BENTON'S COMMUNICATIONS-RELATED HEADLINES for WEDNESDAY, OCTOBER 28, 2015
Today’s busy agenda https://www.benton.org/calendar/2015-10-28
INTERNET/BROADBAND/TELECOM
House Subcommittee Explores Impact of FCC’s Open Internet Rules
Network Neutrality: Washington's Chance at a Bi-Partisan Win-Win Solution - Rick Boucher op-ed
Court gives ISPs, FCC Two Hours to Make Net Neutrality Case
Detroit’s Digital Divide - FCC press release
Closing the Digital Divide Means Policy, Technology Modernization
Sprint dispute could result in loss of affordable Internet for low income people
Verizon protests 64 Kbps voice unbundling requirement, says it may delay copper-fiber transition
How Comcast Wants To Meter The Internet
Internet governance: What could go wrong? - Jeffrey Eisenach/AEI op-ed
WIRELESS/SPECTRUM
Spectrum Sale Helps Pay for Budget Deal
T-Mobile's Legere expects 'dark horse' companies like Google and Comcast to bid in 600 MHz auction [links to Fierce]
NBC Stations Probably Will Provide Spectrum To FCC Wireless Auction [links to Benton summary]
GSMA: Mobile Industry Generates $670 Billion in North America [links to Revere Digital]
Data overage charges crushing cellphone customers [links to Benton summary]
Library of Congress says it's now okay to jailbreak your tablet and smart TV [links to Benton summary]
Roslyn Layton op-ed: Wi-Fi supporters are wrong to fight LTE-U [links to American Enterprise Institute]
CYBERSECURITY
Senate Approves a Cybersecurity Bill Long in the Works and Largely Dated
An American strategy for the Internet - op-ed
NIST to Support Cybersecurity Jobs “Heat Map” to Highlight Employer Needs and Worker Skills [links to Department of Commerce]
Is This the Definitive Cybersecurity Guide? [links to International Association of Privacy Professionals]
Unpatched browser weaknesses can be exploited to track millions of Web users [links to Ars Technica]
PRIVACY
Judge Questions Legal Authority To Force Apple To Unlock iPhones [links to Benton summary]
ELECTIONS AND MEDIA
Like It Or Not, Political Campaigns Are Using Facebook To Target You [links to Benton summary]
Why Hollywood Republicans Are Still Flirting With Wide GOP Field [links to Benton summary]
I gave the presidential candidates $22 of my money to evaluate their Web sites - Philip Bump analysis [links to Benton summary]
TELEVISION
GLAAD: Transgender Characters Absent From Primetime [links to Multichannel News]
Cord-cutting: It's easier and cheaper than you think [links to Los Angeles Times]
With So Many Americans Dropping Cable, Will Cord Cutting Doom TV as We Know It? [links to AdWeek]
CONTENT
Balancing Innovation and IP to Advance the Digital Economy - NTIA press release
It’s still illegal to rip DVD and Blu-ray discs for personal use [links to Ars Technica]
US regulators grant DMCA exemption legalizing vehicle software tinkering [links to Ars Technica]
Judge orders school to delete Facebook post about school board candidate [links to Ars Technica]
Are the Mobile Ad-Blocking Wars Already Over? [links to Atlantic, The]
OPEN GOVERNMENT
White House Releases Third Open Government National Action Plan - press release
GOVERNMENT & COMMUNICATIONS
Slowly but surely, government IT enters the 21st century [links to Benton summary]
Hacking the Capitol: All the Ways Tech Can Help Congress Work Smarter [links to Benton summary]
POLICYMAKERS
How Congress lost control of the regulators - Lawrence Spiwak op-ed
COMPANY NEWS
Altice Completes Cablevision Funding [links to Multichannel News]
Facebook will give employees super slow Internet speeds every Tuesday to better understand markets like India [links to Benton summary]
Google Fiber Goes Out in Kansas City as World Series Starts [links to Bloomberg]
STORIES FROM ABROAD
European Parliament rejects amendments protecting net neutrality
