April 2016

Apple Gets Thousands of Requests From Law Enforcement, Transparency Report Shows

Even as Apple and the US government disagree over how much the company should help investigators extract data from locked iPhones, law enforcement continues to frequently seek Apple’s help. US law enforcement sought information from Apple 4,000 times, covering 16,112 devices, in the second half of 2015, according to Apple’s biannual transparency report, released April 19.

The numbers increased from the first half of 2015, but fell compared with the second half of 2014. Apple said it handed over some data in 80% of the cases in the second half of 2015, compared with 81% in the first half of 2015 and 79% in the second half of 2014. Apple has long assisted US law-enforcement officials with legal requests to extract data from locked iPhones. But that posture has shifted in recent years.

FEC Commissioner Warns of Creeping Threat of Media Regulation at FEC

Publishers and filmmakers should be wary of Democrats at the Federal Election Commission trying to squeeze them out of an exemption created for the press, according to FEC Republican Commissioner Lee Goodman. Goodman used a five-page statement to scold Democrats on the commission for trying to continue an investigation into a company that created and distributed a conspiracy theory film ahead of the 2012 election that claimed that President Barack Obama's real father was Franklin Marshall Davis, described as "an American Communist." The FEC ultimately voted in February to close the case without taking any action — an increasingly common occurrence with the 3-3 deadlock at the commission that is divided between the two parties.

Though no action was taken, Goodman said the implication of the Democrats' position could have been much broader than a fringe film. "Imagine the specter of a government investigation and punishment of a filmmaker for showing a political film in over 500 theaters nationally," Goodman wrote. A complaint filed in 2014 alleged that Highway 61 Entertainment owner Joel Gilbert should have reported the cost of distributing the film and included a disclaimer along with it. The film "Dreams from my Real Father: The Story of Reds and Deception" is described as a play on President Obama's actual autobiography with a narrator impersonating the president. The FEC requires many organizations to report the donations they receive and any expenses used when attempting to sway federal elections. However, there is a broad press exemption for news or commentary released through newspapers, magazines and other media as long as they are not owned by a political committee or a candidate.

Verizon urges FCC not to adopt opt-in requirements for ISPs

Verizon met with Federal Communications Commission officials to urge them not to adopt rules that would require broadband providers to obtain their customers' permission before using consumer data to send targeted ads. The FCC voted earlier in April to move forward with proposed rules requiring Internet service providers to ask consumers to opt in to any sharing of their data with third parties, among other things. Those rules would apply to providers of both mobile and fixed-line broadband services, but not to Internet companies like Facebook or Google.

Verizon said in a new filing with the Commission that while it is in "general agreement with the use of a notice and consent framework for addressing the privacy practices," the opt-in requirements would be unfairly burdensome on ISPs looking to compete against Internet companies for ad revenues. "We noted that the broad opt-in requirements proposed in this proceeding are unnecessary to protect consumers and inconsistent with the practices of other Internet companies," wrote William Johnson, Verizon's senior vice president of federal regulatory and legal affairs. "The proposed opt-in requirement -- including for the marketing of a provider's own products and services to its customers and for the internal sharing of customer information with affiliates -- would create substantial practical challenges for broadband providers and would make it more difficult for these providers to bring new competition to the market for online advertising."

RS Fiber: Fertile Fields for New Rural Internet Cooperative

A new trend is emerging in rural communities throughout the United States: Fiber-to-the-Farm. Tired of waiting for real Internet access from big companies, farmers are building it themselves. Communities in and around Minnesota’s rural Sibley County are going from worst to best after building a wireless and fiber-optic cooperative. While federal programs throw billions of dollars to deliver last year’s Internet speeds, local programs are building the network of the future.

This paper documents a groundbreaking new model that’s sprung up in South Central Minnesota that can be replicated all over the nation, in the thousands of cities and counties that have been refused service by big cable and telecom corporations. From the technologies to the financing, rural communities can solve their problems with local investments. “This cooperative model could bring high quality Internet access to every farm in the country,” says Christopher Mitchell, director of ILSR’s Community Broadband Networks initiative. “It’s time we stop giving billions of dollars to the big telephone companies that have refused to meet local needs. There is a better way, there are better models emerging. We can do this. RS Fiber proves it.

Public Knowledge's Kimmelman: 'Data' is FCC set-top proposal's 'dirty little secret'

Speaking during a spirited clash of high-level decision-makers positioned on opposite sides of the Federal Communications Commission's set-top proposal debate, one of the leading "pros," Gene Kimmelman, chief executive of Public Knowledge, conceded that access and control of viewer data on advanced pay-TV set-tops is a crucial, overlooked part of the FCC agenda. Calling control of that data "the dirty little secret" behind the business of leasing pay-TV set-tops, Kimmelman told a National Association of Broadcasters conference audience that programmers should support a regulator proposal that takes that data out of the clutches of the pay-TV industry and gives them access to it.

