April 2017

April 28, 2017 (Net Neutrality’s New Chapter)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for FRIDAY, APRIL 28, 2017

Today's Event -- The Fuzzy and the Techie: Humanizing Technology to Address Our Gravest Problems, New America -- https://www.benton.org/node/258010


COMMUNICATIONS & DEMOCRACY
   2017 World Press Freedom Index: Journalism weakened by democracy’s erosion - press release
   Killing Net Neutrality Is a Critical Goal in Trump's Campaign Against Free Speech - Free Press

CIVIC ENGAGEMENT
   Voters have faxed 800,000 pages of political opinions to their elected officials using Resistbot [links to Benton summary]
   GoFundMe campaigns to buy lawmakers’ web histories raised hundreds of thousands of dollars — then failed to deliver [links to Vox]

FCC MEETING AGENDA
   FCC Announces Tentative Agenda For May 2017 Open Meeting - press release
   FCC Consumer Advisory Committee Scheduled for May 19 [links to Federal Communications Commission]

NETWORK NEUTRALITY
   Net Neutrality’s New Chapter - analysis
   FCC Commissioner Clyburn and FTC Commissioner McSweeny Joint Statement on Open Internet - press release
   Public Notice on Filing Comments on Restoring Internet Freedom - public notice
   The FCC is asking whether the agency needs net neutrality on its rulebooks at all [links to Vox]
   The FCC’s plan to kill net neutrality is here and it’s a vague, open-ended mess [links to Verge, The]
   Net neutrality fight descends into trench warfare [links to Hill, The]
   What killing net neutrality means for the internet - analysis
   Why the FCC’s Plans to Gut Net Neutrality Just Might Fail - Wired analysis
   Rollback of net neutrality rules would give Verizon and AT&T a huge edge in digital media - Fierce editorial
   The ‘Fix’ for Net Neutrality That Consumers Don’t Need - op-ed
   FCC’s Plan to Reverse Net Neutrality Reignites Legislative Debate [links to Benton summary]
   Make the Net Neutral Again - WSJ editorial [links to Benton summary]
   Title II Can’t Deliver an Open, Modern Internet for Consumers - USTelecom CEO op-ed [links to Benton summary]
   Netflix Is No Longer the Poster Child for Net Neutrality. Who’s Next? [links to Benton summary]

MORE BROADBAND/INTERNET
   Lawmakers reintroduce online sales tax bills [links to Hill, The]

JOURNALISM
   News leaders struggle with fake news and filter bubbles while subscriptions rise [links to Columbia Journalism Review]
   Eric Boehlert: The Press Struggles To Finally Break Its "Populist" Habit For Trump [links to Media Matters for America]

CONTENT
   House Passes Copyright Office Reform Bill
   Big content cheers as Congress votes on changes to US Copyright Office [links to Ars Technica]
   Lawmakers stare down challenge of cyber-enabled ‘fake news’ [links to Hill, The]
   Facebook says it will act against 'information operations' using false accounts [links to Benton summary]
   Facebook admits: governments exploited us to spread propaganda [links to Guardian, The]
   Facebook sees rise in government requests for user data [links to Hill, The]
   The most important part of Facebook's disinformation strategy is what it leaves out: How much should a social network do to fight espionage? [links to Verge, The]
   Study: 69% of U.S. Homes Connect a TV to Internet [links to Broadcasting&Cable]

SECURITY/PRIVACY
   Redrawing the Battle Lines in the ISP Privacy Debate - New America [links to Benton summary]
   Uber’s ‘fingerprinting’ of iPhones after users delete app has sparked an FTC complaint [links to Benton summary]
   GoFundMe campaigns to buy lawmakers’ web histories raised hundreds of thousands of dollars — then failed to deliver [links to Vox]

OWNERSHIP
   Commissioner Clyburn Remarks at the Media Solutions Summit - speech [links to Benton summary]
   Love is in the air: M&A speculation heats up as FCC's quiet period is set to lift [links to Benton summary]

