January 2017

Felony Charges for Journalists Arrested at Inauguration Protests Raise Fears for Press Freedom

At least six journalists were charged with felony rioting after they were arrested while covering the violent protests that took place just blocks from President Donald Trump’s inauguration parade in Washington on Jan 20. The journalists were among 230 people detained in the anti-Trump demonstrations, during which protesters smashed the glass of commercial buildings and lit a limousine on fire. The charges against the journalists — Evan Engel, Alexander Rubinstein, Jack Keller, Matthew Hopard, Shay Horse and Aaron Cantu — have been denounced by organizations dedicated to press freedom. All of those arrested have denied participating in the violence.

“These felony charges are bizarre and essentially unheard of when it comes to journalists here in America who were simply doing their job,” said Suzanne Nossel, the executive director of Pen America. “They weren’t even in the wrong place at the wrong time. They were in the right place.” Carlos Lauria, a spokesman and senior program coordinator for the Committee to Protect Journalists, called the charges “completely inappropriate and excessive,” and the organization has asked that they be dropped immediately. “Our concern is that these arrests could send a chilling message to journalists that cover future protests,” Lauria added.

Trump is reportedly still using his unsecured Android phone

President Donald Trump’s long-held Android phone is a security nightmare for a high-level politician, but according to a report from The New York Times, the newly inaugurated president is still using the device. In a profile of the president’s time so far in the White House, the Times reports that President Trump has held on to his “old, unsecured Android phone” — previously reported to be a Samsung device — despite some protests by his aides.

According to the Times, he used it to tweet Jan 24, suggesting he would “send in the Feds” to Chicago. (The tweet was apparently sent in response to a Bill O’Reilly segment.) Another Times report said Trump “traded in his Android phone for a secure, encrypted device approved by the Secret Service with a new number that few people possess,” but Trump has reportedly kept the Android phone to continue tweeting, and is even getting calls on it. In the Times profile, Trump did have kind words for the security of the White House phones, saying “words just explode in the air.” What he meant was that no one was listening in and recording his words.

Trump White House Senior Staff Have Private RNC E-mail Accounts

Senior Trump Administration staffers including Kellyanne Conway, Jared Kushner, Sean Spicer and Steve Bannon have active accounts on a Republican National Committee e-mail system. The system (rnchq.org) is the same one the George W. Bush Administration was accused of using to evade transparency rules after claiming to have “lost” 22 million e-mails.

Making use of separate political e-mail accounts at the White House is not illegal. In fact, they serve a purpose by allowing staff to divide political conversations (say, arranging for the president to support a congressional re-election campaign) from actual White House work. Commingling politics and state business violates the Hatch Act, which restricts many executive branch employees from engaging in political activity on government time. But after then-candidate Donald Trump and the Republicans repeatedly called for “locking up” Hillary Clinton for handling government work with a private server while secretary of state, the new White House staff risks repeating the same mistake that dogged the Democrat’s presidential campaign. They also face a security challenge: The RNC e-mail system, according to US intelligence, was hacked during the 2016 race. It’s not clear whether or how Trump staffers are using the RNC email addresses. I

White House says it hasn't told agencies to stop tweeting

The White House denied it has directed federal agencies to stop using social media, saying new restrictions on communications have instead come from within those agencies themselves. “There's nothing that has come from the White House. Absolutely not,” White House press secretary Sean Spicer said. "There are a couple of these agencies that have had problems adhering to their own policies.” “They haven’t been directed by us to do anything,” he said. Since President Trump took office, the Environmental Protection Agency (EPA) has been told not to tweet or communicate with the media while the agency reviews its public relations strategy. The Interior Department was also reportedly instructed to stop operating its Twitter accounts following a couple of National Park Service tweets about the size of Trump’s inauguration crowd.

The new political calculus on net neutrality

[Commentary] The window of opportunity for negotiating a legislative compromise on reasonable network neutrality protections is 2017. The 2015 assumptions supporting the old political calculus all collapsed with the election outcome. If supporters believe net neutrality is an enduring principle and protection worthy of being put into law, and not just politics, then a reasonable bipartisan compromise should be possible.

A critical point here that many are missing is that the old net neutrality political calculus was not about net neutrality itself. It was about the FCC asserting and gaining court deference so it could de facto legislate Internet policy over time via unbounded, sweeping, regulatory authority. In short, the election completely upended the old net neutrality political calculus. Net neutrality supporters would be wise to take the proverbial bird in hand of a legislative compromise now, rather than betting they can grasp for the two birds in the bush whenever they want. Time will tell if enough Senate Democrats consider net neutrality a substantive policy worth preserving.

[Scott Cleland is President of Precursor LLC chairman of NetCompetition, a pro-competition e-forum supported by broadband interests.]

Google and Netflix join fight against municipal broadband restrictions

Google and Netflix joined a handful of advocacy groups and other companies lobbying against a proposed Virginia state law that would make it far more difficult for municipalities to offer Internet service. The "Virginia Broadband Deployment Act" would prohibit municipal broadband deployments except in very limited circumstances. For example, localities wouldn't be allowed to offer Internet service to residents if an existing network already provides 10Mbps download and 1Mbps upload speeds to 90 percent of potential customers. Even if that condition is met, municipalities would have to jump through several legal hoops before being allowed to build a network. "This bill would effectively ban new public broadband networks and public-private partnerships and cripple existing ones, harming both the public and private sectors, retarding economic growth, preventing the creation or retention of jobs around the Commonwealth, particularly in rural areas, hampering work force development, and diminishing the quality of life in Virginia," bill opponents including Google and Netflix wrote in a letter to State House Commerce Committee Chairman Terry Kilgore, a Republican.

An ‘Open-Internet’ Letter to FCC Chairman Ajit Pai

[Commentary] Because you will be the new chairman of the Federal Communications Commission, we want to initiate a dialogue with you—and the public. At the core of that dialogue: How the FCC can foster competition in the communications market yet at the same time protect the American public from media concentration and oligarchic control of television, radio and the internet.

The Writers Guild of America, East, represents thousands of writers working in film, television, news and digital media. Our members are directly affected by the decisions made by the FCC. They have made it clear that they want their work to be accessible to as many people as possible through an open internet and a competitive marketplace. If the FCC were to overturn net neutrality and allow companies like AT&T and Time Warner to merge, the real losers will be hardworking Americans who will see their bills increase and their access to content restricted. As you assume the chairmanship of the FCC, please contemplate all the possible consequences of your actions and take these vital concerns to heart.

[Michael Winship is the President of the Writers Guild of America, East. Lowell Peterson is the Executive Director of the Writers Guild of America, East.]

Facebook Moves to Curtail Fake News on ‘Trending’ Feature

Facebook is overhauling its “trending topics” box, part of its effort to curb fake news and expose users to a broader range of information. Starting Jan 25, Facebook’s software will surface only topics that have been covered by a significant number of credible publishers, a move designed to cut back on hoaxes by giving more weight to information sources that have been around longer. What’s more, the topics will no longer be personalized to every Facebook user, which could puncture users’ so-called filter bubble and expose them to a variety of different news sources and events.

Facebook has changed its trending feature several times since last spring, after allegations that Facebook contract workers who selected the headlines altered what appeared, for political reasons. In August, Facebook fired the contract workers and opted for a largely software-driven approach. This change, which did away with headlines in favor of hashtags and keywords, quickly led to the appearance of false stories in the box. After the November US presidential election, employees and outsiders criticized Facebook’s laissez-faire attitude toward fake news and its role in creating and enforcing echo chambers, in which like-minded users share and read articles that confirm their beliefs.