May 2016

What is corruption?

[Commentary] What exactly is corruption? Political scientists have identified three variants of the concept emerging from the legal world: quid pro quo corruption, monetary influence and distortion. Each flavor of corruption is neatly featured in the 2016 campaign season.

Sen Ted Cruz (R-TX) has long held campaign finance reform as an “assault on free speech.” Hillary Clinton wants to overturn Citizens United but doesn’t think money from private groups (including her speaking fees from Goldman Sachs) corrupts politicians. And both Sen Bernie Sanders (I-VT) and Donald Trump condemn the distortion of the political system by powerful people and promise to overthrow the whole system if elected. (Meanwhile, Gov John Kasich (R-OH) supports whatever system will let him win). The debate really comes down to a tug of war between political equality and free speech. How much influence should one person’s voice have over another’s? What role should our legal system play in protecting political equality, and how can it do that best?

Modernizing public sector IT management

[Commentary] Over the past 10 weeks we have featured 22 ideas that represent outdated practices or modes of thinking when it comes to public sector information technology (IT) management. In this closing post, we would like to draw out five salient points to move the conversation ahead.

1) Evidence-driven decisionmaking is required: Several of our posts suggest that we might get a greater return on our technology investments if we relied on evidence as a basis for our decisionmaking rather than relying on outdated ideas masquerading as conventional wisdom.
2) Experimentation and risk-taking is essential: Just like in the private sector, risk-taking is something that we need to instill and value in the public sector.
3) Collaboration across sectors matters: We need to design and harness better collaboration platforms that go beyond the traditional models. Importing rock star CIOs, relying on outsourcing, or engaging students to think meaningfully about IT in the public sector only after they graduate have reached their limits of value. These are all mutually exploitative relationships and need to be redesigned.
4) Governance modes matter: We need to revisit how we govern and become comfortable with balancing goals when it comes to governance. Security is not the enemy of innovation but has to peacefully coexist with it. This calls for more agile governance models that force us to think holistically about the IT programs in our agencies from multiple perspectives.
5) Solving procurement issues: Few things raised as much anger as our discussions on procurement issues, and it is clear: procurement must be solved for government to move forward.

What we learned about online nonprobability polls

For decades the gold standard for public opinion surveys has been the probability poll, where a sample of randomly selected adults is polled and results are used to measure public opinion across an entire population. But the cost of these traditional polls is growing each year, leading many pollsters to turn to online nonprobability surveys, which do not rely on random sampling and instead recruit through ads, pop-up solicitations and other approaches. The advantages of these online surveys are obvious – they are fast and relatively inexpensive, and the technology for them is pervasive. But are they accurate?

Pew Research Center undertook a study to answer this question. We found that not all online surveys perform equally well. A key reason seems to be the different methods employed by vendors. One of the nine nonprobability samples clearly performed better than the others, and it seems to be related to the fact that they use a more sophisticated set of statistical adjustments, both in selecting their sample and weighting their results. Our conclusions about why that sample performed the best are preliminary, though, because we have just one survey from that vendor and the relevant design features were not experimentally tested within that survey. One of the other major findings was that, in general, subgroup estimates from these samples for blacks and Hispanics were very inaccurate. Almost all the samples were off by double digits – more than 10 percentage points – on average in their estimates for blacks and Hispanics. That is quite concerning for researchers like us who study the experiences of different groups within the US population.

US spy court rejected zero surveillance orders in 2015

The secretive US Foreign Intelligence Surveillance Court did not deny a single government request in 2015 for electronic surveillance orders granted for foreign intelligence purposes, continuing a longstanding trend, a Justice Department document showed. The court received 1,457 requests in 2015 on behalf of the National Security Agency and the Federal Bureau of Investigation for authority to intercept communications, including e-mail and phone calls, according to a Justice Department memo sent to leaders of relevant congressional committees April 29. The court did not reject any of the applications in whole or in part, the memo showed.

The total represented a slight uptick from 2014, when the court received 1,379 applications and rejected none. The court modified 80 applications in 2015, a more than fourfold increase from the 19 modifications made in 2014. The memo also stated that 48,642 national security letter (NSL) requests were made in 2015 by the FBI.

Google and Microsoft have made a pact to protect surveillance capitalism

[Commentary] Microsoft and Google, two of the world’s greatest monopolies, have been bitter rivals for nearly 20 years. But suddenly, in late April, they announced a startling accord. The companies have withdrawn all regulatory complaints against one another, globally. Rather than fighting their battles in public courts and commissions, they have agreed to privately negotiate. This is a gentleman’s agreement.

The common corporate line is that the companies want to compete on products, not court cases. But this public relations gambit masks two far more interesting tales. One is about Microsoft and its desperate chase for relevance. The other is about Google, money and power. Both are part of a broader, deeply worrying narrative – a story about how tech companies are busy redrawing the lines around our lives, and facing little resistance in doing so. Microsoft and Google’s new deal to stop fighting each other is an interesting, strategic corporate move. But it is a move accompanied by a much stronger, deeper play: to collect and capitalize data – including data about us, our behaviors, and our interactions. The challenge for regulators and citizens is complex but essential – and has only just begun.

