Daily Digest 8/29/2024

Benton Institute for Broadband & Society
Table of Contents

Broadband Funding

Biden-Harris Administration Approves Michigan’s “Internet for All” Initial Proposal  |  Read below  |  Press Release  |  National Telecommunications and Information Administration
Statement of Assistant Secretary Davidson on Vecima’s Electronic Equipment for the Internet for All Initiative  |  Read below  |  Press Release  |  National Telecommunications and Information Administration

Digital Divide

The Road to Digital Discrimination Is Paved With Good Intentions: Why Universal Service Depends Upon a Disparate Impact Standard  |  Read below  |  Taylor Skorpen  |  Analysis  |  Public Knowledge

State/Local

Mississippi Approves $21.6 Million for 9 New Broadband Expansion Projects  |  Read below  |  Press Release  |  Mississippi Office of the Governor
Louisiana Broadband Director Details Route to Nation’s First BEAD Awards  |  Read below  |  Joan Engebretson  |  telecompetitor

Wireless/Spectrum

What did 5G get right, what did it get wrong?  |  Read below  |  Sean Kinney  |  Analysis  |  RCR Wireless

Education

As Federal Dollars Vanish, Districts Weigh Which Edtech Tools to Drop  |  Read below  |  Daniel Mollenkamp  |  EdSurge
Why Does One Online Education Supporter Oppose Better Data on Online Education?  |  Read below  |  Amy Laitinen  |  Analysis  |  New America
Generative AI Transformed English Homework. Math is Next.  |  Wired

Cybersecurity

Chinese government hackers penetrate U.S. internet providers to spy  |  Read below  |  Joseph Menn  |  Washington Post
Memorandum of Understanding Between the FCC and Privacy Commissioner of Canada  |  Read below  |  Public Notice  |  Federal Communications Commission

Platforms/Social Media

Appeals Court Raises Questions Over Section 230 Law Giving Social-Media Companies Legal Immunity  |  Read below  |  Alyssa Lukpat  |  Wall Street Journal
The controversial California AI bill that has divided the tech world  |  Read below  |  Ina Fried, Ashley Gold  |  Axios
Can Tech Executives Be Held Responsible for What Happens on Their Platforms?  |  Read below  |  Adam Satariano, Cecilia Kang  |  New York Times
Beyond Remedies: Why the U.S. v. Google Decision Underscores the Need for a Digital Regulator  |  Read below  |  Elise Phillips  |  Public Knowledge
Yelp Sues Google, Alleging Abuse of Position to Dominate Local Search  |  Wall Street Journal

TV

ESPN’s Where to Watch tries to solve sports’ most frustrating problem  |  Ars Technica

Lobbying

Zuckerberg’s new Washington game  |  Read below  |  Brendan Bordelon  |  Politico

Stories From Abroad

Telegram CEO Durov indicted in France, banned from leaving country  |  Washington Post
Pakistani businesses warn of internet disruptions amid fears of ‘firewall’ censorship  |  Financial Times
Bridging the AI Governance Divide  |  T20 Brazil
‘Being on camera is no longer sensible’: persecuted Venezuelan journalists turn to AI  |  Guardian, The
Today's Top Stories

Biden-Harris Administration Approves Michigan’s “Internet for All” Initial Proposal

The Department of Commerce’s National Telecommunications and Information Administration (NTIA) has approved Michigan’s Initial Proposals for the Broadband Equity, Access, and Deployment (BEAD) program, a cornerstone of the Biden-Harris Administration’s “Internet for All” initiative. This approval enables Michigan to request access to funding and begin implementation of the BEAD program. Michigan was allocated over $1.5 billion to deploy or upgrade high-speed Internet networks to ensure that everyone has access to reliable, affordable, high-speed Internet service.  

Statement of Assistant Secretary Davidson on Vecima’s Electronic Equipment for the Internet for All Initiative

Vecima announced that their its American-made broadband electronics for use in anticipated Broadband Equity, Access, and Deployment (BEAD) program networks are now available. Assistant Secretary of Commerce for Communications and Information and NTIA Administrator Alan Davidson said, "The Biden-Harris Administration is determined to create good jobs in the U.S.—and keep them here. In support of our major infrastructure investments, companies like Vecima and MARA Technologies have answered the call to build the network equipment needed to connect everyone in America to affordable, reliable high-speed Internet service. The Biden-Harris Administration is committed to delivering Internet for All with materials, like the network electronics rolling off the line today, manufactured by workers in America.”

