March 2017

PRIVACY

CONGRESS MOVES TO OVERTURN OBAMA-ERA PRIVACY RULES
[SOURCE: New York Times, AUTHOR: Cecilia Kang]
Congress completed its overturning of the nation’s strongest internet privacy protections for individuals on Tuesday in a victory for telecommunications companies, which can track and sell a customer’s online information with greater ease. In a 215-to-205 vote largely along party lines, House Republicans moved to dismantle rules created by the Federal Communications Commission in October. Those rules, which had been slated to go into effect later this year, had required broadband providers to receive permission before collecting data on a user’s online activities. The action, which follows a similar vote in the Senate, will next be brought to President Donald Trump, who is expected to sign the bill into law. A swift repeal may be a prelude to further deregulation of the telecommunications industry. Broadband companies immediately celebrated the House vote. They promised they would honor their voluntary privacy policies, noting that violations would be subject to lawsuits.
benton.org/headlines/congress-moves-overturn-obama-era-online-privacy-rules | New York Times | WSJ | Washington Post | LA Times | AP | Politico | CNN | NPR | recode | The Hill | ars technica | Guardian | FT
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PAI REACTION TO PRIVACY VOTE
[SOURCE: Federal Communications Commission, AUTHOR: FCC Chairman Ajit Pai]
Last year, the Federal Communications Commission pushed through, on a party-line vote, privacy regulations designed to benefit one group of favored companies over another group of disfavored companies. Appropriately, Congress has passed a resolution to reject this approach of picking winners and losers before it takes effect. It is worth remembering that the FCC’s own overreach created the problem we are facing today. Until 2015, the Federal Trade Commission was protecting consumers very effectively, policing every online company’s privacy practices consistently and initiating numerous enforcement actions. However, two years ago, the FCC stripped the FTC of its authority over Internet service providers. At the time, I strongly opposed usurping the FTC, and the FCC’s struggles to address the privacy issue over the past couple of years (along with its refusal to recognize consumers’ uniform expectation of privacy) has only strengthened that view. Moving forward, I want the American people to know that the FCC will work with the FTC to ensure that consumers’ online privacy is protected though a consistent and comprehensive framework. In my view, the best way to achieve that result would be to return jurisdiction over broadband providers’ privacy practices to the FTC, with its decades of experience and expertise in this area.
benton.org/headlines/fcc-chairman-pai-congressional-resolution-disapproving-privacy-regulations | Federal Communications Commission
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REPUBLICANS ATTACK INTERNET PRIVACY
[SOURCE: New York Times, AUTHOR: Editorial staff]
[Commentary] Republicans just made clear how little they care about protecting the privacy of Americans by letting companies like Verizon and Comcast sell advertisers the internet browsing histories and other personal data of their customers without getting permission. The move could bolster the profits of the telecommunications industry by billions of dollars. Telecom companies know a lot about what people do online because they are the gatekeepers through which people connect to the internet. And as people link household devices like thermostats, light bulbs and security cameras to the internet, these companies will have even more intimate knowledge about their customers. By comparison, people can more easily evade tracking by businesses like Google and Facebook by not using those services or by deleting the cookies those websites leave on their computers and phones. In the absence of strong privacy rules, people will have to rely on encryption to prevent service providers from tracking them. But broadband companies would still know what websites people visit. And the companies would be able to see all of the communications between users and websites that do not use encryption. Sophisticated users might increasingly rely on virtual private networks, which are used by corporations to let their employees log into secure systems remotely, and other tools to mask their activities, but most Americans are unlikely to be conversant with such tricks of the trade. President Trump promised voters during the campaign that he would protect the working class. But now he and his party are moving quickly to do the bidding of a very different interest group: Big Telecom.
