacks [links to web]
China's online population rises to 519 million [links to web]
EDUCATION
Connecting the American Classroom: A Student-Centered E-Rate Program - speech
The Impact of Digital Tools on Student Writing and How Writing is Taught in Schools - research
Universities Face a Rising Barrage of Cyberattacks [links to web]
PRIVACY
Do Not Track proposal is DOA
Privacy advocates call out mobile health developers for ‘abysmal’ security protections
TELEVISION
Rare, but Real, a Racial Divide in Prime Time
Court denies broadcasters' appeal to shut down Aereo
TiVo Petitions FCC to Ensure Consumer Access to Its DVR [links to web]
Dish opens up the Hopper DVR to help developers build smarter, more useful TV apps [links to web]
Announcement of Grant Application Deadlines; Deadlines and Funding Levels - public notice [links to web]
Google Said to Weigh Supplying TV Channels
President Obama uses Univision, Telemundo to press case for immigration reform [links to web]
WIRELESS/SPECTRUM
Leap of Fate for T-Mobile and Dish - analysis
Smartphone Upgrades Slow as 'Wow' Factor Fades
T-Mobile: AT&T’s New Plans Make You Pay for the Same Phone Twice
AT&T Vs. T-Mobile Device Upgrades: Which Plan Is Better? [links to web]
Apple-Samsung phone battle to hit appeals court in August [links to web]
Tech makes push for issues beyond immigration [links to web]
POLICYMAKERS
Sen Ed Markey Sworn In [links to web]
Still no signal on White House GOP nominee for FCC
Benton Foundation Announces Reorganization of Leadership - press release
Congressional Picks for DHS Head Include backers of Mass Surveillance [links to web]
White House veteran joins NBCUniversal as general counsel [links to web]
MPAA hires Dem staffer Winters for global policy [links to web]
Dem operative Crider headed to Microsoft [links to web]
STORIES FROM ABROAD
China's online population rises to 519 million [links to web]
Why the price of mobile data in India is suddenly plummeting [links to web]
Saying 'nyet' to Apple's iPhone [links to web]
MORE ONLINE
Proposed Establishment of a Federally Funded Research and Development Center - public notice [links to web]
CBS Gets $225M Offer for Outdoor International Business [links to web]
GOVERNMENT & COMMUNICATIONS
GOVERNMENT SURVEILLANCE SUIT
[SOURCE: The Hill, AUTHOR: Brendan Sasso]
A host of activist organizations sued to end the National Security Agency's massive phone record collection program. Unlike other suits which have focused on privacy rights, this suit argues that the spying violates the constitutional right to free association. "The principles of our faith often require our church to take bold stands on controversial issues. We joined this lawsuit to stop the illegal surveillance of our members and the people we serve," Rev. Rick Hoyt of the First Unitarian Church of Los Angeles said. "This spying makes people afraid to belong to our church community." The lawsuit, filed in federal court in Northern California, argues that the phone records reveal personal information about the political and religious groups that people belong to and chills free association. The Electronic Frontier Foundation, Public Knowledge, TechFreedom, the California chapter of the National Organization for the Reform of Marijuana Laws, Students for Sensible Drug Policy and the Council on American-Islamic Relations also joined the lawsuit.
benton.org/node/155894 | Hill, The | ars technica | B&C
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SURVEILLANCE IN THE COURTS
[SOURCE: Washington Post, AUTHOR: Jerry Markon]
The recent disclosure of U.S. surveillance methods is providing opponents of classified programs with new openings to challenge their constitutionality, according to civil libertarians and some legal experts. At least five cases have been filed in federal courts since the government’s widespread collection of telephone and Internet records was revealed last month. The lawsuits primarily target a program that scoops up the telephone records of millions of Americans from U.S. telecommunications companies. Such cases face formidable obstacles. The government tends to fiercely resist them on national security grounds, and the surveillance is so secret that it’s hard to prove who was targeted. Nearly all of the roughly 70 suits filed after the George W. Bush administration’s warrantless wiretapping was disclosed in 2005 have been dismissed. But the legal landscape may be shifting, lawyers say, because the revelations by Edward Snowden, a former National Security Agency contractor and the principal source of the leaks, forced the government to acknowledge the programs and discuss them.
benton.org/node/155882 | Washington Post
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FISA SIDES WITH YAHOO
[SOURCE: Wall Street Journal, AUTHOR: Arik Hesseldahl]
In 2008, lawyers for Web company Yahoo sought to avoid becoming part of the National Security Agency’s PRISM surveillance program by fighting it in a case before the secretive U.S. Foreign Intelligence Surveillance Court.
