Daily Digest 11/20/2018 (This Round to Acosta)

Benton Foundation
Table of Contents

Communications and Democracy

Erik Wemple: White House bails on Acosta fight but lays down rules for further credential revocations  |  Washington Post
CNN drops suit against White House after Acosta’s press pass is fully restored  |  Washington Post
  • William McGurn: A CNN suit claiming a constitutional right to a press pass will inevitably backfire  |  Wall Street Journal
Commentary -- White House to Jim Acosta: Here’s some ‘due process’  |  Read below  |  Erik Wemple  |  Washington Post
CNN seeks emergency court hearing after White House promises revocation of Acosta’s credentials again  |  Read below  |  Meagan Flynn  |  Washington Post
Alexandra Petri: New rules for keeping your press credential to the Trump White House  |  Washington Post
Vice President Pence Scores Three Pinocchios for Saying Administration has Defended Press Freedom  |  Washington Post

Government & Communications

Ivanka Trump used a personal email account to send hundreds of emails about government business  |  Read below  |  Carol Leonnig, Josh Dawsey  |  Washington Post, New York Times
Op-ed: How should we address the growing power shift from Washington to Silicon Valley?  |  Washington Post

Broadband/Telecom

Closing digital skills and broadband gaps key to push back against the divergent features of today’s digitally super-charged economy  |  Read below  |  Clara Hendrickson, Mark Muro, William Galston  |  Research  |  Brookings
Chairman Pai isn’t saying whether ISPs deliver the broadband speeds you pay for  |  Read below  |  Jon Brodkin  |  Ars Technica
Why is AT&T ending discounts for low-income customers with landline phones?  |  Read below  |  Bryan McDaniel  |  Op-Ed  |  Chicago Sun Times
How the fight against robocalls has become an escalating "arms race" against scammers  |  CBS News

Ownership/Competition

From Broad Goals to Antitrust Legislative Standards  |  Read below  |  Jonathan Sallet  |  Analysis  |  Benton Foundation
Robert Reich: Break up Facebook (and while we're at it, Google, Apple and Amazon)  |  Guardian, The
It's Official: Once Mighty FAANG Stocks Have All Entered a Bear Market  |  Fortune

Television

Court Clears Way for Byron Allen Bias Suit Against Charter  |  Read below  |  John Eggerton  |  Multichannel News, Washington Post
  • Public Knowledge Praises 9th Circuit Decision Rejecting a First Amendment Right to Discriminate  |  Public Knowledge
Analysis: Cable news networks spend far more time talking about hurricanes than wildfires  |  Washington Post
Outlook for Traditional TV Goes From Bad to Worse  |  Wall Street Journal

Privacy

FTC on the future of privacy  |  Read below  |  Public Notice  |  Federal Trade Commission
FTC approves settlements with 4 companies over allegations they falsely claimed EU-US Privacy Shield certification  |  Federal Trade Commission

Security

Review of Controls for Certain Emerging Technologies  |  Read below  |  Matthew Borman  |  Public Notice  |  Department of Commerce
Op-ed: America’s Water Supply is Increasingly Digitized and a Perfect Target for Cybercriminals  |  New York Times

Platforms

Poll: 55 percent of people believe the federal government will not do enough to regulate big technology firms  |  Axios
Apple CEO Tim Cook calls new regulations "inevitable", says "We have to admit when the free market is not working"  |  Axios
Instagram Is Purging Fake Followers Obtained Through Third-Party Apps  |  Variety
Podcast: Should the First Amendment apply to Facebook? It’s complicated.  |  Vox
Margaret Sullivan: Embattled and in over his head, Mark Zuckerberg should — at least — step down as Facebook chairman  |  Washington Post

Wireless

Finland-based research firm Rewheel finds that US mobile broadband is among the most expensive in the world  |  Fierce
Pace of Bidding Picks Up in FCC's 28 GHz Auction  |  Broadcasting&Cable
Founder’s Big Idea to Revive BuzzFeed’s Fortunes? A Merger With Rivals  |  New York Times
Cities Are Rapidly Taking on Internet of Things Technology  |  Government Technology
Montgomery County Council hangs up cell tower bill  |  Washington Post

Philanthropy

A 21st-Century Renaissance for Ford Foundation Landmark  |  New York Times

Agenda

Adonis Hoffman: Conflict and Compromise Await New Congress in Telecom, Media, Tech  |  Broadcasting&Cable
Democrats plan ‘aggressive’ oversight of Federal Election Commission  |  Center for Public Integrity