benton.org/headlines/republicans-attack-internet-privacy | New York Times
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HOW THE REPUBLICANS SOLD YOUR PRIVACY TO INTERNET PROVIDERS
[SOURCE: New York Times, AUTHOR: Tom Wheeler]
[Commentary] While most people were focused on the latest news from the House Intelligence Committee, the House quietly voted to undo rules that keep internet service providers — the companies like Comcast, Verizon and Charter that you pay for online access — from selling your personal information. The bill not only gives cable companies and wireless providers free rein to do what they like with your browsing history, shopping habits, your location and other information gleaned from your online activity, but it would also prevent the Federal Communications Commission from ever again establishing similar consumer privacy protections. The bill is an effort by the FCC’s new Republican majority and congressional Republicans to overturn a simple but vitally important concept — namely that the information that goes over a network belongs to you as the consumer, not to the network hired to carry it. It’s an old idea: For decades, in both Republican and Democratic administrations, federal rules have protected the privacy of the information in a telephone call. In 2016, the FCC, which I led as chairman under President Barack Obama, extended those same protections to the internet. Here’s one perverse result of this action. When you make a voice call on your smartphone, the information is protected: Your phone company can’t sell the fact that you are calling car dealerships to others who want to sell you a car. But if the same device and the same network are used to contact car dealers through the internet, that information — the same information, in fact — can be captured and sold by the network.
[Tom Wheeler was the chairman of the Federal Communications Commission from 2013 to 2017]
benton.org/headlines/how-republicans-sold-your-privacy-internet-providers | New York Times
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WH STATEMENT ON BROADBAND PRIVACY RES
[SOURCE: White House, AUTHOR: Press release]
The Administration strongly supports House passage of Senate Joint Resolution 34, which would nullify the Federal Communications Commission’s final rule titled "Protecting the Privacy of Customers of Broadband and Other Telecommunication Services," 81 Fed. Reg. 87274 (December 2, 2016). The rule applies the privacy requirements of the Communications Act of 1934 to broadband Internet Service Providers (ISPs) and other telecommunications carriers. In particular, the rule requires ISPs to obtain affirmative "opt-in" consent from consumers to use and share certain information, including app usage and web browsing history. It also allows ISPs to use and share other information, including e-mail addresses and service tier information, unless a customer "opts-out." In doing so, the rule departs from the technology-neutral framework for online privacy administered by the Federal Trade Commission. This results in rules that apply very different regulatory regimes based on the identity of the online actor. If SJ Res 34 were presented to the President, his advisors would recommend that he sign the bill into law.
benton.org/headlines/white-house-statement-senate-resolution-broadband-privacy-rule | White House
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BLACKBURN PUSHING TO SET BACK ONLINE PRIVACY RAKES IN INDUSTRY FUNDS
[SOURCE: vocativ, AUTHOR: Kevin Collier]
The campaign contributions started small, with a handful of donations of a few thousand dollars each. In recent elections, however, it’s ballooned, with AT&T, Comcast, and Verizon each giving one of their favorite politicians in Congress between $15,000 and $20,000 every two years. All told, House Communications Subcommittee Marsha Blackburn (R-TN), author of a controversial resolution to let internet providers sell customers’ search histories to advertisers without notice or permission, has racked up well over half a million dollars in campaign donations from that industry over the course of her career. Privacy advocates are resoundingly against the resolution, designed to undo rules created by President Obama’s Federal Communications Commission in the waning days of his administration. The rules mandated internet providers like Comcast and Verizon get customers’ permission before offering sensitive search histories, like financial and health information, to marketers.
benton.org/headlines/house-communications-subcommittee-chairman-blackburn-pushing-set-back-online-privacy-rakes | Vocativ
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INTERNET/BROADBAND