LABOR
   Sexism, racism and bullying are driving people out of tech, US study finds

DIVERSITY
   FCC’s Equal Employment Opportunity Policies Subject of Re-examination and Update [links to CommLawBlog]
   Who Run the Network? Men. - New America [links to Benton summary]

CHILDREN & MEDIA
   Poll: Most teens have taken social media break [links to USAToday]
   Grounding your kids from social media doesn’t do much — and could hurt them [links to Washington Post]

POLICYMAKERS
   DOJ Antitrust Nominee Makan Delrahim's Hearing on Hold [links to Broadcasting&Cable]

COMPANY NEWS
   Comcast, the largest broadband company in the US, is getting even bigger [links to Benton summary]

STORIES FROM ABROAD
   Faster Broadband for All Is Now Closer to Reality in the UK [links to Benton summary]
   Huawei, Chinese Technology Giant, Is Focus of Widening U.S. Investigation [links to New York Times]

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COMMUNICATIONS & DEMOCRACY

2017 WORLD PRESS FREEDOM INDEX
[SOURCE: Reporters Without Borders, AUTHOR: ]
The 2017 World Press Freedom Index, published by Reporters Without Borders (RSF), shows that violations of the freedom to inform are less and less the prerogative of authoritarian regimes and dictatorships. Once taken for granted, media freedom is proving to be increasingly fragile in democracies as well. In sickening statements, draconian laws, conflicts of interest, and even the use of physical violence, democratic governments are trampling on a freedom that should, in principle, be one of their leading performance indicators. In the span of just a year, the number of countries where the state of the media is considered “good” or “fairly good” has fallen by 2.3%. Countries regarded as model democracies are no exceptions. The United States’ ranking for press freedom declined in 2017, driven in part by Donald Trump’s attacks on the news media, which also triggered a decline in other democracies. Reporters Without Borders, which compiles the World Press Freedom Index based on its assessment of the legal environment and government threats to journalists, ranked the United States 43rd out of 180 nations. It finished two spots lower than a year ago, ranking just behind Burkina Faso and just ahead of Comoros. “The election of the 45th president of the United States set off a witchhunt against journalists,” the group said in an analysis of its data. “Donald Trump’s repeated diatribes against the Fourth Estate and its representatives — accusing them of being ‘among the most dishonest human beings on earth’ and of deliberately spreading ‘fake news’ — compromise a long US tradition of defending freedom of expression.”
benton.org/headlines/2017-world-press-freedom-index-journalism-weakened-democracys-erosion | Reporters Without Borders | read the report | Washington Post
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KILLING NN IS GOAL IN TRUMP'S CAMPAIGN AGAINST FREE SPEECH
[SOURCE: Free Press, AUTHOR: Joseph Torres]
[Commentary] President Donald Trump’s playbook to curb free speech and silence dissenting voices goes far beyond his Twitter rants and his verbal attacks on the press. The president’s appointed chairman of the Federal Communications Commission, Ajit Pai, unveiled his plan to kill network neutrality at a closed-door FreedomWorks-sponsored event. It’s appropriate that Chairman Pai made this announcement at a gathering sponsored by a telecom-funded organization that played a key role in elevating the racist Tea Party movement. His plan will allow powerful corporations to silence the voices of everyday people — especially people of color — who struggle to be heard. But these are surroundings Chairman Pai is comfortable in. He’s a former Verizon lawyer and a former Senate staffer for Attorney General Jeff Sessions, a hero to White nationalists. And now Pai will carry out Trump’s agenda to silence dissenting voices.
benton.org/headlines/killing-net-neutrality-critical-goal-trumps-campaign-against-free-speech | Free Press
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FCC MEETING AGENDA

