January 2016

Sponsored Data and Net Neutrality: Will Verizon FreeBee Avoid Problems?

Verizon announced a new sponsored data offering dubbed FreeBee that will enable wireless customers to view some mobile content without having it count against their monthly data allotments. Verizon FreeBee sounds a bit like the sort of offering network neutrality advocates hoped to prevent. But at the time Verizon announced its own Go90 content offering, a Verizon executive said the company also would offer a sponsored content option for the service and that it expected to avoid net neutrality issues by offering sponsorship options to other content providers as well.

Verizon likely will argue that the service isn’t paid prioritization because it doesn’t involve traffic engineering in the network. And because Verizon is offering the service to Go90 competitors, the company likely expects to avoid running afoul of the net neutrality guideline that prevent carriers from favoring their own content offerings.

VPN providers mad about Netflix crackdown but say they can evade it

With Netflix saying it intends to disable video when customers use virtual private network (VPN) services, VPN providers are criticizing the online video company and vowing to evade any measures designed to prevent their use. Under pressure from content owners, Netflix said that it will step up enforcement against subscribers who use VPNs, proxies, and unblocking services to view content not available in their countries. But even Netflix acknowledges that it's "trivial" for VPN providers to avoid blocks by switching IP addresses, and VPN providers say they're ready.

SlickVPN, a VPN service, said that, "If we find that our IP addresses start to become blocked we’ll migrate to new IPs as needed." VyprVPN, maker Golden Frog, wrote a blog post protesting Netflix's announcement, arguing that many of its customers use VPNs to avoid Internet service provider-level "throttling" or to boost privacy and security. "I have to use VyprVPN to watch Netflix when abroad," Golden Frog President Sunday Yokubaitis wrote. "It seems fair, though. I have a USA Netflix account (and billing address) so I should be able to watch Netflix. If Netflix blocks VPNs, then I would have to either subject myself to insecure hotel Wi-Fi or watch TV in a foreign language. Why can’t I just use the service I have paid for when I’m traveling?"

The Color of Surveillance

[Commentary] We now find ourselves in a new surveillance debate — and the lessons of the Rev Dr Martin Luther King, Jr FBI surveillance scandal should weigh heavy on our minds. A few months after the first Edward Snowden revelation, the National Security Agency disclosed that it had itself wiretapped Dr King in the late 1960s. Yet what happened to Dr King is almost entirely absent from our current conversation. In NSA reform debates in the House of Representatives, Dr King was mentioned only a handful of times, usually in passing. And notwithstanding a few brave speeches by Sens such as Patrick Leahy (D-VT) and Rand Paul (R-KY) outside of the Senate, the available Senate record suggests that in two years of actual hearings and floor debates, no one ever spoke his name.

There is a myth in this country that in a world where everyone is watched, everyone is watched equally. It’s as if an old and racist J. Edgar Hoover has been replaced by the race-blind magic of computers, mathematicians, and Big Data. The truth is more uncomfortable. Across our history and to this day, people of color have been the disproportionate victims of unjust surveillance; Hoover was no aberration. And while racism has played its ugly part, the justification for this monitoring was the same we hear today: national security.

[Alvaro Bedoya is the founding executive director of the Center on Privacy and Technology at Georgetown Law]

Sen Sanders wants more media coverage. He should be careful what he wishes for.

[Commentary] Sen Bernie Sanders (I-VT) seems to believe that more attention from the mainstream media would help his insurgent bid for the Democratic presidential nomination. When a study published in December showed the Vermont senator receiving scant coverage from the nightly network newscasts, he asked supporters to sign a petition demanding increased air time. It's hard to argue at this point that Sen Sanders hasn't far exceeded expectations and has a real and increasing shot at the nomination. Why would you be messing with success?

Considering the kind of coverage — however limited — that Sen Sanders has received, it’s easy to understand why he would crave more of it. An affable underdog, he has been largely portrayed in a highly favorable light. If Sen Sanders gets the front-runner treatment he claims to want — like, say, if he wins Iowa and/or New Hampshire — things will change in a hurry. Just ask Dr Ben Carson, whose media narrative was about captivating voters with an inspiring personal biography — until he surged to the front of the Republican pack. Then the story quickly became about his poor grasp of foreign policy. With prominence comes scrutiny.

RNC to broadcast outlets: No ‘gotcha’ questions, or else

[Commentary] When the Republican National Committee levels a threat, take note. Last October, it expressed dismay with the work of CNBC moderators at the third GOP presidential primary debate. Those folks, said RNC Chairman Reince Priebus, messed up. “While debates are meant to include tough questions and contrast candidates’ visions and policies for the future of America, CNBC’s moderators engaged in a series of ‘gotcha’ questions, petty and mean-spirited in tone, and designed to embarrass our candidates,” Priebus wrote in a letter to NBC News Chairman Andy Lack. Commentators liberal, conservative and ideologically quirky sided with Priebus’s judgment.

The RNC, accordingly, suspended NBC News’s participation in the Super Tuesday GOP debate in Houston (TX) on Feb 26. For a couple of months, the event’s status hung in limbo. Jan 18, the RNC resolved things, dropping NBC News and handing the event to CNN, which has already produced two GOP debates — one in Simi Valley (CA) in September, and another in Las Vegas (NV) in December — and which is scheduled to do another debate in March. Apparently the RNC didn’t pay too much heed to the argument that CNBC and NBC News are overseen by different management teams. The switcheroo will leave a tangled alliance at the center of the debate: CNN will partner with original debate co-hosts Telemundo (a property of NBCUniversal) and National Review; Salem Communications, which has partnered with CNN in its previous dates, will also participate.

AT&T Filing to Discontinue Operator Services Offers a Blast from the Past

Collect calls could become a thing of the past if AT&T has its way. The company has filed a petition with the Federal Communications Commission for permission to discontinue the service, along with other operator assisted offerings such as international directory assistance. The move represents AT&T’s latest attempt to rid itself of having to offer services it considers obsolete. The highest-profile of these efforts is on the network side, where the company is working toward transitioning from today’s copper and time-division multiplexing (TDM) based networks to advanced networks based on fiber, wireless and IP. But as the operator services filing illustrates, modernizing the telecommunication business will involve more than just the network.