September 2015

What the FCC can learn from the Volkswagen scandal

[Commentary] First things first: Volkswagen did something bad. They did something really bad. They lied to consumers. But it’s in this standardization that we find the problem. Like most government agencies, the EPA simply assumed that people would comply with its rules and standards by virtue of it – the agency – deeming it so. The reason the EPA didn’t discover this fraud on its own wasn’t lack of resources. It was lack of imagination: it couldn’t imagine that a company would break the rules, and it couldn’t imagine the obvious ways in which a company that did want to break the rules could go about doing so. VW’s fraud was made possible by the EPA interfering with the market.

Let’s end by noting the common theme between this, communications policy, and the use of technology in education. In each of these contexts, the fundamental problem is one of regulatory humility, not regulatory intent. In each case, the regulators proceed based on assumptions and their view of how the world should work. Hopefully we in the communications and technology sectors can learn from the mistakes of our peers in the environment sector.

[Gus Hurwitz is an assistant professor at the University of Nebraska College of Law]

Weekly Digest

Robbie's Round-Up (September 21-25, 2015)

You’re reading the Benton Foundation’s Weekly Round-up, a recap of the biggest (or most overlooked) telecommunications stories of the week. The round-up is delivered via e-mail each Friday; to get your own copy, subscribe at www.benton.org/user/register

Robbie’s Round-Up
Week of September 21-25, 2015

Roundin' Up The Week's Top Telecommunications and Media Policy Stories

September 25, 2015 (Digital Learning Equity Act)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for FRIDAY, SEPTEMBER 25, 2015

A busy day in wonkland https://www.benton.org/calendar/2015-09-25

INTERNET/BROADBAND/TELECOMMUNICATIONS
    Improving Data Collection, Analysis and Research on Broadband
   FCC Pricing Rules on Internet Lines Spark Industry Protest
   Connect America Phase 2 Funding in Minnesota: a blessing and a curse - analysis [links to web]
   Verizon says CWA created a false impression of the state of its copper network
   Companies Fined $1.4 Million for Failing to Accept 911 Calls for Americans Who are Hard of Hearing - FCC press release [links to web]
   This is the First Detailed Public Map of the US Internet Infrastructure [links to web]

CHINA-U.S.
   China’s President Courts US CEOs
   China should be a Silicon Valley obsession [links to web]
   Microsoft Forms New Partnerships in China; Alliances with politically connected companies are meant to open doors [links to web]

EDUCATION
   Digital equity bill targets ‘homework gap’
   Why 'homework gap' may pave way for universal Internet access in schools
   Coding for kids makes sense — but it’s going to take more than just classrooms to make it work [links to web]

JOURNALISM
   Breaking Down The Millennial Generation: A typology of young news consumers - American Press Institute research [links to web]
   ThinkProgress to Unionize With Writers Guild of America [links to web]
   The benefits of collaborating with ethnic media [links to web]
   Numerous digital experiments and reinventions among Detroit’s leading media [links to web]

TV/RADIO
   FCC Commissioner O'Rielly Drafts a Pirate Radio Policy and Enforcement Statement [links to web]
   FCC Media Bureau Chief: The Time Has Come to End Outdated Broadcasting Exclusivity Rules [links to web]
   Hollywood Adjusts Netflix Strategy as Cord-Cutting Fears Grow [links to web]
   Senate Commerce Postpones Sept 30 Future of Video Hearing [links to web]
   VideoPulse, a New Measurement Tool, Shows Millennials Are Watching as Much TV as Ever [links to web]

ELECTION 2016
   What’s John Ellis Bush got against net neutrality, anyway? - analysis
   Donald Trump, Roger Ailes to meet and discuss 'differences of opinion' [links to web]
   Republican ‘Super PACs’ Turn to TV Ads for High-Stakes Primaries [links to web]
   Bernard Sanders Would Be The Big Winner In New Public-Funding Model [links to web]

GOVERNMENT & COMMUNICATIONS
   Postal Service Failed to Protect Personal Data in Mail Surveillance, Report Says [links to web]
   This man was arrested for anti-police Facebook posts. Then, he sued. [links to web]
   Hillary Clinton Email Inquiry Weighs if Aides Erred at ‘Send’ [links to web]

