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March 2017

Five flawed assumptions of broadband infrastructure policy

[Commentary] Kudos to the House Commerce Committee’s for its recent hearing on Broadband: Deploying America’s 21st Century Infrastructure. The session demonstrated different views on how and to what degree the government should be involved in broadband deployment, but it also exposed policymakers’ assumptions on broadband and showed what information is missing from the discussion:
Flawed Assumption 1: Government subsidies for broadband will create economic growth.
Flawed Assumption 2: Private providers are failing in their investments.
Flawed Assumption 3: Government should adopt a broadband speed target.
False Assumption 4: The quality of mobile coverage is a function of the network.
False Assumption 5: There is no business case for investment.

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

Google is Quietly Grooming Companies Overseas in a Strategic Move to Bring the Next Billion Online

[Commentary] Google wants to educate non-US born entrepreneurs on the best practices of product development and speed up their learning curves. Think of it as strategic philanthropy: In exchange for helping these companies grow, Google gets to scrutinize their books, observe how its own products are being used (or not) in less familiar markets, and spread its gospel to the far reaches of the globe. Eventually, these companies will play an enormous role in getting millions more people to conduct their lives online, and Google will be there as well, ready to scoop up new users.
[Sandra Upson is executive editor of Backchannel.]

Wellspring’s dark money crucial to judicial group, helps others in Trump orbit

[Commentary] Moments after President Donald Trump’s January announcement that Neil Gorsuch was his pick to fill the late Justice Antonin Scalia’s Supreme Court seat, a small nonprofit that most Americans have never heard of launched ConfirmGorsuch.com. Complete with a tender video telling how Gorsuch “ran a paper route, shoveled snow, worked the night shift” before becoming a judge, the site provides biographical material and recorded lectures from Gorsuch The group behind the site, the Judicial Crisis Network (JCN) let it be known that it was playing for keeps, pledging to put $10 million into ad campaigns and social media promotion and hiring multiple lobbyists, all meant to pressure senators into approving Gorsuch for the slot.

But don’t expect to soon learn what wealthy individual, corporation, or even, potentially, foreign entity is providing the cash for this pro-Gorsuch push. JCN, as a 501(c)(4) social welfare organization, can keep its wealthy funders anonymous. Mostly, anyway: The only traceable donors are other 501(c) organizations acting as conduits for the anonymous cash directed at JCN and other groups. New tax returns obtained by the Center for Responsive Politics show that one such donor group, the Wellspring Committee, keeps the Judicial Crisis Network afloat, as it has for years. The filings also show that Wellspring’s own cashflow comes largely from an $8.5 million contribution from a single anonymous donor. In addition to pumping millions of dollars into JCN, the Wellspring Committee began to fund a handful of other nascent organizations — like the 45Committee — that have strong ties to the Trump administration and are boosting the White House’s agenda.

[This post was made by OpenSecrets.org]

New Bill Would Make Copyright Chief Term-Limited POTUS Pick

The Register of Copyrights Selection and Accountability Act of 2017 was introduced late March 23. The bipartisan bill, co-sponsored by House Judiciary Committee Chairman Bob Goodlatte (R-VA) and Ranking Member John Conyers (D-MI), would make the position a presidential appointment, requiring confirmation by the Senate, and with a term limit of 10 years.

Currently it is an appointment of, and reports to, the Librarian of Congress and has no term limit. The Register of Copyrights oversees the Copyright Office, whose opinion that online video streamers aren't pay-TV providers when it comes to compulsory license eligibility was just deferred to by the Ninth Circuit in ruling against streamer FilmOn X. The duties of the registrar include "legal interpretation of the copyright law...promulgating copyright regulations; advising Congress and other government officials on domestic and international copyright policy and other intellectual property issues."

AT&T, DOJ Settle Dodgers Suit

The Department of Justice has reached a settlement with DirecTV parent AT&T in which it agreed not to share "confidential, forward-looking information with competitors." The antitrust division filed suit Nov. 2 and alleged that DirecTV was the lead entity in "information exchanges" with competitors — Cox, Charter and AT&T — during negotiations for Time Warner Cable-owned SportsNet LA and its Dodgers games.

