August 2017

Dispute Over Public Officials and Social Media

An emerging debate about whether elected officials violate people's free speech rights by blocking them on social media is spreading across the US as groups sue or warn politicians to stop the practice.

The American Civil Liberties Union sued Gov Paul LePage (R-ME) and sent warning letters to Utah's congressional delegation. It followed recent lawsuits against the governors of Maryland and Kentucky and President Donald Trump. Politicians at all levels increasingly embrace social media to discuss government business, sometimes at the expense of traditional town halls or in-person meetings. "People turn to social media because they see their elected officials as being available there and they're hungry for opportunities to express their opinions and share feedback," said Anna Thomas, spokeswoman for the ACLU of Utah. "That includes people who disagree with public officials." Most of the officials targeted so far — all Republicans — say they are not violating free speech but policing social media pages to get rid of people who post hateful, violent, obscene or abusive messages.

The FCC Is Hinting it Might Change its Rules to Hide America’s Digital Divide

Federal Communications Commission Chairman Ajit Pai has a theory. He believes that accessing the Internet through a smartphone is just as good as having high-speed Internet access in your house. In fact, he appears to believe this so strongly that he is looking into changing his agency's guidelines so that any place in the U.S. that has sufficient mobile coverage will be considered "connected," even if people living there have no option to receive broadband access in their homes. That theory forms the essence of a new Notice of Inquiry that the FCC has just put out.

The notice is a first step toward a potential policy change with respect to how the agency measures broadband deployment in the US. If Pai's idea somehow becomes the new official credo for the FCC, it would be a disaster for efforts to improve access to connectivity in America—a country that has, as we have noted several times in just the last year, a persistent, embarrassing digital divide. Mobile broadband access isn't the same as connectivity at home. The screens are smaller, data caps on mobile bandwidth are much tighter (and overages far more expensive), and speeds are slower—something the agency seems to acknowledge in the notice, when it suggests that "mobile broadband" be defined at 10Mbps of download speed and 1Mbps upstream. For the record, that's less than half the 25Mbps/3Mbps threshold necessary for a home connection to qualify as "broadband."

Network Neutrality Fake Out

As the number of online comments in the Federal Communications Commission's network neutrality proceeding soars to record highs, groups on both sides of the debate are calling on Congress to investigate mounting allegations of fake public input. The latest allegations come from the conservative-leaning National Legal and Policy Center (NLPC), which said a whopping 5.8 million pro-net neutrality comments submitted between July 17 and Aug. 4 using the same one sentence appear to be fake. The docket has been plagued for months by charges that many of the comments are duplicates, filed under fake names or submitted without the permission of the people who supposedly signed them. The growing controversy is raising questions about how the comments will be used when the FCC mulls a final order. "It's almost unimaginable how anybody thinks this could do any good," NLPC President Peter Flaherty said.

The Fate of Online Trust in the Next Decade

Many experts say lack of trust will not be a barrier to increased public reliance on the internet. Those who are hopeful that trust will grow expect technical and regulatory change will combat users’ concerns about security and privacy. Those who have doubts about progress say people are inured to risk, addicted to convenience and will not be offered alternatives to online interaction. Some expect the very nature of trust will change.

Who’s Afraid of Sinclair Broadcasting?

[Commentary] In a perplexing dance toward consensus, left and right have united to pour vinegar on Sinclair Broadcasting Group’s effort to add Tribune Media’s 42 television stations to the 173 it already owns. You’d think that Sinclair—which hikes on the conservative side of the news by forcing its stations to air commentaries by former Trump adviser Boris Epshteyn and other right-tilting segments (“Terror Alert Desk”)—would be cheered by its fellow media ideologues. But no. Newsmax, One America News Network and Glenn Beck’s the Blaze have joined with the lefties from Public Knowledge, Common Cause, Free Press and Media Matters for America to decry the $3.9 billion acquisition. The opposition doesn’t stop there. Such businesses as DISH Network and T-Mobile have decanted their protests, too, demanding that the Federal Communications Commission block the deal, as have broadcast trade associations.

The lefty opposition against Sinclair actually seems to be an argument against media diversity and for media homogeneity. Nowhere on television—not even on Fox-owned stations—is the conservative point of view pursued as aggressively as it is at Sinclair. If rejecting what other journalists are doing and following a unique viewpoint isn't the mark of media diversity, I don't know what is. If the left truly wished death upon Sinclair, it would urge the FCC to change ownership rules so that big broadcasters with different news “philosophies”—ABC (Disney), NBC (Comcast), and CBS—could buy more stations. But the left remains too stitched up in its 1950s thinking about consolidation to advocate that. Might Sinclair’s fight for Tribune’s stations turn out to be a fool’s bargain? For the media diversification reason chronicled above, the conventional television business model has passed its golden years. In 2015, the Bernstein research outfit predicted a “period of prolonged structural decline” for the television industry as viewers continue to defect from ad-supported outlets to on-demand services like Netflix and Hulu. Maybe instead of discouraging Sinclair from making the deal, the company’s foes and competitors should encourage them to close it.