Reporting

With the Federal Communication Commission’s recent vote to consider reversing net neutrality rules, many might be wondering how that could affect their lives. Net neutrality has a handful of functions, but its main function is to keep internet service providers from speeding up, slowing down or blocking content users may want to access, said Sherry Lichtenberg, principal for telecommunications research and policy at National Regulatory Research Institute. “There will no longer be protection for blocking access to websites you want to go to or having carriers favor their own sites or browsers over the one you want to go to,” she said. “It takes away the protection, essentially, that allows you to do whatever you want on the internet.” That’s one take on things, but the FCC, with Chairman Ajit Pai at the helm, believes the commission overstepped with the 2015 rules. The FCC’s notice of proposed rule-making, which was adopted May 18, said the decision to apply utility-style regulation to the internet represented a “massive and unprecedented shift in favor of government control of the internet.”

The order to classify the internet as Title II put online investment and innovation at risk, the FCC said in the notice. Its biggest concern is that over the past two years, investment in broadband networks declined and service providers have pulled back on plans to build new infrastructure.

The Freedom of Information Act, often known as FOIA, has been used by journalists, activists, and private citizens to get access to federal government records since it went into effect in 1967. And every state has passed similar laws that allow the public to get access to state and local records, generally with exemptions for files like records of ongoing investigations or personal medical records. (Florida’s are called the Sunshine Law.) The trouble, say transparency advocates and people who rely on open records laws for their day-to-day work, is that in an era when files can be searched, copied, and transmitted in minutes at minimal cost, many agencies still respond to requests with excessive delays, claims of high processing costs, and files produced in difficult-to-handle formats like scans of printed versions of digital documents.

The federal judges who upheld the Federal Communications Commission's TItle II classification of Internet service providers in 2016 have signaled that even under those rules, ISPs could block content or slow certain traffic, just so long as they created a "walled garden" that had clear signage signaling that was what they were doing. That is according to a new blog post from Hank Hultquist, VP of federal regulatory for AT&T, which strongly opposed Title II.

Hultquist cites the concurring opinion from judges Sri Srinivasan and David Tatel earlier in May in the en banc (full court) decision of the US Court of Appeals for the DC Circuit not to review the three-judge panel ruling last year to uphold the FCC's Open Internet order. Srinivasan and Tatel wrote the majority opinion in that panel decision. "In the past," said Hultquist, "supporters of Title II often alleged that without reclassification, ISPs would be free to block unpopular opinions or viewpoints that they disagreed with. In the understanding of the DC Circuit panel majority, it seems that the Title II order does not touch such practices as long as an ISP clearly discloses its blocking plans to customers."

Matthew Berry, chief of staff to Federal Communications Commission Chairman Ajit Pai, assured a National Public Radio audience May 31 that the chairman's proposal to roll back Title II was meant to continue to protect an open Internet while encouraging innovation and investment that will promote high-speed broadband access, particularly to rural America. Berry was grilled by host Joshua Johnson on the NPR show 1A, a production of WAMU FM Washington, in a segment about the proposal and the pushback it has drawn from Title II fans and its impact on rural broadband deployment. Other guests on the show included former FCC chair Tom Wheeler, US Telecom CEO Jonathan Spalter and Free Press CEO Craig Aaron.

A group of Democratic Sens, including some of the loudest critics of Federal Communications Commission Chairman Ajit Pai's effort to roll back Title II, have asked the FBI to investigate the multiple distributed denial of service (DDoS) attacks the FCC says it suffered that affected its online comment system. “This particular attack may have denied the American people the opportunity to contribute to what is supposed to be a fair and transparent process, which in turn may call into question the integrity of the FCC’s rulemaking proceedings,” the Sens wrote to acting FBI director Andrew McCabe. “We request that you update us on the status of the FBI’s investigation and brief us on this matter.”

President Donald Trump has been handing out his cellphone number to world leaders and urging them to call him directly, an unusual invitation that breaks diplomatic protocol and is raising concerns about the security and secrecy of the US commander in chief’s communications. President Trump has urged leaders of Canada and Mexico to reach him on his cellphone, apparently. Of the two, only Canadian Prime Minister Justin Trudeau has taken advantage of the offer so far, the officials said. President Trump also exchanged numbers with French President Emmanuel Macron when the two spoke immediately following Macron’s victory earlier in May.

