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August 2017

Who Owns the Internet?

Journalists, congressional committees, and a special counsel are probing the details of what happened during the 2016 election. But two new books contend that the large lines of the problem are already clear. As in the eighteen-seventies, we are in the midst of a technological revolution that has altered the flow of information. Now, as then, just a few companies have taken control, and this concentration of power—which Americans have acquiesced to without ever really intending to, simply by clicking away—is subverting our democracy.

Public-Interest Groups urge FCC to release net neutrality complaints

Public interest groups opposed to the repeal of network neutrality rules are asking the Federal Communications Commission to release a trove of documents in an effort to keep the rules in place. Sixteen groups signed a letter urging the FCC to comply with a Freedom of Information Act request for tens of thousands of complaints that have been filed since the net neutrality rules were implemented in 2015.

They also called for the FCC to delay its repeal of the rules, which require internet service providers to treat all web traffic equally, until the complaints have been released and reviewed. “It is disturbing that the FCC has apparently failed to review documents that are in its exclusive possession prior to crafting [a notice of proposed rulemaking] to repeal the very rules that established these enforceable mechanisms to redress consumer harms,” the letter reads. The letter was signed by groups including the American Civil Liberties Union, Public Knowledge, the Electronic Frontier Foundation and Common Cause.

Unlike FCC, FTC cannot protect net neutrality

[Commentary] To distract you while they smother network neutrality, Federal Communications Commission Chairman Ajit Pai and acting Federal Trade Commission Chair Maureen Ohlhausen have offered confident assurances that the FTC can step into the role abdicated by the FCC and protect net neutrality with its antitrust and consumer protection enforcement authority. It sounds plausible (plus most people aren’t entirely sure what the FTC does), so you nod along, but don’t fall for it; it’s a ruse. The FTC would be far more limited in how it can protect net neutrality, because:

1) The FTC is prohibited from enforcing its laws against common carriers, like telephone companies
2) The US Court of Appeals for the 9th Circuit has broadly interpreted that law to mean that the FTC can’t act against even the non-telephonic services of telephone companies, like broadband
3) Even if the 9th Circuit decision gets reversed, the FTC can’t use antitrust law to protect individual websites and content providers
4) It’s doubtful whether net neutrality could be enforced through the FTC’s other enforcement tool, consumer protection laws

[Anant Raut is the former counsel to the assistant attorney general of the DOJ’s Antitrust Division, as well as a former FTC attorney. He is currently a visiting fellow at Public Knowledge]

Loosening internet regs a boon to business, public

[Commentary] The desirability of regulations applicable to broadband internet service should be measured against their impact on investment, competition, and consumer welfare. If the regulations cause more harm than good, it’s time to revise them. This type of analysis is going on now at the Federal Communications Commission as the agency examines the desirability of continuing to apply what is called “Title II regulation” to the internet. Title II regulation, whose name comes from Title II of the Communications Act of 1934, was applied to the Internet two years ago by the agency at the behest of the previous Chairman. But the new Chairman has concluded tentatively that Title II regulation should be eliminated based on the test outlined above, and as a result, the agency is expected to decide soon whether to do so.

Go! Foton agrees with the new FCC chairman that Title II regulation does more harm than good. We therefore welcome the FCC’s action to examine the implications of Title II internet regulation and ultimately roll it back.

[Dr Simin Cai is Chief Executive officer at Go! Foton]

Verizon’s good unlimited data plan is now three bad unlimited plans

Verizon announced that its existing unlimited data plan is being divided into three new options: Go Unlimited (starting at $75 for a single line), Beyond Unlimited ($85 for first line), and Business Unlimited. Unlike the relatively straightforward unlimited plan that Verizon surprised customers with in February, these new monthly plans are chock-full of fine print and caveats. And in a move sure to anger network neutrality advocates, the regular “Go Unlimited” plan throttles all smartphone video streaming to 480p / DVD-quality. The new plans go into effect beginning tomorrow, August 23rd, so this change is happening fast. Existing postpaid customers can keep their current plan, but some things will change even for them.

Privacy Conversation at 2017 TPI Aspen Forum

Rep Darrell Issa (R-CA) wants us to get real about how much faith we should put in encryption. Rep Issa argued on an Internet of Things panel that it’s high time for a straight-talk discussion about how secure popular encryption protocols actually are. ‘The former FBI director [James] Comey came before Congress and swore under oath that he had no ability to get what he needed from the San Bernardino bomber [sic] except by forcing Apple to create an active remote backdoor into the problem,’ Issa said. ‘Now a matter of weeks later, an Israeli company for a million dollars gave him the data he wanted.’ And, Issa pointed out, a few weeks after that, a University of Cambridge professor appeared to crack it again. Said Issa, ‘We have to have a real debate about whether encryptions and protections are real and unbreakable.’

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