June 2016

June 15, 2016 (#NetNeutrality Survives Court Challenge)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for WEDNESDAY, JUNE 15, 2016

A busy, busy day in wonkland https://www.benton.org/calendar/2016-06-15


FIRST THE NETWORK NEUTRALITY NEWS
   Network Neutrality Rules Upheld by Federal Court
   Statement from the Press Secretary on the US Court of Appeals for the District of Columbia Decision on USTelecom Association v. FCC - WH press release
   FCC Commissioners Respond to Network Neutrality Ruling - press release
   Republicans weigh path forward after network neutrality ruling
   Industry Responds to Net Neutrality Decision [links to Benton summary]
   Public Interest Advocates Respond to Network Neutrality Decision [links to Benton summary]
   Appeals Court Upholds FCC's Network Neutrality Rules - Benton press release
   FCC's win cements Obama's internet legacy [links to Politico]
   Fairness on the Internet [links to New York Times editorial]
   Net neutrality ruling is a victory for consumers [links to San Jose Mercury News editorial]
   Troy Wolverton: Net neutrality decision a big win for all of us [links to San Jose Mercury News]
   The King and His Court [links to Wall Street Journal editorial]
   FCC chief Tom Wheeler, a former cable TV lobbyist, is making his old industry sweat

… AND THEN THE REST OF THE NEWS
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NETWORK NEUTRALITY

NET NEUTRALITY RULES UPHELD BY FEDERAL COURT
[SOURCE: New York Times, AUTHOR: Cecilia Kang]
The United States Court of Appeals for the District of Columbia Circuit upheld the Federal Communications Commission’s network neutrality rules, handing the FCC a major victory in its efforts to step up oversight of cable and telephone companies that provide broadband service. The ruling means endorses the FCC’s definition of broadband Internet access service as a telecommunications service, clearing the way for more rigorous policing of broadband providers and greater protections for web users. The FCC’s rules prohibit broadband companies from blocking or slowing the delivery of internet content to consumers. The panel of three judges who heard the case agreed that wireless broadband services were also common carrier utility services subject to anti-blocking and discrimination rules, a decision protested by wireless carriers including AT&T and Verizon Wireless. The court’s majority rejected a wide range of telecommunications-industry challenges to the rules, which were put in place in 2015. The same appeals court had twice rejected earlier efforts by the FCC to impose net neutrality rules on Internet service providers. In the core decision, the D.C. circuit court ruled the FCC had sufficient basis to impose utility-style regulation on broadband service, because consumers no longer look to internet-service providers to provide the online content they are seeking. “Over the past two decades, this content has transformed nearly every aspect of our lives, from profound actions like choosing a leader, building a career and falling in love to more quotidian ones like hailing a cab and watching a movie,” the court wrote. “The same assuredly cannot be said” for broadband providers’ own add-on applications. The appeals court’s 2-1 ruling sided with the FCC in a dense, methodical opinion that rejected the challengers’ various arguments one by one. The DC Circuit majority said its role in reviewing the net-neutrality regulations was “a limited one.” The court said its job was “to ensure that an agency has acted within the limits of Congress’s delegation of authority.” The FCC’s rules fell permissibly within those limits, the court said. The court verdict puts to rest — for now — a key question: Whether the Internet represents a vital communications platform that deserves to be regulated with the same scrutiny as the common networks of the past, such as the telephone system. Writing for the court, Judges David Tatel and Sri Srinivasan held that despite advances in technology, the underlying importance of the Internet to everyday communications and commerce makes it more similar to the phone system than not. Today, for example, consumers are accustomed to using not just the email accounts that their broadband provider gave them, but also using third-party services such as Gmail as well as Netflix, Amazon and Uber. Industry appeals to the US Supreme Court appear likely.