On July 15, that court ruled that it would unseal documents related to the case so Yahoo could prove that it objected to participating in the notorious PRISM program, disclosed last month by former NSA employee Edward Snowden and later confirmed by the U.S. government. The three-page order requires the government to review the case and say which documents from the docket can be declassified by July 29. The order says that government lawyers took “no position” over whether or not the documents should be disclosed. There was a clear understanding that the documents would be subjected to a declassification review, implying that the resulting disclosures will probably contain several redacted sections.
benton.org/node/155884 | Wall Street Journal | The Hill | GigaOm
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MICROSOFT AND SURVEILLANCE ORDERS
[SOURCE: New York Times, AUTHOR: Nick Wingfield]
Microsoft called on Attorney General Eric H. Holder Jr to give the company permission to talk about how it handles government surveillance requests. The move represents an escalation of Microsoft’s campaign to speak more freely about the national security orders it receives for e-mails, Internet phone calls and other communications by users of Microsoft services. Secrecy laws severely limit what Microsoft and others can say about those orders, particularly the surveillance requests issued by the Foreign Intelligence Surveillance Court. Microsoft and other companies have been frustrated by government limits on how they can respond to news stories about government surveillance orders. In a letter that Bradford Smith, Microsoft’s general counsel, sent to AG Holder, Smith said the company had not made “adequate progress” in its discussions with the Department of Justice, Federal Bureau of Investigation and other members of intelligence agencies about sharing more details about its compliance with surveillance orders. Microsoft petitioned the government on June 19 to let it publish how many national security requests it has received. The company says the government has not yet responded to the request.
benton.org/node/155905 | New York Times
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SURVEILLANCE SOCIETY
[SOURCE: New York Times, AUTHOR: Nick Bilton]
Here are three topics much in the news these days: Prism, the surveillance program of the national security agency; the death of Trayvon Martin; and Google Glass and the rise of wearable computers that record everything. Although these might not seem connected, they are part of a growing move for, or against, a surveillance society. On one side of this issue we have people declaring that too much surveillance, especially in the form of wearable cameras and computers, is detrimental and leaves people without any privacy in public. On the other side there are people who argue that a society with cameras everywhere will make the world safer and hold criminals more accountable for their actions. But it leaves us with this one very important question: Do we want to live in a surveillance society that might ensure justice for all, yet privacy for none?
benton.org/node/155923 | New York Times
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INTERNET/BROADBAND
LOCAL GOVERNMENT AND BROADBAND COMPETITION
[SOURCE: Wired, AUTHOR: Berin Szoka, Matthew Starr, Jon Henke]
[Commentary] Despite public, political, and business interest in greater broadband deployment, not every American has high-speed internet access yet (let alone a choice of provider for really fast, high-capacity service). So who’s really to blame for strangling broadband competition? While popular arguments focus on supposed “monopolists“ such as big cable companies, it’s government that’s really to blame. Companies can make life harder for their competitors, but strangling the competition takes government. Broadband policy discussions usually revolve around the Federal Communications Commission (FCC), yet it’s really our local governments and public utilities that impose the most significant barriers to entry. Before building out new networks, Internet Service Providers (ISPs) must negotiate with local governments for access to publicly owned “rights of way” so they can place their wires above and below both public and private property. ISPs also need “pole attachment” contracts with public utilities so they can rent space on utility poles for above-ground wires, or in ducts and conduits for wires laid underground. The problem? Local governments and their public utilities charge ISPs far more than these things actually cost. So the real bottleneck isn’t incumbent providers of broadband, but incumbent providers of rights-of-way. These incumbents — the real monopolists — also have the final say on whether an ISP can build a network. They determine what hoops an ISP must jump through to get approval.
[Berin Szoka, Matthew Starr and Jon Henke are with TechFreedom, a non-profit technology policy think tank. TechFreedom is supported by foundations as well as web companies and broadband providers (including Google).]
benton.org/node/155902 | Wired
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EDUCATION
CONNECTING THE AMERICAN CLASSROOM: A STUDENT-CENTERED E-RATE PROGRAM
[SOURCE: Federal Communications Commission, AUTHOR: FCC Commissioner Ajit Pai]
In a speech at the American Enterprise Institute, Federal Communications Commission member Ajit Pai proposed to establish a student-centered E-Rate program. His plan focuses on five key goals:
Simplify the Program: Reduce red tape for fewer delays, more predictability, and no need to hire consultants
Fairer Distribution of Funding: Allocate E-Rate budget across every school in America; Schools receive money on a per-student basis; funds follow students when they change schools
Focus on Next-Generation Technologies for Kids: End funding for telephone service and eliminate disincentive to spend money on connecting classrooms
More Transparency and Accountability: Create website where anyone can find out exactly how any school is spending E-Rate funds; enables parents, schools boards, press, and public to conduct effective oversight
Fiscal Responsibility: Schools given fixed amount of money and must contribute at least one dollar for every three E-Rate dollars they receive; Cap overall USF budget before any increase in E-Rate budget.
