November 2015

SECURITY/SURVEILLANCE/PRIVACY

EUROPE SHAKEN BY PARIS ATTACKS, WEIGHS SECURITY WITH PRIVACY RIGHTS
[SOURCE: New York Times, AUTHOR: Mark Scott]
As France comes to terms with its deadliest domestic attack since World War II, attention has quickly turned attention to whether European governments need to reassess how they collect, manage and use people’s digital footprint. Already, European politicians are mulling new rules that would allow them to share airline passenger data across the 28-member bloc to identity potential terrorists. And new legislation in France and Britain is expected to give intelligence agencies further access to people’s digital lives. That includes allowing French officials to tap phones and access e-mails without judicial review and forcing Internet providers in Britain to potentially hold individuals’ communication data for a year so that agencies can review the records when necessary. Yet European data protection advocates and lawmakers say the strong rules that limit how companies can handle information will likely remain in place, highlighting how Europe has separated how companies handle people’s data from the needs of governments to protect national security. The region’s tough privacy rules are enshrined as a fundamental right on par with freedom of expression.
benton.org/headlines/europe-shaken-paris-attacks-weighs-security-privacy-rights | New York Times
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SIGNS POINTS TO UNENCRYPTED COMMUNICATIONS BETWEEN TERROR SUSPECTS
[SOURCE: The Intercept, AUTHOR: Dam Froomkin]
In the wake of the Paris attack, intelligence officials and sympathizers upset by the Edward Snowden leaks and the spread of encrypted communications have tried to blame Snowden for the terrorists’ ability to keep their plans secret from law enforcement. Yet news emerging from Paris -- as well as evidence from a Belgian ISIS raid in January -- suggests that the ISIS terror networks involved were communicating in the clear, and that the data on their smartphones was not encrypted. European media outlets are reporting that the location of a raid conducted on a suspected safe house on Nov 18 was extracted from a cellphone, apparently belonging to one of the attackers, found in the trash outside the Bataclan concert hall massacre. Le Monde reported that investigators were able to access the data on the phone, including a detailed map of the concert hall and an SMS messaging saying “we’re off; we’re starting.” Police were also able to trace the phone’s movements. The Telegraph reported that “eyewitness accounts and surveillance of mobile telephone traffic” suggested that Abdelhamid Abaaoud, the suspected strategist of both the Paris attack and one that was foiled in Belgium, was staying at the safe house. Details about the major ISIS terror plot averted 10 months ago in Belgium also indicate that while Abaaoud previously attempted to avoid government surveillance, he did not use encryption.
benton.org/headlines/signs-point-unencrypted-communications-between-terror-suspects | Intercept, The
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MANHATTAN DISTRICT ATTORNEY DEMANDS CONGRESS REQUIRE MOBILE PHONE BACKDOORS
[SOURCE: ars technica, AUTHOR: David Kravets]
Cyrus Vance, Jr., the Manhattan (NY) district attorney and an outspoken critic of encryption, called on Congress to adopt legislation mandating that mobile phone makers like Apple and Google bake backdoors into their smartphones. Vance said it is "government's principal responsibility to keep its residents safe, and that a government cannot fulfill that responsibility if huge amounts of vital information directly related to public safety are inaccessible to the government." The district attorney's proposal provided data saying that in a span of 12 months ending in October, as many as 111 prosecutions in his office for a variety of crimes like homicide, attempted murder, sexual abuse of a child, sex trafficking, assault, and robbery were hindered because of encrypted mobile phones connected to the cases. He also cited a litany of prosecutions in which evidence obtained from mobile phones helped solve the same types of cases. "The federal legislation would provide in substance that any smartphone manufactured, leased, or sold in the US must be able to be unlocked, or its data accessed, by the operating system designer. Compliance with such a statute would not require new technology or costly adjustments. It would require, simply, that designers and makers of operating systems not design or build them to be impregnable to lawful governmental searches," according to Vance's position paper on the topic.
benton.org/headlines/manhattan-district-attorney-demands-congress-require-mobile-phone-backdoors | Ars Technica
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FBI BUGGED STEPS OF SILICON VALLEY COURTHOUSE
[SOURCE: ars technica, AUTHOR: Dan Goodin]
Defense attorneys have asked a federal judge to throw out more than 200 hours of conversations FBI agents recorded using hidden microphones planted near the steps of a county courthouse in Silicon Valley (CA). The lawyers are representing defendants accused of engaging in an illicit real estate bid-rigging and fraud conspiracy. The steps to the San Mateo County (CA) courthouse are frequently the scene of public auctions for foreclosed homes. Federal prosecutors have admitted that on at least 31 occasions in 2009 and 2010, FBI agents used concealed microphones to record auction participants as they spoke, often in hushed voices with partners, attorneys, and others. Because the federal agents didn't obtain a court order, the defense attorneys argue the bugging violated Constitutional protections against unreasonable searches and seizures. According to the filing, agents planted eavesdropping devices in at least three locations: a metal sprinkler box attached to a wall near the courthouse entrance, a large planter box to the right of the courthouse entrance, and vehicles parked on the street in front of the courthouse entrance. All three areas are locations where people have a reasonable expectation to have private conversations and where lawyers and clients could reasonably be expected to have privileged conversations, the defense argued.
benton.org/headlines/fbi-bugged-steps-silicon-valley-courthouse | Ars Technica
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INTERNET/BROADBAND