WIRELESS
   Silicon Valley Builds Data-Sharing Network to Mitigate Threats During Super Bowl 50 [links to web]
   Apps Eat Digital Media Time, With Top 3 Capturing 80 Percent [links to web]
   OpenSignal reports that US is falling behind the world on LTE speeds [links to web]
   T-Mobile offers iPhone 6s for as low as $5/month in device payments if customers trade in an iPhone 6 [links to web]
   FreedomPop offers $18/month plan for iPhone customers, will start selling financed iPhones [links to web]

PRIVACY
   Forcing suspects to reveal phone passwords is unconstitutional, court says [links to web]
   International Association of Privacy Professionals-EY Annual Privacy Governance Report 2015 - press release

SECURITY
   Justice Department: Still no proof Verizon Wireless in NSA surveillance program [links to web]
   BitSight Technologies says Federal Cybersecurity Second Only to Finance Industry [links to web]

ADVERTISING
   The Real Battle Over Ad-Blocking Is Between Big Tech and Independent Media - op-ed
   How Much of Your Audience Is Fake? [links to web]

DIVERSITY
   In Q&A, Viola Davis Speaks About Her Emmy, Diversity and Women on TV [links to web]
   LA Times Editorial asks, Viola Davis challenges Hollywood, but it is already responding? [links to web]

POLICYMAKERS
   Stephanie Weiner Named FCC Chairman Wheeler’s New Senior Legal Advisor - press release [links to web]
   FCC Commissioner O’Rielly’s Remarks at Spotsylvania Town Hall - speech [links to web]
   Internet group nabs Issa aide [links to web]

COMPANY NEWS
   France’s Altice Group Has Aggressive Plan for Cablevision [links to web]
   Sight, Sound and Motion Makes the Contents of Videos as Searchable as text [links to web]
   Pandora says it paid almost $500 million to artists in last year [links to web]
   In The Hill op-ed, Thomas Lenard argues LightSquared is no Solyndra [links to web]
   Apple is refunding all purchases of ad-blocking app Peace [links to web]

TRANS-PACIFIC PARTNERSHIP
   Summary of US Objectives in the Trans-Pacific Partnership -- E-Commerce and Telecommunications [links to web]
   How the Trans-Pacific Partnership Jeopardizes Fair Use - Public Knowledge [links to web]

STORIES FROM ABROAD
   UN Report: Urgent action needed to combat online violence against women & girls - press release
   Facebook’s Free Internet Access Program in Developing Countries Provokes Backlash
   Consultant desperately tries to preserve EU’s broadband status quo - AEI/ Richard Bennett op-ed [links to web]
   Russia’s Plan to Crack Tor Crumbles [links to web]
   Europe isn’t creating any Googles or Facebooks because it lacks the risk-taking culture and financial networks needed to grow Internet startups [links to web]
   Thai Printing Company Refuses To Issue 'New York Times' because of story about the country’s future and its king's health [links to web]

MORE ONLINE
   "Silicon Valley" is moving farther and farther from Silicon Valley [links to web]
   One big reason Congress ignores the poor: they don't vote [links to web]
   The growing conservative case for strengthening Congress [links to web]
   Secretary Pritzker Outlines America’s Innovation Agenda at MIT [links to web]
   The rise of the chief information officer [links to web]