The agreement stipulates that "when DirecTV and AT&T negotiate with providers of video programming, including negotiations to telecast the Dodgers Channel, they will not illegally share competitively sensitive information with their rivals." There will also be mandatory monitoring — by the companies, not the government — of communications between programming execs and rival companies, as well as compliance programs and "antitrust training."

March 24, 2017 (Senate Votes to Overturn Broadband Privacy Rules)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for FRIDAY, MARCH 24, 2017


SECURITY/PRIVACY
   Congress Moves to Strike Internet Privacy Rules From Obama Era
   Senate's FCC Privacy Rule Smackdown Draws a Crowd [links to Broadcasting&Cable]
   Privacy Vote Draws Public Reaction [links to Multichannel News]
   Companies Aren’t off the Hook When It Comes to User Privacy - New America analysis [links to Benton summary]
   Feds: We’re pulling data from 100 phones seized during Trump inauguration [links to Ars Technica]
   Secretary of State Rex Tillerson ordered a "mandatory social media check" for all visa applicants who have ever been present in territory controlled by the Islamic State [links to Reuters]
   How technology tramples on freedom - op-ed [links to Benton summary]

NEWS FROM THE FCC MEETING
   Net Neutrality Protesters Face FCC Chairman Ajit Pai
   FCC Chairman Pai: Whether NY Times, CNN, NBC are 'fake news' is a ‘political debate’
   FCC Acts To Confront 'IRS Debt' Scam Robocalls and Malicious Caller-ID Spoofing - press release
   FCC Acts To Improve Video Relay Service To Help Americans With Hearing And Speech Disabilities - press release
   FCC Acts To Promote Public Safety By Curbing Prison Inmates' Use Of Contraband Wireless Devices - press release [links to Benton summary]
   FCC Enables Investments In And Provisioning Of Mobile Broadband Services In The 800 MHZ Cellular Band - press release [links to Benton summary]
   FCC Proposes To Eliminate And Streamline Burdensome International Reporting Requirements - press release [links to Benton summary]
   FCC Expands Channel Sharing Opportunities For Broadcasters - press release [links to Benton summary]
   FCC Adopts Consent Agenda Prior to March 23 Open Meeting [links to Federal Communications Commission]

COMMUNICATIONS & DEMOCRACY
   Read President Trump's Interview With TIME on Truth and Falsehoods
   All of the untrue things President Trump said in his Time interview about truth [links to Washington Post]
   Fact Check: Trump Misleads About The Times’s Reporting on Surveillance [links to New York Times]
   What Trump’s Time Interview Shows About His Thinking [links to New York Times]
   Proven wrong, President Trump borrows a defense from the media - analysis
   Trump tweets NBC, ABC broadcast 'biased and fake' Russia stories [links to Politico]
   Trump: ‘Such dishonesty’ in media coverage of Russia [links to Hill, The]
   Remarks at Workshop on "Public Diplomacy in a Post-Truth Society" - Bruce Wharton of State Dept speech [links to Benton summary]
   Different Day, Same Old Democratic Crisis [links to New America]

WIRETAP MISDIRECT
   Chairman Nunes Puts Credibility of House Panel He Leads in Doubt
   Chairman Nunes regrets briefing President Trump before Intelligence panel [links to Hill, The]
   Sen McCain: Nunes's actions 'very disturbing' [links to Hill, The]
   Rep Swalwell: Nunes ‘betrayed’ Intelligence panel’s independence [links to Hill, The]
   Joe Scarborough: ‘Remove Devin Nunes as Intel Chairman’ [links to Wrap, The]
   Jennifer Rubin: Chairman Nunes shows why he’s incapable of running an investigation [links to Washington Post]
   Editorial: Chairman Nunes Is a Lapdog in a Watchdog Role [links to New York Times]

INTERNET/BROADBAND
   Could New York’s Plan to Erase Its Digital Divide Work for America? - MIT Technology Review analysis [links to Benton summary]
   Google Fiber Community Impact Report - press release [links to Benton summary]
   How to Log Off of Facebook Forever, With All Its Perks and Pitfalls [links to New York Times]

