September 2013

FCC Reminds Connect America Phase I Challenge Participants to Protect Customer Privacy in Challenge Process

The Federal Communications Commission’s Wireline Competition Bureau reminds parties interested in participating in the Connect America Phase I challenge process that all filings should protect customer privacy consistent with applicable privacy laws and regulations.

In the Phase I Round 2 Order, the FCC established a challenge process by which a provider could submit evidence showing that it serves a particular census block. The FCC noted that certain types of information might be probative, including “customer billing records, appropriately redacted to preserve customer privacy.” To the extent a provider’s records are subject to laws or regulations related to customer proprietary network information, customer billing records should not be submitted if doing so is inconsistent with such laws or regulations.3 Providers should also consider the applicability of the Electronic Communications Privacy Act as well as the prohibitions related to customer privacy described in 47 U.S.C. § 551.

Commission Ruling Opens Door For Low-Cost Call Routing Service For Inmates And Their Families

Families of prison inmates should enjoy new options for reducing the high cost of phone calls to loved ones in jails and prisons, due to action taken by the Federal Communications Commission’s Wireline Competition Bureau. In a Declaratory Ruling, the Bureau finds that Inmate calling service providers are not allowed to unilaterally block innovative call routing services offered in the broad marketplace.

The Bureau ruling follows comprehensive action taken by the Commission to bar high rates for long-distance calls in jails and prisons nationwide. These actions are likely to facilitate increased contact between inmates and their loved ones. Studies have shown that contact between inmates and their families and communities can reduce the rate of recidivism, which in turn provides benefits to society overall. Inmate calling service provider Securus Technologies blocked ConsCallHome, arguing that Commission precedent permitted such blocking, and sought a ruling from the FCC on the issue. The Bureau found that the Commission precedent cited by Securus was not applicable in this context. “As the Commission has previously found, call blocking is largely antithetical to the fundamental goal of ubiquity and reliability of the telecommunications network,” the FCC declared in its ruling.

Chairman Upton, Walden Respond to FCC Decision to Change Rules In the Middle of the Game

House Commerce Committee Chairman Fred Upton (R-MI) and Communications and Technology Subcommittee Chairman Greg Walden (R-OR) issued the following statement in response to the Federal Communications Commission’s (FCC) decision to adopt a Notice of Proposed Rulemaking (NPRM) regarding the Ultra High Frequency Band (UHF) discount:

“In an otherwise struggling economy, the communications and technology sector is a welcome beacon of innovation and growth that the US government should embrace and celebrate. Removing regulatory barriers to investment and fostering an environment of stability is critical to continued job growth. Unfortunately, the FCC apparently does not see it that way. Today’s action by the FCC reveals a startling failure to recognize the chilling effect of regulatory uncertainty and a disregard for the potential economic consequences of commission action. Rather than following the good process of adopting new rules and then applying them prospectively, as we suggested in a letter to the Acting Chairwoman, the FCC instead will apply as yet undefined rules to applications filed any time. The practical reality of this decision is that the commission has created a regulatory purgatory for broadcasters between now, September 26, 2013, and whenever it gets around to adopting new rules – potentially sidelining countless jobs and billions of dollars in new investment. The FCC sadly failed in the ultimate effort to pursue policies that promote our economy and create jobs.”

Keith Alexander: In Best Interest Of US To 'Put All The Phone Records' Into A Searchable 'Lockbox'

National Security Agency Director Keith Alexander said the NSA wants to collect more phone records, even after being the subject of recent public unease. Sen. Mark Udall (D-CO) asked Gen. Alexander if the NSA wants "the phone records of all Americans" during a congressional hearing. "I believe it is in the nation's best interest to put all the phone records into a lockbox that we can search when the nation needs to do it, yes," Gen. Alexander replied.

