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March 2017

Bills Limiting Broadband Move Forward in MO and TN Legilsatures

Broadband planners and supporters in Missouri and Tennessee say that legislative battles for publicly owned broadband have reached the tipping point this week. In MO, a bill that would prohibit municipalities from running broadband networks passed in the State Senate Jobs, Economic Development, and Local Government Committee and will move to the full Senate for debate.

In TN, several competing bills are in play, including one touted as a compromise that keeps the ban on municipal networks while allowing co-ops to offer broadband under certain conditions. Other proposals would remove municipal broadband limitations completely. On March 8, the TN bill was amended with the governor’s cooperation to allow co-ops to provide video. The original bill prevented co-ops from providing voice or video over any broadband networks they built. The last-minute change indicates that the wording of the bill is still open to negotiation — either to favor municipalities or to favor the positions of large telecommunications corporations that oppose the measure. In 2016, for example, when the Legislature was on the brink of removing municipal broadband restrictions entirely, AT&T forestalled the vote by helping push through a measure to study the issue for another year.

Sprint Gigabit LTE is Born, First Commercial Launch in New Orleans

A new mobile broadband experience took place in New Orleans (LA) March 8, with the unveiling of Sprint Gigabit LTE. The new service, which is seen as an evolutionary step towards 5G, delivers much faster mobile broadband, with some caveats. Sprint and its technology partners, Qualcomm and Motorola, say this is the first commercial deployment of Gigabit Class LTE in the US. Sprint is using their 2.5 MHz spectrum for the service, of which they have very deep holdings – over 204 MHz, 160 of which are concentrated in the top 100 US markets.

State Privacy and Security Coalition Pans FCC Data-Breach Deadlines

The State Privacy and Security Coalition has asked the Federal Communications Commission to grant the petitions of Internet service providers, advertising agencies and others to reconsider its broadband privacy rules. It is preaching to the choir when it comes to the Republican FCC majority, which voted recently to stay part of the rules implementation and signaled they wanted to revamp the rules, or deed broadband privacy authority back to the Federal Trade Commission.

In a filing with the FCC, the coalition, which identifies itself as representing 25 leading communications, technology, retail and media companies and six trade associations (business leagues, chambers of commerce, real estate boards, according to ProPublica), took particular aim at the breach notification deadlines in the order, which it says are "confusingly out of kilter" with state and Federal Trade Commission deadlines—the FTC deadlines are for edge provider data collection, rather than ISPs, which the FCC privacy rules apply to. The coalition says none of the 47 state breach notification laws require the seven-day notice to law enforcement and 30-day consumer notification deadlines. It says most states have no consumer notice deadline and those that do have at least 45 days.

Will tech firms save us from fake news?

[Commentary] Fake news has become a cause célèbre and fighting it has attracted some powerful players. Facebook just launched its “disputed” tag for possible fake news, and Google has promised to also go on the attack. But can current tech firms really stop or even slow down fake news? Probably not. Frankly, these firms’ business models enable the economic engine that powers fake news, and the demand for a social media site’s version of the truth is probably quite low.

The key to combating fake news probably lies in creating an economic engine that is more powerful than the one that drives fake news. Since costs are already minimal, the engine would have to give consumers more value. Sounds like we need a disruptive innovation, which is what new tech businesses are all about.

[Jamison is the director and Gunter Professor of the Public Utility Research Center at the University of Florida. He is also on the FCC Transition Team for President Trump.]

China to US: Stop hacking us

China asked the US government to stop spying on and hacking other countries, after WikiLeaks revealed data showing that the CIA can hack a range of devices, including some manufactured in China. Software companies quickly tried to detect security weak points following the WikiLeak news, with some calling for more details about what the US intelligence community was doing.