DIGITAL EQUITY
   What More Do We Know About Ajit Pai’s Agenda? - analysis
   2017 Charles Benton Digital Equity Champion Award - press release

WIRELESS/SPECTRUM
   FCC Seeks Comment On The State Of Mobile Wireless Competition - press release [links to Benton summary]
   Former FCC Chairman Wheeler has a ‘huge smile’ for 600 MHz incentive auction results [links to Benton summary]
   comScore: Time spent on smartphones has double in just the past three years [links to MediaLife]
   Shane Tews -- Toward a connected future: Maximizing the Internet of Things [links to American Enterprise Institute]

JOURNALISM
   The Wall Street Journal and Trump: a history of hostility [links to CNN]
   Shepard Smith, the Fox News anchorman who drives the Fox News faithful crazy [links to Benton summary]
   Journalism cannot be neutral toward a threat to the conditions that make it possible. - Vox analysis [links to Benton summary]
   How Broadcast Networks Covered Climate Change In 2016 [links to Media Matters for America]
   2016 didn’t just give us “fake news.” It likely gave us false memories. A psychologist explains how easy it is to form false memories — and what that means for the future of our shared reality. [links to Vox]
   Is sharing fake news okay if it feels right? [links to Verge, The]
   I studied how journalists used Twitter for two years. Here’s what I learned [links to Poynter]

BROADCASTING/CABLE
   90 years later, the broadcast public interest standard remains ill-defined - research
   Justice Department Settles Civil Antitrust Claim Against AT&T and DIRECTV for Orchestrating Information Sharing Agreements with Competitors - press release

CHILDREN & MEDIA
   Fake News, Media Literacy, and the Role of Our Nation’s Schools - New America analysis [links to Benton summary]

ADVERTISING
   Impending Health Care Vote Spurs Political Ads On Both Sides Of Aisle [links to MediaPost]
   Google Faces Tall Order Policing Content [links to Wall Street Journal]
   Google Needs All the Clicks It Can Get [links to Wall Street Journal]

LABOR
   AT&T’s CWA-represented California, Nevada wireline workers settle strike [links to Fierce]

DIVERSITY
   The Status of Women in the US Media 2017 [links to Women’s Media Center]
   There’s going to be a Howard University campus at Google [links to Vox]
   Hollywood’s top lobbyists say diversity is good for business [links to Washington Post]

EMERGENCY COMMUNICATIONS
   Michigan is the Fourth State to Issue RFP to 'Opt-Out' of FirstNet Plan [links to Government Technology]

GOVERNMENT & COMMUNICATIONS
   Helping Government Leaders Convert Civic Data into Sound Policy [links to Government Technology]

POLICYMAKERS
   President Trump hired Matt Lira as tech whisperer in the White House [links to Vox]
   Obama civil rights head to run Leadership Conference on Civil and Human Rights [links to Benton summary]

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SECURITY/PRIVACY

SENATE VOTES TO OVERTURN PRIVACY RULES
[SOURCE: New York Times, AUTHOR: Cecilia Kang]
Republican lawmakers moved to dismantle landmark internet privacy protections for individuals, the first decisive strike against telecommunications and technology regulations created during the Obama administration and a harbinger for more deregulation to come. In a 50-to-48 vote largely along party lines, the Senate Republican majority voted to overturn the privacy rules, which had been created in October by the Federal Communications Commission. The move means a company like Verizon or Comcast can continue tracking and sharing people’s browsing and app activity without asking their permission. An individual’s data collected by these companies also does not need to be secured with “reasonable measures” against hackers. The privacy rules, which had sought to address these issues, were scheduled to go into effect at the end of 2017. The vote begins a repeal of those regulations. Next week, the House is expected to mirror the Senate’s action through the same Congressional Review Act procedure that allows Congress to overturn new agency rules. The House is expected to pass the resolution, which would then move to President Donald Trump to sign.
benton.org/headlines/congress-moves-strike-internet-privacy-rules-obama-era | New York Times | Washington Post | IDG News Service | ars technica
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FCC MEETING