benton.org/headlines/network-neutrality-rules-upheld-federal-court | New York Times | read the ruling | WSJ | Washington Post | LA Times | USA Today | Associated Press | The Wrap | ars technica | B&C | Vice
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WHITE HOUSE STATEMENT
[SOURCE: The White House, AUTHOR: Press Secretary Josh Earnest]
Today’s ruling is a victory for the open, fair, and free Internet as we know it today – one that remains open to innovation and economic growth, without service providers serving as paid gatekeepers. It is also a victory for the millions of Americans who made their voices heard in support of a free and fair Internet, with countless others speaking out on social media, petitioning their government, and standing up for what they believe. For almost a century, our law has recognized that companies who connect you to the world have special obligations not to exploit the monopoly they enjoy over access in and out of your home or business. For most of the Internet’s existence, net neutrality has been the norm, and for most of the President's term in office, the FCC has implemented rules to enforce it — with no significant burden on Internet Service Providers. Unsurprisingly, today’s ruling affirms those basic realities, and recognizes that an Open Internet is essential for preserving an environment that encourages new investment in the network, new online services and content, and everything else that makes up the Internet as we now know it. That is why the President has so strongly supported net neutrality since he was a Senator, and continues to work every day to protect the Internet ecosystem: because it remains one of the greatest gifts our economy — and our society — has ever known.
benton.org/headlines/statement-press-secretary-us-court-appeals-district-columbia-decision-ustelecom | White House, The | White House blog
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FCC COMMISSIONERS RESPOND TO NET NEUTRALITY RULING
[SOURCE: Federal Communications Commission, AUTHOR: FCC Chairman Tom Wheeling, FCC Commissioner Mignon Clyburn, FCC Commissioner Jessica Rosenworcel, FCC Commissioner Ajit Pai, FCC Commissioner Michael O'Rielly]
After the United States Court of Appeals for the District of Columbia Circuit released its network neutrality decision, members of the Federal Communications Commission released statements.
FCC Chairman Tom Wheeler said, “Today’s ruling is a victory for consumers and innovators who deserve unfettered access to the entire web, and it ensures the internet remains a platform for unparalleled innovation, free expression and economic growth. After a decade of debate and legal battles, today’s ruling affirms the Commission’s ability to enforce the strongest possible internet protections – both on fixed and mobile networks – that will ensure the internet remains open, now and in the future.”
“Today’s D.C. Circuit court decision represents a resounding victory for the American people,” said FCC Commissioner Mignon Clyburn. “The Commission relied on a voluminous record, which included more than four million comments, and demonstrated that a free and open internet is at the very heart of our American democracy. I am particularly pleased that the court upheld protections for mobile consumers, something for which I fought mightily during the lead-up to the Commission’s vote last year. The Court’s validation of that position makes clear that no matter how one accesses the internet, it will remain an open platform that enables free speech, freedom of expression and innovation to flourish.”
”The internet is the most dynamic platform for free speech ever invented and our internet economy is the envy of the world. Today’s decision supports internet principles of fairness and openness—the principles that keep us innovative, fierce, and creative,” said FCC Commissioner Jessica Rosenworcel.
FCC Commissioner Ajit Pai, who voted against the net neutrality rules, said, “I am deeply disappointed by the D.C. Circuit’s 2-1 decision upholding the FCC’s Internet regulations. For many of the reasons set forth in Judge Williams’ compelling dissent, I continue to believe that these regulations are unlawful, and I hope that the parties challenging them will continue the legal fight. The FCC’s regulations are unnecessary and counterproductive.”