Cisco routers, which are widely used to provide wireless internet, were listed as a target in the WikiLeaks data. Cisco, a California-based company, markets its routers as providing “strong security and services to enterprise, service providers, and industrial networks.” Chinese companies such as Huawei and ZTE also are on the list. Chinese Foreign Ministry spokesman Geng Shuang asked the US to stop hacking China. "We urge the US side to stop listening in, monitoring, stealing secrets and internet hacking against China and other countries," Geng said.

March 9, 2017 (FCC Oversight Hearing)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for THURSDAY, MARCH 9, 2017

Today's Event -- Community Connectivity Initiative-Webinar Series, NTIA -- https://www.benton.org/node/245385


COMMUNICATIONS & DEMOCRACY
   Will Obama Sue Trump For Libel? - Geoffrey Stone op-ed
   Spicer: ‘Big difference' between publishing Podesta e-mails and classified CIA files [links to Benton summary]
   Michael Schuman: Trump’s media-bashing is making it easier for foreign regimes to gag the press [links to Washington Post]
   White House official terrorizes network green rooms [links to Benton summary]
   Vice President Mike Pence says he advocates for a free press. Here’s his shaky history with transparency. [links to Benton summary]
   Voice of America jumps through tech hoops to report on WikiLeaks docs [links to Washington Post]
   Poll: Vast majority wants President Trump to tweet less [links to Benton summary]
   Talking Trumpism: A New Political Journal Enters the Fray [links to New York Times]
   CBS' Pelley noted for blunt evaluations of President Trump [links to Associated Press]

WIRETAP MISDIRECT
   Sen Graham says he would subpoena for evidence on Trump wiretap claim [links to Hill, The]

NEWS FROM FCC OVERSIGHT HEARING
   A Little Part of the First Amendment Dies at FCC Oversight Hearing
   6 changes the FCC has made in just six weeks [links to Benton summary]

INTERNET/BROADBAND
   Civil Rights Groups Seek Meeting With FCC's Pai
   Global, US Average Broadband Speeds Accelerate [links to Multichannel News]
   Protecting the public interest, not the special interest, at the FCC - AEI op-ed [links to Benton summary]

SECURITY/PRIVACY
   Michael Hayden: How Trump Undermines Intelligence Gathering [links to New York Times]
   WikiLeaks disclosure exposes rapid growth of CIA digital operations — and agency vulnerabilities [links to Washington Post]
   FBI Is Probing How WikiLeaks Obtained CIA Spy Tools [links to Wall Street Journal]
   With Claims of C.I.A. Hacking, How to Protect Your Devices [links to New York Times]
   FTC Testifies Before House Committee About Data Security and Small Businesses [links to Federal Trade Commission]
   The battle for online privacy: What you need to know - C|Net analysis [links to Benton summary]
   Sen Flake's new bill would let ISPs sell your Web browsing data [links to Ars Technica]
   What’s The Fate Of Data Privacy In The Trump Era? [links to Benton summary]
   Biometric monitors bring fresh privacy concerns to pro sports [links to International Association of Privacy Professionals]
   Apple says it's already fixed many WikiLeaks security issues [links to USAToday]

ELECTIONS & MEDIA
   Study: Hillary Clinton’s TV ads were almost entirely policy-free [links to Vox]

JOURNALISM
   How the Indy Star navigated a public records minefield to break its Pence email story [links to Columbia Journalism Review]
   Op-Ed: Who Will Train Young Journalists When The Veterans Are Gone? [links to Huffington Post]
   Warren Buffett Is Bearish On Some Newspapers [links to MediaPost]
   The New Yorker’s chief fact-checker on how to get things right in the era of ‘post-truth’ [links to Columbia Journalism Review]
   Former top Trump aide Jason Miller joins CNN [links to Politico]

TELECOM
   Sens Markey, Lee introduce bill to crack down on certain robocalls

OWNERSHIP
   Tronc Eyes $100M Purchase of US Weekly [links to Wrap, The]
   Mossberg: Tech’s ruling class casts a big shadow [links to Vox]

