September 16, 2015 (Court Lifts National Security Letter Gag Order)
BENTON'S COMMUNICATIONS-RELATED HEADLINES for WEDNESDAY, SEPTEMBER 16, 2015
GOVERNMENT & COMMUNICATIONS
Federal Court Lifts National Security Letter Gag Order; First Time in 14 Years
PRIVACY/SECURITY
Cyberthreat Posed by China and Iran Confounds White House
Cyber sanctions could spur Chinese backlash
FBI, DOJ want tech industry to find workaround to 'warrant-proof' encryption
What Your iPhone Doesn’t Tell Apple
Cisco routers in at least 4 countries infected by highly stealthy backdoor [links to web]
Twitter sued for scanning private messages [links to web]
Privacy Groups Push ECPA E-Mail Reform [links to web]
Ex-Spies Join Cybersecurity Fight [links to web]
INTERNET/BROADBAND
FCC Defends Title II in Court
FCC Commissioner Ajit Pai on Expanding Rural Broadband Deployment
State, County and Carrier Data on $9 Billion, Six-Year Connect America Fund Phase II Support for Rural Broadband Expansion - FCC press release [links to web]
Ovum: Minimum Broadband Speed for a Good Experience is 10 Mbps [links to web]
Maine PUC Considers Rule Changes to Increase High-Speed Broadband Statewide [links to web]
CenturyLink to roll out 1 Gbps service to homes in 6 more states, pursuing 700K target [links to web]
AT&T to bring broadband to over 84K rural Kentucky homes, businesses [links to web]
Why is having Google Fiber a big deal? It might make families happier - analysis [links to web]
Attackers sever fiber-optic cables in San Francisco area, latest in a string [links to web]
SPECTRUM/WIRELESS
Spectrum sales bode well for US innovation - Rep Greg Walden op-ed
Consumers have a lot riding on the FCC’s upcoming spectrum auction - Rep Mike Doyle op-ed
Prepared Remarks of FCC Commissioner Clyburn at the Rural Wireless Association Summit - speech
The FCC's Enhanced Transaction Review Standard - AT&T press release
T-Mobile CEO John Legere is Cutting the Cords That Bind You to Your Wireless Provider [links to web]
CONTENT
Here’s why you can’t delete native iOS apps from your iPhone
Want to see that video again? Snapchat is going to charge for extra replays. [links to web]
RESEARCH
Libraries at the Crossroads - Pew research
TELEVISION
Execs from Discovery, Roku and others warn the skinny bundle will hamper content creation [links to web]
Study: Most Millennials Don’t Want to Cut The Cord [links to web]
Cable TV Attracts More Over the Top Viewers Than Satellite, Telecommunication Companies [links to web]
CenturyLink asks FCC to eliminate syndicated exclusivity rules on video programming [links to web]
LABOR
Study Says Women Are Still Underrepresented on TV in Front of the Cameras and Behind the Scenes [links to web]
What e-mails reveal about who’s on top -- and on bottom -- at work [links to web]
ELECTIONS AND MEDIA
Jeb Bush stakes out tough position on cybersecurity [links to web]
Presidential candidate Lawrence Lessig goes one on one with Ars [links to web]
Now you can donate to your favorite political campaigns -- on Twitter [links to web]
Cable TV News Binges on Trump Coverage [links to web]
GOVERNMENT PERFORMANCE
President Obama Signs Executive Order; White House Announces New Steps to Improve Federal Programs by Leveraging Research Insights - press release [links to web]
Billions of Dollars in Savings Have Been Realized through Information Technology Reform, but Agencies Need to Complete Reinvestment Plans - GAO research [links to web]
FCC REFORM
CBO Scores Federal Communications Commission Process Reform Act of 2015 (HR 2583) - press release [links to web]
POLICYMAKERS
Top Washington Post editor Anne Kornblut leaves for Facebook [links to web]
STORIES FROM ABROAD
Students, Computers and Learning: Making the Connection - OECD research
GOVERNMENT & COMMUNICATIONS
FEDERAL COURT LIFTS NATIONAL SECURITY LETTER GAG ORDER; FIRST TIME IN 14 YEARS
[SOURCE: The Intercept, AUTHOR: Jenna McLaughlin]
A federal district court judge in New York has fully lifted an 11-year-old gag order that the FBI imposed on Nicholas Merrill, the founder of a small Internet service provider, to prevent him from speaking about a National Security Letter served on him in 2004. It marked the first time such a gag order has been fully lifted since the USA Patriot Act in 2001 expanded the FBI’s authority to unilaterally demand that certain businesses turn over records simply by writing a letter saying the information is needed for national security purposes. Like other NSL recipients, Merrill was also instructed that he could not mention the order to anyone. Merrill said the court ruling allowing him to discuss the details of the sealed request in full will allow him to ignite a debate among Americans about the unchecked surveillance powers of the US government. “I hope today’s victory will finally allow Americans to engage in an informed debate about proper the scope of the government’s warrantless surveillance powers,” Merrill said.