“The D.C. Circuit’s decision is more than disappointing,” said FCC Commissioner Michael O’Rielly, “but I expect it to be appealed to the U.S. Supreme Court so this opinion is not necessarily the final say. If allowed to stand, however, today’s decision will be extremely detrimental to the future of the Internet and all consumers and businesses that use it. We all will rue the day the Commission was confirmed to have nearly unmitigated power over the Internet -- and all based on unsubstantiated, imaginary ‘harms.’ More troubling is that the majority opinion fails to apprehend the workings of the Internet, and declines to hold the FCC accountable for an order that ran roughshod over the statute, precedent, and any comments or analyses that did not support the FCC’s quest to deliver a political victory. It also confirms why every parliamentary trick in Congress was used to pack this particular court.”
benton.org/headlines/fcc-commissioners-respond-network-neutrality-ruling | Federal Communications Commission | Commissioner Clyburn | Commissioner Rosenworcel | Commissioner Pai | Commissioner O’Rielly
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CONGRESS REACTS TO NET NEUTRALITY RULING
[SOURCE: The Hill, AUTHOR: David McCabe]
Republican lawmakers said they were still weighing how to move forward after a court upheld the Federal Communications Commission’s sweeping rules to ensure network neutrality. House Communications Subcommittee Chairman Greg Walden (R-OR) said Republicans were looking at all of their options. "So, I think that door remains open to look at this legislatively,” he said. "But I also think that between now any legislation moving forward you’ll see an appeal by those who disagree with the court’s decision.” Republicans have assailed the rules as an example of government overreach. Chairman Walden said he had doubts about whether President Barack Obama would sign off on any compromise legislation regarding the rules, especially given the court’s decision. “We’ll be evaluating it and look forward to what paths are there, but clearly with President Obama in the White House the odds of him signing a net neutrality reform bill are pretty low,” Rep Walden said. Chairman Walden and full House Commerce Committee Chair Fred Upton (R-MI) said they were "disappointed" by the ruling. Rep Marsha Blackburn (R-TN), who backs legislation blocking the rules, said that she thought the ruling improved the chances of legislative action on the regulations. “I think it does,” she said. "Well, of course, I would have preferred a different ruling,” she said. "Everybody probably understands that and we will continue to push forward.”
Senate Commerce Committee Chairman John Thune (R-SD) hinted at hopes that Congress could move forward with a solution. “Today’s decision is a clear signal that my colleagues and I need to reestablish Congress’ appropriate role in setting communications policy on a bipartisan basis,” he said in a statement with Sen. Roger Wicker (R-MS).
Sen Brian Schatz (D-Hawaii), who is an active voice on communications policy, predicted his party would be less interested in striking a deal now that the court battle went their way. "You know, it’s the ruling we wanted. The reason to work on legislation was that both sides of this debate had the possibility of an adverse ruling. Now that it’s been settled by the courts, there’s less of an incentive to legislate.” Sen Bill Nelson, the Ranking Member of the Commerce Committee, called the court’s decision “a significant milestone for consumer protections on the Internet.” Longtime network neutrality advocate Sen Ed Markey (D-MA) said, “Today’s court decision makes clear that net neutrality is here to stay. The court decision affirms what we already know to be true: that the FCC has the power to classify broadband Internet access service according to its best and current understanding of the technology, and how consumers harness that technology. The battle for net neutrality is the battle for our online future, and today’s ruling is a victory for consumers, innovators, entrepreneurs, and anyone who counts on the Internet to connect to the world. This decision celebrates the free and democratic expression of ideas that is the hallmark of our online ecosystem. Protecting net neutrality ensures that the best ideas, and not merely the best-funded ideas, will rule the day.”