CONTENT
   Life after Uber: How Austin moved on from a breakup [links to CNN]
   Eric Schmidt: ‘Big data is so powerful, nation states will fight’ over it [links to Vox]

TELEVISION
   Cutting the cord could cost as much as cable [links to USAToday]

WIRELESS/SPECTRUM
   No, iPhones Aren’t Luxury Items. They’re Economic Necessities [links to Wired]

CHILDREN & MEDIA
   Survey: Kids Value News But Don't Trust It

EDUCATION
   Apple may have already lost the battle to Google for a new generation of students [links to Vox]

DIVERSITY
   The Internet Without a Woman - The Verge [links to Benton summary]
   The Gender Gap Persists Online - PK press release [links to Benton summary]
   Senate Democrats Adopt Staff Diversity Rules [links to Roll Call]

POLICYMAKERS
   Meet the Hundreds of Officials President Trump Has Quietly Installed Across the Government [links to Benton summary]
   GAO Seeks Health Information Technology Advisory Committee Nominations [links to Government Accountability Office]
   Financier Anthony Scaramucci’s move from Wall Street to Washington has become unlikely after the Trump administration communications job he was offered in January was handed to someone else [links to Wall Street Journal]

STORIES FROM ABROAD
   Russia’s RT Network: Is It More BBC or K.G.B.? [links to New York Times]
   Chinese Internet Companies Lose Their Wiggle Room [links to Wall Street Journal]
   Chinese Mistake Satire on President Trump for Real News [links to New York Times]
   5 key takeaways from Mobile World Congress [links to International Telecommunication Union]

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COMMUNICATIONS & DEMOCRACY

WILL OBAMA SUE TRUMP FOR LIBEL?
[SOURCE: Huffington Post, AUTHOR: Geoffrey Stone]
[Commentary] With President Donald Trump’s early morning tweet several days ago accusing former President Barack Obama of unlawfully tapping his phone calls “during the very sacred election process,”and adding that “This is Nixon/Watergate. Bad (or sick) guy!,” Trump unambiguously accused President Obama of criminal conduct. In so doing, Trump committed the quintessential libel. It would be truly fascinating if Obama were now to sue Trump for defamation. Of course, this will not happen. Barack Obama is not that kind of “guy.” He is a person of integrity, calm, and self-restraint. So, perhaps sadly, we will be spared the drama of such litigation. But this is just one more illustration of why the person currently in the White House should not be there.
[Geoffrey Stone is the Edward h Levi Distinguished Service Professor of Law at the University of Chicago]
benton.org/headlines/will-obama-sue-trump-libel | Huffington Post
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NEWS FROM FCC OVERSIGHT HEARING

FCC OVERSIGHT HEARING
[SOURCE: Benton Foundation, AUTHOR: Kevin Taglang]
The Senate Commerce Committee held a hearing on oversight of the Federal Communications Commission on Wednesday, March 8. A good time was had by all. The committee’s senators highlighted a wide range of issues during the 2+ hour hearing. Here we focus on the First Amendment, broadband deployment, network neutrality, privacy, and the future makeup of the FCC. In an op-ed published in The Hill, former-FCC Commissioner Michael Copps urged new FCC Chairman Ajit Pai to speak out in defense of the First Amendment and freedom of the press. As a FCC Commissioner, Pai said, “In my view, anyone who has the privilege of serving at the FCC—any preacher with a pulpit, if you will—has the duty to speak out whenever Americans’ First Amendment rights are at stake.” With President Donald Trump calling journalists “the enemy of the American people”, Copps and others are looking to the nation’s top communications regulator to declare the government has no place pressuring media organizations. In his opening remarks, Committee Ranking Member Bill Nelson (D-FL) said, “Ultimately, for this senator, the success or failure of the commission rests not on the fulfillment of special interest wish lists, but on how those who are least able to protect themselves have been treated and whether first amendment rights, including those of journalists, are vigorously protected.” During the hearing, Senators Tom Udall (D-NM) and Maggie Hassan (D-NH) pressed Chairman Pai to affirm his support of a free press, but Pai repeatedly refused to directly answer whether he agreed or disagreed with the President. Instead Pai said, “I don’t want to wade into the larger political debates, but I will simply reaffirm the quotes that you offered from last year and the year before.” Sen. Udall pressed Pai saying, “You refuse to answer that, about the media being the enemy of the American people.” Later Sen Hassan also returned to the issue saying, “I’d just like to give you another chance, because it seems to me that if you’re an outspoken defender of the free press, that should be a pretty easy question for you.” “No,” Pai answered. “I believe that every American enjoys the protections of the First Amendment offered by the Constitution.” Sen. Hassan said she wished she had gotten a different response.
https://www.benton.org/blog/little-part-first-amendment-dies-fcc-oversig...
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INTERNET/BROADBAND