Policymakers

Iowa Utilities Board Member Nick Wagner is NARUC's New President  |  National Association of Regulatory Utility Commissioners
NTCA Announces 2019 Board Officers  |  NTCA-The Rural Broadband Association

Stories From Abroad

Disney Wins Chinese Approval for Fox Deal, Clearing Major Hurdle  |  New York Times
Mark Zuckerberg faces more calls to attend misinformation hearing in London  |  Guardian, The
Trump administration officials suggested sharing census responses with law enforcement, court documents show  |  Washington Post
Today's Top Stories

Communications and Democracy

Commentary -- White House to Jim Acosta: Here’s some ‘due process’

Erik Wemple  |  Washington Post

After CNN won a temporary restraining order returning to Jim Acosta his White House press pass, the Trump administration issued a letter informing Acosta of its “preliminary decision” to revoke his hard pass based on his “conduct” at the Nov. 7 news conference. White House Press Secretary Sarah Sanders said, “The White House cannot run an orderly and fair press conference when a reporter acts this way, which is neither appropriate nor professional. The First Amendment is not served when a single reporter, of more than 150 present, attempts to monopolize the floor.” That argument doesn’t age well. Sure, Acosta badgers the president; he grandstands; he insists on airing his followup questions; he develops quick and close relationships with microphones. But if the White House really applied this standard equally, it would be sending “preliminary decision” packets to any number of mouthy correspondents. Furthermore, the White House letter to Acosta acknowledged that prior to this incident, it had no standards of conduct at press events, primarily because it didn’t believe such a document was “necessary.”

CNN seeks emergency court hearing after White House promises revocation of Acosta’s credentials again

Meagan Flynn  |  Washington Post

CNN and the network’s chief White House correspondent Jim Acosta have asked a federal judge for an emergency hearing after the White House sent Acosta a letter saying it planned to suspend Acosta’s press pass again, just hours after the same judge ordered the White House to temporarily restore Acosta’s credentials Nov 16. Unless the judge extends that 14-day order, it will expire at the end of November. In light of the White House’s unexpected action, the network’s lawyer requested an expedited schedule which would allow the judge to enter a more lasting preliminary injunction against the White House. 

Government & Communications

Ivanka Trump used a personal email account to send hundreds of emails about government business

Carol Leonnig, Josh Dawsey  |  Washington Post, New York Times

In 2017, Ivanka Trump sent hundreds of emails to White House aides, Cabinet officials and her assistants using a personal account, many of them in violation of federal records rules. White House ethics officials learned of Trump’s repeated use of personal email when reviewing emails gathered by five Cabinet agencies to respond to a public records lawsuit. That review revealed that throughout much of 2017, she often discussed or relayed official White House business using a private email account with a domain that she shares with her husband, Jared Kushner. The discovery alarmed some advisers to President Trump, who feared that his daughter’s prac­tices bore similarities to the personal email use of Hillary Clinton, an issue he made a focus of his 2016 campaign. Some aides were startled by the volume of Ivanka Trump’s personal emails — and taken aback by her response when questioned about the practice. She said she was not familiar with some details of the rules.

Broadband/Telecom

Closing digital skills and broadband gaps key to push back against the divergent features of today’s digitally super-charged economy

Clara Hendrickson, Mark Muro, William Galston  |  Research  |  Brookings

For much of the 20th century, market forces had reduced job, wage, investment, and business formation disparities between more- and less-developed regions. By closing the divides between regions, the economy ensured a welcome convergence among the nation’s communities. However, in the 1980s, that long-standing trend began to break down as the spread of digital technology increasingly rewarded the most talent-laden clusters of skills and firms. As the economy changed, convergence gave way to divergence, as a fortunate upper tier of big, dense metropolitan areas (the top 2 percent of US communities based on measures of growth and wages) began to consistently grow faster than the median and least-prosperous cities. What might place-sensitive distributed development look like in practice? To give a sense, we suggest five examples of the kinds of strategies that would help—three that focus on ensuring more regions have the assets and capabilities to flourish, and two more that suggest what specific regional development initiatives might look like. Here’s a look:

  • Boost the digital skills of left behind places. The workers, industries, and places that possess strong digital skills have enjoyed distinct economic rewards. To push back against this winner-take-all dynamic of today’s tech economy, every region’s workforce should be prepared to participate in the digital economy.
  • Ensure businesses in lagging regions have access to capital. The pullback in small business lending following the financial crisis has hit less densely populated parts of the country particularly hard. Efforts to improve data on small business performance can help banks lower the transaction costs of extending small loans while innovations in financial technology can help create a secondary market for them and reduce risk. Boosting alternative, non-bank sources of capital, such as venture capital funding, can also help support regional economic growth.
  • Reduce gaps in broadband. Large gaps in broadband service and subscriptions have put businesses and workers in less densely populated areas at a huge disadvantage. Policy proposals should focus on connecting more people and encouraging greater subscription rates in places already endowed with broadband.
  • Identify “growth poles” that can support regional growth. While it may be inefficient to “save” every left-behind small city or rural community in the U.S., targeted federal policy aimed at strengthening 10 or so promising mid-sized centers of advanced industry activity would bring more growth to some communities adjacent to many more lagging towns and rural areas. Federal investment in these “growth poles” will put more communities on a path toward self-sustaining economic growth.
  • Help Americans move to opportunity. The federal government should expand the availability of financial support for individuals who want to make long-distance moves to places promising greater economic opportunity. At the same time, federal policy should encourage states and localities to relax zoning restrictions and construct new housing units to increase the supply of affordable housing. For those who wish to stay in their communities to live but not necessarily to work, state and local governments could provide a subsidy for workers commuting to adjacent communities.

Chairman Pai isn’t saying whether ISPs deliver the broadband speeds you pay for

Jon Brodkin  |  Ars Technica

Nearly two years have passed since the Federal Communications Commission reported on whether broadband customers are getting the Internet speeds they pay for. In 2011, the Obama-era FCC began measuring broadband speeds in nearly 7,000 consumer homes as part of the then-new Measuring Broadband America program. Each year from 2011 to 2016, the FCC released an annual report comparing the actual speeds customers received to the advertised speeds customers were promised by Comcast, Time Warner Cable, Verizon, AT&T, and other large Internet service providers (ISPs). But the FCC hasn't released any new Measuring Broadband America reports since Ajit Pai became Chairman in Jan 2017. Pai's first year as chair was the first time the FCC failed to issue a new Measuring Broadband America report since the program started—though the FCC could release a new report before his second year as chair is complete.

For more than three months, Ars has been trying to find out whether the FCC is still analyzing Measuring Broadband America data and whether the FCC plans to release any more measurement reports. SamKnows, the measurement company used by the FCC for this program, said that Measuring Broadband America is still active and that a new report is forthcoming, hopefully in Dec. But whether the report is released is up to the FCC, and Chairman Pai's public relations office has ignored questions about the program. "I can't think of a single legitimate explanation for why the FCC hasn't released a new Measuring Broadband America report in the nearly two years since Ajit Pai has been the chair," said Benton senior fellow Gigi Sohn.

Why is AT&T ending discounts for low-income customers with landline phones?

Bryan McDaniel  |  Op-Ed  |  Chicago Sun Times

I want to give your readers an update on the latest move by AT&T to push people off the traditional home phone service they have relied upon for decades. This past Sept, we began to field calls from worried landline customers, including seniors on fixed incomes, who were among an estimated 5,300 customers to receive a letter from AT&T with the blunt headline: “Your Lifeline discount ends November 20, 2018.” The letter referred to the federal Lifeline program, which offers a monthly credit of up to $11.75 for qualifying low-income customers.

In 2017, the Illinois General Assembly voted, over opposition by the Citizens Utility Board, to give AT&T the right to end landline phone service in the state. But first, the company needs Federal Communications Commission approval. AT&T has not yet sought that approval and said in 2017 it could be years before landline service ends. “Traditional landline phone service from AT&T is not going away anytime soon,” the phone giant said. “No one will be left behind. We value our customers, and we want to keep them.” So if AT&T is obligated to offer landline service and it truly does value its customers, then why is it kicking customers who need that service most off its network?

The AT&T letter outlines the choices for customers: Stay with AT&T landline service, but without the credit, or seek another carrier that participates in Lifeline. The problem is, most of those carriers are wireless companies. Cellphones are not a perfect substitute for landlines, until 911 systems are fully upgraded across Illinois. Currently, 911 operators can’t always pinpoint the location of an emergency call from a cellphone, as they can a call from a landline. CUB will do everything it can to challenge AT&T whenever it goes before the FCC to end landline service. In the meantime, we call on AT&T to reinstate the Lifeline discount immediately.  Kicking low-income consumers off its network is not a good look for AT&T.

