BENTON'S COMMUNICATIONS-RELATED HEADLINES for FRIDAY(!), DECEMBER 18, 2015
TS Eliot: The vast accumulations of knowledge. . . deposited by the nineteenth century have been responsible for an equally vast ignorance.
NEWS FROM THE FCC MEETING
FCC Eliminates Dated Phone Industry Rules - press release
FCC Takes Steps to Preserve Low-Power TV and TV Translator Stations Post-Incentive Auction - press release
FCC Further Streamlines Satellite Licensing Rules - press release
SECURITY/PRIVACY
Omnibus: Financial Services Agencies Must Seek Warrants for E-mails
Privacy and Civil Liberties Oversight Board set to lose power to examine covert action
EFF, Access Now, and the White House Sat Down to Talk About Encryption: The Details [links to Electronic Frontier Foundation]
Rep Issa Says Internet of Things Should Be Part of Congressional Debate on Encryption [links to Benton summary]
House Oversight Committee Faults Failure to Review Visa Applicants’ Social Media Use [links to New York Times]
DHS insists: We screen social media [links to Benton summary]
It’s Time To Move Away From the “Privacy vs. Security” Paradigm - op-ed
LifeLock to Pay $100 Million to Consumers to Settle FTC Charges it Violated 2010 Order - press release [links to Benton summary]
Paris attack planners used encrypted apps, investigators believe [links to Washington Post]
COPPA: When persistence doesn’t pay - FTC blog [links to Benton summary]
INTERNET/BROADBAND
FCC asking if free-data plans from T-Mobile, AT&T and Comcast break Internet rules
CBO Scores Digital Goods and Services Tax Fairness Act - research
Comcast customer discovers huge mistake in company’s data cap meter [links to Ars Technica]
The data centers that support the Internet use a huge amount of energy [links to Atlantic, The]
New report looks to future of libraries building digitally inclusive communities - ALA press release [links to Benton summary]
GOVERNMENT & COMMUNICATIONS
House Commerce Committee Leaders Concerned About Covert Propaganda on Climate Rules - press release [links to Benton summary]
How Google enlisted members of US Congress it bankrolled to fight EU antitrust case [links to Benton summary]
Secrecy Shuts Down a National-Security Debate [links to Benton summary]
San Bernardino became a debate about online government monitoring [links to Vox]
ELECTION 2016
Sen Sanders has been suspended from viewing party's voter records after one of his staffers viewed confidential information from Clinton's campaign [links to Verge, The]
From Internet shutdowns to 'the encryption problem,' rating the Republicans on tech policy - analysis [links to Benton summary]
Secrecy Shuts Down a National-Security Debate [links to Benton summary]
Communication Workers of America Endorses Sen Sanders’ presidential bid [links to Reuters]
DIVERSITY
How a start-up hub made good on diversity goals - op-ed [links to Benton summary]
EDUCATION
New National Ed-Tech Plan Calls for Improved Teacher Prep, Assessment - analysis [links to Benton summary]
JOURNALISM
Predictions for Journalism 2016 [links to Nieman Lab]
TELEVISION/RADIO
Why Cable Companies Are Actually Expecting Subscriber Increases In 2015 - analysis [links to Benton summary]
FCC's Wheeler: MVPD (Pay-TV) Redefinition Still on 'Pause' [links to Broadcasting&Cable]
A guide to the FCC spectrum auction for public broadcasters [links to Current]
Michele Norris is leaving NPR [links to Poynter]
WIRELESS/SPECTRUM
Updating the Spectrum Relocation Fund to Enable Innovation, Flexibility in Spectrum Use - NTIA blog [links to Benton summary]
A guide to the FCC spectrum auction for public broadcasters [links to Current]
CONTENT
Heirs of Abbott and Costello Lose Copyright Claim Over ‘Who’s on First’, Changing Baseball Comedy Forever [links to Associated Press]
POLICYMAKERS
Chairman Thune Announces Key Senate Commerce Committee Staff Change - press release [links to Benton summary]
COMPANY NEWS
Facebook offers payments to employees who live closer to HQ [links to Reuters]
STORIES FROM ABROAD
Brazil Restores WhatsApp Service After Brief Blockade Over Facebook Case
At UN, China Tries to Influence Fight Over Internet Control
IT tariffs slashed in biggest WTO deal since 1996
Google ramps up EU lobbying as antitrust charges proceed [links to Ars Technica]
How Google enlisted members of US Congress it bankrolled to fight EU antitrust case [links to Benton summary]
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NEWS FROM THE FCC MEETING
FCC ELIMINATES DATED PHONE INDUSTRY RULES
[SOURCE: Federal Communications Commission, AUTHOR: Press release]
Moving to eliminate regulatory burdens that can stifle investment, while maintaining core protections for consumers and competition, the Federal Communications Commission voted to no longer enforce multiple dated rules governing legacy local phone companies, known as incumbent local exchange carriers, or ILECs. The FCC granted full or partial forbearance from most of the categories of rules covered by a petition for forbearance filed by U.S. Telecom, an industry trade association. A number of these rules were pre-conditions to the ability of the former “Baby Bell” telephone companies to offer long distance telephone service, a process that was completed over a decade ago. With the long distance service market very different today than it was then, these rules generally no longer are necessary to protect consumers or competition. However, the FCC maintained rules still needed to ensure that consumers in rural areas and low income consumers have access to affordable phone service. And it preserved rules that continue to protect competition in the market for telecommunications services to businesses and other enterprises.