The notion of world leaders calling each other up via cellphone may seem unremarkable in the modern, mobile world. But in the diplomatic arena, where leader-to-leader calls are highly orchestrated affairs, it is another notable breach of protocol for a president who has expressed distrust of official channels. The formalities and discipline of diplomacy have been a rough fit for President Trump — who, before taking office, was long easily accessible by cellphone and viewed himself as freewheeling, impulsive dealmaker.

The New York Times offered buyouts to its newsroom employees, aiming to reduce layers of editing and requiring more of the editors who remain. In a memo to the newsroom, Dean Baquet, the executive editor, and Joseph Kahn, the managing editor, said the current system of “backfielders” and copy editors — two separate groups who have different tasks before a story is published — would be replaced with a single group of editors who would be responsible for all aspects of a story. Another editor would be “looking over their shoulders before publication.”

In a separate memo, Arthur Sulzberger Jr., the publisher, said The Times would be eliminating the position of public editor. Liz Spayd, the current public editor, will leave The Times on June 2. The buyouts are aimed primarily at editors, but reporters and others in the newsroom would be free to apply as well, the memo said. Baquet and Kahn said that the savings would be used to hire as many as 100 more journalists.

Fight for the Future sees dead people. At least it says a few have somehow filed anti-Title II comments to the Federal Communications Commission according to reports from the deceased's friends.

The group has also found another dozen or so people—twice the original number—who say anti-Title II comments were filed in the FCC docket under their names that they did not submit. In addition, the group said it has been hearing from people saying that a comment was filed under the name and address of a deceased family member. The group claims that over 450,000 fake comments have been submitted and that the FCC "is still refusing to remove fake comments, even when victims call the FCC directly and demand that their name and personal information be removed from a public docket endorsing political messages they don’t agree with." Fight for the Future also said it had received three reports from friends of recently deceased individuals whose names were on comments, saying the comments would have had to be posted posthumously.

TeleQuality Communications filed comments urges changes to the Federal Communications Commission rural healthcare-broadband programs, arguing that the Universal Service Fund (USF) rural healthcare, telecom and e-rate schools and libraries programs would be more effective if they did not operate as isolated silos. TeleQuality, an organization that provides network connectivity for healthcare providers funded, in part, through the USF rural healthcare program. The filing includes some compelling data points, along with some creative ideas for potential reforms to FCC rural healthcare-broadband programs – although some readers may find some of the ideas unrealistic. The most compelling data points in the TeleQuality filing:

• The number of physicians serving rural areas is insufficient. The filing cites a Health Resources and Services Administration (HRSA) report that found that a majority of rural counties have 1 practitioner serving 3,500 patients when 1 practitioner per 2,000 patients is recommended for adequate care – a finding that confirms similar data that Telecompetitor has reported previously. There is also a shortage of skilled IT personnel in rural areas, TeleQuality argues – another data point that is consistent with previous research on that topic.
• The number of FCC rural healthcare funding requests from healthcare providers has not increased as dramatically as the amount of funding requested – a phenomenon the filing attributes to the significant bandwidth increases needed to run electronic health records systems. At the same time, the FCC program remains underutilized because some healthcare providers do not have the resources to handle program filing and administration.

Michael Dubke, the White House communications director, announced that he was resigning, as President Donald Trump weighs a broader shake-up of his staff in the face of multiple investigations.

Dubke, a veteran Republican strategist who served three months in the role, said that he offered his resignation on May 18 and agreed to stay on until President Trump completed his first overseas trip, which ended over the weekend. Other staff changes could come by the end of the week, White House officials said.

The resignation came as President Trump and his team pushed back against reports that Jared Kushner, his son-in-law and senior adviser, explored the possibility of setting up a secret communications channel to Moscow during the transition between the election and inauguration. President Trump posted a link on Twitter to a “Fox & Friends” article reporting that the Russians, not Kushner, suggested the secret channel and that it was meant as a one-time vehicle to talk about the civil war in Syria. Trump’s tweet came shortly after his counselor, Kellyanne Conway, went on the same program to call the talk of collusion with Russia “just a rush to judgment” and to repeat the president’s support for his son-in-law.