July 2017

Digital Privacy to Come Under Supreme Court’s Scrutiny

The House of Representatives adopted the Email Privacy Act in February to modernize the protections afforded electronic communications that would require obtaining a search warrant in almost every case. That proposal met resistance in the Senate in 2016 when Attorney General Jeff Sessions, then a senator from Alabama, sought to add a provision allowing law enforcement to skip the warrant requirement in emergency situations. Whether the legislation can get through the current Senate is an open question, and it is not clear whether President Donald Trump would sign off if the Justice Department opposes the bill. That may mean the Supreme Court will have to establish the broad parameters of digital privacy while Congress tries to deal with the intricacies of a world of electronic communication that continues to evolve rapidly.

Devices connected to the internet, from cellphones to watches to personal training trackers that facilitate our personal habits and communications, are a fact of daily life, and the Supreme Court will have to start drawing clear lines around what types of electronic information are — and are not — protected by the Fourth Amendment. Simply asserting that there is a right to privacy does not provide much help in determining how far that protection should extend in a digital world.

Net Neutrality and Broadband Investment for All

[Commentary] Broadband providers need to know that they can innovate, invest and operate their networks without constantly worrying about federal bureaucrats second-guessing their decisions or micromanaging their businesses. Continuing down the Title II path isn’t necessary for achieving effective and strong net neutrality. We can have net neutrality protections – no blocking, throttling or unfair traffic prioritization – without regulations that stifle future network investments.

Federal Communications Commission Chairman Ajit Pai’s proposal is an important first step. But ultimately Congress should step in to ensure that we have permanent, enforceable net neutrality rules that provide certainty for everyone – consumers, innovators and ISPs.

[Jonathan Spalter is president of chief executive officer of USTelecom]

Why We’re Joining the ‘Day of Action’ in Support of an Open Internet

July 12, AT&T will join the “Day of Action” for preserving and advancing an open internet. This may seem like an anomaly to many people who might question why AT&T is joining with those who have differing viewpoints on how to ensure an open and free internet. But that’s exactly the point – we all agree that an open internet is critical for ensuring freedom of expression and a free flow of ideas and commerce in the United States and around the world.

We agree that no company should be allowed to block content or throttle the download speeds of content in a discriminatory manner. So, we are joining this effort because it’s consistent with AT&T’s proud history of championing our customers’ right to an open internet and access to the internet content, applications and devices of their choosing.

Net neutrality legislation needed in South Dakota

[Commentary] The current Federal Communications Commission Chairman, Ajit Pai, understands the dangerous nature of this government overreach [Title II] and is working to reverse these regulations, but I fear that those trying to invest in South Dakota’s broadband will have to slog through new regulations imposed by each new administration unless Congress protects the Internet with enforceable net neutrality legislation.

I ask Sen John Thune (R-SD) to help secure net neutrality protections by supporting legislation that protects consumer rights to an open internet, stabilizes oscillating Internet policy and encourages Internet companies to reinvest in the future of their networks and next-generation products and services. Legislation on net neutrality is needed to end the constant regulatory upheaval and help put this issue beyond the political bickering and agency turnover. Securing an open Internet will help broadband providers to deliver new breakthroughs and services to consumers – a goal shared by both parties. It is my hope that Sen Thune and all members of Congress will act by working with their colleagues to pass legislation that will lift these misapplied utility regulations and bring much needed security and stability to the Internet.

[Dave Roetman currently serves as the Minnehaha County GOP chairman and the South Dakota Republican Party finance director.]

Why Marsha Blackburn is wrong on net neutrality

[Commentary] House Communications Subcommittee Chairman Marsha Blackburn (R-TN) has tried to argue that ending network neutrality is good for Nashville’s musicians, but she’s flat wrong. She says that musicians would have the opportunity to negotiate “paid prioritization deals,” but this is just payola with a new name and the same ugly consequences for music.

Working musicians want to spend their time making and distributing music to their fans, not cutting special deals with big media conglomerates; allowing paid prioritization and other forms of discrimination is only good for big media companies that can afford to cut big checks. That’s why organizations like the Future of Music Coalition oppose what the Federal Communications Commission is trying to do. It’s critical that musicians stand up for net neutrality and oppose the FCC’s plan.

