BENTON'S COMMUNICATIONS-RELATED HEADLINES for FRIDAY, OCTOBER 30, 2015
Today's Event:
Internet Society event, "Are You Happy With Your Internet? A Discussion about Broadband Competition with Blair Levin": https://www.benton.org/node/229658
AGENDA
FCC Announces Tentative Agenda for November 2015 Open Meeting - press release
ELECTIONS & MEDIA
Will Rick Santorum Be The Next Host Of Saturday Night Live? - analysis
Debate Devolved Into GOP vs. CNBC, and the Network Lost - NYT analysis
The 6 tech moments you missed during the GOP debate
How GOP’s ‘Media Bias’ Crusade Could Make Reporters Flinch
Candidates increasingly plug websites during debate [links to Benton summary]
How CNBC actually messed up Oct 28’s GOP debate - WaPo analysis [links to Benton summary]
This has not been a proud week for the political media - WaPo analysis [links to Benton summary]
Sen Cruz wins social media in GOP debate [links to Washington Post]
Sen Rubio dominates Google searches after debate [links to Hill, The]
How TV ads are shaping Nov 2's election
SECURITY/PRIVACY/SURVEILLANCE
Court OKs One Last Month of NSA Mass Spying
Court says it’s legal for NSA to spy on you because Congress says it’s OK [links to Benton summary]
Privacy advocates push feds on spying data
Pentagon Creates Cybersecurity Exchange Program With Industry
Presidential Proclamation -- Critical Infrastructure Security and Resilience Month, 2015 [links to White House, The]
Sec Pritzker: New transatlantic data pact coming 'shortly' [links to Hill, The]
GOVERNMENT & COMMUNICATIONS
A confidential arm of Congress clarifies its mandate: Secrecy
Introducing NTIA Data Central - press release [links to Benton summary]
TELEVISION
Chairman Wheeler Backs Off On Exclusivity Rules
Time Warner Cable wants to end the hated set-top box once and for all [links to Washington Post]
Cable Operators See Greater Subscriber Retention [links to Wall Street Journal]
INTERNET/BROADBAND
Public Citizen: Keep Net Neutrality Rider Off Budget Bill [links to Benton summary]
Title II kills investment? Comcast and other ISPs are now spending more - ars technica analysis [links to Benton summary]
Facebook to Bring the Next Billion People Online (And Help Marketers Reach Them, Too) [links to Benton summary]
WIRELESS/SPECTRUM
T-Mobile may let you stream Netflix and HBO without using up your data plan [links to Benton summary]
OWNERSHIP
Time Warner Cable and Charter Chiefs Expect Delay in Merger [links to New York Times]
Europe's Altice to Close Suddenlink Acquisition Before End of Year [links to Hollywood Reporter]
RESEARCH
China Ranks Last of 65 Nations in Internet Freedom
Technology Device Ownership: 2015 - Pew research
HEALTH
Margaret Atwood on How Tech Influences Creativity [links to Fast Company]
COMPANY NEWS
Some Alphabet Units May Return to China Ahead of Others, Brin Says [links to Wall Street Journal]
Google plans to fold its Chrome operating system for personal computers into its Android mobile-operating system [links to Wall Street Journal]
Is Now on Tap Google’s greatest invention? [links to CNNMoney]
STORIES FROM ABROAD
Sec Pritzker: New transatlantic data pact coming 'shortly' [links to Hill, The]
Commentary: BBC belongs to the people [links to Financial Times]
AGENDA
FCC ANNOUNCES TENTATIVE AGENDA FOR NOVEMBER 2015 OPEN MEETING
[SOURCE: Federal Communications Commission, AUTHOR: Press release]
Federal Communications Commission Chairman Tom Wheeler announced that the following items are tentatively on the agenda for the November Open Commission Meeting scheduled for Thursday, November 19, 2015:
Wireless Emergency Alerts: The FCC will consider a Notice of Proposed Rulemaking that would improve the effectiveness of WEA message content and the geographic targeting of WEA messages, and facilitate WEA testing and proficiency training. (PS Docket Nos. 15-91)
Hearing Aid Compatibility: The FCC will consider a Report and Order and Notice of Proposed Rulemaking that would update the scope of the wireless hearing aid compatibility rules
and seek comment on additional measures that would ensure greater deployment of hearing aid compatible wireless handsets. (WT Docket No. 07-250)
Accessibility of User Interfaces: The FCC will consider a Second Report and Order, Order on Reconsideration, and Second Further Notice of Proposed Rulemaking to provide consumers with better information about the availability of accessible devices and features and create easier access to video programming and closed captioning on devices. (MB Docket No.12-108)
benton.org/headlines/fcc-announces-tentative-agenda-november-2015-open-meeting | Federal Communications Commission
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ELECTIONS & MEDIA
WILL RICK SANTORUM BE THE NEXT HOST OF SATURDAY NIGHT LIVE?
