June 2015

Tech company finds stolen government log-ins all over Web

A CIA-backed technology company has found logins and passwords for 47 government agencies strewn across the Web -- available for hackers, spies and thieves. Recorded Future, a social media data mining firm backed by the CIA's venture capital arm, says in a report that login credentials for nearly every federal agency have been posted on open Internet sites for those who know where to look. According to the company, at least 12 agencies don't require authentication beyond passwords to access their networks, so those agencies are vulnerable to espionage and cyberattacks. The company says logins and passwords were found connected with the departments of Defense, Justice, Treasury and Energy, as well as the CIA and the Director of National Intelligence.

Remarks of FCC Chairman Wheeler at The Brookings Institution

It's pedal to the metal on broadband policy -- for both consumers and competitors. My message today is simple: the job of the Federal Communications Commission is to exercise its authority with both discretion and determination so that technology, competition, investment and consumer empowerment are able to work together to reach our nation's broadband goals. Broadband is the most powerful and pervasive network in the history of the planet. Suggestions that it be without fully effective oversight are unthinkable. But the kinds of oversight designated by the Open Internet order are a new regulatory model designed for new network times. I keep describing this oversight as a "referee on the field who can throw the flag."

As we push onward into the broadband future, our challenge continues to be assuring that the preconditions for broadband ignition are as widespread as possible. The best tools for accomplishing that are competition and consumer demand. So let's be clear. We're not going to let up on protecting and promoting broadband competition. And, finally, let's be clear. We should not and will not let up on our policies that make broadband more available. Converting universal service programs from their narrowband origins to broadband is amount our most important initiatives.

How States Are Fighting to Keep Towns From Offering Their Own Broadband

The attorneys general in North Carolina and Tennessee have recently filed lawsuits in an attempt to overrule the Federal Communications Commission and block towns in these states from expanding publicly funded Internet service. North Carolina’s attorney general argued in a suit filed in May that the “FCC unlawfully inserted itself between the State and the State’s political subdivisions.” Tennessee’s attorney general filed a similar suit in March. Tennessee has hired one of the country’s largest telecommunications lobbying and law firms, Wiley Rein, to represent the state in its suit. The firm, founded by a former FCC Chairman, has represented AT&T, Verizon and Qwest, among others.

James Tierney, director of the National State Attorneys General Program at Columbia Law School, said it is not unusual for attorneys general to seek outside counsel for specialized cases that they view as a priority. Asked about the suit, the Tennessee attorney general’s office said, “This is a question of the state’s sovereign ability to define the role of its local governmental units.” North Carolina Attorney General’s office said in a statement that the “legal defense of state laws by the Attorney General’s office is a statutory requirement.”

Battle Cry of New Hampshire: No Fiber, No Votes

[Commentary] In the months to come, we may have upwards of 20 men and women, accompanied by zillions of staff and supporters, tromping around the great state of New Hampshire, making significant eye contact and asking for votes in preparation for the February 9 primary. And they will all have the same problem: They won’t be able to communicate. I don’t mean that they won’t be able to go to town halls and shake hands; there will be plenty of that. But their staffs will often find it incredibly frustrating to send around the large digital files  --  say, pictures, or video, or that killer PowerPoint presentation mapping county-by-county strategy  --  that are essential to any campaign. Why? Because New Hampshire, our nation’s 42nd most populous state, has lousy connectivity.

The FCC defines high-speed Internet access to be 25 Mbps down/3 Mbps up these days, and more than a third of the rural population in New Hampshire (most of which votes Republican, by the way) can’t buy that kind of connection at any price. Fewer than one out of every six urban New Hampshire residents can buy that connection even if they want it: the wire just doesn’t exist in their town. So here’s a plea to the flinty people of New Hampshire: Don’t let those candidates leave the town meeting hall until they explain how they will open up your homes  -- and that of your rural brethren across the nation  --  to the 21st Century. We need a plan, and it will have to come from the top in order to work.

[Susan Crawford is co-director of the Berkman Center for Internet & Society at Harvard University]

Middle mile, dark fiber networks are needed to drive more rural broadband

Whether it's the broadband stimulus program or the Connect America Fund, there has been no shortage of efforts in recent years to drive broadband into rural areas. However, a growing number of service providers say that there should be more focus on providing middle mile fiber-based networks that can backhaul traffic and connect with major Internet peering points. Speaking during the JSA Telecom Exchange event, a group of panelists that operate in rural areas agreed that new government programs should mandate that applicants build out dark fiber networks where they sell wholesale to other service providers.

One of the key challenges any service provider has is making a business case to serve a rural market because the return on investment is harder to justify because there aren't as many customers to address than it is in a major metro area. Peter Aquino, chairman, president and CEO of Broad Valley Micro Fiber Networks, said that in order to effectively make a business case to invest in bringing fiber to rural markets, service providers need a three-pronged approach that includes: an anchor tenant, customer demand, and some way to supplement the business case with government programs. These programs could include the USDA's Community Connect grants and the FCC's Connect America Fund I and II.

T-Mobile Should Stop Complaining and Start Investing in Rural America

[Commentary] T-Mobile filed a petition to deny a spectrum acquisition by AT&T in three rural cellular market areas (CMAs) in West Virginia, Kentucky and Ohio. The purchase will give AT&T the needed spectrum footprint to deploy up to a 10×10 MHz LTE network in these markets, which will enable AT&T to offer faster and higher quality services to its rural customers. The proposed transaction also has no adverse competitive effects. AT&T will not exceed the Federal Communications Commission’s spectrum aggregation screen and -- because the spectrum at issue currently sits completely fallow and unused -- the deal will not reduce any actual competition. Yet, T-Mobile complains, arguing that AT&T should not be permitted to buy and deploy this fallow spectrum and that AT&T should not be allowed to invest in these rural communities to deploy high quality LTE services. Instead it is spending resources on trying to block AT&T from investing in rural America. I guess un-investment in un-urban markets is the un-carrier thing to do.