CIVIL RIGHTS GROUPS SEEK MEETING WITH PAI
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The Leadership Conference on Civil and Human Rights—whose over 200 members include the Communications Workers of America, the NAACP and the Anti-Defamation League—has written Federal Communications Commission Chairman Ajit Pai to express concerns about his early actions as chairman. Those included rescinding the eligibilities of most of a dozen new Lifeline subsidy applicants and withdrawing the March 2014 guidance on review of joint sales agreements. They said given those decisions, and Pai's dissent from the FCC's attempt to lower prison phone rates, they requested a meeting with the chairman to express their concern in person, adding that they were encouraged that he had said he was interested in hearing from those who disagree with him. "While we appreciate your announced intentions to address the digital divide and to proceed in a more transparent manner, your recent decisions on Lifeline, Joint Sales Agreements (JSAs), and inmate calling rates are of profound concern to The Leadership Conference and its Media/Telecommunications Task Force, organizations that are dedicated to ensuring affordable broadband, increasing media ownership diversity, and ending predatory prison phone rates," they wrote.
benton.org/headlines/civil-rights-groups-seek-meeting-fccs-pai | Broadcasting&Cable
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TELECOM

SENS INTRODUCE ROBOCALL BILL
[SOURCE: The Hill, AUTHOR: Harper Neidig]
Sens Ed Markey (D-MA) and Mike Lee (R-UT) introduced a bill aimed at cracking down on robocalls from government contractors. The bill, dubbed the Help Americans Never Get Unwanted Phone Calls (HANGUP) Act, would remove loopholes that exempt government contractors and federal debt collectors from robocall regulation, the lawmakers said. “When Congress passed the [Telephone Consumer Protection Act], the goal was clear: consumers should not be subject to unwanted robocalls and robotexts on their phones,” Sen Markey said. “But recent carveouts by Congress and the FCC allow government contractors to robocall and robotext consumers without their affirmative express consent," he added, referring to the Federal Communications Commission. Sen Lee characterized the legislation as "a check on Congressional entitlement and bureaucratic overreach." "If independent and private businesses are not allowed to harass consumers with unwanted robocalls and texts, government and government contractors should be held to that same standard," Sen Lee said.
benton.org/headlines/sens-markey-lee-introduce-bill-crack-down-certain-robocalls | Hill, The
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CHILDREN & MEDIA

COMMON SENSE MEDIA SURVEY
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
A new study by Common Sense Media found that while young people value news media, they say they are often fooled by fake news, which may account for the fact that only a quarter of them put a lot of trust in the information they get. The study found that young people 10-18 don't feel the news covers things they care about or misrepresent them when they are part of the story. According to the survey, 70% of the respondents said that the news makes them feel smart and knowledgeable, but 63% also said that what they see is disturbing and causes them to feel afraid, angry or depressed. Only 44% of them said they can tell fake news stories from real ones, and almost a third who have shared a news story online in the past six months (31%) said they had shared a story they later found out was wrong or inaccurate.
benton.org/headlines/survey-kids-value-news-dont-trust-it | Broadcasting&Cable | Common Sense Media
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