The Road to Digital Discrimination Is Paved With Good Intentions: Why Universal Service Depends Upon a Disparate Impact Standard

Taylor Skorpen  |  Analysis  |  Public Knowledge

Rural areas, low-income communities and individuals, and racial and ethnic minorities still often have less access to quality, affordable broadband. In other words, digital discrimination continues to persist. As a response to the pervasive impact of such intentional and unintentional discriminatory practices and outcomes, Congress passed the Infrastructure Investment and Jobs Act of 2021 (IIJA) and directed the Federal Communications Commission to adopt rules “preventing digital discrimination of access based on income level, race, ethnicity, color, religion, or national origin.” Importantly, the FCC adopted a disparate impact, as well as a disparate treatment, standard. While intentionally discriminatory conduct would of course violate the FCC’s rules, those alleging digital discrimination do not need to document discriminatory intent. Broadband providers filed suit against the FCC, arguing that the Commission’s rules exceed its authority. The providers argue that Congress intended to limit digital discrimination to cases where intentional discrimination can be proved. This reading is grossly misguided for two main reasons. First, this reading is at odds with longstanding universal service policies. Second, this reading of the IIJA would limit any meaningful progress in combating digital discrimination.

Mississippi Approves $21.6 Million for 9 New Broadband Expansion Projects

Press Release  |  Mississippi Office of the Governor

Governor Tate Reeves announced that the Office of Broadband Expansion and Accessibility of Mississippi (BEAM) recently approved nine broadband expansion projects to be funded by the Capital Projects Fund (CPF). These nine projects will provide $21.6 million of grant funding to expand internet service to approximately 12,300 households in communities across the state. Approved projects by provider are as follows:

  • ACE Fiber – Blue Springs/SE Union County
  • ACE Fiber – Blue Mountain to New Albany
  • ACE Fiber – Potts Camp to Myrtle
  • AT&T – Leake County: Sebastapol/Conway/Bertice areas
  • AT&T – Marshall County: Mahon/Waites/Laws Hill areas
  • CSpire – Southwest MS: Columbia/Summit/Osyka/Liberty/Gloster
  • CSpire – Central MS: Puckett/Magee/Mendenhall/Madison
  • Comcast – Statewide Line Extension: Jackson area/Laurel/Hattiesburg areas
  • TVEPA – NE Yalobusha County/Water Valley

This announcement is in addition to $70.1 million awarded for 24 other CPF projects approved in June of this year to serve approximately 27,000 households. In total, Mississippi was allocated $162 million through CPF.

Louisiana Broadband Director Details Route to Nation’s First BEAD Awards

Joan Engebretson  |  telecompetitor

The state of Louisiana anticipates being the first to award funding in the $42.5 billion Broadband Equity, Access, and Deployment rural broadband funding program. The state has a timeline to award its entire $1.3 billion BEAD allocation by a target date of November 1. The state began accepting BEAD applications August 19 and providers have only until August 29 to apply for funding in the first round. Project areas are based on hexagons, known as sub-project areas (SPAs), and a single bid can include multiple hexagons. Iyengar expects the broadband office to be “in good shape by the end of September to understand the results” so that the office can hit the November 1 target for announcing awards from both rounds. By using alternative technologies for the highest cost locations, the state hopes to have some funds left over to use for non-deployment initiatives. 

What did 5G get right, what did it get wrong?

Sean Kinney  |  Analysis  |  RCR Wireless

At roughly the mid-point of the 5G cycle (assuming 10-year generational upgrade cycles), there’s seemingly widespread criticism that it hasn’t delivered on the promises it made. That’s largely related to the massive capital spend operators undertook to acquire new spectrum and put it into service, but without attendant major new lines of revenue based off of services only 5G could deliver. The fact of the matter is, though, that 5G is a technology that lacks the agency to do, or not do, anything. At a technical level, the current generation of cellular embodies very material system-level performance and efficiency gains, and delivers new and otherwise enhanced network-enabled features. The problem is more around that operators’ business models didn’t evolve in tandem with the technology—they’re still largely selling connectivity as a commodity rather than selling industry-specific business outcomes that leverage 5G capabilities. 