Rep Frank Pallone (D-NJ), the Ranking Member of the House Commerce Committee, said the decision "is a momentous step to legal certainty that the internet remains an open platform for everyone." Rep Anna Eshoo (D-CA), Ranking Member of the House Communications Subcommittee (she represents Silicon Valley), said, “This is a great day for all Internet users. Today’s ruling of the Court affirms what millions of Americans already knew – that net neutrality rules grounded in Title II gave the FCC the strongest legal authority to adopt strong and meaningful rules against blocking, throttling, and discrimination of online content by both wired and wireless broadband providers."
benton.org/headlines/republicans-weigh-path-forward-after-network-neutrality-ruling | Hill, The | B&C | The Hill | B&C | Chairmen Thune and Wicker | Chairmen Upton and Walden | Ranking Member Pallone | Sen Markey
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BENTON PRESS RELEASE
[SOURCE: Benton Foundation, AUTHOR: Adrianne Furniss, Amina Fazlullah]
Today, as in February 2015, the Benton Foundation celebrates the greatest commitment ever made to preserve and protect an open and free Internet. The winners in the D.C. Circuit Court of Appeals decision are traditional American values: access and equity, democracy and diversity, opportunity and innovation. Strong, enforceable net neutrality means access. Strong, enforceable net neutrality means diversity. Strong, enforceable net neutrality means equity. Strong, enforceable net neutrality will enhance our democracy. Strong, enforceable net neutrality rules are crucial for our most-vulnerable communities. Strong, enforceable net neutrality means innovation. The Benton Foundation commends the D.C. Circuit Court for it’s wise decision. Under the leadership of Chairman Tom Wheeler and Commissioners Mignon Clyburn and Jessica Rosenworcel, the FCC acted to ensure the continued value and viability of the Internet. Today, the courts endorsed the FCC’s courageous action.
https://www.benton.org/node/242822
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TOM WHEELER
[SOURCE: Los Angeles Times, AUTHOR: Jim Puzzanghera]
Tom Wheeler, the hard-charging head of the Federal Communications Commission, is a history buff who’s written books on Abraham Lincoln and the Civil War. Cable TV executives – infuriated at a series of recent agency actions, including placing them under utility-like oversight through his net neutrality initiative – might suggest a new research subject: Benedict Arnold. Wheeler was a lobbyist for the industry during crucial formative years, from 1979 to 1984, earning induction into the Cable Hall of Fame. When President Obama tapped him to be FCC chairman in 2013, a top cable trade group called the selection “an exceptional choice,” while some consumer advocates worried the nation’s top telecommunications regulator would be too friendly to his former employers. Fast forward three years and those views have flipped. Wheeler has become a hero to consumer advocates while the cable industry portrays him as a turncoat. He’s pushed an aggressive agenda that helped torpedo a major merger between Comcast and Time Warner Cable and has subjected the industry to tougher regulation.
benton.org/headlines/fcc-chief-tom-wheeler-former-cable-tv-lobbyist-making-his-old-industry-sweat | Los Angeles Times
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ELECTIONS & MEDIA
   A new phase for Trump’s media war
   Washington Post ban is latest battle in Trump's war with the press [links to Benton summary]
   Opinion: The right response to Donald Trump? A media blackout. [links to Washington Post]
   Jennifer Rubin: Trump cannot tolerate non-deferential media [links to Washington Post]
   Donald Trump Takes A Page From The Autocrat’s Media Playbook [links to Huffington Post]
   Donald Trump vs. the Press [links to New York Times letter to the editor]
   Jim Rutenberg: In Revoking Press Credentials, Trump Casts Himself as Punisher in Chief [links to New York Times]
   Kathleen Parker: Trump demonizes the media, again [links to Washington Post]
   Asked why he supports Clinton over Trump, Marc Andreessen responds: ‘Is that a serious question?’ [links to Revere Digital]
   Russian government hackers penetrated Democratic National Committee, stole opposition research on Trump [links to Benton summary]
   NAB Offers Stations 2016 Election Toolkit [links to TVNewsCheck]

