October 2016

Pallante Resigns

Register of Copyrights Maria Pallante submitted her resignation to Librarian of Congress Carla Hayden, a Library spokesperson confirmed. Pallante had been removed as head of the Copyright Office and was reassigned to be a senior adviser for digital strategy -- but she's not taking the job. In a statement, House Judiciary Committee leaders Bob Goodlatte and John Conyers called her departure "a tremendous loss" for the office and for American creators. The lawmakers, who are in the middle of a broad review of copyright law, also suggested it might be time for a reassessment of how the register of copyrights is selected -- right now, the decision is up to the Librarian of Congress.

Breitbart coordinated with liberal activist and organizer who disrupted GOP primary campaign events

Apparently, Aaron Black, an associate with Democracy Partners and a former Occupy Wall Street organizer, coordinated with reporters from the conservative news site Breitbart during the primaries to cover his disruptions of events for candidates such as Sen Marco Rubio (R-FL). Black worked with the pro-Trump site Breitbart, tipping it off about his stunts, exchanging raw video and coordinating coverage, according to an unnamed source. Black coordinated with Breitbart via email, phone and in person, including when he dressed up as a robot and trolled Marco Rubio’s events. The relationship was described as very friendly. An article subsequently published on Breitbart featured video footage of a physical confrontation between Black and Rubio's New Hampshire campaign chairman.

Fact checking the FCC: Is consumer protection in its DNA?

[Commentary] The Federal Communications Commission’s recent report, Empowering the 21st Century Consumer, outlines “recent actions that the FCC has taken to protect consumers while promoting the competition and ingenuity that keep our markets thriving.” The report, which grandstands on questionable and litigated FCC rulemaking and enforcement actions, appears to be timed with the FCC’s next open meeting, when the agency will vote on controversial online privacy rules. On page 3 of their report, the FCC claims that “protecting consumers is part of its DNA.” Similarly Chairman Wheeler announced in an op-ed timed with the release of the report that “We’re here to reinforce consumer rights.”

However, a review of the FCC’s rules and the 1934 Communications Act that founded the agency shows that consumer protection was not a base concept of the agency at all. At best, one could argue that this concept has evolved as a (quite liberal) interpretation of the FCC’s mission. At worst, it’s a statement the FCC makes up to justify rulemaking which is otherwise not part of their mission — perhaps even unlawful. While the notion of consumer protection is sovereign, the FCC does not conform to any such consumer bill of rights. Rather, the agency seems to define “consumer rights” to suit its preferred policy outcomes.

[Layton is a PhD Fellow at the Center for Communication, Media, and Information Technologies (CMI) at Aalborg University in Copenhagen, Denmark.]

How the Broadband Industry Could Challenge FCC’s Privacy Rules

The Federal Communications Commission is expected to pass privacy rules. Once approved, the rules would require explicit consent from customers before companies can use many forms of data for marketing purposes. The agency is permitted to regulate internet service providers as it does phone companies as a result of a 2015 network neutrality rule that reclassified ISPs as common carriers.

While the net neutrality rule gives the regulator solid legal standing to issue rules for ISPs, industry giants such as AT&T have argued that the privacy rules still might not align with the FCC’s authority to regulate privacy under the 1996 Telecommunications Act. If broadband providers decide to sue, that argument will likely be the one that they use, an industry source said. The law prohibits phone carries from using a customer’s “proprietary” information, which includes the location, time, date, duration of phone calls, the type of network a consumer subscribes to, as well as any other information that a provider could obtain from a customer’s phone bill. In a regulatory filing with the FCC, AT&T argued data such as web browsing and app usage can’t be proprietary if other web entities have access to it.

The Political Environment on Social Media

In a political environment defined by widespread polarization and partisan animosity, even simple conversations can go awry when the subject turns to politics. In their in-person interactions, Americans can (and often do) attempt to steer clear of those with whom they strongly disagree. But online social media environments present new challenges. In these spaces, users can encounter statements they might consider highly contentious or extremely offensive – even when they make no effort to actively seek out this material. Similarly, political arguments can encroach into users’ lives when comment streams on otherwise unrelated topics devolve into flame wars or partisan bickering. Navigating these interactions can be particularly fraught in light of the complex mix of close friends, family members, distant acquaintances, professional connections and public figures that make up many users’ online networks. A new Pew Research Center survey of U.S. adults finds that political debate and discussion is indeed a regular fact of digital life for many social media users, and some politically active users enjoy the heated discussions and opportunities for engagement that this mix of social media and politics facilitates. But a larger share expresses annoyance and aggravation at the tone and content of the political interactions they witness on these platforms. Among the key findings of this survey:

  • More than one-third of social media users are worn out by the amount of political content they encounter, and more than half describe their online interactions with those they disagree with politically as stressful and frustrating
  • Many users view the tone of political discussions on social media as uniquely angry and disrespectful – although a sizeable share feels that these discussions simply reflect the broader political climate
  • Most users try to ignore political arguments on social media as best they can; when that fails, they take steps to curate their feeds and avoid the most offensive types of content
  • Despite these annoyances, some users – especially those with high levels of political engagement – enjoy talking, debating and posting about political issues on social media
  • Frustration over politically oriented social media discussions is a bipartisan phenomenon
  • Political content is as prevalent on Facebook (where users mostly follow people they know personally) as it is on Twitter (where users tend to follow a wider mix of connections)

AT&T Set to Lobby for Merger With Deep Pockets and a Big Network

AT&T, in addition to its billions of dollars of capital, has another arsenal at its disposal: one of the most formidable lobbying operations in Washington. The company’s list of nearly 100 registered lobbyists already on retainer in 2016 includes former members of Congress. AT&T is the biggest donor to federal lawmakers and their causes among cable and cellular telecommunications firms, with its employees and political action committee sending money to 374 of the House’s 435 members and 85 of the Senate’s 100 members this election cycle. That adds up to more than $11.3 million in donations since 2015, four times as much as Verizon Communications, according to a tally by the Center for Responsive Politics, a nonprofit research group. AT&T has also spent decades building a national alliance of local government officials and nonprofit groups — particularly from black and Hispanic communities — that it will certainly be asking to weigh in again in Washington, as it tries to get the merger approved.

“We have seen our fair share of deals,” said AT&T’s general counsel, David R. McAtee II. “Our job is informing consumers what a good development this is for them.” But navigating this transaction will be a test of just how much influence AT&T has in Washington these days. That is particularly the case as AT&T’s lobbying team undergoes a transition after losing its longtime leader, James W. Cicconi, a former aide to President George H. W. Bush.

Vuja De All Over Again

[Commentary] We should learn from our own history. Following the AT&T battles, the entry of competition and new technology was greatly beneficial to consumers and businesses at every level of our economy. Can you imagine having to rent a laptop from the telephone company to access the internet? Despite the echoes of the monopolists of the past, competition in cable boxes will be sound policy as well. New technology will follow, and consumers will see the benefits in their pocketbooks. Set-top boxes are a good place to continue our positive tradition of innovation and competition in telecommunications.

[Timothy E. Wirth (D-CO) represented Colorado in the U.S. Senate from 1987 to 1993 and in the House of Representatives from 1975 to 1987.]

5 reasons the AT&T-Time Warner merger should make you very worried

Here are five reasons why this mega-merger should worry you:

  1. Telecommunications companies are entering the entertainment business.
  2. It’s yet another blow to network neutrality.
  3. It sets a toxic precedent for establishing monopolies.
  4. We’ve seen this when Comcast purchased NBC in 2011.
  5. And as the surest sign of the apocalypse, Donald Trump might actually be right about something.

AT&T and Time Warner: lower prices not part of the bargain

AT&T executives say their purchase of Time Warner should yield a lot of “positives” for customers, including more content, better wireless access to programming and an attractive alternative to cable. But what the deal most likely won’t bring about is a cheaper price for television — and it just may increase the price for in-home internet, according to experts who track the media industry.

AT&T wants to marry its internet and wireless operations with Time Warner’s media businesses, which include HBO, CNN, Turner Broadcasting System and movie studio Warner Bros. AT&T said that the deal would provide “significant financial benefits,” including revenue and earnings growth, lower capital costs and savings of $1 billion within the first three years. Nowhere in the announcement did AT&T specifically mention how the proposed transaction could lower costs for consumers. The reason executives don’t argue that mergers will result in lower prices is because it doesn’t happen, said Matt Wood, policy director at Free Press. In fact, prices may very well go up.

AT&T Is Spying on Americans for Profit

Project Hemisphere is a secretive program run by AT&T that searches trillions of call records and analyzes cellular data to determine where a target is located, with whom he speaks, and potentially why. In 2013, Hemisphere was revealed by The New York Times and described only within a Powerpoint presentation made by the Drug Enforcement Administration. The Times described it as a “partnership” between AT&T and the US government; the Justice Department said it was an essential, and prudently deployed, counter-narcotics tool. However, AT&T’s own documentation shows Hemisphere was used far beyond the war on drugs to include everything from investigations of homicide to Medicaid fraud. Hemisphere isn’t a “partnership” but rather a product AT&T developed, marketed, and sold at a cost of millions of dollars per year to taxpayers. No warrant is required to make use of the company’s massive trove of data, according to AT&T documents, only a promise from law enforcement to not disclose Hemisphere if an investigation using it becomes public.