As Federal Dollars Vanish, Districts Weigh Which Edtech Tools to Drop

Daniel Mollenkamp  |  EdSurge

The pandemic’s forced switch to remote instruction unlocked federal funding for K-12 schools, as the government made a temporary $190 billion jab available in the hopes that it would inoculate against the effects of COVID-19 on teaching and learning. Districts expended much of the Elementary and Secondary School Emergency Relief Fund (ESSER) money on hiring staff, paying for tutoring and improving facilities, but they also found the money useful for purchasing edtech, with one federal report estimating that 92 percent of local schools used ESSER funds to buy hardware like Chromebooks, software and internet connectivity tools like mobile hot spots to continue instruction during the pandemic. Many schools have had a rocky return to in-person teaching and learning over the past many months, marked by strained budgets, understaffing and chronically absent students. Now, they’re facing a stark deadline for making use of their bonus resources. At the end of September, federal relief dollars for K-12 schools are scheduled to sunset, though the U.S. Education Department is greenlighting extension requests. That means that while the edtech industry took off during the pandemic, it’s now coming down. With the emergency funding close to its end, school tech purchases are returning to historically normal levels.

Why Does One Online Education Supporter Oppose Better Data on Online Education?

Amy Laitinen  |  Analysis  |  New America

In July, the U.S. Department of Education proposed regulations that would require colleges to provide more detailed data on students in online education programs. Given the rise of online education, including hybrid learning, it’s critical to understand how students' modes of attending college impact their success. The department’s proposed rule would require institutions to report student-level data on the modality of instruction for students receiving federal financial aid. The second proposal would create a “virtual location” for a college for federal reporting purposes, differentiating program-level data for students in fully online programs from those in in-person or hybrid programs. It’s hard to imagine someone arguing against better data for students, taxpayers, and policymakers, but one prominent advocate for online learning has just done that. WCET, the WICHE Cooperative for Educational Technologies opposes both of these proposals. WCET’s most mind-boggling complaint is that the Education Department would use the data elsewhere, such as for program oversight audits or to include in College Scorecard program-level data. WCET said in a public statement it “can see where collecting some of this information might make sense, but others make us worry about the possibility of seeking reasons to defund distance education programs.”

Chinese government hackers penetrate U.S. internet providers to spy

Joseph Menn  |  Washington Post

Chinese government-backed hackers have penetrated deep into U.S. internet service providers in recent months to spy on their users. The unusually aggressive and sophisticated attacks include access to at least two major U.S. providers with millions of customers as well as to several smaller providers. The hacks raise concern because their targets are believed to include government and military personnel working undercover and groups of strategic interest to China. Though there is no evidence that the new inroads are aimed at anything other than gathering intelligence, some of the techniques and resources employed are associated with those used in the past year by a China-backed group known as Volt Typhoon. U.S. intelligence officials said that group sought access to equipment at Pacific ports and other infrastructure to enable China to sow panic and disrupt America’s ability to move troops, weaponry and supplies to Taiwan if armed conflict breaks out.

Appeals Court Raises Questions Over Section 230 Law Giving Social-Media Companies Legal Immunity

Alyssa Lukpat  |  Wall Street Journal

The Philadelphia-based Third U.S. Circuit Court of Appeals ruled that a mother’s lawsuit could proceed against TikTok over the “blackout challenge,” raising questions about Section 230 of the Communications Decency Act of 1996, a federal law that offers broad protections to tech companies that host user-generated content. The appeals court said TikTok could potentially be responsible because it exercised editorial judgment, and wasn’t merely acting as a content host, when its algorithm recommended blackout-challenge content on the girl’s “For You Page.” Social-media companies are legally protected from lawsuits over content. The Communications Decency Act was originally created to protect children from accessing sexually explicit content online. Section 230 was intended to be a “Good Samaritan” provision encouraging internet companies to proactively curate online activity and give them immunity from lawsuits if they chose to block content. The law has stood despite challenges to it. The Supreme Court essentially upheld Section 230 when it ruled last month that social-media companies were allowed to moderate content under the First Amendment. Changes to Section 230 could limit protections social-media platforms currently have.

