BENTON'S COMMUNICATIONS-RELATED HEADLINES for TUESDAY, MAY 31, 2016
Lessons from the 2016 Net Inclusion Summit [links to Benton summary]
LABOR
Verizon reaches deal with unions for 4-year contract
SECURITY/PRIVACY
Constitutional Scholar: FCC Broadband Privacy Proposal Violates First Amendment
Supreme Court shows the way on privacy regulations - The Hill op-ed
New privacy rules for Internet service would be illegal, providers say [links to Benton summary]
Wheeler Denies Personal Appeal for Broadband CPNI Extension [links to Broadcasting&Cable]
Wireless industry hits FCC internet privacy rules [links to Hill, The]
FTC Staff Provides Comment on FCC’s Proposed Privacy Rulemaking [links to Federal Trade Commission]
Mid-Sized ISPs Have Big Problem With Privacy Proposal [links to Broadcasting&Cable
NetCompetition Counts Ways Broadband Privacy Proposal Is Flawed [links to Broadcasting&Cable]
AT&T: FCC Likely Turning Deaf Ear to Privacy Comments [links to Broadcasting&Cable]
There's Little Energy In Congress For Making Encryption Law [links to Fast Company]
Student data privacy: Moving from fear to responsible use - Brookings [links to Benton summary]
Is America's Strongest Biometric Privacy Law About To Be Gutted? [links to Benton summary]
INTERNET/BROADBAND
Gigabit Internet with no data caps may be coming to rural America [links to Ars Technica]
How Los Rios Community College District Overcomes Generational Differences in Tech Adoption [links to EdSurge]
SET-TOP PROPOSAL
Ten senators ask FCC to delay box plan
Sen Leahy: FCC Must Clarify Set-Top Proposal [links to Benton summary]
TELEVISION
FCC Announces Comment and Reply Deadlines for Video Description Expansion Notice of Proposed Rulemaking [links to Benton summary]
Public Knowledge Defends Public Interest in Next-Gen TV Comments to FCC [links to Public Knowledge]
American Cable Association: FCC Should Not Rush ATSC 3.0 [links to Benton summary]
NJ Assembly Urges Comcast-YES Resolution in 60-0 Vote [links to Broadcasting&Cable]
CommLawBlog: LPTV/TV Translator Deadline … or Punchline … Announced [links to CommLawBlog]
Report: Ultra HD TV Penetration to Reach Nearly 50% of Homes by 2020 [links to telecompetitor]
“Skinny bundles are simply a placeholder for a la carte” [links to Los Angeles Times]
ELECTIONS & MEDIA
Television Networks Struggle to Provide Equal Airtime in the Era of Trump
Tech billionaires like Democrats more than Republicans. Here’s why. - op-ed
Harper Reed, President Obama's Former CTO, Says Data Isn't Everything
Clinton’s e-mail scandal another case of the entitled executive syndrome - analysis [links to Benton summary]
Opinion: Why the new report on Hillary Clinton’s e-mail is so damning [links to Washington Post]
Hillary Clinton finally figured out a good answer on her latest e-mail problem [links to Washington Post]
Hillary Clinton picks up on Donald Trump’s media strategy — by picking up the phone [links to Washington Post]
Donald Trump backs out of debate with Bernie Sanders [links to Politico]
ABC, CBS, Fox News Express Interest in Trump-Sanders Debate [links to Variety]
WSJ chief reminds editors to be 'fair' to Trump [links to Politico]
Mystery donors pumped millions into liberal ‘dark money’ group [links to Benton summary]
SURVEILLANCE
Secret Text in Senate Bill Would Give FBI Warrantless Access to E-mail Records
Eric Holder says Edward Snowden performed 'public service' with NSA leak [links to Guardian, The]
GOVERNMENT & COMMUNICATIONS
Feds fight to prevent Clinton deposition in e-mail case [links to Hill, The]
Clinton’s e-mail scandal another case of the entitled executive syndrome - analysis [links to Benton summary]