PROTEST AT FCC
[SOURCE: Free Press, AUTHOR: Amy Kroin]
More than a dozen protesters from Free Press, Demand Progress, Open Media, Popular Resistance and the Women’s Institute for Freedom of the Press took a stand for Net Neutrality at the Federal Communications Commission. Activists wearing “Protect Net Neutrality” T-shirts filed into the room where the commissioners were holding their monthly open meeting. Once FCC Chairman Ajit Pai kicked off the meeting, the protesters stood and faced him. Security swooped in right away and escorted the activists out. FCC security forced a couple of protesters (and musicians in the punk bands Downtown Boys and Bad Moves) to take off their “Protect Net Neutrality” shirts before letting them in the meeting room — where the First Amendment no longer appears to apply.
benton.org/headlines/net-neutrality-protesters-face-fcc-chairman-ajit-pai | Free Press
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CHAIRMAN PAI ON FAKE NEWS
[SOURCE: The Hill, AUTHOR: Ali Breland]
Federal Communications Commissioner Chairman Ajit Pai said that President Trump’s charge that media outlets including The New York Times, CNN and NBC are “fake news” is a “political debate,” that he would not “wade into.” When asked by separate reporters during the FCC’s monthly open meeting if those organizations were “fake news,” as President Trump has repeatedly dismissed them, Chairman Pai said both times that he would not comment. “Well look, that’s a political debate that people in the political arena have been debating back and forth,” Chairman Pai said. “My job is to not to be a political actor. It is simply to be somebody at the FCC who, as I said, is administering the laws of the United States. I’m simply not going to wade into that kind of political debate.” Later he said, “Several years ago, I pointed out that I thought the news media performed a core job, exercising the First Amendment function of gathering news and the importance of distributing it to communities across this country, and keeping people informed,” Pai said. “I stand by those comments.”
benton.org/headlines/fcc-chairman-pai-whether-ny-times-cnn-nbc-are-fake-news-political-debate | Hill, The
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FCC ACTS TO CONFRONT ‘IRS DEBT’ SCAM ROBOCALLS AND MALICIOUS CALLER-ID SPOOFING
[SOURCE: Federal Communications Commission, AUTHOR: Press release]
In this Notice of Proposed Rulemaking, the Federal Communications Commission is seeking comment on rules that would codify the “Do-Not-Originate” initiative proposed by the FCC and launched by the industry strike force, allowing the effort to continue to grow and help more consumers. The proposed rules would allow carriers to block spoofed caller ID numbers associated with phone lines that do not actually dial out, without running afoul of FCC rules requiring carriers to complete all calls. A test of this concept, conducted by Strike Force members with the FCC’s permission, reduced IRS scam calls by about 90 percent in the third quarter of 2016.
benton.org/headlines/fcc-acts-confront-irs-debt-scam-robocalls-and-malicious-caller-id-spoofing | Federal Communications Commission
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FCC ACTS TO IMPROVE VIDEO RELAY SERVICE TO HELP AMERICANS WITH HEARING AND SPEECH DISABILITIES
[SOURCE: Federal Communications Commission, AUTHOR: Press release]
The Federal Communications Commission approved new rules to improve the quality and efficiency of video relay services. Video relay services (VRS) enable people who are deaf, hard-of-hearing and speech disabled to make calls over broadband through intermediaries using American Sign Language and a videophone. These changes respond to requests from VRS users for improved relay services – and a more robust marketplace of service providers – that are functionally equivalent to those available to hearing individuals. Specific provisions of the new rules include:
Specialized Interpreters: The FCC authorizes, on a trial basis, routing VRS calls that require the use of legal, medical, and computer support terminology to interpreters who have special skills in interpreting these technical conversations, and bringing in qualified deaf interpreters to help on calls from people with limited ability in signing or comprehension.
Comparison Shopping for VRS Companies: The FCC will begin taking action to publish providers’ speed-of-response history to help consumers make informed choices when shopping among providers. The FCC will also explore the development of new service quality data to help consumers make informed choices.
Direct Video Calls with Hearing People: Video phone numbers will be made available to hearing people who know American Sign Language, so they can have direct-dialed video calls with deaf consumers.
At-Home Interpreting: The Order authorizes a pilot program for VRS calls to be handled from home-based work stations under strict requirements to maintain call quality and confidentiality.
benton.org/headlines/fcc-acts-improve-video-relay-service-help-americans-hearing-and-speech-disabilities | Federal Communications Commission
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COMMUNICATIONS & DEMOCRACY