benton.org/headlines/fcc-eliminates-dated-phone-industry-rules | Federal Communications Commission
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FCC TAKES STEPS TO PRESERVE LOW-POWER TV AND TV TRANSLATOR STATIONS POST-INCENTIVE AUCTION
[SOURCE: Federal Communications Commission, AUTHOR: Press release]
The Federal Communications Commission unanimously adopted several measures to help low power television (LPTV) and TV translator stations to continue serving their viewers following 2016’s Incentive Auction. The Spectrum Act of 2012 requires the FCC to protect only full power and Class A TV stations when reorganizing or “repacking” the TV band after the auction. Nonetheless, recognizing the important role that LPTV and translator stations play in the communities they serve, the FCC has already taken several steps to help these stations preserve the important programming content they provide. The Third Channel Sharing Report & Order builds on previous FCC actions by:
Permitting Channel-Sharing: The Third Report & Order allows channel sharing among LPTV and TV translator stations.
Extending Deadline for Digital Transition
Offering Software Assistance for Finding New Channels
The Third Report & Order also creates a replacement translator service for full power stations to replace digital service areas lost as a result of repacking, and sunsets the analog tuner requirement for TV sets on August 31, 2017.
The consent agenda was also adopted.
benton.org/headlines/fcc-takes-steps-preserve-low-power-tv-and-tv-translator-stations-post-incentive-auction | Federal Communications Commission
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FCC FURTHER STREAMLINES SATELLITE LICENSING RULES
[SOURCE: Federal Communications Commission, AUTHOR: Press release]
The Federal Communications Commission adopted rules to comprehensively simplify and streamline the regulatory approval process for satellite licenses. These rules are also known as the Part 25 rules. This rulemaking is one of the key reforms under the FCC’s process reform initiative. The Report and Order increases satellite operational flexibility, eliminates unnecessary
filing requirements, and updates our rules to better accommodate evolving technology. The changes will significantly reduce regulatory burdens and costs. Specifically, the FCC’s Report and Order adopts changes that will:
Facilitate international coordination of proposed satellite networks by permitting submissions of advanced publication and coordination requests by the FCC to the International Telecommunication Union before a full license application is filed at the Commission
Eliminate interim satellite milestone implementation requirements
Deter spectrum warehousing by creating a post-licensing bond requirement that increases in value over time, providing an incentive for licensees to surrender their authorizations early if business plans change
Refine the “two-degree” orbital spacing requirements to better accommodate the use of small antennas
Expand options for simplified routine earth station licensing.
The Report and Order also simplifies, eliminates, updates, or clarifies definitions and technical terms throughout the Part 25 rules.
benton.org/headlines/fcc-further-streamlines-satellite-licensing-rules | Federal Communications Commission
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SECURITY/PRIVACY
OMNIBUS: FINANCIAL SERVICES AGENCIES MUST SEEK WARRANTS FOR E-MAILS
[SOURCE: Morning Consult, AUTHOR: Amir Nasr]
The 2,000-page omnibus spending bill that lawmakers will vote on Dec 18 includes a provision that marks a big step forward for privacy advocates. Buried in the year-end spending package is language that would prohibit financial service agencies from requiring any e-mail, social media or other electronic communication provider to hand over the contents of customer communications without a warrant. Rep Kevin Yoder (R-KS) orchestrated the inclusion of the provision when negotiating Financial Services appropriations bill in July. As such, the language governs only financial services agencies. There is separate legislation in both the House and the Senate that would extend similar requirements to all federal law enforcement agencies. However, this marks a big step forward for the legislation, as it covers the Securities and Exchange Commission, the Federal Trade Commission and the Internal Revenue Service. Both the SEC and the FTC have argued that they should not have to go through the warrant process to acquire online communications from third-party providers. “These are some of the biggest offenders and abusers of the 1986 law, and so it’s a great place to start and it’s consistent with what I believe Congress will ultimately pass for the entire government,” Rep Yoder said. “It’s a big victory for individual liberty, privacy rights, Fourth Amendment.”
