Free Press

Newly minted Federal Communications Commission Chairman Ajit Pai took a page out of President Trump’s playbook and issued his own version of executive orders to undercut affordable broadband, greenlight more media consolidation and endanger key protections for internet users. Chairman Pai bypassed the democratic process, using “delegated authority” to deprive the full Commission of a vote (something he’s repeatedly railed against other chairs for doing), and shoving all these orders out the door on a Friday afternoon. Unfortunately for Chairman Pai, we’re committed to holding him accountable every day of the week. Here are the actions Trump’s new chairman tried to sneak under the radar:
1. Closed the FCC’s inquiry into zero-rating programs.
2. Stopped nine companies from providing discounted broadband to low-income families.
3. Killed the FCC’s guidance to broadcasters regarding shared service agreements and consolidation.
4. Killed a fledgling FCC inquiry regarding flexible spectrum use.
5. Rescinded a report on improving the nation’s digital infrastructure.
6. Rescinded a progress report on E-rate program modernization.
7. Set aside two orders for violations of political-file rules.
8. Set aside a white paper from the FCC’s Homeland Security Bureau addressing cybersecurity risk reduction.
9. Withdrew requirement that noncommercial stations file ownership-diversity data.

Last August Free Press wrote about a new rule that allows Customs and Border Patrol (CBP) greater leeway to check the social media accounts of certain visitors as they enter the United States. The rule added a section on social media information to the Electronic System for Travel Authorization (ESTA) for visitors traveling from countries that don’t necessarily require a visa to visit the United States. In the wake of President Trump’s ban, new Homeland Security Secretary Gen Kelly stated that “extreme vetting” of immigrants and visitors may now include an examination of their phone contacts, web histories and social media profiles before they’re allowed to enter the United States.

At Free Press we’re aware that aggressive policing and surveillance tools like stingrays, dragnet phone-records collection, and facial recognition are first deployed against marginalized or immigrant communities prior to their inevitable use on the American public at large. It’s a huge problem for people of color in particular, and for civil liberties across the board, when so-called “targeted” surveillance is nothing but an unlawful fishing expedition to collect data on millions of people’s movements, associates, political views and religious beliefs.

On Inauguration Day, police arrested six journalists who were covering protests in Washington (DC). The reporters were hauled before Superior Court judges and each charged with felony counts of “inciting to riot” and cause bodily harm, a crime punishable up to a maximum of 10 years in jail and fines of up to $25,000. By pressing charges against some reporters while releasing others, authorities have made a value judgment about what sort of journalism gets protected and what leads to severe legal penalties. It appears police have a bias against smaller independent reporters and freelancers, who may lack the backing and legal support of larger media outlets.

Government should not be in the position of deciding who is and who isn’t a journalist. Authorities can’t determine who’s allowed to engage in acts of journalism and who doesn’t have the right. But the First Amendment isn’t enough. People need to stand up for these reporters — especially now that they are under attack on so many fronts — and show their outrage by speaking out in support of journalists’ rights whenever these arrests occur.

Free Press delivered a letter to the Federal Communications Commission urging the agency’s new leadership to take serious strides toward closing the digital divide by making broadband more affordable. New FCC Chairman Ajit Pai recently claimed that closing the divide was going to be “one of his core priorities” during his tenure.

The Free Press letter commends Chairman Pai for this new focus, but strikes a note of caution given his prior track record as a commissioner. “No matter how laudable the new chairman’s sentiment may be, his proposals to close that divide could be ineffective — and even harmful,” Free Press warns. “The Commission must not subsidize build-out that is already occurring in the market, and yet not even address the primary structural barrier keeping tens of millions of people offline: affordability of the services already available to them.” ”Our research contains many similar findings that all point to the same conclusion: the root cause of the adoption gap is the lack of affordability, and that is an outcome created primarily by a market structure that produces too few affordable choices and suboptimal competition. The adoption gap is an affordability gap,” the Free Press letter reads. Pai’s preliminary plan focuses on giving significant tax breaks to the handful of ISPs that control the broadband-access marketplace. Pai proposes using taxpayer dollars to fund the construction of gigabit networks in below-average-income neighborhoods, despite the fact that most of these deployment projects are already underway. His plan does nothing to make these services affordable.

Over the weekend, News Voices: New Jersey partnered with WNYC in Newark to bring together local leaders, lawmakers, artists and residents to engage in important discussions about race, the media and politics in the Trump era. More than 150 people came together at the Newark Public Library to have a critical conversation about the ways these issues play out in the city. The discussion took place as thousands were taking action at airports across the country in defense of the rights of refugees and Muslims.

My colleague Mike Rispoli and I started planning this event with WNYC’s Rebecca Carroll last August. But the conversation about race in America has taken on new meaning and urgency over the last 11 days. We were all there to all listen, share and reflect on what we could do to better understand the impact of systemic and structural racism in America. The program included three one-on-one conversations covering the American dream, tokenism, black feminism and the women’s marches.

