December 2016

US government begins asking foreign travelers about social media

The US government quietly began requesting that select foreign visitors provide their Facebook, Twitter and other social media accounts upon arriving in the country, a move designed to spot potential terrorist threats that drew months of opposition from tech giants and privacy hawks alike.

Foreign travelers arriving in the United States on the visa waiver program have been presented with an “optional” request to “enter information associated with your online presence.” The prompt includes a drop-down menu that lists platforms including Facebook, Google+, Instagram, LinkedIn and YouTube, as well as a space for users to input their account names on those sites. The new policy comes as Washington tries to improve its ability to spot and deny entry to individuals who have ties to terrorist groups like the Islamic State.

Cyber Experts Cite Link Between DNC Hacks and Aggression Against Ukraine

Malicious software used in a hack against the Democratic National Committee is similar to that used against the Ukrainian military, a computer-security firm has determined, adding evidence to allegations that the hackers who infiltrated the DNC were working for the Russian government. The malware used in the DNC intrusion was a “variant” of one designed to help locate the position of Ukrainian artillery units over the past two years, the security company, CrowdStrike, said in a report released Dec 22. The artillery units were deployed to defend Ukraine following Russia’s invasion of Crimea in 2014. CrowdStrike concluded that the malware used against the Ukrainian military was designed by a hacker group known to security experts as Fancy Bear. The American security firm said the group works for the Russian military intelligence agency, known as the GRU, and was one of two Russian hacker outfits that stole emails from the DNC earlier in 2015.

Oracle Petitions FCC To Reconsider Broadband Privacy Rules

Software corporation Oracle is asking the Federal Communications Commission to reconsider the sweeping broadband privacy rules passed earlier in 2016. Oracle, which spent years unsuccessfully attempting to prove that Google's Android code infringes copyright, says the FCC's recent order on privacy will give Google an unfair advantage against Internet service providers. "The Commission cannot allow the order to stand, when it hands a clear victory to Google by hamstringing ISPs while allowing Google to continue to engage in invasive data collection and aggregation techniques, bolstered by its tight control of the Android operating system," Oracle said in a petition asking the FCC to reconsider the ruling.

Chairman Wheeler's Response to Sen Flake (R-AZ) Regarding Broadband Privacy Rules

On Oct 13, 2016, Sen Jeff Flake (R-AZ) wrote to Federal Communications Commission Chairman Tom Wheeler regarding the FCC's proposed final privacy rules. Ultimately, Sen Flake asked Chairman Wheeler to postpone any final vote on the privacy Order due to differences between the Notice of Proposed Rulemaking (NPRM) and the completed Order. Sen Flake expressed concern that the FCC wsa not seeking additonal comment from stakeholders on the proposed broadband privacy rules.

On Dec 14, 2016, Chairman Wheeler responded by citing the FCC's rulemaking process, one that is "designed to give stakeholders and members of the public ample opportunity to engage in a transparent and vigorous discussion." Chairman Wheeler also responded to Sen Flake's concerns about the rules violating the First Amendment's protection of commercial speech, as well as the conern that including web browsing and app usage in the FCC's category of sensitive information is confusing for consumers and could crate an unfair advnatage fo restablished actors in the online-advertising marketplace. Chairman Wheeler noted, "the adopted rules do not prohibit broadband Internet access providers from using or sharing their customers' information -- they simply require broadband Internet access providers to ask for permission first."

Canada sets universal broadband goal of 50Mbps and unlimited data for all

Canada's telecommunications regulator declared that broadband Internet must be considered "a basic telecommunications service for all Canadians" and created a fund to connect rural and remote communities. With this decision, high-speed broadband is now treated as an essential technology similar to voice service. All Canadians should be able to purchase home Internet with 50Mbps download speeds and 10Mbps uploads, and they should have the option of purchasing unlimited data, the Canadian Radio-Television and Telecommunications Commission (CRTC) announcement said.