CBO Scores FCC Reform Bill (HR 2592) - research [links to Benton summary]
Senators vote to keep themselves dependent on lobbyists [links to Vox]
The Pentagon is Building a Massive Hub of Insider Threat Data [links to nextgov]
Five of the most outdated IT system in the government [links to Hill, The]
ACCESSIBILITY
FCC Releases Relay Services for Deaf Blind Order - public notice [links to Benton summary]
CONTENT
Facebook and the Republicans — Give Conflict a Chance - Blair Levin op-ed
Google v. Oracle Fair Use Victory: How Did We Get Here? [links to Public Knowledge]
The truth about Netflix’s Fast.com [links to American Enterprise Institute]
ADVERTISING
Newspapers escalate their fight against ad blockers [links to Benton summary]
Rise of Ad-Blocking Software Threatens Online Revenue [links to New York Times]
OWNERSHIP
FCC Quadrennial Review Pulls a Sisyphus...Again - CommLawBlog analysis [links to Benton summary]
Post-Merger, Charter Has the Scale to Start Thinking Beyond the Cord [links to Benton summary]
Op-Ed: Court’s JSA Ruling Boosts Minority, Conservative Voices [links to Broadcasting&Cable]
WIRELESS/SPECTRUM
FCC Announces the Availability of Incentive Auction Info Through Public Reporting System [links to Benton summary]
JOURNALISM
Gawker, Hulk Hogan and the One Percenters’ War on News
Thiel-Gawker Fight Raises Concerns About Press Freedom [links to Benton summary]
Newspapers escalate their fight against ad blockers [links to Benton summary]
UN Vote Blocks Committee to Protect Journalists Access [links to Broadcasting&Cable]
HEALTH
Federal cellphone guidelines could undergo 'tweaks' after cancer study [links to Benton summary]
Doctors fire back at bad Yelp reviews — and reveal patients’ information online [links to Benton summary]
DIVERSITY
Op-Ed: Court’s JSA Ruling Boosts Minority, Conservative Voices [links to Broadcasting&Cable]
POLICYMAKERS
TDS Founder LeRoy Carlson Dies at 100 [links to Multichannel News]
COMPANY NEWS
Comcast Pursues Bigger Piece of Smart Home Market [links to Multichannel News]
After the iPhone: Apple eyes Time Warner and TV for its next act [links to Guardian, The]
Uber's Drive-By Politics [links to Vice]
STORIES FROM ABROAD
Web giants sign up to EU hate speech rules
Understanding Europe’s Economy in 100 Billion Google Searches [links to Bloomberg]
Journalist in Finland is harassed after reporting on the rise of abusive pro-Russian posts on the Internet [links to New York Times]
Overcoming barriers to a European digital single market [links to Brookings]
Humanitarian Aid Is As Close As Your Phone [links to International Telecommunication Union]
UN Vote Blocks Committee to Protect Journalists Access [links to Broadcasting&Cable]
LABOR
VERIZON REACHES DEAL WITH UNIONS FOR 4-YEAR CONTRACT
[SOURCE: Associated Press, AUTHOR: ]
Striking Verizon employees may be back to work the week of May 31 after the company and its unions reached an agreement in principle for a four-year contract. About 39,000 Verizon Communications Inc. landline and cable employees in nine Eastern states and Washington (DC) have been on strike since April. They had been working without a contract since August. Labor Secretary Thomas Perez said that the agreement is being written and will be submitted for approval from union members of Communications Workers of America and International Brotherhood of Electrical Workers. "I expect that workers will be back on the job next week," Perez said. Details of the contract were not disclosed. CWA President Chris Shelton said in a statement that the agreement is "a victory for working families."
