September 2014

CIVIC ENGAGEMENT

SUNLIGHT REVIEW NET NEUTRALITY COMMENTS
[SOURCE: Washington Post, AUTHOR: Brian Fung]
The Sunlight Foundation wrapped up its weeks-long study of the more than 1 million initial comments filed to the Federal Communications Commission on network neutrality. The top-line results are unsurprising, with less than 1 percent of 800,000 commenters calling for Internet providers to be regulated more lightly. That's consistent with a major push by consumer advocates to convince FCC Chairman Tom Wheeler to adopt stronger rules on Internet service providers. The study comes with some important caveats. Out of the 1.1 million comments the FCC said it received, Sunlight was only able to process 800,000 because some comments were mailed in to the agency and weren't available online when Sunlight began looking at the comments. Others came bundled together in packs that Sunlight had to break apart to make sense of. Despite the incomplete analysis, the research is the most credible one we've seen to date and shows an overwhelming bias toward stronger regulation. About two-thirds of the studied comments called for reclassifying broadband providers under Title II of the Communications Act — a move that would allow the FCC to regulate ISPs more heavily but would likely provoke a strong political backlash.
benton.org/headlines/sunlight-99-percent-network-neutrality-comments-wanted-stronger-fcc-rules | Washington Post | Sunlight Foundation | The Hill
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INTERNET/BROADBAND

CELLPHONES AND REGULATING THE INTERNET
[SOURCE: San Francisco Chronicle, AUTHOR: Jim Tuthill]
[Commentary] Mobile phone services have been regulated as common carrier services by the Federal Communications Commission for decades. It's indisputable that the application of Title II regulation to mobile phone services has not inhibited either investment or innovation. That is why this is the model the FCC should apply to broadband Internet services. It's tried and it's true.
[Tuthill teaches telecommunications, broadcast and Internet law at the UC Berkeley School of Law]
benton.org/headlines/cellphone-regulations-are-workable-model-internet | San Francisco Chronicle
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TITLE II: NET DISASTER, NOT NET NEUTRALITY
[SOURCE: National Cable and Telecommunications Association, AUTHOR: ]
[Commentary] The Internet works for Americans because government has wisely chosen to let the web grow and thrive without burdensome regulation and onerous red tape that can choke progress and smother innovation. But instead of continuing this path of tremendous success, some want to radically change course and are urging the government to force a heavy-handed regulatory model on the Internet and to run it like a public utility. They want to impose laws written in the 1930’s on the most innovative and important technology of today and our future. They want to give the government the power to impose new rules, set new fees and require permission to innovate. We can build an open Internet without resorting to public utility regulation. The Federal Communications Commission can act responsibly to foster the continued growth of the Net and prevent anti-competitive activity, or it can capitulate to extremist voices who seek to force a result that would inflict major collateral damage on the Internet economy, and ironically, fail to serve the very ends they seek. Let’s not abandon the virtuous cycle that is helping build faster networks for one that promises greater government control and stalled investment. Let’s choose a future that embraces progress, not potholes.
benton.org/headlines/title-ii-net-disaster-not-net-neutrality | National Cable and Telecommunications Association
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COMMISSIONER O’RIELLY AT LINKIDAHO
[SOURCE: Federal Communications Commission, AUTHOR: FCC Commissioner Michael O’Rielly]
The current broadband rollout and availability has been an incredible success story. Nevertheless the [Federal Communications Commission] seems intent on changing course. Rather than upend years of progress, I have six recommendations to promote investment and innovation within the successful framework that exists today.
Stop Any Net Neutrality Rules
Remove Unnecessary Burdens
Complete the Reforms Already In the Works
Don’t Change Program Requirements Midstream
Don’t Duplicate Broadband Infrastructure
Establish and Stay Within a Clear Budget for Universal Service
benton.org/headlines/remarks-fcc-commissioner-orielly-linkidaho-2014-broadband-summit | Federal Communications Commission
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GAME OF GIGS
[SOURCE: Multichannel News, AUTHOR: Gary Arlen]
Gig.U singles out "Google Fiber" as "the prime force in driving" the increasing gig announcements from competitive providers. "Google's entry into the next generation broadband market is the single greatest input driving a number of competitive response," says a report from Gig.U. "If Google were to withdraw or even just indicate that it was not proceeding further, incumbents and others would likely slow down their own efforts and progress would likely stall." Gig.U’s Blair Levin interprets some recent gigabit efforts by cable and telecom giants as representing "a positive change in their perceptions of both the opportunity and the threat" by community groups and rival companies, such as Google. "A year ago ISPs such as Cox and Time Warner Cable were antagonistic toward gigabit upgrades," the report says. "They responded to gigabit initiatives with comments suggesting that upgrades were too expensive, and further, that they knew best what their customers wanted." "Now they are singing a different tune," says the report, pulling its punch by saying that this is not a criticism. "Rather they deserve credit for recognizing how the landscape has changed," especially "the "poplar demand for faster speeds." The report notes that Time Warner Cable plans to deploy "TWC Maxx" service in seven markets in 2015, delivering speeds up to six times faster than current facilities. "Though TWC won't be offering gigabit speeds, the significantly faster speeds will be a drastic improvement over current offerings," the report says. Gig.U was formed to help break that logjam. The results so far have been impressive, but the game is far from over. "We think the years 2015 and 2016 will prove decisive in achieving our goal," the report concludes, "but only if we, and others, spend this year with our foot on the accelerator."
benton.org/headlines/game-gigs-analysis-cites-cables-defensive-response-toward-top-speeds | Multichannel News | C-Net|News.com
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NETFLIX OK WITH MUNICIPAL BROADBAND
[SOURCE: The Hill, AUTHOR: Julian Hattem]
Netflix is declaring that cities and local governments should be allowed to build out their own Internet services. Netflix told the Federal Communications Commission that it should step in to block state laws in Tennessee and North Carolina that prevent cities from expanding their own services to compete with companies like Comcast or Cox. Cities “should not be hamstrung by state laws enacted at the urging of incumbent broadband providers seeking to maintain market dominance,” Netflix added. “When municipalities harness that technology to extend new opportunities to new communities, federal and state laws should encourage that initiative, or at the very least, get out of the way," it said.
benton.org/headlines/netflix-fcc-allow-government-owned-internet-services | Hill, The
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OPPOSITION TO MUNI BROADBAND
[SOURCE: IDG News Service, AUTHOR: Grant Gross]
The Federal Communications Commission should stay out of the way of states that have passed laws prohibiting or limiting city-funded broadband networks that compete with private services, several groups have told the agency. The FCC, considering whether to preempt laws in 20 states that restrict municipal broadband projects, should instead give private broadband providers incentives to better service communities, several representatives of broadband providers wrote in comments to the agency.
benton.org/headlines/industry-groups-fcc-shouldnt-overturn-state-laws-against-municipal-broadband | IDG News Service
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PRIVACY/SECURITY