Berners-Lee: “These rules will threaten innovation, free speech and privacy, and compromise Europe's ability to lead in the digital economy” [links to CNNMoney]
Why Europe’s net neutrality plan is more controversial than US rules - analysis
Germany to investigate Google, Facebook over data transfers [links to Benton summary]
German publishers' battle with Google over content escalates [links to Reuters]
Europe puts an end to mobile roaming charges [links to Benton summary]
European tech companies create new EU lobbying group, headed by Skype co-founder [links to Benton summary]
Facebook CEO Mark Zuckerberg defends effort to expand Internet access [links to Benton summary]
MORE ONLINE
Cities: The Home of Tech Innovation [links to Aspen Institute]
INTERNET/BROADBAND/TELECOM
HEARING RECAP
[SOURCE: Benton Foundation, AUTHOR: Kevin Taglang]
The House Communications and Technology Subcommittee, chaired by Rep Greg Walden (R-OR), discussed the impact of the Federal Communications Commission’s implementation of Open Internet rules on consumers, jobs, and investment. The witnesses were: Frank Louthan, Managing Director- Equity Research at Raymond James Financial; Michael Mandel, Chief Economic Strategist at the Progressive Policy Institute; Robert Shapiro, a Co-Founder and Chairman of Sonecon LLC; and Nicholas Economides, Professor of Economics at New York University Stern School of Business. [more at the URL below]
benton.org/headlines/house-subcommittee-explores-impact-fccs-open-internet-rules | Benton Foundation | B&C | The Hill | Multichannel News
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NET NEUTRALITY: WASHINGTON'S CHANCE AT A BI-PARTISAN WIN-WIN SOLUTION
[SOURCE: Bloomberg, AUTHOR: Rick Boucher]
[Commentary] During the telecommunications debates of the past decade, Republicans have consistently opposed network neutrality legislation. Now, in the interest of obtaining lighter regulatory treatment for broadband as an information service, Republicans have signaled their willingness to enshrine meaningful network neutrality protections in a statute in return for not applying common carrier regulation to the Internet. By accepting the Republican offer, Congressional Democrats would achieve their long-held goal of statutory permanence for network neutrality in exchange for a return of broadband to the information services status it has enjoyed since its inception for all but a few months of 2015. Net neutrality guarantees would be virtually immune from legal challenge and far removed from political risk. Why wouldn't Democrats want to take advantage of this unique opportunity? There's no reason not to take the deal for either party and also thereby remind the Federal Communications Commission that no matter which party controls it, Congress is the ultimate arbiter of telecom policy. As a Democrat and network neutrality proponent, this is a deal I hope the Democrats will accept.
[Rick Bouhcer is a former Chairman of the House Communications Subcommittee and is honorary Chairman of the Internet Innovation Alliance]
benton.org/headlines/net-neutrality-washingtons-chance-bi-partisan-win-win-solution | Bloomberg
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NET NEUTRALITY COURT CASE
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The U.S. Court of Appeals for the District of Columbia has set oral argument for Internet service providers’ and others' challenge of the Federal Communications Commission's Open Internet order, giving them and the FCC the total two hours of argument time they had asked for. The court has also set the three-judge panel, which will be Judges David Tatel (he was on the panel that rejected the previous network neutrality rules), Sri Srinivasan, and Senior Judge Stephen Williams.