benton.org/headlines/verizon-reaches-deal-unions-4-year-contract | Associated Press | Fierce
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INTERNET/BROADBAND
FCC BROADBAND PRIVACY PROPOSAL VIOLATES FIRST AMENDMENT
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Internet service providers wired and wireless have submitted a paper to the Federal Communications Commission by constitutional scholar Laurence Tribe that says the commission's broadband privacy proposal threatens speech rights. The National Cable & Telecommunications Association, CTIA and USTelecom commissioned the paper. "The FCC’s proposed rules would violate the First Amendment," Tribe concluded. "At minimum, they raise a host of grave constitutional questions and should not be adopted." The FCC is proposing to require ISPs to get affirmative (opt in) permission from subs to share information with third parties in most instances, a requirement not placed on edge providers like Google and Facebook for their own data collection and monetizing. Tribe is a voice of experience on the CPNI (customer proprietary network information) issue, the groups point out, having successfully challenged the voice CPNI order in US West Communications, Inc. v. FCC. He says the FCC proposal clearly triggers First Amendment scrutiny and clearly does not fare well in that examination. "The proposal runs afoul of fundamental First Amendment limits on the FCC’s authority to regulate customer information," he said. Tribe says the proposal restricts "a great deal of speech" and draws "impermissible content-based distinctions" based on what marketers say.
benton.org/headlines/constitutional-scholar-fcc-broadband-privacy-proposal-violates-first-amendment | Broadcasting&Cable
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SUPREME COURT SHOWS THE WAY ON PRIVACY REGS
[SOURCE: The Hill, AUTHOR: Thomas Lenard]
[Commentary] In a recent 6-2 decision, the Supreme Court struck a blow for a more rational and consumer-friendly privacy regime by coming down in favor of a "harms-based approach." Although the opinion focused on standing rather than regulatory policy, agencies that enforce privacy regulations, such as the Federal Trade Commission (FTC) and the Federal Communications Commission (FCC) — the latter of which has proposed major new privacy regulations for internet service providers (ISPs) — should take a lesson from the Spokeo, Inc. v. Robins decision. The Spokeo case involved a complaint under the Fair Credit Reporting Act, where the plaintiff alleged that the information in his Spokeo profile was not accurate. Spokeo, according to its website, is a "people search engine that organizes white pages information, public records, and social network information into simple profiles to help you safely find and learn about people." The FCC, in its pending proposal to limit data collection by ISPs without evidence of consumer harm, is taking precisely the wrong approach and not heeding the suggestions of the Supreme Court and the White House. This is a recipe for regulation that will impose costs on consumers without corresponding benefits.
[Lenard is president and senior fellow at the Technology Policy Institute.]
benton.org/headlines/supreme-court-shows-way-privacy-regulations | Hill, The
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SET-TOP PROPOSAL
TEN SENS ASK FCC TO DELAY BOX PLAN
[SOURCE: The Hill, AUTHOR: David McCabe]
A bipartisan group of 10 Sens asked the Federal Communications Commission in a letter to delay a plan to open up the market for television set-top boxes until its effect on small providers can be studied. The letter adds to a list of upper chamber lawmakers who have expressed concerns about the plan. “While we appreciate your commitment to protecting consumers, we urge you to delay the video navigation device proceedings until the FCC sufficiently studies the specific costs and impacts of the proposal on rural consumers and small providers,” said the lawmakers. “Small providers will not be able to afford the costs that could be associated with building a new architecture to comply with the proposed rule.” The letter was dated May 26 and released by the American Cable Association, a lobbying group for small cable providers. The signatories include both Republican and Democratic Sens, including Sens Cory Gardner (R-CO) and Bob Casey Jr. (D-PA). Several are from states with large rural populations. They join Senate colleagues who have already criticized the proposal put forth by FCC Chairman Tom Wheeler.