benton.org/headlines/federal-court-lifts-national-security-letter-gag-order-first-time-14-years | Intercept, The
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PRIVACY/SECURITY
CYBERTHREATS
[SOURCE: New York Times, AUTHOR: David Sanger]
A question from a member of the Pentagon’s new cyberwarfare unit the other day prompted President Barack Obama to voice his frustration about America’s seeming inability to deter a growing wave of computer attacks, and to vow to confront the increasingly aggressive adversaries who are perpetrating them. “Offense is moving a lot faster than defense,” President Obama told troops at Fort Meade, home of the National Security Agency and the United States Cyber Command. “The Russians are good. The Chinese are good. The Iranians are good.” The problem, he said, was that despite improvements in tracking down the sources of attacks, “we can’t necessarily trace it directly to that state,” making it hard to strike back. Then he issued a warning: “There comes a point at which we consider this a core national security threat.” If China and other nations cannot figure out the boundaries of what is acceptable, “we can choose to make this an area of competition, which I guarantee you we’ll win if we have to.” If President Obama sounded uncharacteristically combative on the topic, it is because finding a way to deter computer attacks is one of the most urgent and confounding problems he faces in his last 16 months in office. The problem is all the more pressing because it is where the high-tension diplomacy surrounding the state visit of President Xi Jinping of China next week merges with the challenge of containing Iran in the aftermath of the recently completed nuclear agreement with Tehran.
benton.org/headlines/cyberthreat-posed-china-and-iran-confounds-white-house | New York Times
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CYBER SANCTIONS COULD SPUR CHINESE BACKLASH
[SOURCE: The Hill, AUTHOR: Cory Bennett]
Swift economic retaliation against American businesses is expected if the White House levies hacking sanctions against Chinese companies. But US industry groups are still pressuring the government to stand up to China over what’s believed to be a massive campaign to pilfer corporate secrets from US firms. The alternative, they say, could be even worse: Unabated cyberattacks that drain the American private sector of its global competitive advantage. “You have, on one hand, the economic implications of doing something, but also the economic implications of not doing something,” said Nicholas Ahrens, vice president of privacy and cybersecurity for the Retail Industry Leaders Association, which represents retailers and retail product manufacturers. Despite reports that the Obama Administration will hold off on sanctioning China before President Xi Jinping’s upcoming state visit, it’s still believed those penalties are coming.
benton.org/headlines/cyber-sanctions-could-spur-chinese-backlash | Hill, The
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WARRANTS AND ENCRYPTION
[SOURCE: Christian Science Monitor, AUTHOR: Michael Farrell]
With law enforcement nationwide complaining that encrypted communications are hindering investigations, senior FBI and Department of Justice officials made one of the government’s most detailed arguments yet for why it needs easier access to secure consumer data. The government wants tech companies to “develop a solution” that both maintain users’ privacy but ensures police and federal agents can obtain data with a warrant or court order, said Amy Hess, executive assistant director for the FBI’s technology division. “We support strong encryption to be able to protect data, to be able to protect communications, to be able to protect conversations,” she said. “But the challenge for us is what is the American public’s appetite if we go to 100 percent secure systems that nobody can access – ever.” Increasingly, said Hess, strong encryption is a road block for terrorism and criminal investigations. “When lives are in the balance, that’s our concern,” she said.