FCC MAY OPEN MEETING
[SOURCE: Federal Communications Commission, AUTHOR: Press release]
Federal Communications Commission Chairman Ajit Pai announced that the following items are tentatively on the agenda for the May Open Commission Meeting scheduled for Thursday, May 18, 2017:
Satellite Earth Stations in Motion – The Commission will consider a Notice of Proposed Rulemaking that would both facilitate the deployment of and reduce regulatory burdens on the three types of Fixed-Satellite Service earth stations authorized to transmit while in motion: Earth Stations on Vessels, Vehicle-Mounted Earth Stations, and Earth Stations Aboard Aircraft. (IB Docket No. 17-95)
Part 95 Reform – The Commission will consider a Report and Order that would amend provisions of the Personal Radio Services located in Part 95 of the Commission’s rules in order to address two Petitions for Rulemaking, update and modernize various rules to reflect current uses and technologies, remove outdated regulatory requirements, and reorganize the rules to make them easier to read and understand. (WT Docket No. 10-119, RM-10762, RM-10844)
Modernization of Media Regulation Initiative – The Commission will consider a Public Notice that would launch a review of the Commission’s rules applicable to media entities and seek comment on what rules should be modified or repealed. (MB Docket No. 17-105)
Proposed Elimination of Main Studio Rule – The Commission will consider a Notice of Proposed Rulemaking that would propose to eliminate the Commission’s main studio rule, based on a tentative finding that the rule is now outdated and unnecessarily burdensome for broadcast stations. (MB Docket No. 17-106)
Restoring Internet Freedom – The Commission will consider a Notice of Proposed Rulemaking that would propose to restore the Internet to a light-touch regulatory framework by classifying broadband Internet access service as an information service and by seeking comment on the existing rules governing Internet service providers’ practices. (WC Docket No. 17-108)
Connect America Fund – The Commission will consider a Notice of Proposed Rulemaking that proposes to eliminate a rule requiring rural telecommunications service providers receiving USF support to impose higher minimum monthly rates on their customers than the rates paid by some of their urban counterparts, or otherwise lose some USF support. The Commission will also consider a related Order that would freeze the current rate. (WC Docket No. 10-90)
benton.org/headlines/fcc-announces-tentative-agenda-may-2017-open-meeting | Federal Communications Commission | Chairman Pai blog | Satellite Earth Stations | Part 95 Reform | Media Regulation Modernization | Main Studio Rule | Restoring Internet Freedom | Connect America Fund
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NETWORK NEUTRALITY

