Harold Feld

For the last 25 years, the official policy of the United States with regard to digital privacy has been to rely on "market mechanisms," primarily policed by the Federal Trade Commission's Section 5 authority to prosecute "unfair and deceptive" practices.

On Feb 1, we had approximately 4.5 hours of oral argument on the network neutrality case. I want to just highlight one theme: the refusal of the Federal Communications Commission to be honest about the expected policy consequences of its actions. I highlight this for several reasons. First, people need to understand that while the agency can always change its mind, it has to follow the Administrative Procedure Act (APA), which includes addressing the factual record, acknowledging the change in policy from the previous FCC, and explaining why it makes a different decision this time around.

I thought I would point out some of the more fun arguments that may come up on Feb 1 in the oral argument in Mozilla v. FCC, the challenge to the Restoring Internet Freedom Order (RIFO). As always, keep in mind that oral argument is a perilous guide to the final order, and the judges on the panel have a reputation for peppering both sides with tough questions. 

Jan 15, reports surfaced that Voipo, a California voice-over-internet-protocol (VOIP) provider, exposed millions of consumer call logs and text messages stored on an “improperly secured” ElasticSearch database for several months before security researcher Justin Paine located them. Public Knowledge demands that Federal Communications Commission Chairman Ajit Pai enforce existing Customer Proprietary Network Information (CPNI) rules that protect the privacy of information related to telephone calls.

Welcome to 2019, where you will find aggressively marketed to you a new upgrade in Wi-Fi called “Wi-Fi 6” and just about every mobile provider will try to sell you some “new, exciting, 5G service!” But funny thing. If you buy a new “Wi-Fi 6” wireless router you know exactly what you’re getting. It supports the latest IEEE 802.11ax protocol, operating on existing Wi-Fi frequencies of 2.4 GHz and 5 GHz, and any other frequencies listed on the package.

Tumblr recently announced it will ban adult content.  Although partially in response to the discovery of a number of communities posting child pornography and subsequent ban of the Tumblr ap from the extremely important Apple ap store, a former engineer at Tumblr said the change has been in works for months. The change was mandated by Tumblr’s corporate parent Verizon, in order to attract greater advertising revenue.

On the anniversary of the repeal of network neutrality, Federal Communications Commission Chairman Ajit Pai now proposes another goodie for carriers – classifying both short codes and text messages as Title I “information service” rather than a Title II telecommunications service. As this is even more ridiculous than 2017’s reclassification of broadband as Title I, the draft Order relies primarily on the false claim that classifying text messaging as Title I is an anti-robocall measure.

This blog post addresses how the business side of journalism needs to evolve to maintain sustainable news production necessary for a healthy democracy. I discuss the basic business models for supporting journalism that have endured throughout the last few centuries of technological change, how these may be successfully adapted to the 21st Century, and what policies would facilitate the transition to these new models.

Trained reporters play a critical role in identifying news events through following social media. When reporters have both professional training and experience with the organizers and actors on social media they can not only anticipate important news events, but they can also contextualize them for followers and authenticate the raw footage and real-time reporting. Even when considering the crisis of trust and generalized suspicion, it is important to distinguish the nuances.

Federal Communications Commission Chairman Ajit Pai and Gov Rick Scott (R-FL) have expressed frustration with the slow pace of restoring communications in FL in the wake of Hurricane Michael. What neither Chairman Pai nor Gov Scott mention is their own roll in creating this sorry state of affairs. Their radical deregulation of the telephone industry, despite the lessons of previous natural disasters such as Hurricane Sandy, guaranteed that providers would chose to cut costs and increase profits rather than invest in hardening networks or emergency preparedness.