benton.org/headlines/fbi-doj-want-tech-industry-find-workaround-warrant-proof-encryption | Christian Science Monitor
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WHAT YOUR IPHONE DOESN'T TELL APPLE
[SOURCE: Wall Street Journal, AUTHOR: Geoffrey Fowler]
Every tech company says it can make our gadgets smarter. Now Apple says it can do that with less snooping. Is it really possible to have both? Starting Sept 16, iPhones and iPads will gain the intelligence to proactively suggest whom you want to call and what you want to read. They’ll nudge you to hit the road early for your next appointment when there’s a lot of traffic and queue up your favorite podcast for the drive. This personalization is a big new feature in iOS 9, a free update available to every Apple device as far back as the iPhone 4S. That’s the sort of intimate insight you expect from a spouse, a spy or, nowadays, an Internet company. But iOS 9 manages these tricks in a privacy-conscious manner, without hoovering up your e-mail, photos, or contacts into Apple’s vast cloud servers for mining and manipulation. Unlike rival Google, Apple says it figures most of it out on the phone itself, far away from the prying eyes of advertisers or potential hackers. Apple, CEO Tim Cook says, “doesn’t want your data.” I love that he’s calling out the hidden trade-off to many seemingly free online services like Google and Facebook . With iOS 9, iPhones are encrypted by default and, at last, permit us to use Web ad blockers.
benton.org/headlines/what-your-iphone-doesnt-tell-apple | Wall Street Journal
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INTERNET/BROADBAND
FCC DEFENDS TITLE II IN COURT
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The Federal Communications Commission filed its opening brief in the industry challenge to its Open Internet order and its reclassification of Internet access as a telecommunications service under Title II common carrier rules. It took the FCC 157 pages to make its case, which included that the FCC was free to change its mind about the classification of broadband access. According to the FCC's summary of its argument, it reasonably interpreted the definition of telecommunications service in the Communications Act to include the "separable" telecommunications component of broadband Internet access service (BIAS), and used its court-recognized subject matter expertise to interpret a vague definition. "As the Supreme Court held, the term 'telecommunications service' is ambiguous and the relevant analysis of whether a broadband service includes a separate offering that is a 'telecommunications service' turns 'on the factual particulars of how Internet technology works and how it is provided, questions that Chevron leaves to the Commission to resolve in the first instance.'” The FCC also told the court that the cable and telecommunication company Internet service providers challenging the decision have mischaracterized the order, an effort that the FCC said has failed. The FCC also said it did not violate the First Amendment rights of Internet service providers when it voted to implement net neutrality rules. ISPs are conduits for the speech of others; they are not delivering their own messages when they connect their customers to the Internet, the FCC argued. Rules against blocking and throttling Internet content thus do not violate the ISPs’ constitutional rights, the FCC said.
benton.org/headlines/fcc-defends-title-ii-court | Broadcasting&Cable | ars technica | FCC Brief
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FCC COMMISSIONER AJIT PAI ON EXPANDING RURAL BROADBAND DEPLOYMENT
[SOURCE: Federal Communications Commission, AUTHOR: FCC Commissioner Ajit Pai]
Over the last few days, I've had the opportunity to meet with many entrepreneurs working hard to deploy broadband in rural areas of Colorado, Montana, Nevada, and North Dakota. I heard repeated concerns over the last few days that outdated Universal Service Fund (USF) rules are holding back investment in next-generation networks. Specifically, rate-of-return carriers are currently ineligible to receive support for providing stand-alone broadband service. I am worried that the Federal Communications Commission might not be on track to solve the stand-alone broadband problem by 2016. Nor can we simply announce a solution on New Year's Eve; we need to give the public time to offer input, we need to deliberate, and then we need to deliver. Too many individuals in too many rural areas of our country have waited too long for high-speed broadband. They don't need more roundtables and rhetoric from Washington (DC). They need us to take action now so that they can have online opportunities comparable to those enjoyed by their urban counterparts.