COMMUNITY BROADBAND ACT
[SOURCE: US Senate, AUTHOR: Sen Cory Booker (D-NJ)]
US Senators Cory Booker (D-NJ), Edward Markey (D-MA), Claire McCaskill (D-MO), Angus King (I-ME), Ron Wyden (D-OR), and Richard Blumenthal (D-CT) introduced the Community Broadband Act to preserve and protect the rights of cities and localities to build municipal broadband networks. Municipal broadband can often provide an affordable, reliable option for rural and low-income communities that face persistent barriers to high-speed internet access. “Internet access is an economic necessity in today's economy, but too many communities lack reliable access,” Senator Booker said. “I saw this problem first-hand as mayor of Newark. In places where reliable, high-speed internet access is lacking, some municipalities have bridged the gap by investing in and offering broadband internet to their residents. But barriers to municipal broadband networks remain. Our bill will help remove these barriers by giving cities the flexibility they need to meet the needs of their residents.” Specifically, the Community Broadband Act will amend the Telecommunications Act of 1996 to ban any state, local, or tribal statute or regulation that prohibits cities from providing high-speed internet.
benton.org/headlines/senators-introduce-community-broadband-act | US Senate | read the bill
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JOURNALISM

THIS IS HOW YOU STOP FAKE NEWS
[SOURCE: Washington Post, AUTHOR: Adam Berinsky]
[Commentary] Previous research in this field suggests that attempts to counter political rumors often fail. Ironically, just repeating rumors that you’re trying to debunk may in fact reinforce those rumors. Those individuals who accept a rumor as true may in fact become more certain of their false beliefs the more it’s repeated, doubling down if there’s new sources of information that either supports or denies it. The lessons of my study are clear. Just as important as how a rumor is debunked is who does the debunking. Politicians who support good public policy by speaking against their partisan interests — in this case, Republicans speaking out against the death panel rumors — are considered credible sources by citizens from across the ideological spectrum. When fighting “fake news,” politicians and the media should present the right authority. In our politically polarized time, we may be able to harness the power of partisanship to stop the spread of misinformation.
[Adam J. Berinsky is a professor of political science at MIT and serves as the director of the MIT Political Experiments Research Lab (PERL). ]
benton.org/headlines/how-you-stop-fake-news | Washington Post
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BUDGET

CPB MAKES CASE ON HILL FOR FUNDING
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Corporation for Public Broadcasting president Patricia Harrison was on Capitol Hill March 28 to pitch full funding for noncommercial TV and radio—even as President Donald Trump has proposed cutting all federal funds—but to some Republican pushback over a familiar topic: alleged liberal bias, though to some encouraging words from the Republican chairman of the subcommittee. She also signaled that Federal Communications Commission spectrum auction funds wouldn't be a big boon for noncommercial stations looking for funding elsewhere. Harrison asked for full funding for 2020 (the service is forward-funded to attempt to insulate it from politics), $55 million for 2018 for interconnection systems and $30 million for the Ready to Learn program at the Department of Education.
benton.org/headlines/corporation-public-broadcasting-makes-case-hill-funding | Broadcasting&Cable | CPB Statement
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OWNERSHIP

NMA TO FCC
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The News Media Alliance, the principal newspaper association, has told the Federal Communications Commission there is no "rational explanation" for the commission to continue to preserve the 1975 newspaper-broadcast crossownership ban and that to do so limits their ability to be the counterpoint to the current spate of "fake news." NMA made the point in comments to the FCC in support of the National Association of Broadcasters, which asked the FCC to reconsider its quadrennial media ownership rule review conclusion last summer that the ban should remain in place. NMA says the rule undermines local news and prevents newspapers from competing in a crowded media landscape. The National Association of Black Owned Broadcasters, which also backs NAB's reconsideration petition, said that the ban limits competition and hurts broadcasters large and small. NMA said the same applies to newspapers, adding: "A threat to newspapers is a threat to the American people."
benton.org/headlines/news-media-alliance-fcc-stronger-industry-best-fake-news-defense | Broadcasting&Cable
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POSSIBLE TRIBUNE SUITOR SINCLAIR WOOS PAI
[SOURCE: Bloomberg, AUTHOR: Todd Shields]
Sinclair Broadcast Group, a broadcaster eager for freedom from US rules limiting mergers, lined up a Republican regulator for a company conference in Baltimore’s (MD) Four Seasons hotel days after the Nov 8 election. Ajit Pai’s trip from nearby Washington turned out to be a coup when Donald Trump’s surprise election win put Republicans in charge of the Federal Communications Commission. Now Sinclair had a soon-to-be FCC chairman on hand for a gathering of its executives and a meeting with its Executive Chairman David Smith, who has guided the Maryland-based broadcaster through explosive growth and wants more. The gleaming harbor-front hotel, home to fare including a $32 crab cake sandwich and a $15 “Ulterior Motive" cocktail, offered a memorable perch for impressing Pai. Sinclair has tripled its holdings over the past decade to become the biggest US broadcaster by number of outlets, with 173 stations that it owns or helps operate. It needs relief from FCC rules for more deals, such as a possible bid for the 42-station Tribune Media Co. “They are actively courting and buttering him up," said Craig Aaron, president of the policy group Free Press that’s critical of Sinclair, saying the company has sidestepped US rules limiting station ownership. “Clearly Sinclair believes that Ajit Pai is going to clear the way for them to do whatever kind of deals they want to do.”
benton.org/headlines/possible-tribune-suitor-sinclair-woos-fccs-pai-regulations | Bloomberg
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SECURITY