benton.org/headlines/ten-senators-ask-fcc-delay-box-plan | Hill, The
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ELECTIONS & MEDIA
EQUAL AIRTIME AND ELECTION 2016
[SOURCE: New York Times, AUTHOR: Michael Grynbaum]
The television news industry is wrestling with how to balance fairness, credibility and the temptations of sky-high ratings as it prepares for a presidential matchup like none other. For broadcasters, turning down an interview with a candidate is anathema to a news culture trained to pursue maximum access. Yet the starkly different strategies of the 2016 candidates are straining the industry’s bedrock notions of evenhandedness. Networks are seeking novel ways to maintain balance, like staging voter town halls that provide candidates with equal airtime; seeking a wider spectrum of on-air contributors and campaign surrogates; and bringing more fact-checking into segments.
benton.org/headlines/television-networks-struggle-provide-equal-airtime-era-trump | New York Times
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SILICON VALLEY AND ELECTION 2016
[SOURCE: Washington Post, AUTHOR: Gregory Ferenstein]
[Commentary] The next generation of industrial titans do not appear to have much confidence that Republicans are the political party that’s good for business. The tech elite are almost exclusively backing Democrats this election cycle. Donald Trump is accelerating this shift, as even one of the big conservative tech investors, Marc Andreessen, pledged “#ImWithHer” (Hillary Clinton) on Twitter the night Trump become the presumptive Republican nominee. The backlash against Trump is just the surface of an underlying trend. Over the last three decades, the super-wealthy have slowly shifted to donating more to Democrats than Republicans, as measured by trends in donations from the Forbes 400 list of richest Americans. Democrats have been the overwhelming winners as tech slowly takes over the Forbes list. It’s not that establishment American donors are suddenly developing a taste for Democratic values, but that shifts in the economy are drawing more from the liberal bastion of Silicon Valley. The nation’s new industrial titans are both pro-government and pro-capitalism. Apple, Google, Tesla and most Internet giants are fueled by government projects: The Internet began in a defense department lab, public universities educate a skilled workforce and environmental policies benefit high-tech green industries. Silicon Valley believes that the Democratic Party is good for emerging industries.
[Ferenstein is the editor of the Ferenstein Wire, a syndicated column, and author of "The Age Of Optimists."]
benton.org/headlines/tech-billionaires-democrats-more-republicans-heres-why | Washington Post
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HARPER REED SAYS DATA ISN'T EVERYTHING
[SOURCE: Vice, AUTHOR: Wester Van Gaal]
A Q&A with Harper Reed, President Barack Obama's former Chief Technology Officer during President Obama's 2012 reelection campaign.
When asked, "Have the presidential candidates of 2016 been looking at the things you did in 2012?", Reed responded, "I am mostly afraid that we will accidentally elect a Nazi as president. You'll see that every campaign has embraced the importance of data. However, I'd like to debunk the idea that data is the most important aspect. [Donald] Trump said recently, 'Data is only data. I will enter the White House purely on character.' That was smart. Since 2012, media reports make you believe that data is the most important element in election campaigns, as though candidates could win because of their collection of data. The reason [President Barack] Obama won the election in 2012 is because he was the best candidate. It is about character; Trump is right about that. He is just the only one to say this out loud. That the media do not understand this simple fact is actually quite peculiar."
benton.org/headlines/harper-reed-president-obamas-former-cto-says-data-isnt-everything | Vice
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SURVEILLANCE
SENATE BILL GIVING FBI WARRANTLESS ACCESS TO E-MAIL RECORDS
[SOURCE: The Intercept, AUTHOR: Jenna McLaughlin]
A provision snuck into the still-secret text of the Senate’s annual intelligence authorization would give the FBI the ability to demand individuals’ e-mail data and possibly web-surfing history from their service providers without a warrant and in complete secrecy. If passed, the change would expand the reach of the FBI’s already highly controversial national security letters. The FBI is currently allowed to get certain types of information with National Security Letters (NSLs) — most commonly, information about the name, address, and call data associated with a phone number or details about a bank account. Since a 2008 Justice Department legal opinion, the FBI has not been allowed to use NSLs to demand “electronic communication transactional records,” such as e-mail subject lines and other metadata, or URLs visited. The spy bill passed the Senate Intelligence Committee on May 24, with the provision in it. The lone no vote came from Sen Ron Wyden (D-OR), who wrote in a statement that one of the bill’s provisions “would allow any FBI field office to demand e-mail records without a court order, a major expansion of federal surveillance powers.” Sen Wyden did not disclose exactly what the provision would allow, but his spokesperson suggested it might go beyond e-mail records to things like web-surfing histories and other information about online behavior. “Senator Wyden is concerned it could be read that way,” Keith Chu said. It’s unclear how or when the provision was added, although Committee Chairman Richard Burr (R-NC) and Sen Tom Cotton (R-AR) have both offered bills in the past that would address what the FBI calls a gap and privacy advocates consider a serious threat to civil liberties.