CHAIRMAN NUNES CREDIBILITY
[SOURCE: New York Times, AUTHOR: Emmarie Huetteman, Michael Schmidt]
Rep Devin Nunes (R-CA), the chairman of a House panel investigating Russian interference in the presidential election, may have dealt his own inquiry a fatal blow. Armed with intelligence that some Republicans said bolstered President Trump’s widely disputed claim of being wiretapped by the Obama administration, Chairman Nunes bypassed Democrats and went directly to the White House. The new information, Chairman Nunes said, showed that American intelligence agencies monitoring foreign officials may have “incidentally” picked up communications of Trump transition team members. The move angered Democrats who said that Nunes’s attempt to buttress Trump’s accusation raised questions about his ability to conduct an impartial bipartisan investigation. The House Intelligence Committee’s top Democrat, Rep Adam Schiff (D-CA), issued a challenge, saying that Chairman Nunes had to decide whether he was chairman of an independent investigation or “is going to act as a surrogate of the White House, because he cannot do both.”
benton.org/headlines/chairman-nunes-puts-credibility-house-panel-he-leads-doubt | New York Times
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TIME INTERVIEWS PRESIDENT TRUMP
[SOURCE: Time, AUTHOR: Michael Scherer]
I predicted a lot of things, Michael. Some things that came to you a little bit later. But, you know, we just rolled out a list. Sweden. I make the statement, everyone goes crazy. The next day they have a massive riot, and death, and problems. Huma [Abedin] and Anthony [Weiner], you know, what I tweeted about that whole deal, and then it turned out he had it, all of Hillary’s email on his thing. NATO, obsolete, because it doesn’t cover terrorism. They fixed that, and I said that the allies must pay. Nobody knew that they weren’t paying. I did. I figured it. Brexit, I was totally right about that. You were over there I think, when I predicted that, right, the day before. Brussels, I said, Brussels is not Brussels. I mean many other things, the election’s rigged against Bernie Sanders. We have a lot of things…. I’ll give you the front page story, and just today I heard, just a little while ago, that Devin Nunes had a news conference, did you hear about this, where they have a lot of information on tapping. Did you hear about that? Now remember this. When I said wiretapping, it was in quotes. Because a wiretapping is, you know today it is different than wire tapping. It is just a good description. But wiretapping was in quotes. What I’m talking about is surveillance. And today, [House Intelligence Committee Chairman] Devin Nunes just had a news conference.
benton.org/headlines/read-president-trumps-interview-time-truth-and-falsehoods | Time
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SUBSTANTIAL TRUTH
[SOURCE: Washington Post, AUTHOR: Callum Borchers]
[Commentary] President Donald Trump contended in his conversation with Time's Washington bureau chief, Michael Scherer, that although some of his assertions are not precisely true, they are substantially true. Ironically, the substantial-truth defense is borrowed from the news media — the “opposition party,” according to the White House — which sometimes uses it to win libel cases. Trump's argument was similar to the one presented by the A&E cable channel in a 2011 libel case brought by a Colorado prisoner named Jerry Lee Bustos. On an episode of “Gangland,” A&E labeled Bustos a member of the Aryan Brotherhood gang. In fact, Bustos was not a member. In Trump's case, the question is: What's the difference between saying something bad happened in Sweden Feb. 17 when the truth is that something bad happened Feb. 20? Now, let's remember that Trump spoke Feb. 18 — before the riot. He didn't misstate the date of a past incident; he referred to an incident that hadn't occurred, then got lucky (if you can call it that) when an incident two days later fit his extremely vague description. Let's also remember that a defense that can save you in federal court might not — and perhaps should not — save you in the court of public opinion. People rightfully expect media companies to report precise truth, not merely substantial truth. It is reasonable to hold the president to the same standard.
benton.org/headlines/proven-wrong-president-trump-borrows-defense-media | Washington Post
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DIGITAL EQUITY