benton.org/headlines/omnibus-financial-services-agencies-must-seek-warrants-e-mails | Morning Consult
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PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD SET TO LOSE POWER TO EXAMINE COVERT ACTION
[SOURCE: Washington Post, AUTHOR: Ellen Nakashima]
A measure to strip a government watchdog’s ability to conduct oversight of US covert action programs is expected to pass Congress as part of a larger must-pass budget bill. The measure is a jab at the Privacy and Civil Liberties Oversight Board (PCLOB), an independent executive-branch agency whose job is to ensure that the government’s counterterrorism programs respect Americans’ privacy and civil liberties. The board’s chairman, David Medine, upset the House Intelligence Committee's GOP members with an essay he co-authored in April that suggested that an independent review panel was needed to assess whether the government’s decisions to target US citizens in drone strikes are appropriate. The essay also said that the PCLOB would be a good candidate to serve as the review board. The committee majority saw that suggestion, along with other reviews the PCLOB was undertaking, as “mission creep,” one aide said at the time. Committee Chairman Devin Nunes (R-CA) said then that “review of such activity is ill-suited for a public board like the PCLOB.” But Sen Ron Wyden (D-OR), a member of the Senate intelligence committee, said the measure is “clearly unwise.” Though the board’s oversight activities to date have not focused on covert action, he said, “it is reasonably easy to envision a covert action program that could have a significant impact on Americans’ privacy and civil liberties -- for example, if it included a significant surveillance component.”
benton.org/headlines/privacy-and-civil-liberties-oversight-board-set-lose-power-examine-covert-action | Washington Post
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IT'S TIME TO MOVE AWAY FROM THE "PRIVACY VS SECURITY" PROGRAM
[SOURCE: International Association of Privacy Professionals, AUTHOR: Trevor Mead]
[Commentary] If individual consumers fail to manage their online identity, someone else will -- advertisers, data brokers, insurers, etc. While the Edward Snowden revelations greatly increased consumers’ awareness of data privacy, they did so in a security context. Unfortunately, framing the privacy discussion as “privacy vs. security” has stacked the cards against consumers, creating insurmountable obstacles and stifling broader adoption of meaningful privacy practices. Shifting away from the privacy-vs-security paradigm and towards a “privacy-as-identity-management” mentality would overcome many of these challenges, setting the stage for higher consumer engagement and better tools for privacy management.
[Trevor Mead, CIPP/US, is an Emory Merit Scholar at Santa Clara University School of Law, specializing in privacy law]
benton.org/headlines/its-time-move-away-privacy-vs-security-paradigm | International Association of Privacy Professionals
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INTERNET/BROADBAND
FCC ASKING IF FREE-DATA PLANS FROM T-MOBILE, AT&T AND COMCAST BREAK INTERNET RULES
[SOURCE: Los Angeles Times, AUTHOR: Jim Puzzanghera]
Federal regulators are looking into new offerings, such as T-Mobile's Binge On, that exempt video and other services from data caps to determine whether they violate new rules for Internet traffic. Federal Communications Commission Chairman Tom Wheeler said the agency sent letters to T-Mobile, AT&T and Comcast asking for informal meetings to discuss "some of the innovative things they are doing." "This is not an investigation. This is not any enforcement," he said. The letters were sent Dec 16, and the companies were asked to make employees available by Jan. 15. Chairman Wheeler said the goal is for FCC officials to stay aware of innovative services in the wake of the agency's tough new network neutrality regulations, which are designed to ensure the uninhibited flow of Internet content. The meetings will be an "informal review of new offerings so the commission is fully informed about new marketplace offerings," FCC spokeswoman Kim Hart said. The companies also can discuss "their views on how the broadband industry as a whole is developing," and the FCC "will invite others -- including other commercial interests and public-interest groups -- to meet with us as well," Hart said.