benton.org/headlines/fcc-commissioner-ajit-pai-expanding-rural-broadband-deployment | Federal Communications Commission
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SPECTRUM/WIRELESS
SPECTRUM SALES BODE WELL FOR US INNOVATION
[SOURCE: The Hill, AUTHOR: Rep Greg Walden (R-OR)]
[Commentary] A successful [spectrum] auction means consumers maintain access to the local broadcasting they have come to expect. In fact, because the auction is voluntary, broadcasting should emerge from the auction stronger than before, committed to the value and values of local broadcasting. Consumers will also see improvements in the wireless services that are increasingly central to our daily lives and our economy. More spectrum for wireless broadband means more bandwidth for everything from sharing our photos and videos to conducting business online. As our economy continues to grow on the back of wireless access to the Internet, additional spectrum will enable markets to flourish and encourage continued growth, investment and competition. The Federal Communications Commission must continue to listen to policymakers and potential auction participants and continue working to ensure the best possible outcome for the auction. Maintaining a market for local broadcasting and producing licenses of the highest quality for auction participants should animate the commission’s work as we and the world learn and benefit from this unique experience. This an unprecedented opportunity for the United States to, once again, lead the world in the innovative spectrum economy. While we may not know what the future holds, if the auction is done right, it will surely be bright and exceed our wildest imagination -- American innovation at its finest.
[Rep Greg Walden (R-OR) is the Chairman of the House Communications Subcommittee]
benton.org/headlines/spectrum-sales-bode-well-us-innovation | Hill, The
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INCENTIVE AUCTION
[SOURCE: The Hill, AUTHOR: Rep Mike Doyle (D-PA)]
[Commentary] AT&T and Verizon hold 73 percent of all spectrum below 1 GHz. Those spectrum holdings have allowed them to build dominant networks that cover more of the country and have better service within buildings. A major problem that companies like T-Mobile, Sprint and others have faced when trying to compete in the wireless market is that spectrum below 1 GHz isn’t available in sufficient quantity. The upcoming incentive auction is critical, because it will be the last opportunity for the foreseeable future for anyone to get their hands on significant amounts of that spectrum. This auction could have an adverse impact on American consumers for years to come. As the Justice Department observed in a letter to the FCC, the largest carriers have an incentive to prevent others from getting access to 600 MHz band spectrum — namely “forestalling entry or expansion [by other companies] that threatens to inject additional competition into the market.” That’s why several of my colleagues and I urged the Federal Communications Commission to set aside spectrum in this auction for smaller carriers to ensure that the dominant carriers couldn’t stifle competition by gaming the auction. Recognizing this issue, the FCC subsequently set aside a spectrum reserve for nondominant carriers.
benton.org/headlines/consumers-have-lot-riding-fccs-upcoming-spectrum-auction | Hill, The
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PREPARED REMARKS OF FCC COMMISSIONER CLYBURN AT THE RURAL WIRELESS ASSOCIATION SUMMIT
[SOURCE: Federal Communications Commission, AUTHOR: FCC Commissioner Mignon Clyburn]
Even as technology evolves to spur new business models, I believe that these four core principles of our national's communications policy remain in style: competition, public safety, consumer protection, and universal service.
Competition: In order to promote competition in the wireless market , the most important thing the Federal Communications Commission can do, is enable investment and innovation in the deployment of commercial networks.
Public Safety: I want to thank the Rural Wireless Association and smaller wireless carriers for your advocacy in the public safety proceeding, to promote wireless location accuracy.
Consumer Protection: In the area of consumer protection, perhaps the most significant thing we undertook this year was to adopt the Open Internet Order.
Universal Service: I strongly supported the creation of the first universal service fund dedicated to mobility, to ensure that consumers in all regions of this nation, have access to mobile broadband services, reasonably comparable to what we have in urban areas.