MORE ON INTERNET/BROADBAND
   Exploring Dallas for Google Fiber [links to Google]
   FTTH and Apartment Rentals: Tenants Will Pay 5% More for Fiber [links to telecompetitor]

SECURITY/PRIVACY
   House Communications Subcommittee Reviews FCC's Proposed Privacy Rules - press release
   Apple to expand encryption on Macs [links to Hill, The]
   Can artificial intelligence wipe out cyber terror? [links to Revere Digital]
   Where’s the Report on the Security of Unclassified IT Systems? [links to nextgov]
   Improving Internet of Things Security [links to International Telecommunication Union]
   Holman Jenkins Jr: Now Can Big Data Fight Terror? [links to Wall Street Journal]

GOVERNMENT & COMMUNICATIONS
   President Obama ‘looks forward to signing’ FOIA reform [links to Hill, The]
   Computer Crash Wipes Out Years of Air Force Investigation Records [links to nextgov]
   DC’s board of elections makes it shockingly easy to snoop on your fellow voters [links to Washington Post]
   Twelve Cities Join What Works Cities, Expanding Wave of Local Government Leaders Accelerating Their Use of Data and Evidence to Improve Lives [links to Bloomberg Philanthropies]

WIRELESS/SPECTRUM
   Just How ‘Smart’ Do You Want Your Blender to Be? [links to New York Times]
   Report: North American LTE Subscriptions Pass 250 Million [links to telecompetitor]
   Symons: FCC Focusing on TV Band Repack [links to TVNewsCheck]

CONTENT
   Facebook struggles to stop crimes from being live streamed [links to Benton summary]
   Facebook is predicting the end of the written word [links to Quartz]
   Facebook Offers Details on How It Handles Research [links to Benton summary]

TELEVISION
   Senate Majority Leader Enters Set-Top Box Fight as ANA Cranks Up Opposition [links to AdAge]

ADVERTISING
   Facebook Will Track Whether Ads Lead to Store Visits and Offline Purchases [links to AdWeek]

HEALTH
   Facebook Offers Tools for Those Who Fear a Friend May Be Suicidal [links to New York Times]

GOVERNMENT PERFORMANCE
   Commissioner Pai’s $500 million question highlights ongoing problems with Lifeline - AEI op-ed [links to Benton summary]

COMPANY NEWS
   Christopher Mims: Why Microsoft Bought LinkedIn [links to Wall Street Journal]
   Twitter Invests $70 Million in SoundCloud Music Service [links to New York Times]
   Geoffrey Fowler: Siri: Once a Flake, Now Key to Apple’s Future [links to Wall Street Journal]

STORIES FROM ABROAD
   Reuters Institute Digital News Report 2016 - research [links to Benton summary]
   China takes its authoritarian ways to the Internet [links to Washington Post editorial]

ELECTIONS AND MEDIA

A NEW PHASE FOR TRUMP’S MEDIA WAR
[SOURCE: The Hill, AUTHOR: Niall Stanage]
Media coverage of Donald Trump is shifting in a more negative direction as the presumptive GOP presidential nominee opens another front in his war with the Fourth Estate. “Especially with the Times and the Post, there has been a really clear shift in the nature of its coverage of Trump,” said Steven Livingston, a professor of media and public affairs at George Washington University. “You also saw this recently when CNN was fact-checking Trump live. “There is a sense that it is now acceptable, or expected, for news organizations to go beyond the conventional professional standards of even-handedness; that this guy is in need of extra special care and attention,” Livingston added. The shift comes after new twists in the complicated relationship between Trump and the media. The media face obvious challenges. “It’s the media’s duty to check facts, but the media have minimal credibility, so therefore the fact-checking has minimal credibility,” said Tobe Berkovitz, a Boston University professor who specializes in political communications. “If the public don’t believe or trust the media, why would they trust the media’s fact-checking?”
benton.org/headlines/new-phase-trumps-media-war | Hill, The
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SECURITY/PRIVACY

