June 2016

House Homeland Security Committee Majority Staff Report: Going Dark, Going Forward

The House Homeland Security Committee has produced this primer to briefly describe important themes and considerations surrounding the widespread use of encryption technologies—including the practical and economic value encryption brings to certain industries and the wider market; the impact ubiquitous encryption is having on law enforcement; the ways in which various governments around the world are responding to this challenge; and a discussion of some existing legislative proposals. Finally, this document explains why future progress in addressing these challenges will likely depend on a more formal national discussion involving the necessary stakeholders in the form of a national commission on digital security.

Democratic FEC Commissioners voted to punish Fox News over debate changes

Democratic members of the Federal Election Commission, in a decision made public June 30, voted in May to punish Fox News over criteria changes for the network’s first Republican presidential primary debate – but were blocked by Republican commissioners. FEC Commissioner Lee Goodman, one of those who voted to block the move, called the attempt to punish Fox News over the debate changes “astonishing” and described it as a move toward censorship.

The vote concerned changes made to the criteria for the Fox News-hosted GOP primary debate on Aug 6, 2015 in Cleveland (OH). For that debate, Fox News decided to alter the format – hosting two debates instead of one and expanding the first debate for lower-polling candidates to include any candidate identified as such in national polls. Seven candidates ultimately participated in the first debate, and 10 participated in the prime-time event. A complaint subsequently was filed with the FEC claiming those changes were tantamount to an illegal corporate contribution to the candidates on stage.

Trump fundraising e-mails overseas prompt complaints here and abroad

Sir Roger Gale was puzzled when a string of e-mails from Donald Trump’s presidential campaign landed in his inbox. As a Briton and a member of Parliament, Gale is barred by US law from giving Trump money, much less voting for him. “I’ve gotten rid of most of that rubbish,” Gale said. The e-mails to Gale were among a wave of fundraising pleas inexplicably sent by the Trump campaign in recent days to lawmakers in the United Kingdom, Iceland, Australia and elsewhere.

The solicitations prompted watchdog groups in Washington to file two separate complaints with the Federal Election Commission alleging that the Trump campaign was violating federal law by soliciting funds from foreign nationals. “The scale and scope of this does seem somewhat unprecedented,” said Brendan Fischer, associate counsel for the Campaign Legal Center, which joined Democracy 21 in one of the complaints.

Senators Question FCC Repack Time, Money

Sens Maria Cantwell (D-WA) and Jeanne Shaheen (D-NH) sent a letter to Federal Communications Commission Chairman Tom Wheeler saying they “interested in learning more about the FCC’s plan to ensure a successful repack of television stations that minimizes disruption to viewers and local broadcasters.” Specifically, the two wrote, they want information “on the agency’s preparation for the possibility that the 39-month timetable for repacking may be insufficient” and asked for details on what the FCC intends to do should the $1.75 billion TV Broadcaster Relocation Fund “be inadequate to fully compensate local stations that are required to be relocated in order to accommodate the auction.”

Sens Cantwell and Shaheen said they are worried about the “sheer volume of variables that are difficult to predict or impossible to control.” In addition, they said, they are concerned “that the FCC cannot ensure that antennas, transmitters and other equipment necessary for relocation will be available to stations to ensure a seamless repack.” “Finally,” they continued, “there remains a lack of clarity on how the status of border agreements regarding channel assignments with Canada and Mexico will impact the timing of this repack.” They requested that the commission provide an analysis of whether the $1.75 billion and 39-month time frame are adequate for the repack “within 105 days after the completion of the forward portion of the auction.”