LEVERS TO INTENSIFY BROADBAND COMPETITION -- PART III
[SOURCE: Benton Foundation, AUTHOR: Blair Levin]
[Commentary] Given the current market, what are the appropriate government levers to intensify competition at this part of the cycle? Earlier, I explored spectrum policy and improving the economics of a telecommunication company upgrade. Now let's look at a third lever. My understanding of a third lever to intensify competition stems from discussions with my friend David Morken, the CEO of Bandwidth.com. In the summer of 2011, he suggested his company could use its existing assists to launch a Wi-Fi based mobile service. I first thought he was crazy but became a convert. A few months later, the company launched Republic Wireless, which is today the largest Wi-Fi first mobile company in the United States.
benton.org/headlines/levers-intensify-broadband-competition-part-iii | Benton Foundation
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TIME WARNER CABLE CUSTOMERS WHO BOUGHT MODEMS MAY HAVE TO PAY RENTAL FEE AFTER CHARTER TAKEOVER
[SOURCE: Los Angeles Times, AUTHOR: Jim Puzzanghera]
Thousands of Time Warner Cable customers who bought their own modems for high-speed Internet service could end up paying to rent one anyway after Charter completes its proposed purchase of the company. Charter is the only major pay-TV provider that bundles the rental fee for a cable modem into its price for Internet service, so there's no discount for customers who buy their own device. Its unusual policy could have a major effect in Los Angeles (CA), where the company is set to become the dominant pay-TV provider with about 1.8 million subscribers. In the coming months, federal regulators are expected to approve Charter's $56.7-billion purchase of Time Warner Cable, as well as a separate $10.4-billion acquisition of Bright House Networks, deals that would make Charter the nation's third-largest pay-TV firm with more than 20 million subscribers. A leading manufacturer of retail cable modems, Zoom Telephonics Inc. in Boston (MA), wants the Federal Communications Commission to reject the deals because of the cable modem policy. And if not, Zoom wants a condition for approval to require that Charter separate its cable modem rental fee so customers who buy their own devices can get a break on their bills."The Communications Act says that cable companies should sell cable modem leases and Internet service separately," said Andrew Jay Schwartzman, a professor at Georgetown University Law Center who is representing Zoom."By combining the prices, Charter's customers are deprived of the ability to purchase advanced cable modems and save the cost of monthly rental fees," he said.
benton.org/headlines/time-warner-cable-customers-who-bought-modems-may-have-pay-rental-fee-after-charter | Los Angeles Times
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USDA FUNDING EXPANDS BROADBAND ACCESS TO NEARLY SIX MILLION RURAL RESIDENTS, WORKERS AND BUSINESSES
[SOURCE: Department of Agriculture, AUTHOR: Press release]
US Department of Agriculture Rural Utilities Service Administrator Brandon McBride announced that nearly six million Americans who live and work in rural areas now have access to new or improved high-speed internet service, thanks to USDA funding provided in the American Recovery and Reinvestment Act. Two hundred fifty-four Recovery Act broadband projects financed by USDA's Rural Utilities Service totaling $2.9 billion are providing broadband service in 44 states and American Samoa. More than half the infrastructure projects were completed under budget, resulting in the return of nearly $113 million to the US Treasury. The measure's five-year period for funding broadband projects expired at the end of the 2015 fiscal year. These projects have brought high-speed Internet access to 260,000 rural households, 17,500 businesses and 1,900 community facilities. The service providers estimate that completed projects could provide access for more than 5.8 million rural consumers.