FCC PRIVACY RULES HEARING
[SOURCE: House of Representatives Commerce Committee, AUTHOR: Press release]
The House Communications Subcommittee, Chaired by Rep Greg Walden (R-OR), held a hearing examining the Federal Communications Commission’s proposed privacy rules. The hearing follows up on a letter sent to FCC Chairman Tom Wheeler regarding the agency’s proposed privacy and data breach notification requirements for broadband Internet service providers (ISPs). The Federal Trade Commission (FTC), the traditional federal privacy regulator had its jurisdiction removed when the FCC reclassified broadband as a common carrier. The FCC’s proposed rules would create a separate set of rules governing only ISPs and not other parts of the Internet ecosystem, creating confusion and harming competition. “Today’s hearing is a direct result of the FCC’s premeditated efforts to supersede the Federal Trade Commission’s successful, enforcement-based approach to consumer privacy with its own predetermined vision of what consumers want and how the Internet should function,” said Chairman Walden. “A robust record of comments warns of higher costs, stifled innovation, and fewer service offerings. None of these are risks we should be willing to take or consequences we are willing to put on American consumers. We should be encouraging competition, not slowing it down with burdensome and inconsistent regulations." House Commerce Committee Chairman Fred Upton (R-MI) concluded, “These rules simply miss the mark. By singling out broadband providers, the FCC is feeding unbalance into the Internet economy. Until recently, the entire Internet ecosystem successfully operated under the enforcement-based privacy protections of the FTC model and I fear this new approach will reduce competition in the flourishing Internet marketplace.”
benton.org/headlines/house-communications-subcommittee-reviews-fccs-proposed-privacy-rules | House of Representatives Commerce Committee | NCTA Praise | B&C | B&C
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Statement from the Press Secretary on the US Court of Appeals for the District of Columbia Decision on USTelecom Association v. FCC

Today’s ruling is a victory for the open, fair, and free Internet as we know it today – one that remains open to innovation and economic growth, without service providers serving as paid gatekeepers. It is also a victory for the millions of Americans who made their voices heard in support of a free and fair Internet, with countless others speaking out on social media, petitioning their government, and standing up for what they believe.

For almost a century, our law has recognized that companies who connect you to the world have special obligations not to exploit the monopoly they enjoy over access in and out of your home or business. For most of the Internet’s existence, net neutrality has been the norm, and for most of the President's term in office, the FCC has implemented rules to enforce it — with no significant burden on Internet Service Providers. Unsurprisingly, today’s ruling affirms those basic realities, and recognizes that an Open Internet is essential for preserving an environment that encourages new investment in the network, new online services and content, and everything else that makes up the Internet as we now know it.

That is why the President has so strongly supported net neutrality since he was a Senator, and continues to work every day to protect the Internet ecosystem: because it remains one of the greatest gifts our economy — and our society — has ever known.

FCC chief Tom Wheeler, a former cable TV lobbyist, is making his old industry sweat

Tom Wheeler, the hard-charging head of the Federal Communications Commission, is a history buff who’s written books on Abraham Lincoln and the Civil War. Cable TV executives – infuriated at a series of recent agency actions, including placing them under utility-like oversight through his net neutrality initiative – might suggest a new research subject: Benedict Arnold.

Wheeler was a lobbyist for the industry during crucial formative years, from 1979 to 1984, earning induction into the Cable Hall of Fame. When President Obama tapped him to be FCC chairman in 2013, a top cable trade group called the selection “an exceptional choice,” while some consumer advocates worried the nation’s top telecommunications regulator would be too friendly to his former employers. Fast forward three years and those views have flipped. Wheeler has become a hero to consumer advocates while the cable industry portrays him as a turncoat. He’s pushed an aggressive agenda that helped torpedo a major merger between Comcast and Time Warner Cable and has subjected the industry to tougher regulation.

A new phase for Trump’s media war

Media coverage of Donald Trump is shifting in a more negative direction as the presumptive GOP presidential nominee opens another front in his war with the Fourth Estate.

“Especially with the Times and the Post, there has been a really clear shift in the nature of its coverage of Trump,” said Steven Livingston, a professor of media and public affairs at George Washington University. “You also saw this recently when CNN was fact-checking Trump live. “There is a sense that it is now acceptable, or expected, for news organizations to go beyond the conventional professional standards of even-handedness; that this guy is in need of extra special care and attention,” Livingston added. The shift comes after new twists in the complicated relationship between Trump and the media. The media face obvious challenges.

“It’s the media’s duty to check facts, but the media have minimal credibility, so therefore the fact-checking has minimal credibility,” said Tobe Berkovitz, a Boston University professor who specializes in political communications. “If the public don’t believe or trust the media, why would they trust the media’s fact-checking?”