benton.org/headlines/fcc-asking-if-free-data-plans-t-mobile-att-and-comcast-break-internet-rules | LA Times | Washington Post | Reuters | national Journal | The Hill
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CBO SCORES DIGITAL GOODS AND SERVICES TAX FAIRNESS ACT
[SOURCE: Congressional Budget Office, AUTHOR: Susan Willie, Melissa Merrell, Leo Lex, Paige Piper/Bach]
The CBO scored the Digital Goods and Services Tax Fairness Act of 2015 (HR 1643), which would prohibit state and local governments from imposing taxes on the sale of some digital goods and services that are taxable under current law. CBO estimates that enacting HR 1643 would have no direct impact on the federal budget. Enacting HR 1643 would not affect direct spending or revenues; therefore pay-as-you-go procedures do not apply. Enacting the bill also would not increase net direct spending or on-budget deficits in any of the four 10-year periods beginning in 2026. The prohibition on the ability of state and local governments to tax the sale of some digital goods and services would be an intergovernmental mandate as defined in the Unfunded Mandates Reform Act (UMRA). CBO estimates that the cost of complying with that mandate would far exceed the threshold established in UMRA for intergovernmental mandates ($77 million in 2015, adjusted annually for inflation). HR 1643 also would impose a private-sector mandate, as defined in UMRA, on sellers of digital goods and services by requiring them to maintain tax information on their customers. CBO estimates that the incremental cost to comply with the mandate would fall below the annual threshold for private-sector mandates established in UMRA ($154 million in 2015, adjusted annually for inflation).
benton.org/headlines/cbo-scores-digital-goods-and-services-tax-fairness-act | Congressional Budget Office
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STORIES FROM ABROAD
BRAZIL RESTORES WHATSAPP SERVICE AFTER BRIEF BLOCKADE OVER FACEBOOK CASE
[SOURCE: New York Times, AUTHOR: Vindu Goel, Vinod Sreeharsha]
Brazil briefly shut down WhatsApp, a popular instant-messaging service owned by Facebook, on Dec 17 by court order in a case shrouded in secrecy. The blockade, which went into effect at midnight, was ordered for 48 hours by a judge in São Paulo after Facebook defied orders to turn over data in a criminal court proceeding there. Details of the case were sealed. But the shut down was quickly overturned on the morning of Dec 17 by an appeals court. It ruled that it was “unreasonable” to suspend a service used by millions of people because the company had failed to provide information to the courts. WhatsApp has about 100 million users in Brazil and is a fixture on most smartphones. The app allows users to send text messages and make voice calls for free, making it an attractive alternative to Brazil’s pricey cellular services. Facebook’s co-founder and chief executive, Mark Zuckerberg, said it was a “sad day” for Brazil. “Until today, Brazil has been an ally in creating an open Internet,” he wrote in a Facebook post in English and Portuguese. “I am stunned that our efforts to protect people’s data would result in such an extreme decision by a single judge to punish every person in Brazil who uses WhatsApp.”
benton.org/headlines/brazil-restores-whatsapp-service-after-brief-blockade-over-facebook-case | New York Times | Washington Post | The Verge
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AT UN, CHINA TRIES TO INFLUENCE FIGHT OVER INTERNET CONTROL
[SOURCE: New York Times, AUTHOR: Dan Levin]
Over the last six months, United Nations diplomats have negotiated over the text of a document set to define the policies and frameworks of how the Internet is governed in the future, and who has a role in the process. The final version presented on Dec 16 before the General Assembly contains a word that civil society groups, businesses and many Western governments oppose: multilateral. Multilateral is code for states making the rules. The inclusion of the word was largely spearheaded by China, which worked to enshrine state control over the Internet in the document, said negotiators who were involved in the process. During the discussions, representatives from China demanded repeatedly that the word be included, according to participants and draft versions of the document that laid out which countries made each submission. "China has been very active in the negotiations at pushing for more state control over how people get online and who has access to data,” said Peter Micek, global policy and legal counsel for Access Now, a digital-rights organization based in New York that was involved in the negotiation efforts. The outcome document, presented at a United Nations meeting known as the Ten-Year Review of the World Summit on the Information Society, is an indication of how China is trying to assert its influence over how the Internet will be governed.
benton.org/headlines/un-china-tries-influence-fight-over-internet-control | New York Times
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IT TARIFFS SLASHED IN BIGGEST WORLD TRADE ORGANIZATION DEAL SINCE 1996
[SOURCE: Financial Times, AUTHOR: John Aglionby]
More than 50 members of the World Trade Organization concluded the biggest tariff-reduction deal in almost two decades, eliminating restrictions on the $1.3 trillion trade of 201 information technology (IT) products. The expansion of the 1996 Information Technology Agreement will increase global gross domestic product by $190 billion a year, according to IT experts, as the costs are cut in trading goods from GPS devices and video game consoles to next-generation semiconductors. Trade ministers said it would also help reinvigorate the WTO, which is deeply divided over its failure to break the years-long deadlock in negotiations over the 2001 Doha Development Agenda. Although some important classes of products are not included, among them LED displays and lithium ion batteries, experts hailed the deal as a big breakthrough for multilateral trade negotiations.
benton.org/headlines/it-tariffs-slashed-biggest-wto-deal-1996 | Financial Times
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