SECRET LAW IS A THREAT TO DEMOCRACY
[SOURCE: The Hill, AUTHOR: Julian Hattem]
Four House Democrats have teamed up with privacy advocates to protest a “secret law” that they say authorizes spying on some Americans' emails and online messages. The lawmakers, organizations and former administration officials told the White House in a recent letter that the Obama Administration should declassify “all current and future legal opinions” or legal interpretations that permit spying under a controversial executive order. They also urged President Barack Obama to ban “disproportionate or unnecessary” collection of people’s messages, Internet chats and other communications. “Secret law is a threat to democracy,” Reps. John Conyers (D-MI), Alan Grayson (D-FL), Rush Holt (D-NJ) and Zoe Lofgren (D-CA) wrote in a letter joined by groups including the American Civil Liberties Union, Electronic Frontier Foundation and Access. “We will continue to work to build support for further privacy protections for all users in surveillance activities conducted under [Executive Order] 12333,” they added, referring to a contested order from the Reagan administration amended by former President George W. Bush. The letter was also sent to the Privacy and Civil Liberties Oversight Board, a small government watchdog panel.
benton.org/headlines/secret-law-threat-democracy-dems-warn-letter-president-obama | Hill, The | Multichannel News
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TIPPING POINT?
[SOURCE: Politico, AUTHOR: Todd Purdum]
The hacking of photos of Jennifer Lawrence and other celebrities is only the latest in a long and lurid line of violations of Hollywood privacy dating back to the earliest days of the movies. But legal experts say the breach is an especially troubling one, and the fact that the FBI and federal authorities are taking it seriously may be a sign of a tipping point in the endless war between stars and the bottom-feeding Internet trolls who make the tabloid press look tame. “What was done seems clearly illegal, and a clear invasion of privacy,” said Erwin Chemerinsky, a constitutional law professor at the University of California, Irvine. “If those responsible can be found, they could be criminally prosecuted and civilly sued for invasion of privacy. It is the unfortunate reality that there is no guarantee of privacy once something is put on the Cloud or anything else than can be hacked. But the conduct was illegal and tortious, if those responsible can be caught.”
benton.org/headlines/hollywood-hacking-scandal-may-be-tipping-point | Politico
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EDUCATION

CONNECTED COULD BE GAME CHANGER
[SOURCE: Brookings, AUTHOR: Joshua Bleiberg, Darrell West]
In the past, public-private partnerships have focused on providing schools with donated software and hardware. But these tools are useless if they are not incorporated into the curriculum. The hardest part of bringing America’s classrooms into the 21st century is not securing the necessary funding. The difficulty is developing strategies that empower teachers to improve their instruction. The focus from the ConnectED partners on training and Internet access suggest the program could help thousands of students enjoy the benefits of education technology.
benton.org/headlines/connected-could-be-game-changer-technology-schools | Brookings
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Daily Digest

Analysis

September 2014

Is it time to end media blackouts?

How misinformation goes viral: a Truthy story

September 3, 2014 (99 Percent of FCC Commenters Back Net Neutrality)

Cellphone regulations are a workable model for the Internet

Netflix to FCC: Allow government-owned Internet services

Industry groups: FCC shouldn't overturn state laws against municipal broadband

Hollywood hacking scandal may be tipping point

‘Next time it won’t be celebrity secrets,’ warns Sen Markey on privacy hack

5 Scary Truths Learned From Hollywood's Photo Hacking Scandal

Will Advertising Dollars Return to TV?