January 2017

Secret Rules Make it Pretty Easy for the FBI to Spy on Journalists

Rules governing the use of national security letters allow the FBI to obtain information about journalists’ calls without going to a judge or informing the targeted news organization. Secret FBI rules allow agents to obtain journalists’ phone records with approval from two internal officials — far less oversight than under normal judicial procedures. The classified rules, obtained by The Intercept and dating from 2013, govern the FBI’s use of national security letters, which allow the bureau to obtain information about journalists’ calls without going to a judge or informing the news organization being targeted. They have previously been released only in heavily redacted form.

Media advocates said the documents show that the FBI imposes few constraints on itself when it bypasses the requirement to go to court and obtain subpoenas or search warrants before accessing journalists’ information. The rules stipulate that obtaining a journalist’s records with a national security letter requires the signoff of the FBI’s general counsel and the executive assistant director of the bureau’s National Security Branch, in addition to the regular chain of approval. Generally speaking, there are a variety of FBI officials, including the agents in charge of field offices, who can sign off that an NSL is “relevant” to a national security investigation.

AT&T plans to deliver fast Internet over power poles

AT&T raised a few eyebrows fall 2016 when it announced experimental technology to deliver speedy “multi-gigabit” wireless Internet over existing power lines. Now that potential solution, called Project AirGig, appears much closer to becoming reality, and has moved well beyond the experimental stage.

AT&T says it is having “advanced discussions” with power companies to begin field trials of Project AirGig in at least two locations by the fall, and if all goes well commercial deployment could occur within 9 to 12 months. One of the trials will be in the US; a second, quite possibly, outside the country. Project AirGig technology involves placing small low-cost plastic antennas developed by AT&T Labs on top of existing power lines. These devices create a multi-gigabit signal that travels along or near the wire--but not actually through it. Using so-called mmWave surface wave launchers and inductive power devices, the signal can be moved from one pole to the next, and powered without a direct electrical connection. AT&T says it has secured more than 200 patents and patent applications. It also just reached an agreement to acquire a San Francisco company, FiberTower Corp, which holds mmWave spectrum rights. The AirGig technology can be deployed anywhere there are power poles, AT&T says: urban environments, rural areas, overseas.

Sen Franken Presses New FCC Chairman Pai to Protect Net Neutrality

Sen Al Franken (D-MN) put the pressure on new Federal Communications Commission Chairman Ajit Pai to join the fight to preserve network neutrality, the long-standing principle that the internet is and must remain an open and level playing field for every American consumer and business.

Sen Franken wrote, "As Chairman, you have an obligation to protect Americans' access to diverse information sources and to ensure that the internet remains a tool for American innovation, economic growth, and public discourse. I have no doubt that you recognize the significance of your new role, but your stated opposition to strong net neutrality rules raises serious concerns about your commitment to honoring the First Amendment. Allowing giant corporations to pick and choose the content available to everyday Americans would threaten the basic principles of our democracy. I urge you to protect freedom of speech by maintaining and enforcing the Open Internet Order."

Chairman Pai Pulls Set-Top Proposal

Former Federal Communications Commission Chairman Tom Wheeler's proposal to revamp set-tops is no longer on the FCC's list of items on circulation to be voted by the other commissioners. Top Republican Reps had asked FCC Chairman Ajit Pai to close the book on the proposal, which he and they had opposed. Neither Chairman Pai nor fellow Republican Commissioner Michael O'Rielly were likely to vote on it anyway, but the move makes it official that it is no longer in front of any of the commissioners for a decision.