March 2016

DC parent: How data-obsessed school reform helps drive rising inequality in nation’s capital

If there is one thing it is safe to say about school reform in Washington (DC) public schools — seen as a model across the country — it is that the people in charge love to use data — especially that gleaned from standardized test scores. In this post, a DC parent expressed — in just a few minutes — 15 years of frustration at data-obsessed school reform in the district and its effect on students. This was written by Natalie Hopkinson, Ph.D., a writer and scholar currently researching her third book on culture. In addition to publishing essays, features and books, she does applied community projects that often explore the arts, gender, place and identity as a fellow of the Interactivity Foundation.

Benton Applauds the FCC as It Considers Broadband Privacy Protections

Earlier today, the Federal Communications Commissions voted to launch a Notice of Proposed Rulemaking (NPRM) seeking public comment on a proposed framework for ensuring that consumers have the tools they need to make informed choices about how their data is used and when it is shared by their broadband providers. The following statement may be attributed to Amina N. Fazlullah, Policy Director at the Benton Foundation:

To narrow the digital divide, the FCC should not simply extend Lifeline to broadband

Expanding Lifeline will not close the digital divide. The Federal Communications Commission is absolutely right that more should be done to reduce the broadband gap for low-income Americans. But it is unlikely that simply extending Lifeline will help do so. Lifeline needs revolutionary, not just evolutionary, change.

One of the biggest difficulties is that the FCC has not studied in depth the drivers of the low-income broadband gap or understood how to best spend its subsidy dollars. Without such a study, we cannot determine whether, for example, it’s better to give $9 per month to 13 million households, as the FCC suggests, or $45 per month to 2.6 million households. As more activities move online, it is becoming increasingly important to narrow the digital divide by helping those who cannot afford Internet access. The FCC’s $2.25 billion proposal to expand the Lifeline telephone assistance program into a monthly broadband subsidy is unlikely to narrow the digital divide. Congress should adopt a comprehensive approach that encompasses digital literacy outreach programs and low-cost equipment plans as well as monthly service plan subsidies.

In FBI hacks, tech firms get left in the dark as feds resist call to divulge secrets

Even when courts compel law enforcement agencies to reveal the ways they hack into technology products, it's criminal suspects — not the makers of hardware or software — who are most likely to learn the details. As Apple considers legal tactics that could force the FBI to share how it unlocked an iPhone belonging to one of the San Bernardino (CA) shooters, a federal court case in Washington illuminates how the judicial process can leave the tech world in the dark.

The case involves the Tor browser, which is popular among activists, dissidents, journalists — and those who want to mask their identities when surfing online. The FBI hacked the browser as part of a sweeping child pornography investigation that led to 1,300 suspects. In one of the cases, a judge has ordered that the FBI give defense attorneys details about the software flaw that allowed the FBI to identify suspect Jay Michaud of Vancouver (WA) whose prosecution has been at the forefront of the investigation. But prosecutors opposed the ruling in a heavily redacted document. They say the defense already has enough information to analyze the operation. And former federal prosecutors say disclosing the vulnerability takes away the ability to use the technique to nab more offenders. But technology developers and privacy activists fear that consumers' safety could be put at risk if the Tor issue turns out to be an unpatched bug. The tension will manifest in "much more litigation to understand the techniques used to capture individuals," said Michael Zweiback, an attorney at Alston & Bird and former chief of the Justice Department's cybercrimes section. The issue will not go away as the FBI's growing interest in probing the Internet for criminal activity will require using "techniques that are more proactive — that are recognized exploits — to get access to information," Zweiback said.

FBI agrees to unlock iPhone, iPod in Arkansas homicide case

The FBI agreed to help an Arkansas prosecutor unlock an iPhone and iPod belonging to two teenagers accused of killing a couple, just days after the federal agency announced it had gained access to an iPhone linked to the gunman in a mass shooting in California. Faulkner County Prosecuting Attorney Cody Hiland said the FBI agreed to the request from his office and the Conway Police Department on March 30. A judge on March 29 agreed to postpone the trial of 18-year-old Hunter Drexler so prosecutors could ask the FBI for help.

The FBI announced that it had gained access to an iPhone belonging to Syed Farook, who died with his wife in a gun battle with police after they killed 14 people in San Bernardino (CA) in December. The FBI hasn't revealed how it cracked Farook's iPhone. Authorities also haven't said whether the iPhone and iPod in the Arkansas case are the same models or whether the FBI will use the same method to try to get into the devices. Hiland said he could not discuss details of the murder case in Arkansas, but confirmed the FBI had agreed less than a day after the initial request. The move indicates the FBI may be able to use a recently discovered vulnerability to widely access secure iPhones in police custody.

Spy office denies allegations that NSA data will be used for policing

A top lawyer for the nation’s intelligence agencies is pushing back on mounting criticism about new plans to widely share intercepted data throughout the federal government. Robert Litt, the general counsel for the Office of the Director of National Intelligence, confirmed that the change in policy is “in the final stages of development and approval,” in a post on national security legal blog. But Litt denied allegations that the change would allow the FBI and other agencies to use the sensitive data for domestic law enforcement matters, which members of Congress had speculated could be unconstitutional.

“There will be no greater access to signals intelligence information for law enforcement purposes than there is today,” Litt claimed. “These procedures will only ensure that other elements of the intelligence community will be able to make use of this signals intelligence if it is relevant to their intelligence mission.” The post follows mounting scrutiny on US intelligence agencies following a report in February that the administration is in the process of expanding the National Security Agency’s (NSA) ability to share information without first adding privacy protections. Earlier in March, a bipartisan pair of House lawmakers warned that the potentially “unconstitutional” and “dangerous” move might allow law enforcement agencies like the FBI to use the NSA’s data — which is collected in the course of its foreign intelligence work — for policing matters within the US.

Painful Comcast cancellation phone calls targeted by California legislation

Proposed legislation in California would require Internet service providers to let customers cancel online, potentially ending the scourge of long, awkward cancellation phone calls. "You've seen the ads from companies that advertise the ease of signing up for their cable or Internet service over the Web," said California State Assemblyman Mike Gatto (D-43). "However, if individuals decide to cancel those same services, they're often forced to suffer through infuriating, time-consuming phone calls, often spending hours on hold." Assemblyman Gatto's bill is simple, saying, "If a cable or Internet service provider enables an individual to subscribe to its services through an Internet Web site, it shall also enable all of its customers to cancel their subscriptions through the Internet Web site."

Temkin: Pay TV, ISPs Garner Most Consumer Complaints

In a survey of 10,000 consumers for 315 companies across 20 industries, it was pay TV and Internet service providers (ISPs) scoring dead last when it comes to consumer satisfaction, according to a new report.

More than 21% of ISP and more than 20% of pay TV customers reported a bad experience with their service in the past six months, a rate “considerably above” any other industry, according to Bruce Temkin, managing partner of Temkin Group, the Waban (MA)-based customer experience research firm which conducted the annual survey. A distant third on the list of industries with the most complaints was wireless at 12.5%. The industries with the least complaints were retailers and grocery stores, at about 4% each. Among all companies, Time Warner Cable (27%) and Comcast (27%) scored No. 2 and No. 3, respectively, for the highest level of consumers reporting bad experiences. Only now-defunct airline AirTran Airways scored worse (28%). HSBC Bank logged in at No. 4 with 25% of its customers complaining about their business relationship.