benton.org/headlines/court-gives-isps-fcc-two-hours-make-net-neutrality-case | Broadcasting&Cable
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DETROIT'S DIGITAL DIVIDE
[SOURCE: Federal Communications Commission, AUTHOR: FCC Chairman Tom Wheeler, FCC Commissioner Mignon Clyburn]
We have had the pleasure of visiting the Motor City: Detroit (MI). Detroit’s digital divide is among the most extreme in the nation. Thirty-eight percent of its residents do not have broadband at home. For low-income households, the percentage offline is a whopping 63 percent. We were honored to meet with local leaders at Detroit’s Henry Ford Innovation Institute to discuss the impact of this digital divide in their community and identify possible solutions. We spoke about ongoing efforts at the Federal Communications Commission to help close the broadband gaps in cities like Detroit. We discussed the FCC’s modernization of E-rate to support high-speed wired and wireless connectivity in our schools and libraries and the establishment of the Connect America Fund, which will invest $9 billion over six years to expand broadband to nearly 7.5 million rural customers. Looking ahead, we spoke about the need to reboot the Commission’s Lifeline program for the Internet age, which will help connect low-income Americans. But our main message to the people of Detroit was that the FCC cannot solve this problem on its own. There are multiple barriers to broadband adoption: from cost, to digital literacy to the fact that many Americans do not see the Internet as relevant to their lives. If we ever hope to achieve universal broadband in the United States, we will need a concerted effort from private sector leaders, the public interest community, and government officials at all levels.
benton.org/headlines/detroits-digital-divide | Federal Communications Commission
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CLOSING THE DIGITAL DIVIDE MEANS POLICY, TECHNOLOGY MODERNIZATION
[SOURCE: TechZone360, AUTHOR: Tara Seals]
The Telecom Act of 1996 turns 20 in February, and while the more open path for competition that the Act accomplished has resulted in a breathtaking expansion of communications options for many, the Digital Divide still persists. The Federal Communications Commission and private industry are looking to modernize their approaches to rural and underserved communities in order to address this. While the FCC has worked on many policies that have real effects on the market -- notably the Open Internet Order -- the Commission is now focused on crafting a broadband-led policy that translates into real benefits for consumers and for the economy, according to FCC Commissioner Jessica Rosenworcel. A first area of focus for broadband expansion is in schools and libraries. When it comes to the Lifeline program, Commissioner Rosenworcel noted that this too is a legacy policy. It was first implemented in 1985 under President Ronald Reagan. “Washington is not a normal place, and you can get lost in policy discussions and get into pitched battles about specific word choices in a regulation,” she said. “But it’s so important to remember what those words mean on the ground. It is incredibly valuable when you can remind everyone in Washington on every issue that there are real people at the end of the line. Hearing from consumers directly is critically important.”
benton.org/headlines/closing-digital-divide-means-policy-technology-modernization | TechZone360
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SPRINT DISPUTE COULD RESULT IN LOSS OF AFFORDABLE INTERNET FOR LOW INCOME PEOPLE
[SOURCE: CNNMoney, AUTHOR: Hope King]
Sprint plans on shutting down an outdated cellular network the week of Nov 2. But two nonprofits are fighting Sprint in court, saying that the shutdown will cut off Internet access to low-income individuals, the elderly, and the disabled. The nonprofits, Mobile Beacon and Mobile Citizen, use Sprint's old "WiMAX" network to provide high speed wireless Internet to schools and other organizations that help the needy. Sprint's WiMAX rates are so low that the two groups charge as little as $10 per month for unlimited access. But Sprint plans to decommission WiMAX on November 6. WiMAX technology was developed by a company called Clearwire, which sold cheap Internet access via mobile hotspots. The network has been rendered obsolete by 4G-LTE.
Sprint bought Clearwire in 2013 and has planned to shut down the WiMAX network for more than a year. Mobile Beacon and Mobile Citizen claim that more than 300,000 under-served people will lose their only access point to the Internet as a result of the WiMAX shutdown. So they filed for an emergency ruling in a Massachusetts state court on Oct 26 to delay those plans.