back to top

INTERNET/BROADBAND/TELECOMMUNICATIONS

FCC PRICING RULES ON INTERNET LINES SPARK INDUSTRY PROTEST
[SOURCE: Morning Consult, AUTHOR: Amir Nasr]
Lobbyists for major phone and Internet providers are telling the Federal Communications Commission that its proposal to curtail the price of high-grade network lines will temper large companies’ willingness to invest. In August, the agency voted 3-2 along party lines for a proposal to regulate telecommunications companies’ transition from old copper lines to higher quality fiber lines. The proposed rules would obligate companies with existing fiber facilities -- generally legacy companies like Verizon or AT&T -- to sell replacement fiber services to their copper-using competitors at regulated rates. The regulations are aimed at keeping prices from going too high. But some argue that they could negatively impact how, or even if, bigger companies invest in their own networks. “The mere consideration of these and other new regulations has decelerated investment,” said Bruce Mehlman, co-chairman at the Internet Innovation Alliance, an advocacy group for broadband issues. “We’ve seen a deceleration of investments because of regulations.” The FCC’s price restrictions on fiber sales would be temporary, according to the proposed rule. They would only be in effect until the FCC finishes its broader assessment of price regulations on telephone and Internet lines. The FCC has been analyzing the market to see whether regulators need to impose new regulations to allow smaller providers to compete on a level playing field.
benton.org/headlines/fcc-pricing-rules-internet-lines-spark-industry-protest | Morning Consult
Share: Twitter | Facebook
back to top


VERIZON SAYS CWA CREATED A FALSE IMPRESSION OF THE STATE OF ITS COPPER NETWORK
[SOURCE: Fierce, AUTHOR: Sean Buckley]
Verizon has fired back at the Communications Workers of America's (CWA) claims that it has turned its back on its existing copper networks in its wireline region. In a Federal Communications Commission filing, Verizon said that the CWA misinterpreted a statement it made in a July letter to the FCC about how much it invests on its copper network. "As we explained in that letter, Verizon takes reasonable steps to ensure its copper network remains healthy and, contrary to CWA's suggestions, has not engaged in widespread 'de facto' retirement of copper," Verizon said. "As part of that discussion, we wrote that Verizon since 2008 has spent more than $200 million on its copper network. CWA has seized on that comment, taken it out of context, and tried to use it to create the false impression that this was all of the money that Verizon has spent to keep copper in service." Verizon contends that the "more than $200 million" it referenced does not relate to all of the capital dollars the company has made in maintaining its copper network.
benton.org/headlines/verizon-says-cwa-created-false-impression-state-its-copper-network | Fierce
Share: Twitter | Facebook
back to top

CHINA-U.S.

CHINA'S PRESIDENT COURT US CEOS
[SOURCE: Wall Street Journal, AUTHOR: Shira Ovide, Jeremy Page]
Chinese President Xi Jinping’s first state visit to the US set off a tug of war between optimism about commercial relations between the US and China and fear that China isn’t doing enough to open its doors to foreign companies or combat cybercrime. In front of some of the top executives of both countries -- including Apple's Tim Cook and Amazon's Jeff Bezos -- Presdient Xi and other Chinese officials continued their push to highlight the scope of business opportunities in China. President Xi also pledged to address US concerns that China isn’t moving fast enough to ease restrictions on foreign investment, while playing down tensions in other areas ahead of his summit with President Barack Obama on Sept 25. “China will open up still wider to the outside world. Without reform there will be no driving force,” President Xi said. American business executives and Obama Administration officials expressed doubts about President Xi’s commitment.
benton.org/headlines/chinas-president-courts-us-ceos | Wall Street Journal
Share: Twitter | Facebook
back to top

EDUCATION

DIGITAL EQUITY BILL TARGETS 'HOMEWORK GAP'
[SOURCE: eSchool News, AUTHOR: Laura Devaney]
New legislation introduced in Congress would support “innovative strategies and methods to increase out-of-school access to digital learning resources” in an effort to boost both student and educator engagement. The Digital Learning Equity Act of 2015, introduced by Rep Peter Welch (D-VT) and co-sponsored by Rep David McKinley (R-WV), would call for a national study on what is known as the “Homework Gap” and would support pilot programs to extend digital learning opportunities for students when they are not in the classroom. The proposed legislation received support across the ed-tech industry after it was announced. In a joint letter to legislators, the National School Boards Association, along with a number of other education and ed-tech groups, said the bill will “help provide students and their families with equitable access to the Internet at home to support family engagement in their child’s education and will allow students to accomplish essential tasks such as completing their homework, applying for colleges and seeking post-graduation employment.”
benton.org/headlines/digital-equity-bill-targets-homework-gap | eSchool News
Share: Twitter | Facebook
back to top