Ajit Pai has been on the wrong side of just about every major issue that has come before the Federal Communications Commission during his tenure. He’s never met a mega-merger he didn’t like or a public safeguard he didn’t try to undermine. He’s been an inveterate opponent of Net Neutrality, expanded broadband access for low-income families, broadband privacy, prison-phone justice, media diversity and more. Pai has been an effective obstructionist who looks out for the corporate interests he used to represent in the private sector. If the new president really wanted an FCC chairman who’d stand up against the runaway media consolidation that Trump himself decried in the AT&T/Time Warner deal, Pai would have been his last choice — though corporate lobbyists across the capital are probably thrilled. Millions of Americans from across the political spectrum have looked to the FCC to protect their rights to connect and communicate and cheered decisions like the historic Net Neutrality ruling, and Pai threatens to undo all of that important work. Those millions will rise up again to oppose his reactionary agenda.

Five years ago today, millions of people came together to shock Washington into action on behalf of the public. Jan 18, 2012 was a day of mass protests against legislation that would have undermined the free and open exchange of information online. The lobbyist-fueled SOPA and PIPA bills were designed to shut down massive tracts of internet content without due process or accountability. The Washington consensus was that this legislation’s passage was a foregone conclusion.

But on Jan 18, we stopped the inevitable. Fifty thousand websites — including Google, Wikipedia and Reddit — symbolically “blacked out” their webpages to protest the legislation. Nearly 10 million people took action online or by phone, urging Congress to ditch the bill. By the end of the day, dozens of senators had come forward to oppose PIPA. The House version, SOPA, had already been put on hold after then-Speaker Nancy Pelosi bent to public pressure and tweeted that they “need[ed] to find a better solution.” A Senate staffer at the time said that “phones were melting” across Capitol Hill. However important the SOPA/PIPA victory was in 2012, its lasting significance depends on how well the internet-freedom coalition holds together in the fights that lie ahead. Whatever form these new threats take, millions of people must remain united and ready to act.

[Commentary] Anyone who’s followed Techdirt’s reporting and analysis over the years knows how vital this news outlet has been when it comes to clearing the fog that often clouds policy debates about Net Neutrality, broadband access, spectrum allocation, copyright reform and media ownership.

Founder Mike Masnick’s incisive reporting and piercing commentary during the fight against the SOPA and PIPA legislation — which would have allowed the film and recording industries to black out huge tracts of internet content without due process — undercut Hollywood’s bogus claims in support of these bad bills. In his frequent coverage of Net Neutrality and other tech policy issues, Karl Bode skewers the sophistry of lobbyists, PR consultants and think tankers on the payroll of the big phone and cable companies. It's not enough for these and other Techdirt writers to be on the right side of an issue. They bring a healthy skepticism to all arguments, even calling out Free Press on occasion. Techdirt is a trusted source that keeps us all honest. Yet for doing so Techdirt has earned itself a few enemies. The publication is now in the battle of its life against Shiva Ayyadurai, a sometime technologist who claims he invented email. Techdirt’s alleged infraction in this $15 million lawsuit is publishing a series of stories that cite credible sources disputing Ayyadurai’s claims.

Bad news: Rep Marsha Blackburn (R–TN) is the new chair of the House Communications Subcommittee. That’s the body charged with overseeing the Federal Communications Commission and the Federal Trade Commission, and it’s supposed to ensure that everyone has access to open and affordable communications tools — no matter who they are or where they live. Here are a few of Rep Blackburn’s greatest hits:
1. She’s leading the fight to kill Net Neutrality.
2. She was one of SOPA’s most vocal supporters (and maybe still is).
3. She wants Comcast to censor your news.
4. She wants to take Lifeline phone and internet service away from people who can’t otherwise get affordable connections.
5. She wants to kill community broadband networks.
6. She wants to stop the FCC from protecting your privacy online.

The House Commerce Committee selected Rep Marsha Blackburn (R–TN) to chair the Subcommittee on Communications and Technology. Rep Blackburn, who will take over the subcommittee from incoming full Committee Chairman Rep Greg Walden (R–OR), has long sided with the phone, cable and entertainment industries against ordinary Americans:

In 2011, she supported the ill-fated SOPA bill, which would have allowed the film and recording industries to black out large tracts of internet content without due process.
In 2013, she co-authored a letter to the FCC opposing the agency’s Lifeline Program, which helps low-income households gain access to high-speed internet services. She continued her opposition to the program throughout 2016, criticizing the FCC decision to help subsidize broadband in addition to traditional phone service.
In 2014, she introduced an amendment to appropriations legislation that would have blocked federal efforts to protect world-class municipal-broadband initiatives local residents and governments have launched in towns and communities across the country, including in her home state of Tennessee.
She has repeatedly opposed Net Neutrality protections and in 2015 introduced the “Internet Freedom Act,” which would have stripped the FCC of its clear authority to prohibit online discrimination and protect the open internet.
In 2015, she joined with other House Republicans against the FCC proposal to protect broadband users’ privacy by requiring internet service providers to seek consumers’ permission before exploiting their online data for their own monetary gain.