[E. Michael Harrington is a composer, musician, consultant, Music Business Program Faculty Chair at SAE Institute Nashville, course author and faculty at Berklee College of Music]

Meet the Woman Leading the Fight to Save Net Neutrality

An interview with Evan Greer, campaign director of Fight for the Future. Fast Company asked her about the state of network neutrality and the prospects for resisting President Donald Trump and Federal Communications Commission Chairman Ajit Pai’s policy effort.

Asked, "Beyond the day of action, is there an ongoing way that the campaign will continue?" Greer replied, "This is just the beginning. Even if the FCC moves ahead as quickly as possible, we’re not talking about a vote on this until at least the fall. And I think a lot of this will pivot to Congress. The FCC makes the decision on this specific proposal, but they answer to Congress, and every lawmaker should be paying attention to the fact that this is incredibly unpopular with constituents." Asked, "If the FCC does take away Title II designation, is the next move up to Congress?" Greer said, "After that, it would go to the courts. The FCC will have a tall order to prove in court that they have any good reason to do this. But I’m optimistic that we will never get there, because I do think this is going to be a tremendous mobilization on July 12th, that it’s going to change the conversation in a big way."

For Every 1 Net Neutrality Comment, Internet & Cable Providers Spent $100 on Lobbying Over Decade

Three of the largest internet service providers and the cable television industry’s primary trade association have spent more than a half-billion dollars lobbying the federal government during the past decade on issues that include network neutrality, according to a MapLight analysis.

Comcast, AT&T, Verizon and the National Cable & Telecommunications Association (NCTA) have spent $572 million on attempts to influence the Federal Communications Commission and other government agencies since 2008. The amount represents more than $100 for each of the 5.6 million public comments on the FCC’s proposed elimination of net neutrality rules. Despite the resources devoted to the rollback by the big internet service providers, net neutrality advocates haven’t been totally bereft of support in the nation’s capital. Amazon, the world’s largest online retailer, has spent $41.1 million lobbying in the nation’s capital. Facebook, which boasts 2 billion unique monthly users, has spent almost $43.3 million.

Paying Professors: Inside Google’s Academic Influence Campaign

Google operates a little-known program to harness the brain power of university researchers to help sway opinion and public policy, cultivating financial relationships with professors at campuses from Harvard University to the University of California, Berkeley. Over the past decade, Google has helped finance hundreds of research papers to defend against regulatory challenges of its market dominance, paying stipends of $5,000 to $400,000, The Wall Street Journal found.

Some researchers share their papers before publication and let Google give suggestions, according to thousands of pages of e-mails obtained by the Journal in public-records requests of more than a dozen university professors. The professors don’t always reveal Google’s backing in their research, and few disclosed the financial ties in subsequent articles on the same or similar topics. The funding of favorable campus research to support Google’s Washington, D.C.-based lobbying operation is part of a behind-the-scenes push in Silicon Valley to influence decision makers. The operation is an example of how lobbying has escaped the confines of Washington’s regulated environment and is increasingly difficult to spot.

Lawsuit alleges President Trump violated 1st Amendment by blocking US citizens on Twitter

With each tweet, President Trump says he’s redefining the American presidency, describing his use of social media as “modern day presidential” and necessary to fight what he deems fake news. Not everyone agrees on the substance of Trump’s social media message, but both his supporters and detractors have something in common: They want access to Trump’s frenetic Twitter feed. Which is why the Knight First Amendment Institute at Columbia University filed a federal lawsuit on behalf of seven Twitter users who say their 1st Amendment rights were violated after they were blocked from reading Trump’s personal account (@realDonaldTrump, not the official @POTUS account) after criticizing him or his policies. The suit, filed in US District Court in the Southern District of New York in Manhattan, names President Trump, White House Press Secretary Sean Spicer and White House director of social media Dan Scavino as defendants. The Knight Institute sent a letter to the White House in June threatening legal action if it didn’t heed its call to unblock followers.

Chairman Pai Announces Pelkey As Press Secretary

Federal Communications Commission Chairman Ajit Pai announced that he has appointed Tina Pelkey as Press Secretary for the Chairman. Pelkey will report to the director of the FCC’s Office of Media Relations. Pelkey most recently served as senior vice president at Black Rock Group, focusing on strategic communications and public affairs. She previously worked in Brussels, Belgium, for Weber Shandwick, a global public relations firm. Prior to that, she worked at DCI Group and served as national press secretary for Senator John Cornyn of Texas. Pelkey is a native of Lenexa (KS) and a graduate of the University of Kansas with degrees in journalism and political science.

Benton

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