March 2016

March 30, 2016 (More Apple/FBI News)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for WEDNESDAY, MARCH 30, 2016

FBI & APPLE
   Feds drop fight with Apple, But the larger battle between privacy and security is far from over
   Rep Issa Responds to FBI Successfully Opening iPhone in Apple/FBI Dispute - press release [links to Benton summary]
   Apple declares victory in battle with FBI, but the war continues [links to Benton summary]
   The Apple/FBI standoff in limbo: What’s next? - AEI op-ed [links to Benton summary]
   Apple likely can’t force FBI to disclose how it got data from seized iPhone [links to Benton summary]
   FBI vs. Apple: How both sides were winners and losers [links to Los Angeles Times]
   The FBI gained access to the iPhone — but we had already lost our privacy [links to Washington Post]

INTERNET/BROADBAND & LIFELINE
   Remarks of FCC Commissioner O'Rielly Before American Action Forum - speech
   Statement of Commissioner Ajit Pai on Modernizing the Lifeline Program in a Fiscally Responsible Way - press release
   Expand Lifeline, But Keep Consumer Choice - ITIF [links to Benton summary]
   CBO Scores the No Rate Regulation of Broadband Internet Access Act - research [links to Benton summary]
   American Cable Association: Net neutrality rules for Netflix! (But not for us) [links to Benton summary]
   China Seeks More Legal Muscle to Block Foreign Websites

ELECTIONS & MEDIA
   President Obama scolds media for enabling Trump
   Corey Lewandowski, Trump's Campaign Manager, Charged With Battery of Reporter
   Donald Trump isn’t retreating on Corey Lewandowski. He’s tripling down. [links to Washington Post]
   Op-Ed: Donald Trump: When the Media Flirts With White Supremacy [links to Huffington Post]
   No, the media didn’t create Trump - press release [links to Benton summary]
   Donald Trump vs. Ted Cruz Creates a Headache for Talk Radio Hosts [links to New York Times]
   Second judge opens door to depositions in Clinton email case [links to Hill, The]

POLICYMAKERS
   Privacy and Civil Liberties Oversight Board Chair Resigning
   Commerce Sec Penny Pritzker Announces Appointees to Inaugural Digital Economy Board of Advisors - press release

SECURITY/PRIVACY
   President Obama extends cyber sanctions power [links to Benton summary]
   Op-Ed: Idea to retire: Information security is IT security [links to Brookings]
   Why hackers are going after health-care providers - WaPo analysis [links to Benton summary]

ACCESSIBILITY
   Twitter now lets users add image descriptions to help the visually impaired [links to Verge, The]

CONTENT
   SoundCloud Starts Subscription Plan, Taking On Spotify and Apple [links to New York Times]
   How we’re unwittingly letting robots censor the Web [links to Washington Post]

WIRELESS/SPECTRUM
   'Spectrum extravaganza': Auction gets underway [links to Benton summary]
   FAB Telemedia Files New Spectrum Auction Challenge [links to Benton summary]
   Spectrum Auction Elections Due March 29 [links to Broadcasting&Cable]
   How will the Internet of Things look by 2025? [links to Pew Research Center]

GOVERNMENT & COMMUNICATIONS
   Second judge opens door to depositions in Clinton email case [links to Hill, The]
   Why Technological Innovation Relies on Government Support - The Atlantic op-ed [links to Benton summary]

JOURNALISM
   Independent local opinion writing is essential—and endangered. Can we redesign it for survival? [links to Columbia Journalism Review]

HEALTH
   Why hackers are going after health-care providers - WaPo analysis [links to Benton summary]

DIVERSITY
   The tech industry wants to use women’s voices – they just won't listen to them - The Guardian [links to Benton summary]
   It isn't all horror stories for women in tech [links to CNNMoney]

COMPANY NEWS
   AT&T adds unlimited home Internet plan to its U-verse service [links to Verge, The]
   Introducing Fiber Phone [links to Google]
   AT&T Drives GigaPower Deeper into LA [links to Multichannel News]

STORIES FROM ABROAD
   China Seeks More Legal Muscle to Block Foreign Websites
   Iran’s ‘National Internet’ Offers Connectivity at the Cost of Censorship [links to Vice]