T-Mobile: Throttling policy for unlimited customers who hit 21 GB is OK under net neutrality

T-Mobile US said its network management policy of throttling the speeds of smartphone customers on its unlimited LTE plans once they hit 21 GB of data usage in a month and are on congested cell sites is permitted under the Federal Communications Commission's network neutrality rules. "We love anything that puts consumers first," T-Mobile said. "Supporting a free and open Internet is no exception. We adhere to net neutrality rules which ban throttling on the basis of content, applications, services or non-harmful devices while allowing for reasonable network management and customer choice."

T-Mobile recently updated its disclosures about when customers on unlimited plans might see slower speeds. "Unlimited 4G LTE customers who use more than 21 GB of data in a bill cycle will have their data usage de-prioritized compared to other customers for that bill cycle at locations and times when competing network demands occur, resulting in relatively slower speeds," is the new fine print on T-Mobile's website for its plans.

Here’s How Charter Will Commit to an Open Internet

[Commentary] Today, we have another merger, which means another network neutrality condition on offer. Charter, a relatively small cable company, is buying the second-largest provider, Time Warner Cable, and an affiliated company called Bright House Networks. Charter’s merger sales pitch is pretty straight-forward: it argues that it has always been too small to bully Internet companies, TV makers, and its own customers, so it has“un-cable” practices they hope to extend. The slowest speed the company usually offers is 60 Mbits, which is great for online TV, and Charter has no data caps, usage-based charges, or modem-rental fees. Charter also posts a laudable no-cost interconnection policy for Internet backbone companies, and Charter has never been accused of any network-neutrality violations.

Still, we must “trust, but verify.” We need to ensure that Charter will not lose its way after taking over Time Warner and becoming four times larger. That’s where merger commitments come in. In its legal application filed with the FCC, Charter makes its case that the merger will benefit the public, and offers several legally enforceable commitments. The FCC will review the application, along with the initial commitments made, likely for the next six months, with input from the public. Charter hired me -- which, to be honest, took some humility on its part since I have helped lead public campaigns against cable companies like Charter -- to advise it in crafting its commitment to network neutrality. After our negotiation, I can say Charter is offering the strongest network neutrality commitments ever offered -- in any merger or, to my knowledge, in any nation.

[Marvin Ammori is a Senior Fellow at the Democracy Fund and advises many clients supporting net neutrality.]

A ‘Political Miracle’: What We Learned from the Net Neutrality and Comcast Fights

[Commentary] Over the past few months we’ve been thinking about everything we learned in the fights over the fate of the Internet. Many of these lessons will be useful to other movements confronting deep-pocketed foes  --  and overwhelming odds. Here are our biggest takeaways:

People power is real. Too often the story that gets told is about powerful players brokering deals behind the scenes. But the powerful players in these fights were everyday people.
Collaborative coalitions heighten impact. No single organization or individual can do it all. By working with groups whose missions range from saving the environment to promoting small businesses, we were able to pool our resources and rely on each other’s strengths.
Racial diversity matters. We couldn’t have won either of these fights without the work of both new and longstanding civil rights groups like 18 Million Rising, the Center for Media Justice, ColorOfChange.org, the Media Mobilizing Project, the National Hispanic Media Coalition and Presente.org.
Stick to your principles. We were careful to stake out clear positions and stand our ground from the very beginning.
Target the people who can give you what you want. Institutions don’t make decisions  --  people do. Activists needed to know that the people with the power to protect the Internet were at the Federal Communications Commission, and that the most powerful person there was Chairman Wheeler.
Build with champions. Years of working alongside key leaders like Sens Al Franken (D-MN), Angus King (I-ME) and Ed Markey (D-MA) as well as Reps. Anna Eshoo (D-CA) and Keith Ellison (D-MN) meant they had the facts they needed to advocate for Net Neutrality.
Do your research. People in the halls of power need political cover and grassroots support to stick their necks out for a given cause.
Don’t be too serious. Camp out. Have dance parties. Bring along a giant Jumbotron. Wear costumes and cover the FCC’s front lawn with cats.
Exploit the public’s distaste for your enemies.
Independence is important. Independence from business, government and political parties can help groups challenge big companies and elected officials.

The Internet is a powerful constituency  --  and we’re just getting started. Support for the open Internet is overwhelming and ranges across the political spectrum.

[Candace Clement is Internet Campaign Director, and Mary Alice Crim is Field Director, for Free Press]

Why accountability and transparency need to be ICANN’s number one priority

[Commentary] This week’s 53rd public meeting of the Internet Corporation for Assigned Names and Numbers (ICANN) has been focused on the review of the accumulation of months of work on two different paths that are crossing over each other in the ICANN world: the transition of the IANA functions and the effort to improve ICANN accountability and transparency. The accountability issue deserves most of our attention, as it will have implications for how (and whether) the transition issue will be resolved. The decisions being discussed at ICANN impact all of us because they will have a profound impact on the underpinnings of the global economy, which depend on networks functioning effectively and efficiently without fear of capture, corruption, or lack of compliance with the agreed-upon rules.

Internet governance brings with it a natural set of challenges and implications for freedom of expression, privacy, trade, cyber security, and even the nature of sovereignty in a globally-connected world. ICANN needs to be a place of trust and transparency where the world can see that all decisions are made out in the open by all of the stakeholders who play important roles in managing the global networks that comprise the Internet.

[Shane Tews is the Chief Policy Officer at 463 Communications]