RESPONDING TO THE HOMEWORK GAP
[SOURCE: Christian Science Monitor, AUTHOR: Max Lewontin]
As schools increasingly use online resources and other technology in the classroom, the burden for students without high-speed Internet access at home is particularly intense, often leaving them unable to complete the required assignments. Known as the “homework gap,” the issue has been drawing particular attention from federal regulators, with Federal Communications Commissioner Jessica Rosenworcel calling it “the cruelest part of the digital divide.” “When you bring technology into the classroom, you can do the lessons in the classroom, but to the extent that students become familiar with the material -- it has to be done outside of school,” says Deven Carlson, a political science professor at the University of Oklahoma. Now, Congress has stepped in, with two lawmakers introducing a bill that would call for a national study on the issue, which has a particularly large scale impact on low-income and black and Hispanic students. Prof. Carlson says a push for universal broadband access – which has been a long term priority for the Obama Administration – could have a large scale impact on how teachers are able to interact with students, as well as how they prepare for college and careers increasingly reliant on digital technology.
benton.org/headlines/why-homework-gap-may-pave-way-universal-internet-access-schools | Christian Science Monitor
Share: Twitter | Facebook
back to top

ELECTION 2016

WHAT'S BUSH GOT AGAINST NET NEUTRALITY, ANYWAY?
[SOURCE: Quartz, AUTHOR: Tim Fernholz]
[Commentary] John Ellis Bush, the former Florida governor contending for the Republican presidential nomination, says he’d repeal a raft of government rules on taking office. In particular, Bush says network neutrality is a bad idea. His opposition comes couched in the language used by cable companies that oppose net neutrality: He argues that the rules will kill investment in the industry, noting that two tiny broadband companies have “declared under penalty of perjury” they must cut back under the rule. Presidential politics has turned an argument over market structure between competing business interests -- reductively, those that build and maintain the internet’s physical infrastructure, and those that make the software that runs on that infrastructure -- into a fight between the political parties, with Democrats backing the net neutrality rules. When Jeb Bush argues that all of President Barack Obama’s rules “cost” Americans $1.9 trillion a year, it’s worth remembering that the number under his brother’s administration was $1.75 trillion -- and that the oft-questioned estimate he relies on doesn’t even attempt to take into account any of the benefits of regulation. The Office of Management and Budget’s latest estimate of the net benefit of regulations passed during the Obama Administration is $200 billion.
benton.org/headlines/whats-jeb-bush-got-against-net-neutrality-anyway | Quartz
Share: Twitter | Facebook
back to top

PRIVACY

IAPP-EY ANNUAL PRIVACY GOVERNANCE REPORT 2015
[SOURCE: International Association of Privacy Professionals, AUTHOR: Press release]
The International Association of Privacy Professionals (IAPP) and EY endeavored to survey a broad spectrum of organizations across the globe to document the stage of privacy governance. They found that privacy professionals earn well, are trained in law, business and technology, influence a broad swath of departments across their organizations and are increasingly part of strategic management teams. At the same time, privacy programs clamor for additional resources and seek more sophisticated and efficient technological tools to monitor, manage and protect data flows in their organizations.The data, via nearly 800 completed surveys, reveal several important trends, including that government programs report low budgets and staff shortages and a focus on compliance and prevention of data loss. Government privacy officers regularly deploy privacy impact assessments and interact with records management departments.
benton.org/headlines/international-association-privacy-professionals-ey-annual-privacy-governance-report-2015 | International Association of Privacy Professionals | IAPP-EY Report
Share: Twitter | Facebook
back to top

