May 2015

NSA reformers rule out short-term deal

Lawmakers behind a surveillance reform bill that sailed through the House are making it clear they won’t accept a short-term deal to accommodate Senate leaders. A bipartisan and bicameral group of lawmakers rejected any potential for a short-term deal to renew controversial National Security Agency programs for just a few weeks or months while GOP leaders in the Senate come up with new legislation.

“The Senate should not delay reform again [in 2015],” Reps Bob Goodlatte (R-VA), John Conyers (D-MI), Jim Sensenbrenner (R-WI), Jerrold Nadler (D-NY) and Sens Patrick Leahy (D-VT) and Mike Lee (R-UT) said in a joint statement the day after the House overwhelmingly passed the USA Freedom Act. “The USA Freedom Act is a carefully crafted compromise that has the support of the intelligence community, technology industry and privacy groups,” they added. “For this reason, we will not agree to any extension of the NSA’s bulk collection program, which has already been ruled unlawful by the Second Circuit Court of Appeals.” That sentiment was echoed by Speaker John Boehner (R-OH). “The House has acted to make sure that the administration has the tools to keep Americans safe,” he told reporters. “It’s time for the Senate to act.”

FBI clarifies rules on secretive cellphone-tracking devices

In a handful of criminal cases around the country, local police officers have testified in recent months that non-disclosure agreements with the FBI forbid them from acknowledging the use of secret cellphone-tracking devices. In some, prosecutors have settled cases rather than risk revealing sensitive details about use of the devices in court proceedings. The FBI, however, says such agreements do not prevent police from disclosing that they used the equipment, often called a StingRay. And only as a “last resort” would the FBI require state and local law enforcement to drop criminal cases rather than sharing details of the devices’ use and “compromising the future use of the technique.” To date, the bureau hasn’t invoked that provision, FBI spokesman Christopher Allen said. The disclosure sheds new light on the bureau’s policy on the controversial technology following months of reports about the growing use of the devices by state and local police without the express approval of judges. It also comes as the Justice Department is finalizing a review of federal law enforcement agencies’ use of the devices.

Companies want net neutrality as part of AT&T merger

Companies like Dish and Cogent Communications want AT&T to follow network neutrality rules as a condition of its proposed merger with DirecTV, regardless of whether the new regulations are struck down in court. The companies, as well as a trio of public interest groups, outlined a host of conditions they want imposed on the proposed $48 billion AT&T deal in meetings with Federal Communications Commission staff, according to recently published disclosure filings. The groups -- including Free Press, Public Knowledge and New America's Open Technology Institute -- asked that AT&T adhere to the new net neutrality framework for seven years after the deal goes through. That would be a tough sell for AT&T, which has fiercely opposed the new rules, and has filed a stand-alone lawsuit against them.

The company, along with half a dozen other groups, has also asked the courts to delay the rules until there's a final decision on their legality. The net neutrality request was cited in a single paragraph at the end of an eight-page filing. The groups spent the majority of the filing asking for conditions on interconnection deals and requesting that AT&T be forced to offer stand-alone Internet service. To reduce the incentive for harm, the groups want AT&T to offer stand-alone Internet service for a reasonable price and to advertise it prominently in their promotional and advertising material, rather than just pushing its bundled deals. They also demanded that AT&T not exempt any of its own video service from its data caps. The groups also asked for specific interconnection terms, limiting the charges AT&T can impose and requiring that it relieve congestion when Internet traffic backs up. Netflix has also asked for the FCC to impose interconnection conditions if the merger goes through.

Why net neutrality rules have angered some small Internet providers

Large Internet service providers are roaring mad about new network neutrality rules and the reclassification of broadband as a common carrier service. Reaction among small ISPs is more diverse, but some of them say they will be saddled with legal costs so high that it will prevent them from upgrading equipment that provides Internet service to small towns and rural areas. Six members of the Wireless Internet Service Providers Association made these claims in declarations that accompanied a petition seeking to overturn the Federal Communications Commission decision. The declarations appear to be coordinated as they all contain similar language, but each ISP also has unique circumstances. The specific legal concerns raised by some small ISPs may or may not be real dangers. But at the very least, their worries show that the FCC could do a better job of communicating the real-world impact of the new rules, particularly if small companies pay lawyers for services that aren’t necessary.

For example, one president of a small ISP wondered if he is no longer allowed to disconnect customers who haven’t paid their bills since broadband is now considered a “utility” or if customers could file complaints if he can’t provide service to a particular home due to wireless signals being blocked by trees and hills. The small ISP president said he has no problem adhering to the basic net neutrality prohibitions on blocking, throttling, and paid prioritization, but he said, “We will need to pay lawyers to go through our customer agreements… can we require that disputes first be settled by arbitration or that we have 30 days to resolve it outside of court? We're going to have to spend a bunch of money on lawyers to determine that to try to minimize our exposure. Maybe all these things are in our imagination, but that’s what we'll have to pay lawyers to tell us.”

