September 2014

FCC Revisits Network Neutrality Exemption for Mobile Broadband

High-speed cellular Internet access has been largely exempt from regulations aimed at preventing Internet providers from slowing down or blocking websites and applications. But wireless broadband’s special status is quickly losing support.

On Sept 16, the Federal Communications Commission will hold a round-table discussion to examine whether proposed network neutrality rules should cover mobile broadband. The battle lines will probably be clear: the cellphone companies against nearly everyone else. Removing the wireless exemption from some net neutrality rules would be a change in the commission’s stance since May, when the regulator laid out a set of proposed rules called “Protecting and Promoting the Open Internet.” In that draft, the newly proposed rules would subject wired Internet service providers to “commercially reasonable practices” of network management. But in recent weeks, voices calling for wireless broadband to be treated the same as wired services have grown louder.

Smartwatches and Weak Privacy Rules

[Commentary] Even before Apple announced a smartwatch that can measure someone’s heart rate and the number of steps climbed in a day, wearable devices and mobile apps that log your every move and vital sign were growing in popularity. Apple’s size and influence as a trendsetter has now focused attention on the privacy implications of these machines and software. No amount of caution can truly take the place of strong privacy laws that give consumers control over what kinds of data companies collect about them and what businesses can do with it, something President Obama called for in 2012. Federal lawmakers have not passed such legislation, in large part because businesses that collect and use private data for targeted marketing have lobbied aggressively to preserve the status quo. The country should welcome innovative health devices but should also make sure that they do not becomes tools to invade individual privacy.

Apple Watch Privacy Questioned by Connecticut AG Jepsen

Apple faces questions by Connecticut Attorney General George Jepsen over privacy protections for users of the company’s watch, which includes features such as health tracking.

AG Jepsen said he asked Apple’s Chief Executive Officer Tim Cook for a meeting with representatives of the company. AG Jepsen said he wants to know whether Apple will allow users to store personal and health information on the Apple Watch or on computer servers, and how that information will be protected. He said he would ask Apple if it will review privacy policies for apps, and if it intends to enforce policies requiring it to reject apps that offer diagnoses or treatment advice without regulatory approval.

AMA Urges Overhaul of Electronic Medical Records

It's no secret that many physicians hate the electronic-medical-records systems they use, saying they are cumbersome, poorly designed and detract from patient care. Amplifying those concerns, the American Medical Association is calling for a major overhaul of EMR systems to make usability and high-quality patient care a higher priority.

"The health system desperately needs working information technology to help support quality care," said AMA President-elect Steven Stack. "The current generation of EMRs and the way they are deployed is not supporting the quality of care we need it to." Dr. Stack blamed the federal government's Meaningful Use program for requiring EMR systems to serve too many functions and forcing the fledgling EMR industry to develop too quickly to respond to users' concerns. The program, which offers hospitals and doctors some $35 billion in incentive payments if they met ambitious timetables, has spurred rapid adoption of EMRs. As of Jan. 1, 2014, more than $19 billion in incentive payments have been distributed to 347,000 eligible hospitals and health-care professionals. But only about 10% of eligible providers have qualified for the next, stricter round of Meaningful Use requirements to date. Doctors and hospitals that haven't adopted EMR systems will face cuts in Medicare reimbursements starting in 2015.

Google Lends a Helping Hand to Madison Ave on Digital Proficiency

Google is inviting Madison Avenue to go to the head of the class, offering tutorials to up-and-coming employees of advertising and media agencies on how to more effectively use digital tools like mobile, social platforms and video for marketing purposes.

Google is calling the digital school for agencies Squared, after the idea that squaring a number or letter in a formula — for instance, e = mc2 — exponentially increases its size or power. The Squared program is coming to the United States after being tested in Britain in 2012 and given a green light a year later; more than 300 employees of more than 60 agencies, including Carat, DigitasLBi, JWT, Mindshare and Starcom, have taken part there.

Berlin pushes Google to reveal search engine formula

Berlin is calling on Google to disclose details of the secret formula that has allowed it to monopolize web search in Europe, in a move that is likely to be welcomed by competitors and fiercely resisted by the US tech company.