The controversial California AI bill that has divided the tech world

Ina Fried, Ashley Gold  |  Axios

A California effort to regulate artificial intelligence has divided the tech world, with some trying to squelch what they see as overreach by a single state and others supporting the bill. California's SB 1047 would require AI developers to comply with certain rules before developing their models. It passed the state Senate 32-1, with the Assembly facing an Aug. 31 deadline to approve the measure in time for it to head to Gov. Gavin Newsom. Anthropic has offered cautious support for the bill, following certain changes, while OpenAI opposes it, saying it could "stifle innovation." Elon Musk said Monday that California "should probably pass the SB 1047 AI safety bill," arguing that AI's risk to the public justifies regulation. Critics like OpenAI say that the federal government, not individual states, is best suited to regulate AI, while backers of the proposal note that Congress has thus far failed to act.

Can Tech Executives Be Held Responsible for What Happens on Their Platforms?

Adam Satariano, Cecilia Kang  |  New York Times

For years, internet company executives rarely faced personal liability in Western democracies for what took place on their platforms. But as law enforcement agencies, regulators and policymakers ramp up scrutiny of online platforms and exchanges, they are increasingly considering when to hold company leaders directly responsible. That shift was punctuated by recent charges against Telegram founder Pavel Durov. For now, tech executives have little to fear, with cases like Mr. Durov’s likely to be outliers, experts said. Historically, companies have been held responsible for a platform’s transgressions, rather than individuals. And legally, the bar is high in the United States and Europe to prosecute individuals for activities at their companies. But the threshold for holding executives liable for what takes place on their sites is lowering in specific areas, particularly child safety, said TJ McIntyre⁩, an associate professor at University College Dublin’s School of Law.

Beyond Remedies: Why the U.S. v. Google Decision Underscores the Need for a Digital Regulator

Elise Phillips  |  Public Knowledge

The D.C. District court announced its decision in U.S. v. Google, and Judge Mehta rightfully agreed with the Department of Justice that Google violated Section 2 of the Sherman Act through its actions in the search and search text advertising markets. While we can speculate what the remedies (and industry impact) might be, I’d like to take this opportunity to think beyond remedies and talk about how the United States can confront the harms of digital platform consolidation more proactively. The remedies in this case would benefit from expert analysis of digital platforms and their practices, informed by research on the complexities of building competitive technology markets. A sector-specific agency can provide such guidance by offering expertise on matters like interoperability or data portability; in other words, a digital regulator can execute means for healthy competition. This is not to suggest that a digital regulator is necessary for a structural separation remedy—structural separation can, and should, be considered by Judge Mehta as a remedy in this case. Simply put, we need both.

Zuckerberg’s new Washington game

Brendan Bordelon  |  Politico

On the surface, the apologetic letter Meta CEO Mark Zuckerberg sent to congressional Republicans on Monday looks like a capitulation in the long-simmering political wars over social media. But tech observers on both sides of the aisle say that in the wake of this summer’s Supreme Court decisions on speech and social platforms, it also represents a shrewd political calculation—a surprise move by a CEO who wants to spend the next four years out of the political winds. Nu Wexler, a former Democratic congressional staffer and ex-spokesperson for several top tech firms in Washington, including Meta, sees Zuckerberg’s letter as an attempt to tamp down longstanding Republican ire over Meta’s perceived anti-conservative bias ahead of November—which could see Trump return to office and exact revenge on tech platforms that purportedly wronged him. "Like most other large companies before a toss-up election, Meta is probably hedging its bets here,” he said.

Memorandum of Understanding Between the FCC and Privacy Commissioner of Canada

Public Notice  |  Federal Communications Commission

Federal Communications Commission Chairwoman Jessica Rosenworcel signed a Memorandum of Understanding with Privacy Commissioner of Canada Philippe Dufresne to strengthen information sharing and enforcement cooperation between the two regulators. The agreement establishes the parameters for the two regulators to exchange information in order to enforce compliance with laws in both countries and to share knowledge and expertise on regulatory policies and technical efforts related to applicable laws. The Federal Communications Commission  is responsible for implementing and enforcing America’s communications law and regulations. The Privacy Commissioner of Canada oversees compliance with Canada’s two federal privacy laws that set out the rules for how federal government institutions and certain businesses must handle personal information. 

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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), Grace Tepper (grace AT benton DOT org), and Zoe Walker (zwalker AT benton DOT org) — we welcome your comments.


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Kevin Taglang

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