[SOURCE: Benton Foundation, AUTHOR: Andrew Jay Schwartzman]
[Commentary] When Donald Trump serves as the host of Saturday Night Live (SNL) on Nov 7, won’t all the other candidates get equal time to be hosts of the show as well? The answer is no, but some of the other Republican candidates for President may well claim a right to receive air time on a number of NBC stations. This post will discuss the law surrounding Trump’s appearance. A forthcoming post will discuss political broadcasting law more broadly.
benton.org/headlines/will-rick-santorum-be-next-host-saturday-night-live | Benton Foundation
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DEBATE DEVOLVED INTO GOP VS CNBC, AND THE NETWORK LOST
[SOURCE: New York Times, AUTHOR: James Poniewozik]
[Commentary] CNBC managed to please almost no one, except maybe the candidates who scored easy points by pummeling the questioners. The forum was raucous but not revealing, combative but not authoritative, chaotic but not interesting. And it ended in the nigh-impossible spectacle of conservatives accusing the Wall Street-focused business network of swinging the ax for the liberal media. Back in August, in the first Republican debate of the cycle, Fox News’s moderators asked tough questions -- much too tough, notably, for Donald Trump’s liking -- and held firm on the debate rules. CNBC seemed to be trying this approach, but without the quickness and discipline to pull it off. CNBC set an adversarial tone without establishing the authority to back it up. The candidates sensed an opening and took it. The debate rules, whatever they were, became like a suggested donation at a museum. The debate quickly became candidates vs. CNBC. The network lost in a rout.
benton.org/headlines/debate-devolved-gop-vs-cnbc-and-network-lost | New York Times | Recode
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THE 6 TECH MOMENTS YOU MISSED DURING THE GOP DEBATE
[SOURCE: Washington Post, AUTHOR: Brian Fung]
Of all the Republican presidential debates so far, Oct 28's event on CNBC had the most mentions of tech policy issues -- ranging from the sharing economy to network neutrality. Here's what you may have missed:
Internet Sales Tax: Should state governments levy new sales taxes on Internet shopping transactions? That's the question CNBC's Carl Quintanilla put to Carly Fiorina, who largely avoided answering with a long diatribe against crony capitalism and socialism.
Net Neutrality: "The [Federal Communications Commission] jumping in now and saying, 'we're going to put 400 pages of regulation over the Internet,' is going to create massive problems," Fiorina said. Sharp readers will recognize that line as a shot at the FCC's net neutrality rules, which aim to keep Internet providers from slowing down Web sites for financial gain.
Do H1-B visas encourage the outsourcing of jobs?: Sen Marco Rubio (R-FL) was asked to defend his stance on immigration, an issue that's near and dear to Silicon Valley. Sen Rubio wants to expand the number of H1-B visas given out to high-skilled foreign workers, but CNBC's John Harwood pointed out that that plan could lead employers to "undercut hiring and wages for highly qualified Americans."
Who had the bigger gaffe on immigration, Trump or CNBC?: CNBC's Becky Quick tried to nail Donald Trump for criticizing Mark Zuckerberg's call for more H1-B visa. At the debate, though, Trump said he was in favor of "people coming into this country legally. You can call it visas, you can call it work permits, you can call it anything you want."
Worker benefits and the sharing economy: Part-time workers often lack the same workplace benefits that full-time employees get. So, asked CNBC, should the government encourage retirement saving among "workers at small businesses, and the growing ranks of Uber drivers and other part-timers in the freelance economy"? This was a question that virtually set up the answer before it was done. Fiorina leapt to say that the government should play no role in setting up 401k-type plans for part-time workers.
Jeb Bush's insta-shutdown on daily fantasy sports: Daily fantasy sports leagues have recently come under scrutiny for basically being a form of gambling. Asked whether the situation requires government intervention, former Florida governor Jeb Bush gave a surprisingly fluid answer, bragging about his own fantasy league record and rattling off the names of a few football players before saying, essentially, yes.
benton.org/headlines/6-tech-moments-you-missed-during-gop-debate | Washington Post
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HOW GOP'S 'MEDIA BIAS' CRUSADE COULD MAKE REPORTERS FLINCH
[SOURCE: The Wrap, AUTHOR: Jordan Chariton]
Republican presidential candidates beat up CNBC journalists like so many pinatas at Oct 28's debate, railing against what they called media bias and unfair questions -- a technique that could succeed in intimidating moderators in future debates. "You will see pulling of punches from some reporters,” veteran investigative reporter Mark Feldstein said on the heels of the GOP pundit pool voicing outrage against CNBC for what they saw as biased questions. The debate was highlighted by anti-media rants from Donald Trump, Sen Ted Cruz (R-TX) and Gov Chris Christie (R-NJ), reigniting a war against a favored opponent -- the liberal media conspiracy. Republican National Committee chair Rence Priebus scolded: “CNBC should be ashamed of how this debate was handled,” citing “gotcha” questions and “low blows.” “Particularly in TV…you’ll see reporters from CNN, ABC, NBC, CBS, they may be a little more careful on how they phrase their questions, they may be a little more cautious at using a phrase that can be considered inflammatory,” Feldstein predicted about what journalists will do after the debate.
