September 2013

EU Telecom Overhaul Faces a Bumpy Ride

The European Union is preparing a plan to fix its fragmented telecommunications market and encourage investment in new high-speed networks. But opposition from some countries and companies could derail or water down the long-awaited update of the bloc's telecom regulations. The proposal came under fire even before it was officially introduced. Some members of the European Commission, the EU's executive body, said the proposal wasn't ambitious enough. And some of Europe's biggest telecommunications companies said the plan could cost them billions while doing little to advance their biggest goal—industry consolidation in the region.

Crackdown on Bloggers Is Mounted by China

Big V, for verified account, is the widely used moniker for the most influential commentators on China’s growing microblog sites — online celebrities whose millions of fans read, discuss and spread their outpouring of news and opinions, plenty of which chastise or ridicule officials. And the Communist Party has turned against them in the most zealous crackdown on the Internet in years.

Worried about its hold on public opinion, the Chinese government has pursued a propaganda and police offensive against what it calls malicious rumor-mongering online. Police forces across the country have announced the detentions of hundreds of microblog users since last month on charges of concocting and spreading false claims, often politically damaging. For weeks, a torrent of commentaries in the state-run news media have warned popular opinion makers on China’s biggest microblog site, Sina’s Weibo service, to watch their words.

Financial Services and General Government Subcommittee
Senate Committee on Appropriations
Wednesday, September 11, 2013
10:30 am
http://www.appropriations.senate.gov/news.cfm?method=news.view&id=8dd78d...

Witnesses:

The Honorable Mignon Clyburn
Acting Chairwoman
Federal Communications Commission

The Honorable Ajit Pai
Commissioner
Federal Communications Commission

The Honorable Jessica Rosenworcel
Commissioner
Federal Communications Commission



NSA Violated Privacy Protections, Officials Say

The National Security Agency's searches of a database containing phone records of millions of Americans violated privacy protections for three years by failing to meet a court-ordered standard, intelligence officials acknowledged.

They said the violations continued until a judge ordered an overhaul of the program in 2009. Since the breadth of the phone-records collection came to light through leaks from former NSA contractor Edward Snowden, lawmakers and top US officials have defended the program. They have said that for all queries of the database, the NSA must show a "reasonable articulable suspicion" that the phone number being targeted is associated with a terrorist organization. The revelations called into question the NSA's ability to run the sweeping domestic surveillance programs. Top US officials, including Gen. Keith Alexander, the head of the NSA,, have repeatedly reassured lawmakers and the public that the phone-records program has been carefully executed under oversight from the secret national security court. "This is not a program where we are out freewheeling it," Gen. Alexander said in June. "It is a well-overseen and a very focused program." The documents released "are a testament to the government's strong commitment to detecting, correcting and reporting mistakes," James Clapper, the director of national intelligence, said. He blamed the errors on the "complexity of the technology."

We now know exactly what made the FISA court so upset with the NSA

Documents recently declassified by the government showed that the Foreign Intelligence Surveillance Court ripped into the National Security Agency (NSA) in 2011 for an unspecified compliance violation. The court at the time accused the NSA of misleading and inaccurate reporting in a scathing footnote to an official opinion. Now we know precisely why the FISA court was so angry.

In a new round of documents released, we’ve learned that the NSA used to keep a list of 17,835 suspicious phone numbers that was in some cases used to query the telephone metadata database. Senior intelligence officials now say that of the phone numbers on the alert list, more than 15,000 were wrongly included because they did not meet the standard for “reasonable, articulable suspicion” required by the Foreign Intelligence Surveillance Act (FISA) court. Even worse, the NSA officials who were reporting on the program to the FISC didn’t understand the extent of the program, and so they sent inaccurate information to the court. “There was no single person with a complete understanding of the [business-records] FISA system,” said one official. “While there were people who understood portions of it … it’s not consistent with what we told the court we were doing. That’s the problem.” As a result, for nearly three years, from 2006 to 2009, the NSA provided faulty information to the FISA court, during which the court continued to approve the bulk surveillance program.

More Aggressive Oversight of Agency FOIA Compliance Is Needed, GAO Says

The government ombudsman for evaluating agencies’ compliance with the Freedom of Information Act should be more aggressive, the Government Accountability Office (GAO) said.

The four-year-old Office of Government Information Services, or OGIS, should be more proactive and comprehensive in suggesting improvements to proposed Freedom of Information Act (FOIA) regulations and in assessing agencies’ compliance with current law. OGIS has begun developing a standard methodology for reviewing agency FOIA compliance but should establish a timeline for when that methodology will be complete, GAO said.

Verizon brings fiber optic network to storm-hit Fire Island

Verizon Communications said it plans to bring fiber optic Internet service to Fire Island (NY), responding to public pressure to restore reliable telecommunications services after phone lines were destroyed by Superstorm Sandy.

Consumers and some lawmakers criticized the company’s plans to replace damaged copper-wire lines with an experimental wireless service called VoiceLink. Critics said the service only offered voice service, leaving homes without Internet connections. Some residents and businesses complained that the quality of calls on the wireless service was spotty and not as reliable as landline phones, raising questions about whether the system would serve customers in emergency situations. Verizon has defended the quality of VoiceLink, but said it decided to build out its FiOs fiber optic network on the island after months of debate over the issue.

Verizon Makes Good on Fire Island

[Commentary] In May 2013, Verizon announced it would replace the copper phone network on Fire Island destroyed by Hurricane Sandy with their new “Voice Link” service. From the beginning, we expressed grave concerns with forcing storm victims to take an unproven technology in place of the traditional copper-line phone and DSL broadband they had before Sandy struck.

Verizon acknowledged that many of its customers do not find Voice Link an acceptable substitute for their pre-Sandy copper landline and DSL. Verizon has therefore agreed to deploy FIOS Internet and voice service to Fire Island before Memorial Day 2014 but will make Voice Link available for those customers who want a low cost alternative. Otherwise, folks have the option to upgrade to fiber. There are still a number of loose ends that need to be addressed and lessons to learn. Most importantly, the Federal Communications Commission still needs to provide guidance to carriers on their responsibilities when a natural disaster destroys their existing copper network. Much of the expense and confusion around this process could have been avoided if Verizon had a clear understanding of what the law required. Americans rebuilding their communities have a right to expect a communications network as good, or better, than what they had before they lost everything in a disaster.

Apple is thinking about the mobile phone market in a whole new way

[Commentary] Apple’s big announcement boils down to this: An acknowledgement that the market for mobile phones is growing up.

Since introducing the original iPhone six years ago, the company has gone through round after round of upgrades in which each one was a little sleeker, a little faster, a little better than the one that came before it. The company did not, by contrast, make “cheaper” one of the areas for improvement, at least not in any major way. But now most of the people who want an iPhone and can comfortably afford one already have one. That doesn’t mean the business will collapse anytime soon; people still need to replace their phone every couple of years amid regular wear and tear and the modestly improved features. But nothing Apple introduced, or which seems to be on the horizon, represents as big an improvement against the current iPhone and other leading smartphones as the original iPhone did in 2007 compared to its competitors.

Google can face wiretapping claims in Street View lawsuits, court says

A federal appeals court decided that Google can be held liable for violating a federal wiretap law when it collected personal information from Wi-Fi networks while obtaining photographs for Street View.

A three-judge panel of the US 9th Circuit Court of Appeals said data transmitted over an unencrypted Wi-Fi network were not readily available to the public and therefore could not be accessed under an exemption to the federal Wiretap Act. The ruling was a victory for wireless users who brought class-action lawsuits after their private information was accessed by Google’s Street View fleets.