August 2017

Rep Blackburn's view from Silicon Valley

House Communications Subcommittee Chairman Marsha Blackburn (R-TN) has been critical of Silicon Valley's default position on network neutrality and its privacy practices. But she says she found common ground during a recent visit to tech companies on the West Coast: "I think with a broad brush that it is fair to say that when it comes to broadband expansion they are all incredibly interested about how we're going to do and what we're going to do," she said. Here's what else she had to say:

On net neutrality: She said that companies want "to have their say and to do something on where there is agreement." It remains to be seen, however, whether there'll be enough agreement for all the parties involved to hammer out a deal.

On her privacy proposal: Blackburn has introduced a bill that would require web firms like Facebook and Google (as well as ISPs) to get permission before letting marketers use customers' data to target ads. "I am positive," she said of her outlook on the proposal. "I'm optimistic." She said a "real win would be to have an aggressive discussion" about the issue in the fall.

On free speech on the internet: We also asked her about her views on internet companies removing hate speech from their platforms or systems, which some say raise questions of free speech in a world where private companies have a lot of control over who sees what points of view. She said it's "something that will come up in discussion" down the road about the responsibility that web companies have.

West Virginia’s Broadband Abyss Spurs Solutions Across Ideological Divide

With high-speed internet access in West Virginia’s rural areas seriously wanting, Sen Shelley Moore Capito (R-WV) is pushing policy proposals favored by players on the right and left. According to the Federal Communications Commission, the Mountain State ranks 48th in the nation for broadband coverage. That helps explain why Capito co-chairs the Senate’s Rural Broadband Caucus, and why she’s willing to try practically anything. Last week, Sen Capito joined Sen Kirsten Gillibrand, (D-NY), in introducing the Broadband Connections for Rural Opportunities Program Act, which would channel as much as $50 million in grants annually to build out broadband infrastructure through a Department of Agriculture entity, the Rural Utilities Service.

The legislation introduced by Sen Gillibrand would provide as much as 75 percent of the construction and select deployment costs of a high-need broadband project, and it mentions prioritizing applicants such as state, local and tribal government stakeholders and nonprofits. Typically, low-interest loans and grants made through the Rural Utilities Service have gone to local co-ops and utilities.

FCC TV Ownership Rules and Unintended Consequences

[Commentary] I have longtime friends who believe that the public interest requires the Federal Communications Commission to strictly limit the ownership of multiple TV stations. I genuinely understand and respect their opinions. But, my personal experience over 40 years in the industry suggests that TV ownership limits intended to enhance diversity may, in fact, prevent the creation of meaningfully diverse competitors.

Some of my longtime friends seem to oppose repeal of the TV station ownership rules because one beneficiary of repeal might be Sinclair Broadcasting Company, a company widely believed to have conservative views. But these same friends would be the first to insist that Federal licensing decisions cannot — must not — be based on political views. I have not always been on the same page with Sinclair, particularly during a business dispute over the first round of Fox affiliation renewals. But, Sinclair has emerged as a genuine television industry leader, especially on technology issues. And, for all we know, the next beneficiary of deregulation could be Tegna, Scripps, George Soros or Tom Steyer. And that is what free markets, competition and diversity are all about. My real world experience with the television ownership rules leaves no doubt that consumers will be well served by their repeal.

[Preston Padden is the former president of the ABC Television Network and EVP of parent, the Walt Disney Company.]

The Sonos smart speaker with microphone hits the FCC

Sonos has been rumored to be putting together a smart speaker for some time now, and we’ve just gotten the biggest confirmation yet that the company is working on its own voice assistant-powered device: a Federal Communications Commission filing that references a “Product model S13” that adds “integrated voice control functionality.” According to the FCC filing, S13 will have far-field microphones similar to those offered on products like the Amazon Echo to make it easy for the device to pick up and isolate sound from anywhere in a room. But Sonos isn’t just putting all its eggs in the Alexa basket — S13 will purportedly support “multiple voice platforms and music services,” and while details on that are obviously slim, it’s something that would immediately elevate it over its competitors by not locking you in to just one smart assistant ecosystem. Imagine it: a single smart speaker that supports Siri, Alexa, and Google Assistant. That’s what we might be looking at here.

Bots Are Scraping Your Data For Cash Amid Murky Laws And Ethics

Is the data you share publicly on social networking sites like an announcement in a public place, where speech and information gathering are protected under the First Amendment? Or is it more like something uttered on private real estate, where the owner can prohibit trespassers as they wish? That quandary recently emerged in a California courtroom, where two of the country’s most eminent constitutional lawyers squared off in a high-stakes battle between a data giant and a tiny startup.

IP lawyer who represented TiVo is Trump’s pick as USPTO chief

President Donald Trump has selected Andrei Iancu, the managing partner of a major Los Angeles law firm, to be the next head of the US Patent and Trademark Office. Iancu has been a partner at Irell & Manella since 2004 and was an associate at the firm for five years earlier. His most notable work in the tech sector is likely his representation of TiVo Corp. in its long-running patent battles with companies like EchoStar, Motorola, Microsoft, Verizon, and Cisco. TiVo ultimately succeeded in compelling those defendants to pay up for its pioneering DVR patents, and payments to TiVo ultimately totaled more than $1.6 billion, according to Iancu's biography page.

Iancu also had a hand in Immersion Corp.'s $82 million jury verdict against Sony Computer Entertainment, in which a jury found that Immersion's patent claims on tactile feedback technology were valid and infringed. Those big wins aside, most of Iancu's work has been on the defense side. He's represented eBay in a case against Acacia Research Corp., a large, publicly traded non-practicing entity, and he worked for Hewlett-Packard when it defended against Xerox patent claims. He's also worked in the medical device area, enforcing patents for St. Jude Medical on vascular closure devices.

White House advisory group raises cybersecurity concerns

A White House advisory group says in a new report that federal agencies generally have the correct tools to protect from cyber attacks but face bureaucratic hurdles. In its draft report circulated Aug 22, the National Infrastructure Advisory Council (NIAC) said that many of its key concerns deal with organizational woes. "We believe the U.S. government and private sector collectively have the tremendous cyber capabilities and resources needed to defend critical private systems from aggressive cyber attacks —provided they are properly organized, harnessed, and focused. Today, we’re falling short," the report reads.

The report says that threat information-sharing programs are hindered by intelligence being classified and clearances being too difficult to obtain. Other federal critical infrastructure programs are fragmented across multiple agencies, making it difficult for private-sector infrastructure firms to navigate, according to the report. The report makes several recommendations, including rapidly declassifying intelligence and streamlining the federal bureaucracy. It also suggests implementing market-based incentives to improve cybersecurity, bolstering the workforce with a public-private expert exchange program and hardening communications systems to use in case of emergency.

Government launches login.gov to simplify access to public services

[Commentary] In early April, the US Digital Service and 18F launched login.gov, a single sign-on solution for government websites that will enable citizens to access public services across agencies with the same username and password. Login.gov is currently in action at the US Department of Homeland Security’s Customs and Border Protection (CBP), where Tom Mills is driving transformation of CBP customer experiences. Right now, it’s being used for the CBP Jobs App, which allows candidates to see the status of their progress as they’re moving through the recruitment and hiring pipeline. Logging into this system was previously so cumbersome that some candidates dropped out. We designed login.gov to transform the way people interact with the federal government online, and plan to roll it out gradually in 2017.
[Joel Minton, a member of the US Digital Service, is working with GSA’s Technology Transformation Service as the director of login.gov. Tom Mills is the Chief Technology Architect at US Customs and Border Protection.]