[Bryan McDaniel is director of governmental affairs at Citizens Utility Board]

Ownership/Competition

From Broad Goals to Antitrust Legislative Standards

Jonathan Sallet  |  Analysis  |  Benton Foundation

The purposes of antitrust law can be broad; the mechanism of antitrust is legal. This is the core of Brandeis’s approach—to find enforceable legal standards that identify harmful industrial conduct in a manner that vindicates social and democratic values through the careful delineation of institutional roles. That job was made easier because Louis Brandeis subscribed to the view that these social and democratic values were all threatened by monopoly; thus by focusing on the practicalities of competition, antitrust statutes could advance broader societal interests as well. Louis Brandeis was one of America’s fiercest advocates of stronger antitrust laws and governmental action to constrain market power. The impact of his advocacy between 1911 and 1914 helped propel the enactment in 1914 of both the Federal Trade Commission Act (“FTC Act”) and the Clayton Act, which established federal authority to stop unfair methods of competition and empowered federal antitrust agencies to stop transactions before they were consummated. Both laws were animated by Brandeis’s belief that antitrust should be able to stop harm to competition in its incipiency.

[Jonathan Sallet is a Benton Senior Fellow]

Television

Court Clears Way for Byron Allen Bias Suit Against Charter

John Eggerton  |  Multichannel News, Washington Post

A three-judge panel of the US Court of Appeals for the Ninth Circuit upheld a California District Court ruling that Byron Allen's Entertainment Studios Networks (ESN) was not barred from suing Charter over its allegation the cable operator's decision not to carry his programming was racially motivated. The panel rejected Charter's motion to dismiss the suit and remanded it back to the US District Court for the Central District of California for further proceedings, which likely means a trial on its merits unless the parties settle. The court did not conclude Charter's conduct was racially motivated, only that it plausibly could have been and that the First Amendment did not bar the suit. 

Privacy

FTC on the future of privacy

Public Notice  |  Federal Trade Commission

Staff from the Federal Trade Commission responded to the Department of Commerce, National Telecommunications and Information Administration (NTIA) Request for Comment on “Developing the Administration’s Approach to Consumer Privacy.” The comments outline the agency’s experience protecting consumers’ privacy through enforcement, education, and policy work. The comments also explain the guiding principle of the FTC’s current approach: “balancing the risk of harm with the benefits of innovation and competition.” Next, the comments apply this guiding principle to four areas highlighted by the NTIA’s Request for Comment: security, transparency, control and FTC enforcement. Here are some highlights:

  • Security: The FTC has a strong history of data security enforcement and renews its call for comprehensive data security legislation.
  • Transparency: The FTC encourages a consumer-oriented approach that takes context, form, effectiveness, and consumer demand into account.
  • Control: The FTC continues to encourage “a balanced approach” that considers consumer preferences, the context of the choice (such as the type of data use and any associated risk), and the choice mechanism.
  • FTC Enforcement: Drawing on its history of leadership and expertise on privacy and security issues, the FTC will continue its vigorous enforcement on privacy and security.

Finally, the comments consider potential future directions for privacy policy in the United States. As the staff notes, “the FTC brings an unwavering commitment to protecting consumers’ privacy while promoting competition and innovation.” Specifically, the FTC plans to continue using Section 5 to police deceptive and unfair practices.

Security

Review of Controls for Certain Emerging Technologies

Matthew Borman  |  Public Notice  |  Department of Commerce

The Department of Commerce's Bureau of Industry and Security (BIS) controls the export of dual-use and less sensitive military items through the Export Administration Regulations (EAR), including the Commerce Control List (CCL). As controls on exports of technology are a key component of the effort to protect sensitive US technology, many sensitive technologies are listed on the CCL, often consistent with the lists maintained by the multilateral export control regimes of which the United States is a member. Certain technologies, however, may not yet be listed on the CCL or controlled multilaterally because they are emerging technologies. As such, they have not yet been evaluated for their national security impacts. This advance notice of proposed rulemaking (ANPRM) seeks public comment on criteria for identifying emerging technologies that are essential to US national security, for example because they have potential conventional weapons, intelligence collection, weapons of mass destruction, or terrorist applications or could provide the United States with a qualitative military or intelligence advantage. Comment on this ANPRM will help inform the interagency process to identify and describe such emerging technologies. This interagency process is anticipated to result in proposed rules for new Export Control Classification Numbers (ECCNs) on the CCL.

Submit comments on or before December 19, 2018.

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Benton (www.benton.org) provides the only free, reliable, and non-partisan daily digest that curates and distributes news related to universal broadband, while connecting communications, democracy, and public interest issues. Posted Monday through Friday, this service provides updates on important industry developments, policy issues, and other related news events. While the summaries are factually accurate, their sometimes informal tone may not always represent the tone of the original articles. Headlines are compiled by Kevin Taglang (headlines AT benton DOT org) and Robbie McBeath (rmcbeath AT benton DOT org) — we welcome your comments.


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