benton.org/headlines/prepared-remarks-fcc-commissioner-clyburn-rural-wireless-association-summit | Federal Communications Commission
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THE FCC'S ENHANCED TRANSACTION REVIEW STANDARD
[SOURCE: AT&T, AUTHOR: Joan Marsh]
Over a year ago, AT&T filed an application seeking to acquire two Lower 700 MHz B Block licenses from Club 42 CM Limited Partnership. AT&T’s ownership of 700 MHz B Block licenses is wholly uncontroversial -- we purchased many in the 700 MHz auction and have been enhancing our B block footprint through small deals for some time. As with the other B block deals before it, there is no real argument against the merits of this acquisition. The transaction involves bare spectrum that will provide AT&T with a sufficient position to support a 10 x 10 MHz LTE deployment in 700 MHz in the relevant markets. A contiguous 10 x 10 MHz configuration is more spectrally efficient and has a greater throughput than a 5 x 5 MHz deployment. The more robust LTE network made possible by this transaction will improve spectral efficiency, increase network capacity and enable us to offer faster, higher quality services to our customers. For these reasons, the Federal Communications Commission has repeatedly found that transactions that enable 10 x 10 MHz LTE deployments serve the public interest and has approved them. Yet, and without offering any cogent argument or justification, Competitive Carriers Association and T-Mobile have opposed the deal, arguing that the FCC should simply prohibit any incremental low-band spectrum aggregation by AT&T and Verizon. Period. They essentially assert that low band spectrum transactions should be deemed presumptively unlawful for any company named AT&T or Verizon.
benton.org/headlines/fccs-enhanced-transaction-review-standard | AT&T
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CONTENT
HERE'S WHY YOU CAN'T DELETE NATIVE IOS APPS FROM YOUR IPHONE
[SOURCE: ars technica, AUTHOR: Valentina Palladino]
If you're an iOS user, you may have a junk folder on your device full of rarely used, native apps from Apple. Banishing them to their own cluster is just about the only course of action since these apps cannot be deleted. Now, we know more about why that's the case: Apple CEO Tim Cook said that deleting native apps would essentially cause a domino effect in other programs on the device, possibly breaking things elsewhere in iOS. "There are some apps that are linked to something else on the iPhone," Cook said. "If they were to be removed, they might cause issues elsewhere on the phone." While Cook didn't detail which preinstalled apps were linked to other functions, he went on to say that not every app is connected in this way. Eventually, Apple may allow some native apps to be deleted. "Over time, I think with the ones that aren’t like that, we’ll figure out a way [for you to remove them]. … It’s not that we want to suck up your real estate."
benton.org/headlines/heres-why-you-cant-delete-native-ios-apps-your-iphone | Ars Technica
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RESEARCH
LIBRARIES AT THE CROSSROADS
[SOURCE: Pew Internet, Science and Tech, AUTHOR: John Horrigan]
American libraries are buffeted by cross currents. Citizens believe that libraries are important community institutions and profess interest in libraries offering a range of new program possibilities. Yet, even as the public expresses interest in additional library services, there are signs that the share of Americans visiting libraries has edged downward over the past three years, although it is too soon to know whether or not this is a trend. A new survey from Pew Research Center brings this complex situation into stark relief. Many Americans say they want public libraries to:
Support local education
Serve special constituents such as veterans, active-duty military personnel and immigrants
Help local businesses, job seekers and those upgrading their work skills
Embrace new technologies such as 3-D printers and provide services to help patrons learn about high-tech gadgetry.
Additionally, two-thirds of Americans (65 percent) ages 16 and older say that closing their local public library would have a major impact on their community. Low-income Americans, Hispanics and African Americans are more likely than others to say that a library closing would impact their lives and communities.
benton.org/headlines/libraries-crossroads | Pew Research Center
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STORIES FROM ABROAD
STUDENTS, COMPUTERS AND LEARNING: MAKING THE CONNECTION
[SOURCE: Organization for Economic Co-operation and Development, AUTHOR: Andreas Schleicher]
Are there computers in the classroom? Does it matter? Students, Computers and Learning: Making the Connection examines how students’ access to and use of information and communication technology (ICT) devices has evolved in recent years, and explores how education systems and schools are integrating ICT into students’ learning experiences. Based on results from PISA 2012, the report discusses differences in access to and use of ICT – what are collectively known as the “digital divide” – that are related to students’ socio-economic status, gender, geographic location, and the school a child attends. The report highlights the importance of bolstering students’ ability to navigate through digital texts. It also examines the relationship among computer access in schools, computer use in classrooms, and performance in the PISA assessment. As the report makes clear, all students first need to be equipped with basic literacy and numeracy skills so that they can participate fully in the hyper-connected, digitised societies of the 21st century.
benton.org/headlines/students-computers-and-learning-making-connection | Organization for Economic Co-operation and Development
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