benton.org/node/155876 | Federal Communications Commission | two-page summary
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DIGITAL TOOLS AND WRITING
[SOURCE: Pew Internet and American Life Project, AUTHOR: Kristen Purcell, Judy Buchanan, Linda Friedrich]
A survey of 2,462 Advanced Placement (AP) and National Writing Project (NWP) teachers finds that digital technologies are shaping student writing in myriad ways and have also become helpful tools for teaching writing to middle and high school students. These teachers see the internet and digital technologies such as social networking sites, cell phones and texting, generally facilitating teens’ personal expression and creativity, broadening the audience for their written material, and encouraging teens to write more often in more formats than may have been the case in prior generations. At the same time, they describe the unique challenges of teaching writing in the digital age, including the “creep” of informal style into formal writing assignments and the need to better educate students about issues such as plagiarism and fair use.
benton.org/node/155858 | Pew Internet and American Life Project
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PRIVACY
DO NOT TRACK IS DOA
[SOURCE: CNNMoney, AUTHOR: David Goldman]
When two warring sides can't even agree on what "tracking" means, it's not surprising that little progress has been made toward launching a single browser button that prevents advertisers from tracking your online behavior. Nearly two years after the Obama administration, digital advertisers, browser makers and privacy advocates agreed in principle to create a "Do Not Track" mechanism for Web browsing, the various parties still have not agreed on a basic framework for the tool. In an effort to salvage Do Not Track, leaders of the working group shepherding the agreement put their collective foot down on July 15. The World Wide Web Consortium (W3C), which is moderating this increasingly fractious and seemingly endless debate, said that it has chosen a foundation upon which all other discussions about Do Not Track will be based.
benton.org/node/155890 | CNNMoney
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MOBILE HEALTH PRIVACY
[SOURCE: GigaOm, AUTHOR: Ki Mae Heussner]
Health and fitness apps are blowing up. But before you download one, you might want to do a little digging into its privacy and security policies. According to a study released by the San Diego, California-based Privacy Rights Clearinghouse, many of the most popular wellness apps carry privacy risks for users. The report, which evaluated 43 free and paid apps, found that many apps lack privacy policies, send information without encryption and transmit user data to third-parties (like advertisers, ad networks and analytics companies) without informing users. “Data security and privacy – from a technical standpoint – is abysmal,” said Beth Givens, founder and director of the privacy-focused non-profit.
benton.org/node/155892 | GigaOm
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TELEVISION
RACIAL DIVIDE IN PRIME TIME
[SOURCE: New York Times, AUTHOR: Jon Caramanica]
Thirteen years ago, on the first season of the CBS reality competition “Big Brother,” one houseguest was William Collins, also known as Will Mega, an intensely political black man who proved polarizing in the house for his sometimes confrontational talk about race. It was a novelty, this sort of conversation, in network prime time, and in the eyes of Americans, perhaps not a welcome one: the audience voted Mr. Collins off the show first. In the years since, “Big Brother” casts have displayed token diversity, but rarely has race been a subject of conversation, partly because of the producers’ apparent belief that it will arise only when members of a minority group are present and vocal, a scenario they’ve largely avoided. This season, though, race has become the dominant narrative thanks to a handful of white cast members who’ve turned the show, which runs three nights a week, into a rare opportunity to watch white privilege and unconscious racism in the field. It may be occurring in a sealed-off space, but it’s feasting on the oxygen of national network television.
benton.org/node/155931 | New York Times
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COURT DENIES APPEAL IN AEREO CASE
[SOURCE: The Hill, AUTHOR: Brendan Sasso]
A federal appeals court denied a petition from television broadcasters to reconsider a decision that allows Internet video service Aereo to continue operating. The TV networks argue that Aereo is stealing their copyrighted content and should be shuttered immediately. A three-judge panel of the U.S. Court of Appeals for the Second Circuit ruled against the broadcasters in April, rejecting their request for an injunction against the Internet start-up. The TV stations then asked the full Second Circuit Court to review the decision, but 10 of 12 judges declined to reconsider the case. The underlying lawsuit against Aereo, however, will proceed to a trial in U.S. District Court.
benton.org/node/155880 | Hill, The | GigaOm | B&C
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GOOGLE NET TV?
[SOURCE: New York Times, AUTHOR: Brian Stelter]
If Google has its way, you might someday get cable television the same way you get Gmail: through any ordinary Internet connection. Foreshadowing a new challenge to entrenched cable and satellite providers, Google is one of several technology giants trying to license TV channels for an Internet cable service, according to people with direct knowledge of the company’s efforts. No deals are imminent. But Google’s recent meetings with major media companies that own channels are a sign of the newfound race to sell cablelike services via the Internet, creating an alternative to the current television packages that 100 million American households buy from companies like Comcast and Time Warner Cable.
benton.org/node/155935 | New York Times | WSJ | Bloomberg
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WIRELESS/SPECTRUM
T-MOBILE/DISH?