LIEU AND WYDEN PUSH FCC TO TACKLE CELLPHONE SECURITY FLAW
[SOURCE: The Hill, AUTHOR: Joe Uchill]
Rep Ted Lieu (D-CA) and Sen Ron Wyden (D-OR) are calling on the Federal Communications Commission to take "swift action" on a known cellphone security flaw. “It is clear that industry self-regulation isn’t working when it comes to telecommunications cybersecurity,” Sen Wyden and Rep Lieu wrote in a letter they cosigned, on March 28. At issue is Signaling System 7 (SS7), which allows cellphone networks to communicate with one another - among other purposes, letting cellphones roam from one network to another. In 2014, German security researcher Karsten Nohl determined that there was a bug in SS7 that could allow an attacker to record phone calls, place calls from other accounts, and create other mischief. The relatively obscure phone protocol, though, now has the attention of Congressional lawmakers.
benton.org/headlines/rep-lieu-and-sen-wyden-push-fcc-tackle-major-cellphone-security-flaw | Hill, The | read the letter
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GOVERNMENT PERFORMANCE

INNOVATION CAN FIX OR BREAK GVT
[SOURCE: Wired, AUTHOR: Emily Dreyfuss]
[Commentary] President Barack Obama more than any other president sought to apply Silicon Valley’s disruptive methods to government in an effort to make it work better for the people it’s supposed to serve. The White House has tapped President Donald Trump’s son-in-law Jared Kushner to lead the newly christened White House Office of American Innovation, which will reportedly operate like an in-house management consultancy, bringing fresh business ideas to government. Destructive innovation can work well for a company like, say, Uber, which is accountable only to its customers. But government doesn’t have customers. It has citizens for whom the government theoretically works. In practice that means policymakers can’t cavalierly destroy something to build it anew. A functional democracy doesn’t pick winners and losers. It exists to serve everyone. Instead of winner-take-all disruption, Kushner and his team of tech A-listers should tackle broader issues of efficiency and collaboration, which can be solved with better technology or processes—things that add value without taking any away from somewhere else.
benton.org/headlines/innovation-can-fix-government-sure-either-or-break-it | Wired
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March 2017

DHS Cyber Strategy Delayed for Trump Team Review

A “milestone moment” for public safety: Public safety leaders voice strong support for FirstNet’s success

Antitrust Division Issues 2017 Annual Newsletter

The News Media Alliance calls on the public to subscribe to local newspapers, support journalists

Saving Our Sounds

Pai's Lifeline Statement is Anti-competition and Anti-consumer

March 29, 2017 (Your ISP is Free to Sell Your Data)

Congress Moves to Overturn Obama-Era Online Privacy Rules

FCC Chairman Pai on Congressional Resolution Disapproving Privacy Regulations