benton.org/headlines/sprint-dispute-could-result-loss-affordable-internet-low-income-people | CNNMoney
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VERIZON PROTESTS 64 KBPS VOICE UNBUNDLING REQUIREMENT, SAYS IT MAY DELAY COPPER-FIBER TRANSITION
[SOURCE: Fierce, AUTHOR: Sean Buckley]
As its traditional voice subscriber base continues to decline, it should be no surprise that Verizon is anxious to move away from having to provide an unbundled 64 Kbps voice-grade channel where it has transitioned to fiber and retired the copper loop. The service provider said in an Federal Communications Commission filing that the 64 Kbps requirement has "outlived any usefulness" as more of its customers have dropped their landline phone service in favor of either VoIP or wireless as their main calling device. "Customer demand for legacy wireline voice service has dropped precipitously," Verizon said. "From 2003 to 2013, [incumbent local exchange carrier] retail switched access lines declined by almost 60 percent." Verizon added that "demand for unbundled analog voice loops from Verizon -- which the 64 Kbps on fiber channel replaces -- has declined by 65 percent." Although plain old telephone service (POTS) revenues continue to decline, the company said that providing 64 Kbps voice channels over fiber is becoming cost prohibitive and could potentially hold them back from retiring copper in other areas.
benton.org/headlines/verizon-protests-64-kbps-voice-unbundling-requirement-says-it-may-delay-copper-fiber | Fierce
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HOW COMCAST WANTS TO METER THE INTERNET
[SOURCE: Associated Press, AUTHOR: Tali Arbel]
2015 marked a turning point for Comcast: It now has more Internet than TV customers. And it's trying out how to charge you for the amount of data you use, much the way Verizon and AT&T do for wireless customers. Why risk doing something that upsets customers? Most large cable companies -- AT&T and some smaller providers are the main exceptions -- offer unlimited data plans. The reason is simple. Comcast currently takes in more revenue from video customers than from Internet customers, but that's not likely to be true forever. A small but growing number of consumers are skipping cable subscriptions as hours spent watching video shifts online. So finding a way to charge for heavier Internet use could bolster Comcast's revenue as the ranks of its cable customers shrink. In Oct, Comcast added a tweak as it expanded the cap into Florida: Customers can now pay an additional $30 a month for unlimited data. (In Atlanta (GA), it's $35 a month.) At this point, roughly 12 percent of Comcast territory is subject to "usage-based pricing," MoffettNathanson analyst Craig Moffett estimates. The average household watches 240 hours of TV a month, Moffett says; using current streaming technology, it would likely exceed the Comcast cap by watching the same amount of online video. (Comcast says the 300 GB cap would let you stream 230 to 575 hours of video a month, depending on if you watch it in standard definition or HD, or on your phone, computer or tablet versus a TV.)
benton.org/headlines/how-comcast-wants-meter-internet | Associated Press
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INTERNET GOVERNANCE: WHAT COULD GO WRONG?
[SOURCE: American Enterprise Institute, AUTHOR: Jeffrey Eisenach]
[Commentary] In mid-December, the United Nations General Assembly will meet in New York for two days to discuss the future of Internet governance. A group of countries led by China and Russia is arguing that oversight of the Internet should move from the current “multi-stakeholder” model to a more centralized, government-centric approach managed by the International Telecommunication Union (ITU). Should you be worried? Yes, but not in the way you might think. The risk here lies not so much in the threat of a dramatic UN-takeover of the Internet, but rather in the fact that UN-style bureaucratic paralysis is already forestalling effective action to limit commercial hacking, preserve Internet freedom and identify and prevent potential terrorist threats to critical infrastructure. The main threat is not in what is happening with Internet governance, but rather what is not. Rather than leading on these issues, the US and its allies appear to be bogged down in a diplomatic rear-guard action focused on arcane institutional issues -- fiddling while cyberspace burns. Until that changes, the risks associated with cybersecurity will continue to grow.