NET NEUTRALITY’S NEW CHAPTER
[SOURCE: Benton Foundation, AUTHOR: Kevin Taglang]
[Commentary] Stop me if you’ve heard this before. News leaked that the Federal Communications Commission Chairman will propose new network neutrality rules to ensure a free and open Internet. People freaked out. FCC Chairman outlines his plan for net neutrality. People freak out more. FCC Chairman releases full net neutrality proposal. All Hell breaks loose. Although there’s generally been bipartisan agreement that broadband subscribers deserve consumer protection, there’s never been political consensus on how to ensure those protections. For anyone scoring at home, here's how we arrived at where we are this week. And here's what to expect in the weeks ahead.
https://www.benton.org/blog/net-neutralitys-new-chapter
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CLYBURN AND MCSWEENY JOINT STATEMENT ON OPEN INTERNET
[SOURCE: Federal Communications Commission, AUTHOR: FCC Commissioner Mignon Clyburn, FTC Commissioenr Terrell McSweeny]
Federal Communications Commission Chairman Pai released a plan that, if implemented, will hand over control of the open internet to the powerful gatekeepers of our connections to the modern world. Despite the Chairman’s description of the proposal as a way to reduce onerous regulation, stimulate investment, and protect consumer privacy, the proposal would do otherwise. If adopted, Chairman Pai’s proposal will harm competition and innovation and will leave consumers without any real protection or oversight by either the Federal Trade Commission or FCC for broadband services. The FCC’s majority would have you believe they are supporters of a free and open internet. Make no mistake, this proposal is net neutrality in name only...We believe Americans will see the Chairman’s proposal for what it is: a gift to behemoth incumbent broadband providers at the expense of innovators and consumers. This is not putting #ConsumersFirst. As Commissioners of the FCC and FTC, we stand united in our fight to protect consumers and ensure that the 2015 Open Internet rules remain in place for decades to come.
benton.org/headlines/fcc-commissioner-clyburn-and-ftc-commsissioner-mcsweeny-joint-statement-open-internet | Federal Communications Commission
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PUBLIC NOTICE ON FILING COMMENTS ON RESTORING INTERNET FREEDOM
[SOURCE: Federal Communications Commission, AUTHOR: Public notice]
With the opening of a new proceeding on Restoring Internet Freedom, the Commission anticipates significant public engagement and a high volume of filings. The Consumer and Governmental Affairs Bureau provides this guidance to facilitate public participation and to make commenting easy. Those who wish to file individual comments may submit them electronically via the Electronic Comment Filing System (ECFS). However, we anticipate that some may wish to submit a large number of comments from multiple individuals, each with the same or similar content. We strongly encourage parties who seek to file a large number of comments or “group” comments to do so through the public API or the Commission’s electronic inbox established for this proceeding, called Restoring Internet Freedom Comments.
benton.org/headlines/public-notice-filing-comments-restoring-internet-freedom | Federal Communications Commission
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WHAT IT MEANS
[SOURCE: The Hill, AUTHOR: Ali Breland]
[Commentary] Here are 4 ways the internet will change if Federal Communications Commission Chairman Ajit Pai gets his way on net neutrality: 1) More free data plans, 2) Internet fast lanes, 3) Smaller internet service providers and internet startups could be in for a tough time, and 4) Shifting broadband regulation to the Federal Trade Commission.
benton.org/headlines/what-killing-net-neutrality-means-internet | Hill, The
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WHY FCC'S PLANS TO GUT NET NEUTRALITY JUST MIGHT FAIL
[SOURCE: Wired, AUTHOR: Klint Finley]
The Federal Communications Commission will vote on—and given its Republican majority, likely pass—the network neutrality proposal during an open meeting May 18. But that will only start what promises to be a lengthy battle for the future of net neutrality. To truly torpedo the requirements, FCC Chairman Ajit Pai will have to make the case that he’s doing so for good reason. A 1946 law called the Administrative Procedures Act bans federal agencies making “capricious” decisions. The law is meant, in part, to keep regulations from yo-yoing back and forth every time a new party gained control of the White House. The FCC successfully argued in favor of Title II reclassification in federal court in 2016. That effort means Chairman Pai might have to make the case that things had changed enough since then to justify a complete reversal in policy. “That’s a pretty dramatic reversal,” says Marc Martin, chair of communications law at Perkins Coie. “Presuming there’s an appeal, a court may find that arbitrary.”
benton.org/headlines/why-fccs-plans-gut-net-neutrality-just-might-fail | Wired
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WU RESPONDS TO NET NEUTRALITY NPRM
[SOURCE: New York Times, AUTHOR: Tim Wu]
[Commentary] President Trump’s chairman of the Federal Communications Commission, Ajit Pai, announced plans to eliminate net neutrality (technically, make it “voluntary”) despite its popularity, record of success and acceptance by most of the industry. His proposal is of dubious legality. But should it succeed, the only real winners will be the cable and phone industries, which will gain yet another way to raise prices for everyone. The proposal is the epitome of senseless government action and sharply out of step with Trump’s populist mandate. Did Trump voters really vote for higher cable bills? In analyzing the attack on net neutrality, one looks in vain for the problem that needs to be fixed. Net neutrality refers to rules intended to ensure that broadband providers cannot block content or provide faster delivery to companies that pay more. The policy was put in place in the George W. Bush administration, where it enjoyed bipartisan support. In the years since, it has sheltered bloggers, nonprofit organizations like Wikipedia, smaller tech companies, TV and music streamers, and entrepreneurs from being throttled by providers like AT&T and Verizon that own the “pipes.” The idea of killing net neutrality certainly has nothing to do with voters or majority will. Instead, the proposal, like Pai’s earlier gutting of privacy protections for cable customers, is at war with the economic populism that voters claimed they wanted and that Mr. Trump promised.
[Tim Wu is a professor at Columbia Law School]
benton.org/headlines/fix-net-neutrality-consumers-dont-need | New York Times
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ROLLBACK OF NN GIVES VERIZON AND ATT HUGE EDGE
[SOURCE: Fierce, AUTHOR: Colin Gibbs]
[Commentary] Federal Communications Commission Chairman Ajit Pai drew applause from the wireless industry yesterday as he outlined his plan to overturn network neutrality rules adopted under his predecessor Tom Wheeler. But rolling back those rules will give the nation’s two largest carriers a huge advantage as the wireless and digital media markets collide. The fight over net neutrality has grown more contentious in recent months in the wireless industry as carriers increasingly expand into digital media and advertising to offset slowing growth in the US mobile market. AT&T acquired DirecTV and hopes to join forces with Time Warner, for instance, while Verizon has acquired AOL and agreed to buy Yahoo. While zero-rated data is less of a factor in this era of unlimited-data plans, the undoing of net neutrality rules would still give operators opportunities to leverage their own content, placing smaller digital media companies at a disadvantage. Verizon could enable faster speeds for users willing to endure AOL ads, for instance, or AT&T could do the same for mobile users of its DirecTV Now service.
benton.org/headlines/rollback-net-neutrality-rules-would-give-verizon-and-att-huge-edge-digital-media | Fierce
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CONTENT