[SOURCE: Wall Street Journal, AUTHOR: Miriam Gottfried]
Fate may be conspiring to bring Dish Network and T-Mobile US together. AT&T's $1.2 billion offer to buy Leap Wireless takes a strategic option off the table for both Dish and T-Mobile. That makes it more likely that the two will ultimately join hands. Dish seeks to use the wireless spectrum it has amassed through a partnership with an established national phone carrier. Dish lost the chance at one potential partner last month, when it abandoned efforts to buy Sprint Nextel S -3.57% . In light of that, another possibility was for AT&T, which needs more spectrum, to buy Dish. But the Leap offer and a January agreement to buy $1.9 billion in spectrum from Verizon Wireless mean AT&T has two deals in front of the Federal Communications Commission, making it unlikely to add a third, according to UBS. For T-Mobile, Leap's spectrum was considered highly complementary. And buying it would have helped the carrier expand its MetroPCS brand to more markets. With Leap now all but locked up by AT&T, T-Mobile may look more favorably at Dish's spectrum stash.
benton.org/node/155929 | Wall Street Journal
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SMARTPHONE WOW FACTOR
[SOURCE: Wall Street Journal, AUTHOR: Spencer Ante]
Fewer people are upgrading their smartphones—a trend that could make it harder for companies from AT&T to Apple to keep up the pace of revenue growth. The rates at which American cellphone users have traded in their devices for more advanced models have declined over the last few years, according to analysts at UBS. They turned negative last year, when about 68 million people upgraded their phones in the U.S., down more than 9% from a year earlier. UBS predicts upgrades will fall again this year. AT&T and T-Mobile have introduced plans in recent days to make it easier for subscribers to trade up to new phones if they are willing to give up the usual carrier subsidies. But it remains to be seen whether customers will bite. There are two components to the trend: With smartphone penetration approaching 70% of contract subscribers last year in the U.S., there are fewer customers left to upgrade to the Internet-ready devices and data plans. And among existing smartphone owners, fewer are seeing the need to buy the latest Apple iPhone or Samsung Galaxy as the pace of innovation slows.
benton.org/node/155927 | Wall Street Journal
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T-MOBILE ON AT&T PLAN
[SOURCE: Wall Street Journal, AUTHOR: Ina Fried]
T-Mobile lashed out at new rate plans from rival AT&T, criticizing them as a poor imitation of T-Mobile’s earlier efforts. Mike Sievert, T-Mobile’s chief marketing officer, said that when his company did away with phone subsidies it also lowered monthly rates. AT&T’s new Next plans, by contrast, charge the same monthly rates while also eliminating the discount typically provided by carriers when purchasing a new phone. “You get to pay for the same phone twice,” Sievert said.
benton.org/node/155925 | Wall Street Journal
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POLICYMAKERS
FCC NOMINEES
[SOURCE: Politico, AUTHOR: Tony Romm, Brooks Boliek]
The Federal Communications Commission could spend the remainder of its summer down two members — a reality that has Senate Democrats and Republicans blaming each other while fearing the potential of new policy delays. President Barack Obama nominated Tom Wheeler as chairman months ago, but the White House still hasn’t named a GOP candidate for the FCC’s other open slot. With Republicans still insisting both nominees move together, the Senate very likely doesn’t have enough time to confirm two commissioners before its August break. That’s prompted plenty of sniping. Democrats have accused Republicans of dragging their heels when it came time to recommend a GOP nominee to the president. Republicans have countered that the White House is to blame. Sen. John Thune, the ranking GOP lawmaker on the Senate Commerce Committee, told POLITICO that “it’s been weeks” since GOP leaders offered up their candidate. The White House declined to comment for this report and didn’t say when it might break its silence with an announcement. GOP leaders, for their part, took quite some time interviewing candidates before offering up Mike O’Rielly, currently a staffer for Sen. John Cornyn (R-TX), according to industry sources — though Republican leaders declined to comment on the possibility.
benton.org/node/155917 | Politico
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BENTON ANNOUNCEMENT
[SOURCE: Benton Foundation, AUTHOR: Press release]
The Benton Foundation today announced the reorganization of leadership to strengthen the organization’s core work advocating for universal, affordable broadband and begin a transition to a new generation of Benton stewardship. Effective July 1, 2013, Adrianne Benton Furniss becomes the foundation’s Executive Director. Cecilia Garcia, the foundation’s Executive Director since 2007, will continue with the foundation as Senior Advisor. Amina Fazlullah has been promoted to Director of Policy, leading the foundation’s policy advocacy. [more at the URL below]
http://benton.org/node/155896
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