[Eisenach has served in senior positions at the Federal Trade Commission and the Office of Management and Budget, and currently is an adjunct professor at the George Mason University School of Law]
benton.org/headlines/internet-governance-what-could-go-wrong | American Enterprise Institute
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WIRELESS/SPECTRUM
LOTS OF SPECTRUM GOODIES IN NEW BUDGET DEAL
[SOURCE: Politico, AUTHOR: Kate Tummarello, David Pittman, Tim Starks, David Perera]
The budget deal released Oct 26 includes a ton of spectrum policy changes. Under the bill, the Department of Commerce would have until the beginning of 2022 to identify 30 MHz of federally-held spectrum below 6 GHz that can be auctioned off by July 1, 2024. The Federal Communications Commission and the National Telecommunications and Information Administration would have to report to Congress on plans to free up and auction off 50 MHz below 6 GHz by the beginning of 2022 and another 50 MHz two years later. The FCC would also have to report on the effects of new rules governing the 3.5 GHz band and on proposals to assign at least 1 GHz of spectrum between 6 GHz and 57 GHz. Additionally, the budget deal would change restrictions on how federal agencies can use the Spectrum Relocation Fund, which is currently available only once an agency has decided which of its spectrum it wants to sell. Following suggestions from the Administration, the bill would allow federal agencies to use some of the money in the fund to study ways to use their spectrum more efficiently in the hopes of freeing up more airwaves for consumer use. The deal would also extend the FCC's authority to auction off spectrum until Sept. 30, 2025.
benton.org/headlines/spectrum-sale-helps-pay-budget-deal | Politico | B&C
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CYBERSECURITY
SENATE APPROVES CISA
[SOURCE: New York Times, AUTHOR: David Sanger, Nicole Perlroth]
After four years of false starts and strife over privacy protections, the Senate passed legislation by a vote of 74 to 21 that would help companies battle a daily onslaught of cyberattacks. But there is one problem with the legislation, the Cybersecurity Information Sharing Act, or CISA: In the years that Congress was debating it, computer attackers have grown so much more sophisticated — in many cases, backed by state sponsors from Shanghai to Tehran — that the central feature of the legislation, agreements allowing companies and the government to share information, seems almost quaint. To many in the trenches of daily computer combat, it is a little like the insistence of some cavalry officers in the 1930s on sticking to horses, rather than investing in mechanized divisions. Senate legislation faces more legal wrangling at a House-Senate conference at which conferees must reconcile the Senate bill with two similar, albeit slightly different, bills passed by the House in April: the Protecting Cyber Networks Act, or PCNA, and the National Cybersecurity Protection Advancement Act, or NCPAA, which were eventually combined. Both bills, like the Cybersecurity Information Sharing Act, would establish a voluntary threat information-sharing vehicle, whereby companies and government agencies can share information about attackers’ code and techniques, and risk alerts. Both bills also include liability protections for private companies, shielding them from lawsuits for sharing certain types of data. And both set up some privacy safeguards for customers’ personal information. But the logistics of each bill are slightly different and will have to be hammered out by the conference.
benton.org/headlines/senate-approves-cybersecurity-bill-long-works-and-largely-dated | New York Times | WashPost | Wired
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AN AMERICAN STRATEGY FOR THE INTERNET
[SOURCE: American Enterprise Institute, AUTHOR: Gen Michael Hayden]
[Commentary] As the Senate finally prepares to vote on the Cybersecurity Information Sharing Act (CISA) legislation, it is important to keep in mind that CISA alone will not solve our problems with respect to cyberspace. A much broader strategy is needed. America is largely responsible for today’s Internet which, after creating enormous prosperity and human progress, is now being used to recruit terrorists, oppress freedom, harm our economy and threaten our national security. If we are to continue to enjoy the web’s blessings, we will need to develop and execute a comprehensive strategy to deal with those who would threaten us in the cyber domain, just as we did in previous ages when our well-being was threatened on land, at sea, and later in the air and in space. To preserve both Internet freedom and security, America needs a clear strategy that should have at least four main elements. First, it should begin with an understanding that -- unlike land, sea and the other domains -- security in the cyber domain will often require that the private sector, not the government, take the lead. Second, while the private sector must routinely lead and be routinely responsible for defense, government has an indispensable role to play in protecting national assets from significant cyber disruption. A third aspect of a successful strategy is pragmatism, including a recognition that we need to just get on with some things. Lastly and most importantly, an American strategy for cyberspace must reflect and serve our ideals.