benton.org/headlines/usda-funding-expands-broadband-access-nearly-six-million-rural-residents-workers-and | Department of Agriculture
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COMCAST STATES LIFELINE BROADBAND PROVIDERS SHOULD SUPPORT DIGITAL LITERACY
[SOURCE: National Digital Inclusion Alliance, AUTHOR: Angela Siefer]
Comcast is encouraging the Federal Communications Commission to require Lifeline broadband providers to support digital literacy training. We say Hurray! To substantially increase broadband adoption, we must address both cost and digital literacy. The National Digital Inclusion Alliance encourages Lifeline broadband providers to partner with community-based organizations and libraries who have digital literacy expertise and the trust of low-income community members. Comcast made their statement regarding the necessity of training in ex-parte comments to the FCC (which means they documented a verbal conversation with FCC staff members). The final paragraph reads, "In light of the research, we discussed that the Commission should promote the development of comprehensive broadband adoption programs. We further discussed that a way to do this would be to include in Lifeline reform a requirement that broadband providers accepting Lifeline support implement digital literacy and relevance training programs...We also discussed that the Commission could track digital literacy and relevance training initiatives by having providers submit information regarding their training programs on an annual basis." And lastly, wow, it would be great to know how Lifeline broadband providers are supporting training programs. We also encourage the FCC to require providers to submit publicly available information regarding training programs.
benton.org/headlines/comcast-states-lifeline-broadband-providers-should-support-digital-literacy | National Digital Inclusion Alliance
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FCC'S GIGI SOHN AT THE ECTA REGULATORY CONFERENCE
[SOURCE: Federal Communications Commission, AUTHOR: Gigi Sohn]
More than four billion people on our planet are not yet connected to the Internet. In the 49 least developed countries, over 90 percent of the population is not online. About 10 million Americans can’t get wired broadband at any speed if they wanted it because the infrastructure is not in place. Additionally, at the end of 2014, approximately 22 million Europeans were without fixed broadband coverage. To help solve this divide, international governments, non-governmental organizations, and major corporations have come together to sponsor initiatives like “Global Connect” -- a program that seeks to connect an additional 1.5 billion people to the Internet by 2020. I’d like to highlight what we see as the most effective tool for achieving our goals: competition. Simply put, a thriving, competitive market advances the public interest and promotes innovation and investment across the information and communication technology sector. The Federal Communications Commission strongly supports policy that recognizes access to broadband as essential to full participation in our society and economy. Creating opportunities for such access through light-touch regulations simultaneously promotes both competition and the public interest. It’s been my honor to share some of the FCC’s accomplishments today. Working together, we can continue to harness the power of broadband technology, expand opportunity, and promote competition around the globe.
benton.org/headlines/fccs-gigi-sohn-european-competitive-telecommunications-association-regulatory-conference | Federal Communications Commission
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CONTENT

SENATE COMMERCE APPROVES SIX BILLS, INCLUDING CONSUMER REVIEW FREEDOM ACT
[SOURCE: US Senate Commerce Committee, AUTHOR: Press release]
The Senate Commerce Committee approved six bills and approved nominations for two agencies. Notably, the Committee approved the Consumer Review Freedom Act of 2015 (S 2044), aimed at protecting the right of consumers to leave negative online reviews about businesses. “Reviews offering blunt and honest criticism play an increasingly important role in helping customers select the best products and services,” said Senate Commerce Committee Chairman John Thune (R-SD), who introduced the bill. “The Consumer Review Freedom Act is needed so consumers can benefit from the experiences of others through the open exchange of information.” The Committee held a hearing on the issue on Nov 4, with testimony from Jen Palmer, a plaintiff in Palmer v. KlearGear, where a company demanded the removal of a negative online review or payment of $3,500 in fines because the online merchant’s terms of service included a non-disparagement clause. When the review was not taken down, the company reported the unpaid $3,500 to a credit reporting agency as an outstanding debt, which negatively impacted the Palmers’ credit. The legislation, which covers only contracts with consumers and not employees, has the support of consumer-advocacy groups and online-review websites like TripAdvisor and Yelp. The bill now heads to the Senate floor for consideration.
benton.org/headlines/senate-commerce-approves-six-bills-including-consumer-review-freedom-act | US Senate Commerce Committee | US Senate Commerce Committee | National Journal | The Hill
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GOOGLE CAN NOW STREAM APPS TO YOUR PHONE, SEARCH MORE MOBILE APP CONTENT
[SOURCE: The Verge, AUTHOR: Jacob Kastrenakes]
Google's search results have included information from inside of apps for a couple years now, but Google has only ever been able to show those results if you have the app installed or if the app has a website, too. But now Google has another way: stream the entire app to your phone. Google announced that it's beginning to test a feature that will stream apps to Android phones when someone finds a result from them through Search. If you're searching for hotel bookings, for instance, a search result from HotelTonight might appear. Because HotelTonight doesn't let you book through its website, Google will stream the HotelTonight app, allowing you to tap through it to explore listings and make a booking. Streaming HotelTonight went smoothly in a brief test, although it responded a bit slower than a native app. Google says it's planning to expand the program; it's an important initiative -- Google Search is a critical tool for the web, but apps, which increasingly hold information that isn't available elsewhere, haven't been as visible to Google. Google is looking to maintain its search hegemony as users shift en masse to mobile devices. Instead of crawling the Web to give consumers answers to search queries, Google must increasingly navigate apps where users spend the bulk of their time.
benton.org/headlines/google-can-now-stream-apps-your-phone-search-more-mobile-app-content | Verge, The | USAToday
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GOVERNMENT & COMMUNICATIONS