ADVERTISING

THE REAL BATTLE OVER AD-BLOCKING IS BETWEEN BIG TECH AND INDEPENDENT MEDIA
[SOURCE: Huffington Post, AUTHOR: Dan Kennedy]
[Commentary] The stakes in the raging battle over ad-blocking software are high -- but they're not quite what you might think. Essentially, it comes down to this: publishers that rely on web advertising are helping to drive revenue to Apple's archenemy, Google, which controls much of the infrastructure for online ads. Block those ads and those publishers are more likely to run into the warm embrace of Apple, whose new Apple News platform provides a nice, safe, closed environment with ads that can't be blocked. And Apple gets a 30 percent cut. So why not come up with a different kind of blocker -- a piece of software that informs you when you're about to access a website that fails to follow some agreed-upon list of best practices regarding privacy and user experience? Such an arrangement may be the best way to preserve independent media on the open web. Users would be able to protect themselves from abusive adware without freeloading. And web publishers who see their traffic drop might decide it's time to change their ways.
[Dan Kennedy is an associate professor in the School of Journalism at Northeastern University]
benton.org/headlines/real-battle-over-ad-blocking-between-big-tech-and-independent-media | Huffington Post
Share: Twitter | Facebook
back to top

STORIES FROM ABROAD

UN REPORT: URGENT ACTION NEEDED TO COMBAT ONLINE VIOLENCE AGAINST WOMEN & GIRLS
[SOURCE: International Telecommunication Union, AUTHOR: Press release]
A new report released by the United Nations Broadband Commission reveals that almost three quarters of women online have been exposed to some form of cyber violence, and urges governments and industry to work harder and more effectively together to better protect the growing number of women and girls who are victims of online threats and harassment. The report notes that despite the rapidly growing number of women experiencing online violence, only 26 percent of law enforcement agencies in the 86 countries surveyed are taking appropriate action. Entitled ‘Combatting Online Violence Against Women & Girls: A Worldwide Wake-Up Call’, the report was released at an event at United Nations Headquarters in New York by the Commission’s Working Group on Gender, which is co-Chaired by UNDP Administrator, Helen Clark, and UN Under-Secretary-General and UN Women Executive Director Phumzile Mlambo-Ngcuka. Without concerted global action to curb the various escalating forms of online violence, an unprecedented surge of ‘cyber violence against women and girls (cyber VAWG)’ could run rampant and significantly impede the uptake of broadband by women everywhere, the report contends. It notes that cyber VAWG already exists in many forms, including online harassment, public shaming, the desire to inflict physical harm, sexual assaults, murders and induced suicides.
benton.org/headlines/un-report-urgent-action-needed-combat-online-violence-against-women-girls | International Telecommunication Union | Washington Post
Share: Twitter | Facebook
back to top


INTERNET.ORG BACKLASH
[SOURCE: Wall Street Journal, AUTHOR: Newley Purnell, Resty Woro Yuniar]
Facebook has encountered unexpected criticism to its bold initiative to bring free Internet access to the world’s four billion people who don’t have it, and to increase connectivity among those with limited access. Former users say Internet.org is providing truncated access to websites, thwarting the principles of network neutrality—the view that Internet providers shouldn’t be able to dictate consumer access to websites. While some applaud the Internet initiative, Facebook is dealing with a backlash from users in some of its fastest-growing markets like Indonesia and India, which are key to its future expansion. The criticism about the initiative has placed Facebook in an awkward position. The social network along with other tech companies like Amazon and Twitter are members of the US industry group Internet Association, which advocates for net neutrality, among other issues. In markets like Indonesia and India, critics say Facebook is more interested in controlling which websites users can tap into than in ensuring free Internet access.
benton.org/headlines/facebooks-free-internet-access-program-developing-countries-provokes-backlash | Wall Street Journal
Share: Twitter | Facebook
back to top

Postal Service Failed to Protect Personal Data in Mail Surveillance, Report Says

Employees of the United States Postal Service failed to properly safeguard documents that included the names, addresses and financial information used by its law enforcement arm to monitor the mail of people suspected of criminal activities or for national security purposes, an internal investigation found.

The information, which is collected as part of the Postal Service’s mail cover surveillance program, could potentially reveal personally identifiable information and compromise the privacy of the mail, according to the report, which was conducted by the Postal Service’s Office of Inspector General. A mail cover is a surveillance tool used by the service to monitor the mail of a person suspected of criminal activity by recording the information on the outside of all letters and packages delivered to a home or business. Law enforcement officials say it is an important investigative tool, but privacy advocates say the practice is ripe for abuse because it does not have judicial oversight and is shrouded in secrecy.