The Critical Hole at the Heart of Our Cell Phone Networks

SS7, also known as Signaling System No. 7, refers to a data network—and the series of technical protocols or rules that govern how data gets exchanged over it. It was designed in the 1970s to track and connect landline calls across different carrier networks, but is now commonly used to calculate cellular billing and send text messages, in addition to routing mobile and landline calls between carriers and regional switching centers. SS7 is part of the telecommunications backbone but is not the network your voice calls go through; it’s a separate administrative network with a different function. Think of it like a passenger train system—SS7 is the maintenance tunnels workers use rather than the main tunnels through which passenger trains travel.

To track you, an attacker could send what’s called an Anytime Interrogation request to your carrier to get the unique ID of your phone and identify which mobile switching center (MSC) your phone uses—usually one MSC covers an entire city. Carriers use this information to determine your location to route your calls and messages through the cell tower closest to you. By sending repeated Anytime Interrogation requests to get this and your GPS coordinates, an attacker can track your phone, and you, to the street block where you are standing, using Google maps

What do Americans want Congress to do about net neutrality?

[Commentary] The Federal Communications Commission’s latest attempt at Open Internet rules may soon be struck down in the US Court of Appeals for the DC Circuit. Litigation may continue unless Congress intervenes. It is thus worthwhile to review the history of network neutrality in Congress over the past decade. Why did Congress’s many attempts at creating rules ultimately fail? Why have advocates focused on regulatory rulemaking rather than legislation? Moreover, are so-called “bright-line” approaches even necessary and proven to ensure an Open Internet? And if the FCC’s rules succeed in court, does the will of the people truly align with the agency’s plans to regulate the Internet?

There is considerable evidence that a multistakeholder approach can effectively ensure Internet openness, foster transparency, and deter blocking and throttling. The multistakeholder model is particularly helpful in creating a “middle ground,” where concerns about net neutrality can be addressed and resolved without hard rules that lead to litigation. In fact, hard, “bright-line” rules can actually increase litigation, as evinced by the ongoing lawsuits in the Netherlands, Canada, Slovenia, and the US. Many aspects of Internet policy are already governed through a multistakeholder model, in which shared principles, norms, and decision-making processes are developed. It incorporates a multitude of actors including nation-states, companies, standards organizations, academics, and members of civil society. That the Internet can be managed using this process suggests that the issue of Open Internet may well benefit from this approach in the US. Indeed, such models have been successfully used to promote an open Internet in Sweden since 2009 and in Denmark since 2011 — two countries praised by Title II advocates.

[Roslyn Layton studies Internet economics at the Center for Communication, Media, and Information Technologies (CMI) at Aalborg University in Copenhagen, Denmark.]

Hulu Plans Full Cable and Broadcast Channel Streaming

Hulu, until now primarily a rerun service for episodes of broadcast television shows, is apparently working to create a more robust offering that would stream entire broadcast and cable channels to consumers for a monthly fee. The still-unnamed service was described by three executives with direct knowledge of Hulu’s plans, apparently.

Mike Hopkins, the chief executive of Hulu, may discuss the concept at Hulu’s presentation for advertisers on May 4. Hulu is planning to introduce the service early 2016. While exact pricing details are still being determined, the new service is expected to cost about $40 a month. Hulu wants to offer what is known as a “skinny bundle” of broadcast and cable channels — in particular those operated by 21st Century Fox, the Walt Disney Company and Comcast’s NBCUniversal. Those three media companies co-own Hulu.

Want to follow the money behind political ads? Good luck finding it

[Commentary] Covering media aspects of Baltimore mayor's race the past three months leaves me as disheartened as I can remember being about anything on my beat. I have long been decrying the role of dark money, hidden persuaders and stealth media efforts to win votes and shape election outcomes. But I mainly thought about the problem as a national one, focusing on presidential and congressional races. This spring, it got local and personal for me, as I tried to report on media, money and the mayor's race and found that some media outlets that portray themselves as serving the public in their political coverage were actually withholding from voters information they should have in a timely fashion.

An estimated $5 million was spent on political advertising on broadcast TV just in April, according to Dan Joerres, president of WBAL-TV. Overall spending on Baltimore (MD) broadcast TV since the start of the year: $7 million. That doesn't necessarily include all the super PAC buys. And it includes no cable. There is no doubt that TV ads played a major role in April 26's Democratic primary election for mayor, which Catherine Pugh won by only 2,574 votes over Sheila Dixon. The question is how much the outcome was shaped by the money spent on a highly sophisticated media effort for Pugh — and against Dixon. Unfortunately, we might never know the answer to that because of vague and often toothless disclosure regulations, especially from the Federal Communications Commission.