Agenda

After years of largely avoiding regulation, businesses like Facebook, Google and Amazon are a focus of lawmakers, some of whom are criticizing the expanding power of big tech companies and their role in the 2016 election.

The attacks cover a smattering of issues as diverse as antitrust, privacy and public disclosure. They also come from both sides, from people like Stephen Bannon, President Trump’s former chief strategist, as well as Sen Elizabeth Warren (D-MA). Many of the issues, like revising antitrust laws, have a slim chance of producing new laws soon. But they have become popular talking points nonetheless, amplified by a series of missteps and disclosures by the companies. The companies, recognizing the new environment in Washington, have started to fortify their lobbying forces and recalibrate their positions.

A group of House and Senate Democrats are calling on the US government to issue new “guidance” to stop foreign advertisers from spending money on Facebook, Google and other web platforms in a bid to influence American elections.

Federal law already bars that sort of political spending, but lawmakers — including Rep. John Sarbanes (D-MD) and Sen. Elizabeth Warren (D-MA) — stress in a letter to the Federal Elections Commission that countries like Russia “have routinely deployed sophisticated tactics in making political expenditures to evade detection.” To that end, the Democrats are asking the FEC — which oversees campaign finance —to offer suggestions for how to crack down on “loopholes” that allow foreign entities to use “corporate or nonprofit designations to evade disclosure.” And they want to help tech companies harden their own platforms to prevent that spending in the first place.

For now, though, the Democrats are asking the watchdog agency to issue a timeline for action and respond to their questions no later than Oct. 4.

“The Open Internet exists today, and it is under attack.” That was the dire message Tom Wheeler, former Chairman of the Federal Communications Commission, had for the audience of the Benton Foundation hosted event at 1871 on September 18. What is the Open Internet? Take, for example, the Facebook Live video of his entire speech. As Wheeler put it, no one had to ask permission from a major internet provider to broadcast it to the world. But the FCC under the current administration has done an about-face in policy, signaling they may be looking to reverse protections for consumers and make it much easier for large broadband providers to restrict access to certain content, throttle up and download speeds and perhaps prevent innovators and entrepreneurs from freely distributing their services.

Media consolidation and deregulation critics are trying to prevent Federal Communications Commission Chairman Ajit Pai from being confirmed for a new term, tying it to what they say are continuing questions about the FCC's handling of the Sinclair/Tribune merger, plus their concerns about the merger itself. Pai's term expired in June, but he can continue to serve until the end of 2018 even if he does not get confirmed for re-nomination. Allied Progress, IBEW Broadcasting, Latino Victory Project, and CREDO Action say Republicans are trying to "rush" reconfirmation through in the next few weeks.

President Donald Trump has previously threatened to break up Comcast while repeatedly taken aim at one of its rivals, AT&T, as the wireless giant inches closer to purchasing Time Warner. But Comcast’s leading voice in Washington, DC — David Cohen — said that the regulatory climate for big mergers remains as friendly as ever in the nation’s capital, no matter what President Trump himself has said.

“Overall, this president and this administration is likely less hostile to horizontal growth or even vertical growth in the telecom space and elsewhere,” said Cohen. By horizontal, Cohen meant mergers that open companies to new lines of business; with respect to vertical, he was referring to deals that combine two companies that directly compete against each other. “I don’t think that’s a license for ‘anything goes,’” Cohen continued. But, he added there’s “pretty clearly going to be less hostility and a greater willingness to allow the market to work.”

We’re here to celebrate former Federal Communications Commission Chairman Tom Wheeler’s public service, and discuss protecting the Open Internet, the most critical communications issue of our time. We’re here today to recognize Tom’s many efforts on behalf of the American people: to uphold the public interest; use the power of communications to strengthen communities; and to modernize and reform programs that bring open, affordable, high-capacity broadband to all Americans. Tom, your work as Chairman of the Federal Communications Commission created opportunities for all Americans to connect to jobs, education, healthcare, and family. And in the years to come, you and your team’s many accomplishments will not be measured by the initiatives you proposed, the dockets you opened, or the votes you won. The day-to-day impacts of your work will be seen in the community that was once left behind, that is now able to get ahead with new broadband options; in the child who can now reach a hand across a keyboard to access a whole new universe of knowledge thanks to gigabit connections to the school and Wi-Fi in the classroom; in the young mother who can now coordinate work and her child’s medical care thanks to her Lifeline connection; and in the small business owner who can now compete on a level playing field with its bigger business competitors thanks to a free and open Internet. In your first major address as Chairman, you stressed that the FCC is the public’s representative in the ongoing network revolution, and you promised to use the Commission’s full authority to protect competition, accessibility, interconnection, public safety, and security. Thank you for delivering on that promise. You are truly .

Network neutrality advocates are planning two days of protest in Washington DC in Sept as they fight off plans to defang regulations meant to protect an open internet. A coalition of activists, consumer groups and writers are calling on supporters to attend the next meeting of the Federal Communications Commission on Sept 26 in DC. The next day, the protest will move to Capitol Hill, where people will meet legislators to express their concerns about an FCC proposal to rewrite the rules governing the internet. Participating organizations in the protest include Fight for the Future, Public Knowledge, Electronic Frontier Foundation, Center for Media Justice, Common Cause, Consumers Union, Free Press and the Writers Guild of America West.

Passed 27 years ago, the Americans with Disabilities Act mandates equal rights and opportunities for people with disabilities. Title III of the ADA specifically mandates that all public and private institutions and spaces render themselves accessible to those with sensory, cognitive, and physical limitations–think of Braille on store signs, sound-enabled walk signals, on-ramps carved into sidewalks. But over the past year and a half, a string of lawsuits filed on behalf of people with disabilities against companies indicates that one crucial space has been bypassed in effectively interpreting the purpose of the ADA: the internet.

It makes sense that the ADA’s mandates around internet accessibility would be fuzzy. In 1990, when the law was passed, the web was a fringe pastime. Why concern yourself with e-commerce accessibility when Americans were still doing their shopping in brick-and-mortar stores? Now, however, 79% of people in the U.S. shop online; in that and so many other ways, including access to financial services, the internet has effectively transitioned from a privilege to a necessity. And Mark Lacek, a marketing CEO who was tipped off to the string of web-accessibility related lawsuits by his business attorney, saw an opportunity to help companies build ADA compliance into their online operations.

The Federal Communications Commission announced that Chairman Ajit Pai and Commissioner Mignon Clyburn will be in Florida on September 18. They will jointly inspect the damage caused by Hurricane Irma, meet with those engaged in recovery operations, and receive updates about the ongoing efforts to restore communications services.

Federal Communications Commission Chairman Ajit Pai has put the 20th Wireless Competition Report on the agenda for the FCC’s September Open Meeting. Technically, the Wireless Competition Report is a non-rulemaking agency report to Congress, similar to the many reports the FCC does on everything from the prices paid for cable services to the state of the Satellite industry. But the Wireless Competition Report has become something of a big deal in recent years, owing to the refusal of the FCC since 2010 to find whether or not there is “effective competition” in the wireless industry.

Chairman Pai is now putting it back at the Commission level and the Report is once again finding that we have “effective competition” — whatever that means. So it seems like a good time to run through the Wireless Competition Report, what it is, what it means, what it doesn’t mean, and how it gets used and/or abused. And, of course, how it relates to network neutrality, since everything in the world relates to net neutrality these days.