[Gen Michael Hayden is the principal at the Chertoff Group]
benton.org/headlines/american-strategy-internet | American Enterprise Institute
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CONTENT
BALANCING INNOVATION AND IP TO ADVANCE THE DIGITAL ECONOMY
[SOURCE: National Telecommunications and Information Administration, AUTHOR: Angela Simpson]
Every three years, the Commerce Department’s National Telecommunications and Information Administration (NTIA) shares its views with the United States Copyright Office regarding proposed exemptions from the Digital Millennium Copyright Act’s (DMCA) prohibition against circumventing copyright protection technologies. These exemptions are vital to enabling innovation and free expression in the digital age. They help students learn by making fair use of clips from movies, make e-books accessible to the print-disabled, and allow changing the settings on mobile phones so that they can be used with different wireless carriers. Oct 27, the Acting Librarian of Congress, adopting the Copyright Office’s recommendations, issued the latest set of exemptions Importantly, there are also new exemptions covering emerging areas where access controls have increasingly become an issue. New exemptions cover a range of security research activities, as well as vehicle repair; playing and preserving old video games; and using 3D printers with third-party feedstock. While we are still reviewing the details of these new exemptions, and particularly the scope of the new exemption for good-faith security research, these appear to be positive steps toward enhancing cybersecurity, ensuring the right of all Americans to repair vehicles they own, and encouraging innovation.
benton.org/headlines/balancing-innovation-and-ip-advance-digital-economy | National Telecommunications and Information Administration | NTIA
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OPEN GOVERNMENT
WHITE HOUSE RELEASES THIRD OPEN GOVERNMENT NATIONAL ACTION PLAN
[SOURCE: The White House, AUTHOR: Marty Beth Goodman, Megan Smith]
The White House released our third Open Government National Action Plan, announcing more than 40 new or expanded initiatives to advance President Barack Obama’s commitment to an open and citizen-centered government. In the third Open Government National Action Plan, the Administration both broadens and deepens efforts to help government become more open and more citizen-centered. The plan includes new and impactful steps the Administration is taking to openly and collaboratively deliver government services and to support open government efforts across the country. These efforts prioritize a citizen-centric approach to government, including improved access to publicly available data to provide everyday Americans with the knowledge and tools necessary to make informed decisions. Some examples of open government efforts newly included in the plan:
Promoting employment by unlocking workforce data, including training, skill, job, and wage listings.
Enhancing transparency and participation by expanding available Federal services to the Open311 platform currently available to cities, giving the public a seamless way to report problems and request assistance.
Releasing public information from the electronically filed tax forms of nonprofit and charitable organizations (990 forms) as open, machine-readable data.
Expanding access to justice through the White House Legal Aid Interagency Roundtable.
Promoting open and accountable implementation of the Sustainable Development Goals.
