April 2016

Justice Department withdraws another demand for Apple’s help with passcode

The Justice Department notified a federal court in Brooklyn that it no longer needs Apple’s help in pulling data from a drug dealer’s iPhone after someone came forward with a passcode.

The surprise notice marked the second time in less than a month that the government withdrew its demand for Apple’s help and brought to a close a closely-watched legal battle over the government’s authority to force technical assistance from a tech firm. The unnamed individual provided the passcode and the government was then able to gain access to the iPhone, US Attorney Robert L. Capers wrote in a one-paragraph submission to Judge Margo K. Brodie in the Eastern District of New York.

Stonewalled by NSA, Members of Congress Ask Really Basic Question Again

A bipartisan group of lawmakers is none too happy that the executive branch is asking them to reauthorize two key surveillance programs next year without answering the single most important question about them.

The programs, authorized under Section 702 of the Foreign Intelligence Surveillance Act, are called PRISM and Upstream. PRISM collects hundreds of millions of Internet communications of “targeted individuals” from providers such as Facebook, Yahoo, and Skype. Upstream takes communications straight from the major US internet backbones run by telecommunications companies such as AT&T and Verizon and harvests data that involves selectors related to foreign targets. But both programs, though nominally targeted at foreigners overseas, inevitably sweep up massive amounts of data involving innocent Americans. The question is: How much? The government won’t answer. Fourteen members of the House Judiciary Committee sent a letter to Director of National Intelligence James R. Clapper asking for at least a rough estimate.

Five Internet powerbrokers who could shape the election

The presidential election is increasingly being waged online, giving an outsized influence to Internet powerbrokers. Social media has become one of the most powerful ways to reach voters, with candidates in both parties using the technology to raise money, distribute ads and win over supporters. Online news and video sites, meanwhile, have become a place where the campaigns compete to “drive the narrative” with their preferred storylines.

Here are five online influencers who could make their presence felt in the 2016 race: 1) Mark Zuckerberg/Facebook, 2) Matt Drudge/Drudge Report, 3) John Oliver/Last Week Tonight, 4) Arianna Huffington/ Huffington Post, and 5) Erin Hill/ActBlue.

At schools with sub-par Internet, kids face a poor connection with modern life

The financial decisions of telecom companies have put rural students at a disadvantage, leaving some without basic digital abilities that many in America take for granted. Federal regulators are working toward a fix for these out-of-reach of schools, but it’s unclear to what extent these efforts will solve the problem.

The schools with sub-par Internet are scattered around the country, spanning from the far-flung communities of Alaska to the desert towns of New Mexico. The danger is that students who attend these schools will struggle for years with the critical tasks that now require online fluency: applying to colleges, researching papers, looking for jobs. “This is essentially the definition of the digital divide in education,” said Evan Marwell, EducationSuperHighway founder and chief executive. “Students on the wrong side don’t have the same opportunity to compete.” Marwell added that “the providers are kind of done building to all the areas they can rationalize on their own. So we need to figure out how to get it to those last places.”

AT&T is reaching out to low-income Americans with $10 Internet service

AT&T says it is now offering discounted Internet service to low-income Americans who receive food stamps, following in the footsteps of some of its biggest rivals. The program, called Access from AT&T, lets eligible households sign up for basic wired broadband that starts at $5 a month for download speeds of 5 Mbps. It also offers faster speed tiers of 5 Mbps and 10 Mbps, both of which cost $10 a month.

Access from AT&T resembles low-cost Internet programs run by other Internet providers. Comcast, for instance, runs a service called Internet Essentials that offers 10 Mbps download speeds for $10 a month, primarily to households with children who qualify for free or reduced-price school lunches. And Google Fiber, meanwhile, has been actively working with the Obama Administration to put its high-speed services in public housing. It's currently revamping its program for low-cost Internet; the new plans will cost $15 a month for speeds of 25 Mbps. The program from AT&T could help some Americans connect cheaply to the Web. With Access, AT&T is following through on a voluntary offer it made during discussions with regulators as it was trying to secure approval for its merger with DirecTV, according to officials from the Federal Communications Commission.

There is a catch to the program, though. For starters, customers who've demonstrated their eligibility for Access will be automatically assigned to the fastest speed tier available in their region — they won't be able to choose a slower, cheaper plan even if that's what they would prefer. Meanwhile, Access from AT&T is a time-limited program; it'll run only until April 2020 before customers will presumably need to find another plan.

Google's Remarkably Close Relationship with the Obama White House

Over the past seven years, Google has created a remarkable partnership with the President Barack Obama White House, providing expertise, services, advice, and personnel for vital government projects. The Intercept teamed up with Campaign for Accountability to present two revealing data sets from that forthcoming project: one on the number of White House meetings attended by Google representatives, and the second on the revolving door between Google and the government.

Google representatives attended White House meetings more than once a week, on average, from the beginning of President Obama’s presidency through October 2015. Nearly 250 people have shuttled from government service to Google employment or vice versa over the course of his Administration. No other public company approaches this degree of intimacy with government. According to an analysis of White House data, the Google lobbyist with the most White House visits, Johanna Shelton, visited 128 times, far more often than lead representatives of the other top-lobbying companies — and more than twice as often, for instance, as Microsoft’s Fred Humphries or Comcast’s David Cohen. Google’s dramatic rise as a lobbying force has not gone unnoticed. The company paid almost no attention to the Washington influence game prior to 2007, but ramped up steeply thereafter. It spent $16.7 million in lobbying in 2015, according to the Center for Responsive Politics, and has been at or near the top of public companies in lobbying expenses since 2012.

National Security Letters are now constitutional, judge rules

A Judge who in 2013 declared that National Security Letters (NSLs) were unconstitutional has now changed her mind in an unsealed ruling made public April 21. Federal investigators issue tens of thousands of NSLs each year to banks, Internet service providers, car dealers, insurance companies, doctors, and others. The letters, which demand personal information, don't need a judge's signature and come with a gag to the recipient that forbids the disclosure of the NSL to the public or the target. Amendment right to privacy, as the courts have generally stated that the information sought in the letters is a business record not protected by the Constitution. Instead, the legal fight is about the First Amendment.

US District Judge Susan Illston ruled three years ago that NSLs were an unconstitutional infringement of speech. But following her ruling, the law was changed to allow the recipients of the letters in certain and very limited circumstances to disclose their existence—albeit with numerous caveats. The law's change "cures the deficiencies previously identified by this Court," Judge Illston wrote. The Judge also pointed out that the attorney general adopted new disclosure procedures as well.