benton.org/headlines/how-gops-media-bias-crusade-could-make-reporters-flinch | Wrap, The
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HOW TV ADS ARE SHAPING NOV 2'S ELECTION
[SOURCE: Center for Public Integrity, AUTHOR: Liz Essley Whyte]
Voters head to the polls Nov 3 to decide major races in several states, while Louisiana gears up for its runoff election on Nov 21 to determine its next governor and several other top offices. Though overshadowed by the 2016 presidential contest, these state elections have generated thousands of television ads worth millions of dollars. Who voters choose to represent them will have important consequences for Kentucky, Louisiana, Mississippi, Pennsylvania, New Jersey and Virginia. And voters will use ballot measures to decide important policy issues ranging from marijuana legalization in Ohio to campaign finance reform in Maine. More than $67 million has been spent to air TV ads about the 2015 elections for state candidates and ballot measures. The open Louisiana and Kentucky gubernatorial races to replace term-limited governors have been the most expensive contests: Kentucky’s race spawned more than $14 million in spending, while Louisiana has seen more than $11 million in gubernatorial ads.
benton.org/headlines/how-tv-ads-are-shaping-nov-2s-election | Center for Public Integrity
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SECURITY/PRIVACY/SURVEILLANCE
COURT OKS ONE LAST MONTH OF NSA MASS SPYING
[SOURCE: National Journal, AUTHOR: Kaveh Waddell]
A panel of federal judges decided that the National Security Agency can continue its phone-surveillance program in the period before a formal ban enacted by Congress takes effect. The decision from the Second US Court of Appeals, a small victory for the government, allows the NSA to maintain its bulk-surveillance program throughout a 180-day transition period. The transition was enacted in the USA Freedom Act, which President Barack Obama signed on June 2, 2015. The decision came in a case brought by the American Civil Liberties Union against a group of national security officials -- including Director of National Intelligence James Clapper and NSA Director Mike Rogers -- in an attempt to stop the bulk-surveillance program in its tracks. The case was filed June 213. The ACLU scored a win in May when the court declared the NSA's bulk surveillance illegal, deeming the program unsanctioned by the Patriot Act. After that decision, ACLU filed for an injunction to immediately stop the spying. Oct 29's decision, however, acknowledges that although the USA Freedom Act shuts down the program in question, it expressly allows them to continue throughout the transition period, before a new, less intrusive system must be in place.
benton.org/headlines/court-oks-one-last-month-nsa-mass-spying | National Journal
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PRIVACY ADVOCATES PUSH FEDS ON SPYING DATA
[SOURCE: The Hill, AUTHOR: Julian Hattem]
Dozens of privacy and civil liberties organizations pressed the Obama Administration on the scope of its surveillance powers on Oct 29, refocusing their efforts ahead of a new protracted legislative battle. The underlying law -- Section 702 of the 2008 update to the Foreign Intelligence Surveillance Act -- isn’t scheduled to come up for renewal until the end of 2017. But civil libertarians are already laying the groundwork for reform now, following a mixed record in 2015. “It may seem early but it’s not,” said Elizabeth Goitein, a co-director of the Brennan Center for Justice at New York University School of Law and organizer of a letter sent Oct 28. “The government has perpetuated a myth that Section 702 is narrowly targeted at foreign threats,” she added. “And we know that’s not the case, but we need the data in order to effectively rebut the myth.” “USA Freedom was two years in the making, and we are now two years out from the 702 reauthorization,” Goitein said.
benton.org/headlines/privacy-advocates-push-feds-spying-data | Hill, The
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PENTAGON CREATES CYBERSECURITY EXCHANGE PROGRAM WITH INDUSTRY
[SOURCE: Bloomberg, AUTHOR: Chris Strohm]
The Defense Department is sending career personnel on tours with private cybersecurity companies and bringing in specialists from those companies to gain the skills necessary to defend military networks from hackers, the Pentagon’s chief information officer said. "There’s not a time when I’m not being attacked somewhere in the world," Terry Halvorsen said. "We’re looking to industry to help us solve some specific areas." The department, for example, brought in a specialist in computer server routing technology from Cisco, Halvorsen said.