HOUSE PASSES COPYRIGHT OFFICE REFORM BILL
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The House has passed a bipartisan bill, the Register of Copyrights Selection and Accountability Act of 2017, that would make the head of the Copyright Office a presidential appointee, term limited to 10 years. The bill passed by a large margin, 378 to 48, but must still pass the Senate. Currently the register 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 position 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." There is currently an acting register, Karyn Temple Claggett, but no permanent pick, so this would apply to the next full-time official. Claggett replaced Maria Pallante, who pushed for making illegal streaming of copyrighted works a felony and shared ISP concerns with the impact of the FCC's set-top box proposal on copyrights and contracts.
benton.org/headlines/house-passes-copyright-office-reform-bill | Broadcasting&Cable
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LABOR

SEXISM, RACISM, BULLYING
[SOURCE: The Guardian, AUTHOR: Sam Levin]
Sexual harassment, bullying and racist stereotyping are common in the technology industry, creating a culture that drives underrepresented employees out of their jobs, new research has found. One in 10 women in tech experience unwanted sexual attention, and nearly one in four people of color face stereotyping, according to the Kapor Center for Social Impact and Harris Poll, which surveyed more than 2,000 people who left tech jobs in the last three years. The findings – which suggest that sexual harassment and complaints about unfairness are disproportionately high in the tech sector compared to other industries – come at a time of heightened debates around diversity and discrimination in Silicon Valley. The Tech Leavers Study is the first report of its kind to analyze the reasons why tech workers voluntarily leave their jobs and paints a picture of turnover driven by hostile work environments.
benton.org/headlines/sexism-racism-and-bullying-are-driving-people-out-tech-us-study-finds | Guardian, The
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Net Neutrality’s New Chapter

[Commentary] Stop me if you’ve heard this before. News leaked that the Federal Communications Commission Chairman will propose new network neutrality rules to ensure a free and open Internet. People freaked out. FCC Chairman outlines his plan for net neutrality. People freak out more. FCC Chairman releases full net neutrality proposal. All Hell breaks loose. Although there’s generally been bipartisan agreement that broadband subscribers deserve consumer protection, there’s never been political consensus on how to ensure those protections. For anyone scoring at home, here's how we arrived at where we are this week. And here's what to expect in the weeks ahead.