A new fund will make $750 million available over the next five years to support projects in areas where that level of broadband isn't available. Money will be distributed to applicants based upon a competitive process. Funding can be used either for fixed broadband service or to upgrade mobile networks, but the goals of 50Mbps/10Mbps and unlimited data for all is specifically for home Internet service. Currently, about 18 percent of Canadians, representing 2 million households, don't have access to 50Mbps/10Mbps service.

Insights on Future FCC Decision-making Gleaned From a Judicial Dissent

[Commentary] As unorthodox as it might seem, Senior Circuit Judge Stephen F. Williams dissenting opinion in a major Federal Communications Commission case offers a likely roadmap on how the FCC will operate with Trump appointees and a Republican majority. Judge Williams’ extensive opinion in U.S. Telecom v. FCC has a flavor remarkably unlike a legal dissent. At its best, his work identifies real defects in the logic used by the FCC to reclassify broadband Internet access as a telecommunications service. Additionally, the Judge raises legitimate questions about the FCC’s rationales supporting a near total prohibition on paid prioritization of traffic. I fear Judge Williams dissent foreshadows an FCC willing to misinterpret case law and statutory mandates to achieve a desired outcome. I worry that an infatuation with economics will legitimize bogus rationales that the FCC will embrace hook, line and sinker. Who needs a maverick wireless carrier like T-Mobile when economists prove that any and all markets work just fine with 3 competitors? Lastly, I have concerns that FCC decision makers will overplay their hand. I have seen ample and unjustified arrogance, hubris and political intrigue at the FCC. It looks like the new management will continue—if not expand—the trend.

Globalstar back in play as FCC considers revised proposal

Things are looking up for Globalstar these days, with several former critics now supporting its revised proposal for providing Terrestrial Low Power Service (TLPS) and the Federal Communications Commission circulating a new proposed order among commissioners. After years in the making, Globalstar reversed course and on Nov 9 submitted a revised plan, asking for permission to use its 11.5 megahertz of satellite spectrum at 2483.5-2495 MHz to offer low-power terrestrial broadband services, dropping plans for a 22 MHz Wi-Fi Channel 14. Nearby 2.5 GHz spectrum holder Sprint was among those who expressed support for the revisions. Since then, the Wi-Fi Alliance, NCTA, CableLabs and Entertainment Software Association (ESA) have said Globalstar’s latest revisions appear to satisfy their objections.

IEEE seeks to coalesce industry, policymakers, academia around 5G

The Institute of Electrical and Electronic Engineers (IEEE) is calling on global industry leaders, policymakers and academia to coalesce in a neutral forum to move 5G forward. The purpose of the IEEE 5G Initiative is to engage professionals worldwide to work to solve the challenges associated with 5G and lay the foundation to realize its many opportunities, according to the organization. Volunteers from both industry and academia are being sought as several working groups are being established.

“5G is not only evolutionary, providing higher bandwidth and lower latency than current-generation technology; more importantly, 5G is revolutionary, in that it is expected to enable fundamentally new applications with much more stringent requirements in latency and bandwidth," said Ashutosh Dutta, co-chair of the 5G initiative and lead member of the technical staff at AT&T. “5G should help solve the last-mile/last-kilometer problem and provide broadband access to the next billion users on earth at much lower cost because of its use of new spectrum and its improvements in spectral efficiency.”

Telemarketing Defendants Charged by FTC in Tech Support Scheme Will Pay $10 Million for Consumer Redress

The defendants who operated a Florida-based tech support scheme that the Federal Trade Commission and State of Florida charged deceived thousands of consumers, will pay $10 million for consumer redress to settle the action. According to the complaint, defendant Inbound Call Experts, doing business as Advanced Tech Support along with other defendants, used high-pressure sales pitches to telemarket tech support products and services falsely claiming to find viruses and malware on consumers’ computers. The stipulated final court order prohibits the defendants from misrepresenting that they have identified performance or security issues on consumers’ computers and from making any other misrepresentations while selling a product or service.