Senators Lash Out At The Media Over Public's NSA Opposition

Many members of the Senate Intelligence Committee who gathered for a hearing on the National Security Agency had harsh words for a foe they thought had deceived the American public and spread mistrust about US intelligence methods. If you were thinking that foe was the NSA itself, you'd be wrong. It was the media! Multiple senators, while defending the NSA's tactics and surveillance programs, made sure to get a dig in at those awful people in the media who revealed those tactics to the world.

EA Cancels Next Year’s College Football Game

Electronic Arts said it is canceling its college football game, adding that it is uncertain about the future of the franchise amid continued legal acrimony between the National Collegiate Athletic Association and student players.

The game maker made the decision after running afoul of a dispute between the NCAA and students who have been seeking a share of NCAA revenues for the use of their images and likenesses. EA each year produces an NCAA-branded game, much like the ones it makes under other banners like the National Football League. They are known for their attempts to recreate game-play, down to individual athletes’ likenesses, various playing styles and statistics. “For our part, we are working to settle the lawsuits with the student-athletes. Meanwhile, the NCAA and a number of conferences have withdrawn their support of our game,” said Cam Weber, head of EA’s American football games.

Wiretapping laws apply to Google intercepting e-mails, federal judge says

Google’s practice of intercepting users’ emails is subject to state and federal wiretapping laws, a federal judge ruled.

Google’s intercepting users’ e-mail to better target advertising is not exempted under wiretapping laws, Judge Lucy Koh said, rejecting in part Google’s attempt to have a class action suit over its intercepting practices dismissed. “The alleged interception of emails at issue here is both physically and purposively unrelated to Google’s provision of email services,” Judge Koh wrote, meaning it does not fall under wiretapping law exemptions for necessary business practices. Non-Gmail users have given even less consent, Judge Koh said, rejecting Google’s notion that “by merely sending emails to or receiving emails from a Gmail user, a non-Gmail user has consented to Google’s interception of such emails for any purposes.” In a statement, a Google spokesman said the company is “disappointed in this decision and ... considering our options.”

Sen. Feinstein unveils her own bill to reform the NSA’s spying practices

Leaders of the Senate Intelligence Committee are proposing a bill aimed at improving transparency at the National Security Agency.

Committee Chairman Feinstein said at a hearing that her intention was to "change, but preserve" the metadata collection program. Among the provisions are a requirement that the NSA publish an annual transparency report — which the government has already voluntarily said it will do — and stricter limitations on how long collected metadata may be stored.

Sen Wyden hints that NSA tracked locations for millions of cellphones

Sen. Ron Wyden (D-OR) suggested that the National Security Agency tracked or considered tracking the cellphone location data of millions of people in the United States.

During a Senate Intelligence Committee hearing, Sen. Wyden asked NSA Director Gen. Keith Alexander whether "the NSA has ever collected — or made any plans to collect — Americans' cell site information in bulk." When Gen. Alexander denied that the NSA was collecting cell site location data, Sen. Wyden cut him off, saying the NSA chief was not answering his question. Sen. Wyden repeated his inquiry, emphasizing whether the NSA has "ever" collected cell site location data, and the NSA director responded, “What I don't want to do, senator, is to put out in an unclassified forum on anything that's classified here."

More Than $116 Million Awarded to Assist States in FirstNet Planning

The Commerce Department’s National Telecommunications and Information Administration (NTIA) announced that 54 states and territories have been awarded $116 million in grants in fiscal year 2013 to help them plan for the national public safety broadband network to be built by the First Responder Network Authority (FirstNet), an independent authority within NTIA.

The grants were awarded through NTIA’s State and Local Implementation Grant Program (SLIGP), which supports states and territories with their planning, consulting and outreach activities as they work with FirstNet on deployment of this historic national broadband network dedicated to public safety. The latest awards include: AL - $2 million, American Samoa - $502,930, IL - $4 million, ME - $1 million, MI - $3.3 million, NH - $879,887, OK - $1.9 million, RI - $755,863, and WI - $2.2 million. States are required to provide a matching contribution of at least 20 percent.

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