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FBI & APPLE

FEDS DROP FIGHT WITH APPLE, FIGHT NOT OVER
[SOURCE: Politico, AUTHOR: Josh Gerstein, Joseph Marks, Alex Byers, Darren Goode]
The federal government dropped its bid to force Apple to help unlock an iPhone used by a shooter in 2015's terrorist attack in San Bernardino (CA) saying the FBI has succeeded in accessing the data on the device. The development scuttles — for now — what was shaping up as a momentous court fight between the US government and technology companies that are increasingly turning to encryption to secure phones and computers against the prying eyes of both hackers and law enforcement. But the Justice Department refused to rule out taking other tech companies to court to force their aid in cracking encryption used by terrorists or criminals. That means this pause in the struggle between privacy and security is most likely just a ceasefire, advocates on both sides of the debate agreed. "We're gonna be right back here in six months or a year," said Chris Soghoian, principal technologist at the American Civil Liberties Union. "There will be a future phone that will be more secure, with a new version of [the phone's operating system]. If the government cannot hack it they'll go right back to the courts." Senate Intelligence Chairman Richard Burr (R-NC), a major critic of tech companies that refuse to cooperate with law enforcement, agreed that the Apple-FBI skirmish was just one instance of a larger struggle that remains unresolved. "This is just one example of what I fear we will face in the future many, many times," Chairman Burr said. Future cases will occur "not only in terrorism but in regular criminal prosecution, where we've got to get into electronic devices."
benton.org/headlines/feds-drop-fight-apple-larger-battle-between-privacy-and-security-far-over | Politico | The Verge | Washington Post
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INTERNET/BROADBAND & LIFELINE

REMARKS OF O'RIELLY BEFORE AMERICAN ACTION FORUM
[SOURCE: Federal Communications Commission, AUTHOR: FCC Commissioner Michael O'Rielly]
The subject matter of the upcoming panel - “Shining the Spotlight on the FCC: How Rules Impact Consumers and Industries” – is fitting given all of the activity at the Federal Communications Commission over the last two plus years. By reinterpreting outdated law and precedent in creative (and destructive) ways, there is little doubt that the Commission’s leadership has attempted to assert its prominence above that of the private sector. I will briefly discuss two current examples: the move to expand the Lifeline program without instituting any real cost control, and the regulatory tunnel vision that allowed Netflix to downgrade its services to certain consumers while crying wolf about the potential for Internet service providers to do the same thing and demanding an overhaul of the entire communications landscape to stop them. I have long argued that Lifeline should have a budget, and I believe that the program can be reformed to include broadband while staying within reasonable fiscal limits. However, the Commission majority appears determined to barrel ahead with a fig-leaf mechanism that doesn’t resemble any reasonable definition of the word “budget.” Given the [recent] developments, I want to share with you my thoughts on the revelation that Netflix has been actively downgrading the video quality of its service delivered over certain wireless networks. Netflix has attempted to paint a picture of altruism whereby it virtuously sought to save these consumers from bumping up against or exceeding their data caps. There is no way to sugarcoat it: the news is deeply disturbing and justly generates calls for government – and maybe even Congressional – investigation.
benton.org/headlines/remarks-fcc-commissioner-orielly-american-action-forum | Federal Communications Commission | The Hill | Broadcasting & Cable
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PAI STATEMENT ON LIFELINE MODERNIZATION
[SOURCE: Federal Communications Commission, AUTHOR: FCC Commissioner Ajit Pai]
Modernizing the Federal Communications Commission’s Lifeline program to support affordable, high-speed Internet access for our nation’s poorest families is a worthy goal. But failing to clean up the waste, fraud, and abuse in the program puts the entire enterprise in jeopardy. That’s why I’ve proposed to my colleagues a compromise to update the Lifeline program in a fiscally responsible way.
First, I have proposed an annual budget of $1.75 billion. This is enough money to offer Lifeline supported Internet access to every single Lifeline-qualifying household that isn’t online today, as well as to maintain landline voice service as proposed by FCC Chairman Tom Wheeler.
Second, I have proposed an enforceable budget mechanism that automatically reduces payments to carriers when the estimated costs of the program would exceed the budget.
Third, I have proposed to eliminate the “enhanced” subsidy in counties with more than 50 people per square mile. This $25 per subscriber subsidy was intended to support the construction of facilities in Indian Country, but has instead encouraged abuse of the program in large cities (like Tulsa (OK) and Reno (NV)) and suburban communities (like Chandler (AZ)).
Fourth, I have proposed to set minimum standards of 25 Mbps for fixed broadband services and 4G LTE for mobile broadband services. As Chairman Wheeler has put it, these speeds are “table stakes” for digital consumers in the 21st century. I believe low-income families and students deserve a seat at the table.
We have a rare chance to modernize the Lifeline program and restore fiscal discipline to the Universal Service Fund. I hope my colleagues will join me and make this a bipartisan effort.
benton.org/headlines/statement-commissioner-ajit-pai-modernizing-lifeline-program-fiscally-responsible-way | Federal Communications Commission | Broadcasting & Cable
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ELECTIONS & MEDIA