benton.org/headlines/secret-text-senate-bill-would-give-fbi-warrantless-access-e-mail-records | Intercept, The
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CONTENT
FACEBOOK AND REPUBLICANS -- GIVE CONFLICT A CHANCE
[SOURCE: InsideSources, AUTHOR: Blair Levin]
[Commentary] The recent flare-up between Facebook and conservatives will likely soon be forgotten. Facebook handled it brilliantly, comforting its critics through an open dialogue. Still, I wish Facebook had responded to inquiries from conservatives and government officials like Sen John Thune (R-SD), with the words Donald Trump used about the disclosure of his tax forms: “none of your damn business.” I concede that answer would have created a short-term PR nightmare. But in three ways it would have improved the groundwork for our country’s inevitable debate on the government’s role in regulating the political implications of large databases.
[Blair Levin is a Non-Resident Fellow at the Brookings Institute Metropolitan Policy Project.]
benton.org/headlines/facebook-and-republicans-give-conflict-chance | InsideSources
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JOURNALISM
GAWKER, HULK HOGAN, AND THE ONE PERCENTERS' WAR ON NEWS
[SOURCE: Hollywood Wrap, AUTHOR: Brian Flood]
Hulk Hogan, tool of the media-hating aristocracy? The pro wrestler is at the center of a growing uproar over media transparency and the so-called one percenters who control most of the wealth in the US. Recently it came to light that Hogan’s successful lawsuit against Gawker over his published sex tape was secretly financed by PayPal billionaire Peter Thiel. It’s the latest example of the ultra-rich secretly trying to control the flow of news and information. Casino billionaire Sheldon Adelson has insisted he isn’t influencing news coverage of the Las Vegas (NV) Review-Journal – the newspaper he bought after years of clashes over stories. Weaponizing litigation is old news. GOP candidate Donald Trump is far from the first wealthy person to use the threat of lawsuits to try to intimidate critics. But now the super-rich are waging war against not just reporting but against any kind of transparency. Thiel has admitted to secretly bankrolling anti-Gawker lawsuits in an attempt to ruin the website because a sister publication, Valleywag, outed him as gay.
benton.org/headlines/gawker-hulk-hogan-and-one-percenters-war-news | Hollywood Wrap
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STORIES FROM ABROAD
[SOURCE: Financial Times, AUTHOR: Duncan Robinson]
Google, Facebook, Twitter and Microsoft have signed up to new European Union rules on taking down illegal hate speech as lawmakers and internet giants try to cope with violent racist abuse and technically savvy terrorists online. The “code of conduct” will require companies to “review the majority” of flagged hate speech within 24 hours — and remove it, if necessary — and even develop “counter narratives” to combat the growing problem. Online hate speech has created a policy minefield for both businesses and government. The speed at which the issue has developed has left a regulatory vacuum, which the industry has attempted to fill with its own solutions. Although many of the code’s policies were already in place, the rules mark the first attempt to codify how internet giants deal with hate speech across the EU.
benton.org/headlines/web-giants-sign-eu-hate-speech-rules | Financial Times
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