CHAIRMAN PAI’S AGENDA
[SOURCE: Benton Foundation, AUTHOR: Robbie McBeath]
[Commentary] Federal Communications Commission Chairman Ajit Pai delivered his first major policy speech as Chairman on March 15th, in remarks titled, “Bringing the Benefits of the Digital Age to All Americans.” At Carnegie Mellon University in Pittsburgh, Pai discussed his guiding principles for his regulatory approach as FCC Chairman, and concluded with practical policies he will be championing to expand broadband access nationwide. Chairman Pai outlined four guiding regulatory principles:
The Importance of Digital Empowerment and the “Democratization of Entrepreneurship”
Ubiquitous Access to Digital Opportunity
A Competitive Free Market Unleashes Private-Sector Ingenuity
The Free Market Doesn’t Mean that Government Has No Role
https://www.benton.org/blog/what-more-do-we-know-about-ajit-pais-agenda
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2017 CHARLES BENTON DIGITAL EQUITY CHAMPION AWARD
[SOURCE: National Digital Inclusion Alliance, AUTHOR: Press release]
The second Charles Benton Digital Equity Champion Award will be presented in May at Net Inclusion 2017 in St. Paul (MN) by the National Digital Inclusion Alliance (NDIA). This is a call for nominations for candidates for the award. Digital Equity is a condition in which all individuals and communities have the information technology capacity they need for full participation in our society, democracy and economy. Digital Equity is necessary for civic and cultural participation, employment, lifelong learning, and access to essential services. Named for Charles Benton, the founder of the Benton Foundation, the award was created by NDIA to recognize leadership and dedication in advancing digital equity: from promoting the ideal of accessible and affordable communications technology for all Americans, to crafting programs and policies that make it a reality. The deadline for nominations for this year’s award is midnight (Eastern Daylight Time) Friday, April 14, 2017.
benton.org/headlines/2017-charles-benton-digital-equity-champion-award | National Digital Inclusion Alliance
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BROADCASTING/CABLE

BROADCAST PUBLIC INTEREST STANDARD REMAINS ILL-DEFINED
[SOURCE: Brookings, AUTHOR: Jack Karsten]
The public interest standard has governed broadcast radio and television since Congress passed the Radio Act of 1927. However, decades of successive court cases and updated telecommunications laws have done little to clarify what falls into the public interest. The Radio Act gave local broadcasters monopolies over specific channels of electromagnetic spectrum to reduce interference on public airwaves. In exchange for control over a limited resource, the text of the law instructs broadcasters to operate in the “public interest, convenience, and necessity”. A recently released paper by Center for Technology Innovation Nonresident Senior Fellow Stuart N. Brotman outlines the legislative, judicial, and regulatory history of this public interest standard and offers some recommendations for how it might be reformed.
benton.org/headlines/90-years-later-broadcast-public-interest-standard-remains-ill-defined | Brookings | read the paper
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DODGERS TV STANDOFF
[SOURCE: Department of Justice, AUTHOR: Press release]
The Department of Justice reached a settlement that will prohibit DIRECTV and its parent corporation, AT&T, from illegally sharing confidential, forward-looking information with competitors. The department’s Antitrust Division filed suit on Nov. 2, 2016, alleging that DIRECTV was the ringleader of a series of unlawful information exchanges between DIRECTV and three of its competitors – Cox Communications, Charter Communications and AT&T (before it acquired DIRECTV) – during the companies’ negotiations to carry the SportsNet LA “Dodgers Channel.” SportsNet LA holds the exclusive rights to telecast almost all live Dodgers games in the Los Angeles area. The settlement, which will obtain all of the relief sought by the department in its lawsuit, will ensure that when DIRECTV and AT&T negotiate with providers of video programming, including negotiations to telecast the Dodgers Channel, they will not illegally share competitively-sensitive information with their rivals. The settlement also requires the companies to monitor certain communications their programming executives have with their rivals, and to implement antitrust training and compliance programs.
benton.org/headlines/justice-department-settles-civil-antitrust-claim-against-att-and-directv-orchestrating | Department of Justice | Los Angeles Times
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