Facebook’s Free Internet Access Program in Developing Countries Provokes Backlash

Facebook has encountered unexpected criticism to its bold initiative to bring free Internet access to the world’s four billion people who don’t have it, and to increase connectivity among those with limited access.

Former users say Internet.org is providing truncated access to websites, thwarting the principles of network neutrality—the view that Internet providers shouldn’t be able to dictate consumer access to websites. While some applaud the Internet initiative, Facebook is dealing with a backlash from users in some of its fastest-growing markets like Indonesia and India, which are key to its future expansion. The criticism about the initiative has placed Facebook in an awkward position. The social network along with other tech companies like Amazon and Twitter are members of the US industry group Internet Association, which advocates for net neutrality, among other issues. In markets like Indonesia and India, critics say Facebook is more interested in controlling which websites users can tap into than in ensuring free Internet access.

Breaking Down The Millennial Generation: A typology of young news consumers

New research suggests that Millennials’ news and internet habits fall into four distinct types:

  1. The Unattached: These are younger Millennials, age 18-24, who get their news and information mostly by just bumping into it. They tend to have not yet started families or established careers. Their online lives are spent largely keeping up with their social circles, schooling, or first-time job hunts. Less than 1 in 3 personally pay for a digital or print news subscription, and the more conventional news subjects like community or world news are not a central interest to their daily lives. Few of them follow current events or news-you-can-use. Most go online primarily for entertainment activities such as playing games or streaming music and movies. Still, news is not completely irrelevant to this group. Half of this group still keeps up generally with what is going on in the world, and many investigate opinions contrary to their own on social media.
  2. The Explorers: These are younger Millennials, also age 18-24, who actively seek out news and information. These Millennials are relatively similar demographically to the Unattached (i.e., they have not yet developed families or careers), but this group consists of slightly more men than women. They are highly connected (97 percent have smartphones), and they are interested in news and are more active in pursuing it online. These Millennials follow a variety of current events and news-you-can-use topics. They are motivated by their belief in the social and civic benefits of following news, and they use the internet and social media to both gather information and connect with others.
  3. The Distracted: These are older Millennials, age 25-34, who have begun to have families and are part of the middle class. They tend not to use news or information for civic or social purposes. They mostly bump into news and information rather than actively seek it out, and a majority do not personally pay for a news subscription. They also tend to get less news and information online and from social media in general than other Millennials; though still, nearly half of these Millennials get most of their news and information online, and many follow a variety of lifestyle and news-you-can use topics that show direct relevance to their jobs, their families, or solving problems in their personal lives.
  4. The Activists: This is another group of mostly older Millennials, age 25-34, but Activists, unlike the Distracted, are more likely to actively seek out news and information. These Millennials tend to have already established families, careers, and a connection to their community. They are racially and ethnically diverse—the only group that is a majority non-white. They have acquired enough experience in the world to care about certain issues, and enough stability in life to spend energy on those issues. A majority of these Millennials personally pay for a digital or print news subscription, and they are likely to follow current events and report using the news for civic reasons. They get news online but are less likely than other Millennials to frequently use the internet for social or entertainment purposes.

Why 'homework gap' may pave way for universal Internet access in schools

As schools increasingly use online resources and other technology in the classroom, the burden for students without high-speed Internet access at home is particularly intense, often leaving them unable to complete the required assignments.

Known as the “homework gap,” the issue has been drawing particular attention from federal regulators, with Federal Communications Commissioner Jessica Rosenworcel calling it “the cruelest part of the digital divide.” “When you bring technology into the classroom, you can do the lessons in the classroom, but to the extent that students become familiar with the material -- it has to be done outside of school,” says Deven Carlson, a political science professor at the University of Oklahoma.

Now, Congress has stepped in, with two lawmakers introducing a bill that would call for a national study on the issue, which has a particularly large scale impact on low-income and black and Hispanic students. Prof. Carlson says a push for universal broadband access – which has been a long term priority for the Obama Administration – could have a large scale impact on how teachers are able to interact with students, as well as how they prepare for college and careers increasingly reliant on digital technology.