benton.org/headlines/white-house-releases-third-open-government-national-action-plan | White House, The
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POLICYMAKERS
HOW CONGRESS LOST CONTROL OF THE REGULATORS
[SOURCE: The Hill, AUTHOR: Lawrence Spiwak]
[Commentary] The dangers to the US economy -- if not its democracy -- of the growing trend of regulatory bargains are profound. Advanced economies are "advanced" largely because of the rule of law. Yet, in a new paper by the Phoenix Center for Advanced Legal and Economic Policy Studies, "Eroding the Rule of Law: Regulation as Cooperative Bargaining at the FCC," the authors conclude that regulation in the US is "mov[ing] away from the rule of law and due process" so that deals may be cut to satisfy the whims and caprices of bureaucrats. To illustrate this growing and troubling phenomenon, the Phoenix Center uses the Federal Communications Commission (FCC) as a case study (although the analysis can easily be applied to other regulatory agencies as well). At the center of the analysis is the identification of a growing phenomenon that the Phoenix Center labels as "issue bundling." As the Phoenix Center explains, issue bundling occurs when the regulator and the regulated make a deal to combine a variety of unrelated issues in exchange for regulatory relief. Unfortunately, given the complexity of the problem, quick solutions to regulatory issue bundling are not immediately available. However, we can at least take some small comfort by the fact that the phenomenon is now identified. Hopefully, Congress will take note and give regulatory issue bundling the attention it deserves when conducting its oversight role.
[Spiwak is the President of the Phoenix Center for Advanced Legal & Economic Public Policy Studies]
benton.org/headlines/how-congress-lost-control-regulators | Hill, The | Phoenix Center
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STORIES FROM ABROAD
EUROPEAN PARLIAMENT REJECTS AMENDMENTS PROTECTING NET NEUTRALITY
[SOURCE: The Verge, AUTHOR: James Vincent]
The European Union has rejected legal amendments that would firmly protect the concept of network neutrality in Europe. The European Parliament voted in favor of new regulations which proponents say establish an Internet "without discrimination," but advocates for net neutrality say the laws contain a number of loopholes which could lead to the creation of a tiered Internet service. The legislation also includes an end to roaming charges in Europe, although some critics say those laws are also less robust than they appear. The new legislation allows the creation of Internet fast lanes for "specialized services" and lets Internet service providers (ISPs) offer so-called "zero-rating" products -- i.e. apps and services that don't count toward monthly data allowances -- without restrictions. Critics of the legislation say that the latter loophole will allow big Internet companies to favor certain services in commercial deals. Critics of the legislation have noted that fatigue among legislators and keenness to end roaming charges may have contributed to its largely unchallenged adoption. Now that the legislation has been approved by the European Parliament, the Body of European Regulators has nine months to pass on guidelines to individual nations.
benton.org/headlines/european-parliament-rejects-amendments-protecting-net-neutrality | Verge, The | European Parliament | Washington Post | ars technica
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WHY EUROPE'S NET NEUTRALITY PLAN IS MORE CONTROVERSIAL THAN US RULES
[SOURCE: ars technica, AUTHOR: Jon Brodkin]
[Commentary] There are many similarities in network neutrality rules between the US and the European Union. But, the US rules were widely acclaimed by net neutrality advocates, while the EU proposal is being heavily criticized by advocates, tech companies such as reddit and BitTorrent, and World Wide Web inventor Sir Tim Berners-Lee. Why is that? Let’s examine the four major parts of the EU proposal that net neutrality advocates are trying to change and compare these to the US rules:
“Fast lanes” and specialized services: The EU proposal doesn’t require separate capacity for specialized services and general Internet access. Instead, EU Internet service providers (ISPs) would be required to provide enough capacity so that specialized services can be offered without slowing down general Internet access.
Zero-rating: Whereas the “FCC rule makes potentially all cases subject to regulation,” there would likely be very limited circumstances in which a zero-rating practice in Europe would be stopped, according to Stanford Center for Internet and Society Director Barbara van Schewick.
“Classes” of Internet applications: While the EU proposal instructs Internet providers to “treat all traffic equally,” it also lets providers implement “reasonable traffic management measures” based upon the “different technical quality of service requirements of specific categories of traffic.” In short, ISPs would be allowed to treat one type of application (say, online gaming) different from another (such as file sharing or voice).
Impending congestion: The EU’s proposal lets ISPs take into account “impending network congestion.” That means ISPs could impose network management practices if congestion is “about to materialize” rather than when it actually occurs.
benton.org/headlines/why-europes-net-neutrality-plan-more-controversial-us-rules | Ars Technica
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