Germany’s justice minister Heiko Maas said Google had to become more “transparent” about the algorithm used to create search engine rankings. Robert Kimmitt, a former US ambassador to Germany, criticized the demand. European companies and countries, in particular an export-driven economy like Germany “that needs open markets for its innovative products and services, should be concerned about calls for appropriation of intellectual property,” he said.

The FCC has now received 3 million net neutrality comments

The Federal Communications Commission has just released an updated count of how many comments it's received on net neutrality -- and the number completely blows the previous estimate out of the water. To date, the public has filed 3 million comments on the matter. That's more than double the last official count of 1.48 million -- which itself was a substantial increase, attributed to the Internet slowdown protests.

FCC Flooded With Final Comments Over Future of Open Internet

Fight for the Future, parked an 11-foot-wide video billboard outside the Federal Communications Commission headquarters and played videos urging the FCC to take a strong stance toward requiring network neutrality. Meanwhile, the National Cable & Telecommunications Association launched a radio, print and Web ad campaign urging the agency to maintain a “light touch” in considering any regulation, a position also taken by former-Sen John Sununu (R-NH) and former-Rep Harold Ford Jr (D-TN), at a press conference in behalf of Broadband for America. New comments were extensive.

The Writers Guild of America-West's comments included examples of what it called the entertainment industry successes possible with open Internet. In one, Margaret Dunlap, writer and co-executive producer of the Emmy award-winning Web series ”The Lizzie Bennet Diaries,” said her show, which had no corporate backing, no studio and no network partnerships, was possible because of the open Internet and Net Neutrality. “We were posting episodes of our show exactly the same way that someone would put up a video of their cat,” she said. “But thanks to the Open Internet and Net Neutrality, our videos loaded just as quickly and played just as well as anything on Netflix, Hulu, or NBC.com. That level playing field allowed an underserved audience to find and embrace the content that spoke to them, no matter where it came from.”

In another, Ruth Livier, writer and creator of “YLSE,” wrote that after she created the concept for the show in 2010 and presented it at one event designed to nurture Latino talent, she was asked: “Who is going to watch this?” She returned to the script in 2008 after technology changed. “The Internet suddenly put worldwide distribution at our fingertips,” Livier said. “It all seemed too good to be true. But, it was true. And it was good. And it changed everything. We suddenly had unprecedented access to create, produce and distribute our content. In this exciting new frontier of a neutral non-discriminatory Internet, anyone could finally tell their stories from their point of view without getting discouraged, derailed or having their vision diluted.” “The bottom line is, as long as the digital space remains neutral and does not go the way of traditional media, we will never again be disregarded by anyone who essentially asks, ‘Who are you to have your story be told?'” she said in WGA-W comments.

Public Knowledge to FCC: A Million Comments Later, the Need for Reclassification is Clear

Public Knowledge filed reply comments in the network neutrality proceeding on behalf of ourselves and Benton Foundation. Our reply comments show how the initial comments (of which there were over a million!) supported our position that the Federal Communications Commission needs to reclassify internet as a Title II telecommunications service in order to protect the open internet. Here are the highlights of our filing:

  1. The American public is deeply engaged with this issue, and views the preservation of the open internet as tied to fundamental American values.
  2. Commenters highlighted privacy concerns that can only be addressed by reclassifying the internet as a Title II service.
  3. Contrary to what some industry commenters claim, existing antitrust and consumer protection laws are clearly insufficient to protect the open internet.

Public Knowledge and The Harry Potter Association submitted net neutrality reply comments, representing over 14,000 video creators who are proud believers in an open internet. These signatures were collected through the launch of our website Video Creators for Net Neutrality.

Comcast: Keep Peering Out of Net Neutrality Debate

Comcast told the Federal Communications Commission that the company supports new network neutrality rules, but they should not apply to exchanges of Internet traffic (like paid peering deals with Netflix). Comcast said it supported new rules based on Sec. 706 authority, was strongly opposed to reclassifying the rules under Title II, and again reiterated its support for the FCC's tentative conclusion that peering was beyond the scope of the current rulemaking.