Op-Ed

[Op-ed] There is considerable confusion about what’s really at stake in the congressional debates over net neutrality and online privacy regulation.

[Commentary] When Facebook CEO Mark Zuckerberg testified before two committees earlier in April, even GOP lawmakers typically opposed to regulations said new rules to restrict the actions of Facebook and other internet companies may be necessary. That’s a bad idea. Restrictions may help establish better metes and bounds around privacy and security practices, but there will still be privacy lapses or security breaches due to, among other things, employee negligence, systems failure and the violations of agreements and those laws. 

[Commentary] Our current privacy framework no longer works. While the hearings this month offered little in terms of solutions, they did put a spotlight on a problem that’s been glaringly obvious for years: Consumers have little control over their data online. We need a privacy framework that gives consumers control over their own data. Companies across the board must be required to get express consent from their users prior to sharing their data. At the outset, consumers should be asked to respond to a simple statement that they do or do not want their personal data shared.

[Commentary] Americans should have rights to and control over their data. If we don’t like a service, we should be free to move our data to another. The same network effect that creates value for people on Facebook can also lock them into Facebook’s walled garden by creating barriers to competition. People who may want to leave Facebook are less likely to do so if they aren’t able to seamlessly rebuild their network of contacts, photos, and other social graph data on a competing service or communicate across services.

[Commentary] One phrase that keeps being tossed around: "Facebook should be treated like a utility." The idea is that the use of Facebook has become effectively essential to modern life, and therefore it should be regulated just like water or electricity. Let's get this right: Facebook is not a utility. It is an app. It may be a dominant app. It may even be exercising monopoly power unfairly. But it is not a utility, and muddying the definitional waters this way will only help the real utilities—like Comcast, Spectrum, AT&T, Verizon, and CenturyLink—avoid genuine oversight.

[Commentary] When it came to unreasonable discrimination, the Federal Communications Commission's paid prioritization ban was more restrictive than the obligations that Section 202 placed on the old Bell telephone monopoly. 

[Commentary] On April 11, 11 Democratic senators and Independent Sen. Bernie Sanderssent a letter to Federal Communications Commission Chairman Ajit Pai requesting that the proposed merger between Sinclair Broadcast Group and Tribune Media be denied. Their request didn’t stop there; the senators requested not only that Sinclair’s future acquisitions be denied but that its existing broadcast licenses be reviewed and a decision be made on whether they should be revoked. The senators wrote this letter seemingly without a sense of the tremendous ironies laced throughout.

[Commentary] Ranking Digital Rights that has been analyzing and comparing the commitments and policies of internet, mobile and telecommunications companies affecting users’ freedom of expression and privacy since 2015. Our analysis has consistently found that Facebook discloses fewer details about how it handles users’ personal information than most of its peers. Our forthcoming 2018 Corporate Accountability Index evaluates 12 companies that run some of the world’s most powerful internet and mobile platforms headquartered in the U.S., South Korea, China and Russia.

[Commentary] Internet service providers would like you to think there’s broad agreement on net neutrality because everyone agrees cable companies shouldn’t block or slow access to websites and online services.

[Commentary] Network news is nationally scripted for a national audience. The New York-based networks such as ABC, CBS, Fox and NBC feed common fare to all their affiliates. That is precisely why broadcasting policy – until the Trump Federal Communications Commission – has expected those local affiliates to use the medium for local news and information. Sinclair’s broadcast licenses mandate the provision of local services, not a de facto new national network with pre-scripted national messages.