GLOBAL SUPPORT FOR PRINCIPLE OF FREE EXPRESSION, BUT OPPOSITION TO SOME FORMS OF SPEECH
[SOURCE: Pew Research Center, AUTHOR: Richard Wike, Katie Simmons]
Although many observers have documented a global decline in democratic rights in recent years, people around the world nonetheless embrace fundamental democratic values, including free expression. A new Pew Research Center survey finds that majorities in nearly all 38 nations polled say it is at least somewhat important to live in a country with free speech, a free press and freedom on the Internet. And across the 38 countries, global medians of 50 percent or more consider these freedoms very important. Still, ideas about free expression vary widely across regions and nations. The United States stands out for its especially strong opposition to government censorship, as do countries in Latin America and Europe – particularly Argentina, Germany, Spain and Chile. Majorities in Asia, Africa and the Middle East also tend to oppose censorship, albeit with much less intensity. Indonesians, Palestinians, Burkinabe and Vietnamese are among the least likely to say free expression is very important. Even though Internet freedom ranks last among the six broad democratic rights included on the survey, majorities in 32 of 38 countries nonetheless say it is important to live in a country where people can use the Internet without government censorship. Across the 38 nations, a median of 50 percent believe it is very important to live in a country with an uncensored Internet.
benton.org/headlines/global-support-principle-free-expression-opposition-some-forms-speech | Pew Research Center
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ACCESSIBILITY

FCC CHAIRMAN WHEELER AT THE ASSOCIATION OF UNIVERSITY CENTERS ON DISABILITIES
[SOURCE: Federal Communications Commission, AUTHOR: FCC Chairman Wheeler]
Just a few weeks ago, the Federal Communications Commission held a Summit on the communications needs of people with cognitive and intellectual disabilities. We had some of the thought leaders from around the country come to the FCC and share ideas for how to ensure that telecommunications products and services are accessible. The Summit identified two pressing challenges: first, the lack of equipment and services that meet the unique and varied needs of people with cognitive disabilities; and, second, the lack of awareness across government and the private sector about accessibility rights and enforcement mechanisms. Drawing from these lessons learned, we have charted out next steps. It starts with a more comprehensive needs assessment to determine the types of accessibility features needed to advance the current state-of-play. Next, we will begin targeted outreach efforts in early 2016 not only to educate
individuals with cognitive disabilities about their rights to communications products and services, but also to engage individuals who can help. Then we plan to step up engagement with other agencies, with requests for expanded research on these issues. By mid-2016, our goal is to have a Cognitive Accessibility Pledge for telecommunications carriers, service providers, and government stakeholders that outlines principles for an inclusive information and communications technology ecosystem and a commitment to greater engagement for policymaking and innovation.
benton.org/headlines/fcc-chairman-wheeler-association-university-centers-disabilities | Federal Communications Commission
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POLICYMAKERS

WALLY BOWEN
[SOURCE: Citizen-Times, AUTHOR: Tony Kiss]
Asheville (NC) media advocate Wally Bowen -- who helped bring Asheville into the Internet age in 1996 in a time when when the service was still very new and little known -- died after a struggle with Lou Gehrig's disease. He was 63. Bowen started both the non-profit Mountain Area Information Network (MAIN) and its sister operation, the low-powered Asheville FM radio station WPVM. He used the services to connect the community through local voices. His work was known nationally and most recently, he was given the Donald H. McGannon Award from the Office of Communication of the United Church of Christ for his work in building MAIN. Bowen remained active to the end of his life, said his longtime friend Monroe Gilmour, who accepted the McGannon Award on his behalf. "His mind was still totally engaged and sharp as anyone’s," Gilmour said. Lou Gehrig's Disease left him without movement or the ability to speak, but he was able to stay online, said his partner Carla Seidl. "He was extremely open, always reaching out, always positive, seeking new connections, building things," she said.
benton.org/headlines/internet-pioneer-wally-bowen-dies | Citizen-Times | Daily Yonder
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Analysis

November 2015

Chris Lynch to Serve as New Head of the Pentagon's Digital Service Team

Fight against ISIS reveals power of social media

November 19, 2015 (Wally Bowen)

Senate Commerce Approves Six Bills, Including Consumer Review Freedom Act

Signs Point to Unencrypted Communications Between Terror Suspects

Restricting Encryption Would Not Have Prevented the Paris Attacks

USDA Funding Expands Broadband Access to Nearly Six Million Rural Residents, Workers and Businesses

Europe, Shaken by Paris Attacks, Weighs Security With Privacy Rights

Jeb Bush: 'Appalling' that US is not 'superior' in cyberspace

What’s the Evidence Mass Surveillance Works? Not Much