PRESIDENT OBAMA SCOLDS MEDIA FOR ENABLING TRUMP
[SOURCE: Politico, AUTHOR: Sarah Wheaton]
President Barack Obama spoke directly to political journalists with a message that was part pep talk and part scolding to the Fourth Estate. President Obama delivered the keynote address at a dinner for 2016’s winner of an award for political reporting named for the late Robin Toner, who served as The New York Times’ top political correspondent before her death in 2008, shortly after President Obama’s historic election. President Obama used the speech as yet another chance to decry the politics of Donald Trump, this time highlighting the media’s role in the mogul’s fact-indifferent campaign. “It’s worth asking ourselves what each of us — as politicians, as journalists, but most of all as citizens — may have done” to create the polarized political atmosphere, President Obama said. “Some may be more to blame than others for the current climate, but all of us are responsible for reversing it.” The job of a political reporter, he said, is “more than just handing someone a microphone.” President Obama continued, “It’s to probe and to question and to dig deeper.” President Obama expressed sympathy for reporters who are grappling with the changes in their industry, acknowledging that market forces and changing technology make it harder than ever for those driven by a sense of small-D democratic mission to fulfill it. “The choice between what cuts into your bottom lines and what harms us as a society is important. You have to choose which price is higher to pay, which cost is harder to bear,” President Obama said.
benton.org/headlines/president-obama-scolds-media-enabling-trump | Politico | Read the Remarks | Washington Post | The Hill
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TRUMP CAMPAIGN MANAGER CHARGED WITH BATTERY
[SOURCE: NPR, AUTHOR: Brian Naylor]
Police in Jupiter (FL) have charged Donald Trump's campaign manager with battery for allegedly grabbing a reporter for Breitbart news following a Trump campaign rally earlier in March. Corey Lewandowski is charged with one count of simple battery. According to the arrest report, the reporter, Michelle Fields, told police that she asked Trump a question after the March 8 event, as he was making his way toward the exit of the ballroom at the Trump National Golf Club, and felt someone "yank her left arm." She then asked a Washington Post reporter standing nearby "if it was 'Corey' who grabbed her." The Post reporter, Ben Terris, confirmed it was Lewandowski who had grabbed her arm. Lewandowski has previously denied involvement in the incident, calling Fields "totally delusional". However video tape released by the Jupiter Police Department appears to show Lewandowski grabbing Fields as she walked along side Trump. Lewandowski has agreed to a court appearance on May 4. Speaking to reporters on his plane in Wisconsin, Trump backed his campaign manager, saying Lewandowski was "very seriously maligned," and said he would remain in his job. "I don't discard people," Trump said. Trump also claimed Fields grabbed him, and he disputed the charge that Lewandowski bruised Fields, saying "wouldn't you think she would have yelled out a scream if she had bruises on her arm?" He said Fields could have had the bruises before the incident with Lewandowski. "How do you know those bruises weren't there before?"
benton.org/headlines/corey-lewandowski-trumps-campaign-manager-charged-battery-reporter | NPR | Vox | Washington Post
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POLICYMAKERS

PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD CHAIR RESIGINING
[SOURCE: The Hill, AUTHOR: Julian Hattem]
The first-ever head of a small federal privacy watchdog is resigning this summer, a year and a half before his term ends in 2018. The surprise announcement from David Medine, chairman of the Privacy and Civil Liberties Oversight Board (PCLOB), will leave a hole at the top of the five-member board, which has been instrumental to shining a light on the National Security Agency (NSA). President Barack Obama said that Medine’s tenure took place “during an especially momentous period, coinciding with a concerted examination of our national security tools and policies to ensure they are consistent with my administration's commitment to civil liberties and individual privacy. “Under David's leadership, the PCLOB's thoughtful analysis and considered input has consistently informed my decision-making and that of my team, and our country is better off because of it,” President Obama added. The privacy board has served as a crucial tool for critics of the NSA’s expansive surveillance powers in the years since former NSA contractor Edward Snowden’s 2013 leaks about the agency. Medine came to the PCLOB after stints at the Securities and Exchange Commission and the Consumer Financial Protection Bureau. He had also worked in the White House’s National Economic Council, the Federal Trade Commission and the law firm WilmerHale. His resignation will take effect July 1. The privacy board said that Medine will leave his post to work at a development organization focusing on data privacy and consumer protection issues for people in developing countries. Medine said that he will continue his work on the board until he leaves office. It's unclear whether the executive order analysis will be finished by the time he leaves.
benton.org/headlines/privacy-and-civil-liberties-oversight-board-chair-resigning | Hill, The | Broadcasting & Cable
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SEC PRITZKER ANNOUNCES APPOINTEES TO DIGITAL ECONOMY BOARD OF ADVISORS
[SOURCE: Department of Commerce, AUTHOR: Press release]
US Commerce Secretary Penny Pritzker announced the appointment of 17 distinguished leaders with a wide range of expertise on digital policy and economic issues to serve on the US Commerce Department’s Digital Economy Board of Advisors, which will provide recommendations on ways to advance economic growth and opportunity in the digital age. November 2015, Sec Pritzker committed to creating a Board of Advisors as a mechanism for ensuring private sector input and support for the Department’s new Digital Economy Agenda, which is focused on promoting innovation, a free and open Internet, trust online, and Internet access for all Americans. Zoë Baird, CEO and President of the Markle Foundation, and Mitchell Baker, Executive Chairwoman of Mozilla, will serve as co-chairs of the new digital economy board. The appointees, who will serve two-year terms, were chosen from a large pool of highly-qualified applicants from industry, civil society and academia to provide expertise from a variety of viewpoints. The board will provide recommendations to the Secretary of Commerce through NTIA, which is responsible for advising the President on telecommunications and information policy issues. Alan Davidson, the Commerce Department’s Director of the Digital Economy who helped develop the board, will engage with the board on its agenda and work with the Secretary and NTIA to implement the board’s recommendations.
benton.org/headlines/commerce-sec-penny-pritzker-announces-appointees-inaugural-digital-economy-board-advisors | Department of Commerce | Broadcasting & Cable
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STORIES FROM ABROAD

CHINA SEEKS MORE LEGAL MUSCLE TO BLOCK FOREIGN WEBSITES
[SOURCE: Wall Street Journal, AUTHOR: Josh Chin, Eva Dou]
China is considering new Internet rules that would pressure service providers to cut off access to foreign websites, adding to the government’s growing legal framework bolstering its control of cyberspace. The proposed rules would prohibit the country’s Internet-service providers from allowing connections to websites with domains, or Web addresses, registered outside China. Violators would face fines of up to 30,000 yuan ($4,621) and public notices exposing their failure to obey. The new guidelines are part of a set of draft revisions to Chinese regulations on the management of Internet domain names, posted for public comment on a government website. If fully implemented, the regulations would effectively wall off the world’s most populous country from vast swaths of the Internet. Other, similar rules have been weakly enforced in the past, but with Chinese President Xi Jinping dramatically tightening political controls, it is unclear how meaningful the changes would be, analysts said. “They can always backtrack since it’s vague and enforcement is sometimes lax, but given the current climate, it seems to be in line with the increasing crackdown on press and Internet freedom,” said Lokman Tsui, an expert in media and technology policy at Chinese University of Hong Kong.
benton.org/headlines/china-seeks-more-legal-muscle-block-foreign-websites | Wall Street Journal
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Remarks of FCC Commissioner O'Rielly Before American Action Forum

The subject matter of the upcoming panel - “Shining the Spotlight on the FCC: How Rules Impact Consumers and Industries” – is fitting given all of the activity at the Federal Communications Commission over the last two plus years. By reinterpreting outdated law and precedent in creative (and destructive) ways, there is little doubt that the Commission’s leadership has attempted to assert its prominence above that of the private sector. I will briefly discuss two current examples: the move to expand the Lifeline program without instituting any real cost control, and the regulatory tunnel vision that allowed Netflix to downgrade its services to certain consumers while crying wolf about the potential for Internet service providers to do the same thing and demanding an overhaul of the entire communications landscape to stop them.

I have long argued that Lifeline should have a budget, and I believe that the program can be reformed to include broadband while staying within reasonable fiscal limits. However, the Commission majority appears determined to barrel ahead with a fig-leaf mechanism that doesn’t resemble any reasonable definition of the word “budget.” Given the [recent] developments, I want to share with you my thoughts on the revelation that Netflix has been actively downgrading the video quality of its service delivered over certain wireless networks. Netflix has attempted to paint a picture of altruism whereby it virtuously sought to save these consumers from bumping up against or exceeding their data caps. There is no way to sugarcoat it: the news is deeply disturbing and justly generates calls for government – and maybe even Congressional – investigation.