The Dawn of Broadband TV is Here

[Commentary] We are witnessing some profound changes in the video business these days. Broadband has now enabled some very distinct shifts in the delivery of video. It’s led to the emergence of a new model for video and entertainment -- broadband TV -- where an increasing amount of A-list content and, some will argue, a better user experience, is now delivered over broadband. No expensive headend required. Broadband carriers are now in a position to take a fresh look at the TV business. And traditional pay-TV providers are now in a position to refine their product. Indeed broadband is changing the TV business, probably more quickly than first imagined. Traditional pay-TV providers are openly embracing over-the-top (OTT) delivery. DISH has even launched a ‘competing’ OTT service in Sling TV. A slew of cable companies have integrated Netflix into their channel line-up. Hulu just joined that party too. Many broadband service providers have launched broadband TV apps on Roku devices, featuring local broadcast channels and other local content. Legacy media companies like HBO and CBS are now streaming live and on-demand content over the Internet.

It’s all in response to shifting market factors. Those factors are many in number but they include: customers cutting or shaving the cord to save money; customers wanting a better experience in terms of how, where, and when they consume content; broadband service providers looking for ways to monetize the exploding amount of video traffic on their networks; and video service providers looking for ways to improve their margins and build a better business for the delivery of video.

CTIA’s Baker: No Long term Spectrum Plan

The future is closer than many think and just wait until the remaining third of Americans start using smartphones...We need infrastructure, we need standards and technologies, and most importantly, we need spectrum. Mobile broadband demand cannot be met by improved spectral efficiency alone, more towers and more wireless infrastructure can never be enough, and AWS-3 and the incentive auction will not suffice. To continue to provide the services consumers demand, we will need substantially more licensed and unlicensed spectrum. We need a renewed discussion on where the next bands of airwaves will come from to ensure our future connected life is realized. We just had AWS-3, and the broadcast incentive auction looms ahead of us. And after that, right now, we don't know what's next. We have no plan beyond 2020 to accommodate mobile growth, and the closer we get, the more daunting the time line looks. Because spectrum policy is a long game, we need to start planning today. Just months after AWS-3, it may seem strange to be here, saying we have to start again. But we do.

Verizon Rural LTE Program Now Reaches 2.5 Million People

It’s hard to believe it’s been five years since we first heard about Verizon’s LTE in Rural America program, which gives small rural network operators the ability to build out Verizon spectrum in areas where Verizon is not doing a build-out. Verizon celebrates the five-year anniversary by sharing program accomplishments, including reaching 2.5 million people. The Verizon rural LTE program was a pet project for Verizon chief Lowell McAdam, who announced the project in May 2010. Not surprisingly the project quickly gained support, as a key benefit was the ability to use virtually the same devices that manufacturers were creating for Verizon. In contrast, rural operators with spectrum holdings in bands not used by one of the large national carriers had considerable difficulty getting manufacturers to build devices for them.

Sprint Follows Verizon’s Lead: Since Verizon launched LRA, Sprint also has launched a program to enable rural network operators to build out Sprint spectrum. The details are somewhat different, as the program is administered by the NetAmerica Alliance, in cooperation with the Competitive Carriers Association. But as with LRA, the Sprint program enables rural network operators to build out Sprint spectrum, gain technical support and use virtually the same devices that Sprint uses.

Political polarization on Facebook

[Commentary] Data scientists at Facebook recently published their research on how people consume political news on the social network. The study is noteworthy because the researchers had direct access to Facebook’s own data. It examines the factors that influence the likelihood that liberals or conservatives will click on news articles that are cross-cutting or those that run counter to their beliefs. Many Americans get a significant portion of their news from Facebook and in effect the social network is the largest news platform in the US.

The study shows how the makeup of our social networks, the Facebook News feed algorithm, and individual user choice all influence the content people consume. Facebook has tweaked the News feed algorithm for a variety of reasons. The company could leverage the popularity of their network to help mitigate the impact of political polarization. The website could change the algorithm to rank cross-cutting news stories highly. It could also include cross cutting links in the trending section of the website. Facebook is not just a social network. It’s the platform that millions of people use to learn about current events. Taking small steps to help combat political polarization in the long run will add to the trust that users have in Facebook.

GAO Report Bolsters Need for Lifeline Broadband Expansion

Free Press Intervenes to Defend Net Neutrality Rules in Court

Free Press filed to intervene in the industry-backed court case challenging the Federal Communications Commission’s Network Neutrality rules. The motion to intervene filed in the US Court of Appeals for the DC Circuit states Free Press' intention to defend the FCC’s landmark Feb. 26 vote to reclassify broadband as a Title II service under the Communications Act. Since the February ruling, 10 Internet service providers, trade groups and other litigants have filed lawsuits challenging the FCC’s decision. May 13th also saw ISPs filing a joint motion for a stay of the reclassification decision and key parts of the Net Neutrality rules. Free Press policy director Matt Wood said, "Free Press will fight the spurious and unsubstantiated claims of the phone and cable companies and uphold the FCC’s decision to root open Internet protections in established law. This fight includes opposing the industry attempt to get the court to delay the implementation of these fundamental safeguards for Internet users."

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