benton.org/headlines/pentagon-creates-cybersecurity-exchange-program-industry | Bloomberg
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GOVERNMENT & COMMUNICATIONS
A CONFIDENTIAL ARM OF CONGRESS CLARIFIES ITS MANDATE: SECRECY
[SOURCE: Washington Post, AUTHOR: Lisa Rein]
Members of Congress who are seeking answers to public policy questions from environmental protection to immigration have at their disposal a respected in-house think tank that’s served up in-depth analysis for the House and Senate since 1914. But now the Congressional Research Service’s unusual mandate for secrecy is under attack from advocates for open government, who want much of its research to be made available to the public. CRS, as it’s known, employs more than 400 analysts who are experts in their fields, “providing Congress with the vital analytical support it needs to address the most complex public policy issues facing the nation,” its Web site says. But this support, at a cost of $100 million a year to taxpayers, is confidential. The research is never made public unless a member of Congress releases it, to allow lawmakers to pursue potentially controversial issues without fear of political pushback. The reports are published on a site, CRS.gov, which is not publicly accessible. This confidentiality -- underscored in a new internal memo sent to CRS staff instructing them to be more secretive -- is being targeted by a coalition of librarians, open-government advocates and advocates against wasteful spending, who are pressing for an end to what they call excessive secrecy in Congress’s research arm.
benton.org/headlines/confidential-arm-congress-clarifies-its-mandate-secrecy | Washington Post
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TELEVISION
CHAIRMAN WHEELER BACKS OFF ON EXCLUSIVITY RULES
[SOURCE: TVNewsCheck, AUTHOR: Doug Halonen]
Bowing to the will of federal lawmakers, Federal Communications Commission Chairman Tom Wheeler has put a controversial proposal to eliminate the network non-duplication and syndicated exclusivity rules on indefinite hold, apparently. At deadline, Chairman Wheeler had no comment on the turnabout. But the FCC source said the move responded to congressional requests to work together with the agency on the issue. Chairman Wheeler’s proposal to eliminate the regulations, which he originally circulated for a private vote at the agency in August, now appeared to be in danger of completely derailing. The net nonduplication and syndicated exclusivity rules make it easier for broadcast TV networks and stations to protect the exclusivity of programming in local TV markets. The regulations have the staunch support of the National Association of Broadcasters, but are opposed by many cable operators.
benton.org/headlines/chairman-wheeler-backs-exclusivity-rules | TVNewsCheck
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RESEARCH
INTERNET FREEDOM
[SOURCE: New York Times, AUTHOR: Edward Wong]
China ranks last in the world for openness among countries studied in a new report on Internet freedom by Freedom House, a prominent American pro-democracy group. The report, “Freedom on the Net 2015,” lists the many ways in which China is restricting free access to the Internet, from strengthening its Great Firewall system of website censorship to criminalizing some kinds of Internet speech. China had the worst score of 65 nations, behind Iran, Cuba and Myanmar. Other findings include:
Content removals increased: Authorities in 42 of the 65 countries assessed required private companies or internet users to restrict or delete web content dealing with political, religious, or social issues, up from 37 the previous year.
Arrests and intimidation escalated: Authorities in 40 of 65 countries imprisoned people for sharing information concerning politics, religion or society through digital networks.
Surveillance laws and technologies multiplied: Governments in 14 of 65 countries passed new laws to increase surveillance since June 2014 and many more upgraded their surveillance equipment.
Governments undermined encryption, anonymity: Democracies and authoritarian regimes alike stigmatized encryption as an instrument of terrorism, and many tried to ban or limit tools that protect privacy.
benton.org/headlines/china-ranks-last-65-nations-internet-freedom | New York Times | see the online report
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TECHNOLOGY DEVICE OWNERSHIP: 2015
[SOURCE: Pew Internet and American Life Project, AUTHOR: Monica Anderson]
Today, 68 percent of US adults have a smartphone, up from 35 percent in 2011, and tablet computer ownership has edged up to 45 percent among adults, according to newly released survey data from the Pew Research Center. Smartphone ownership is nearing the saturation point with some groups: 86 percent of those ages 18-29 have a smartphone, as do 83 percent of those ages 30-49 and 87 percent of those living in households earning $75,000 and up annually. At the same time, the surveys suggest the adoption of some digital devices has slowed and even declined in recent years. Some of the other findings:
Computers are the next-most popular device among those measured. Some 73 percent of U.S. adults own a desktop or laptop computer, a figure that is similar to the 71 percent of those who owned a computer or laptop in 2004 and down somewhat from a high of 80 percent in 2012.
Some 40 percent of adults report having a game console, a number that has not budged in five years.
About a fifth (19 percent) have e-book readers, a drop from 32 percent who said they owned one in early 2014.
benton.org/headlines/technology-device-ownership-2015 | Pew Internet and American Life Project | Pew Research Center
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