"It's going to be important to content owners to have more data about who's watching their shows," Kimmelman said during the afternoon panel at Las Vegas' Westgate Hotel. Since FCC Chairman Tom Wheeler introduced his plan to "unlock" the pay-TV set-top business to third-party technology makers in January, a debate has raged. Large technology companies like Google, influential consumer electronics makers including TiVo, and consumer groups like Public Knowledge have billed it as a way to build innovation into a leased set-top business that they say is nothing more than a $20 billion annual cash grab for the pay-TV industry.

FCC to Focus on USF Enforcement, Pay TV Customer Protection

A recent $51 million proposed fine is a sign of more to come in Universal Service Fund integrity and fraud enforcement, Federal Communications Commission Enforcement Bureau Chief Travis LeBlanc said April 11. Pay TV consumer protection work is another of the Enforcement Bureau's highest priorities, LeBlanc said.

The bureau hasn't focused much on consumer protections for cable and satellite subscribers in recent years, but views it as important to do so now, said LeBlanc. “The complaints that we are seeing from subscribers of cable and satellite services really are high,” he said. Consumer complaints relate to unclear bills, debt collection practices, and quality of service. Those complaints raise concerns for the bureau, “especially given that the rules that we have on the books that apply to consumer protection in the cable context are pretty strong,” he said. LeBlanc pointed to existing rules on prompt cancelation of service and requirements to protect customers' personally identifiable information. LeBlanc said fines have gotten larger under his tenure as bureau chief. “However, it's not just because we're looking for the maximum fines,” he said. “It's because we're targeting the most egregious cases” where the most consumers are harmed, he said.

Google scores an antitrust win in Canada (while European charges still loom)

Google, the world’s largest search engine, is facing antitrust pressure in several parts of the world. But it is managing to beat back a few of these. On April 19, Canada’s competition bureau announced it has closed its investigation into Google for potentially exploiting its dominance in search and advertising. The agency opened the case in 2013 and, three years later, concluded that Google’s practices don’t exclude Canadian rivals. From the findings: "Although Google frequently makes changes to the algorithm it uses to rank search results, evidence obtained over the course of the investigation indicates that Google’s changes are generally made to improve user experiences."

With the ruling, Google is sidestepping any forced changes to its services that would hit its most profitable businesses. Canada’s market is small, but not insignificant. But it’s mostly a notch for Google’s policy team. And a timely one. The European Union, which is currently fighting Google around its comparative shopping product, is expected to land its other charge — the one on Google’s practice of bundling services with Android — as early as April 20. The EU is also weighing additional cases against Google for things like its ad serving. The Canadian agency noted that it consulted with EU officials in its decision.

Why Google is warning that ‘google.com’ is ‘partially dangerous’

Google is warning you to watch out for, well, Google. As of April 19, the search giant's own Safe Browsing tool labels "google.com" as "partially dangerous." The tool, which automatically scans "billions of URLs per day looking for unsafe websites," cites "google.com" for some potentially scary problems. "Some pages on this website install malware on visitors' computers," the Safe Browsing Site Status page warned, adding that "[a]ttackers on this site might try to trick you to download software or steal your information." Google declined to comment on the site's status, but those ominous warnings likely don't mean that visiting "google.com" itself is dangerous.

Instead, they suggest that some people have used Google services to host or link to something malicious, so the tool is flagging the whole domain as a little risky. "Users sometimes post bad content on websites that are normally safe," the page explained. It's not clear how long google.com has been flagged as "partially dangerous," although some reddit users noticed it Tuesday -- the same day the Site Status page says its information was last updated. A flurry of blog posts from last November suggest google.com was also flagged with the dubious distinction back then.

Comcast Unifies Broadcast, Digital Video Distribution Platform

Comcast Wholesale and thePlatform, the online video publishing firm Comcast acquired in 2006, used the 2016 National Association of Broadcaster show to unveil theVideoPlatform, billing it as a unified system for the distribution of broadcast and digital video to multiple screens that will put in on stronger competitive footing with the likes of MLB Advanced Media and Verizon Digital Media Services (VDMS).

Comcast Platform Services said theVideoPlatform is underpinned by its media infrastructure and mpx, which has long been thePlatform’s flagship online video publishing product. The new, unified product also comes about six months after former co-CEO Marty Roberts left thePlatform and the unit was aligned under Matt McConnell, SVP and GM of Colorado-based Comcast Wholesale. Targeted at broadcasters, other pay-Tv companies, programmers and digital media publishers, the integrated product mix will handle elements such as video management, publication, distribution and monetization, Comcast said.