Digital Content

[Commentary] As wireless broadband carriers transition what was once referred to as “dumb pipes” to a richer content delivery system, the subject of net neutrality is becoming about as hot as the surface of the sun.

OTT or Over-the-Top content delivery will only continue to skyrocket through the carriers. Subscribers want their television, movies and music all on-the-go, and the continued marketing of unlimited data plans will continue that momentum. Instead of making thinly-veiled excuses or outright violation of net neutrality rules, the carriers will need to ensure network optimization for video consumption. 5G will help with lower latency and dramatically improved throughput but we are still 18 to 24 months away from a ubiquitous deployment. If the tier one global carriers don’t address it now, they will certainly suffer from subscriber loss, lower revenue and dwindling margins.

[Will Townsend is a Moor Insights & Strategy senior analyst covering wireless telecommunications and enterprise networking]

Discovery Communications has agreed to acquire Scripps Networks Interactive for $11.9 billion, combining two powerhouses of nonfiction television programming at a time of major upheaval in the cable-TV business. The tie-up is a bet that bigger is better as the television industry is upended by cord-cutting and the rise of “skinny” online TV bundles from the likes of Hulu, YouTube, Sling TV and others. The thinking is that a broader portfolio of channels that specialize in nonfiction and lifestyle programming like travel, food and nature could appeal to younger viewers and give the combined company a leg up in negotiations with advertisers and programming distributors.

The deal will create a must-buy network group for advertisers interested in targeting women and help the network command more premium ad rates. Of the top 20 US cable networks, the merged company will control four of the top five with the highest percentage of female viewers—TLC, HGTV, Investigation Discovery and Food Network. Discovery said it would be able to expand Scripps’s channels into more overseas markets, which could help generate significant additional revenue. The combined company is also touting its short-form video production, which will help it gain more viewers and ad dollars on social-media platforms. The deal could put pressure on other media companies, from AMC Networks to Viacom Inc., that must defend their turf on the cable dial.

[Commentary] Legislation or regulations requiring companies to remove content pose a range of risks, including potentially legitimizing repressive measures from authoritarian regimes. Hate speech, political propaganda, and extremist content are subjective, and interpretations vary widely among different governments. Relying on governments to create and enforce regulations online affords them the opportunity to define these terms as they see fit. Placing the power in the hands of governments also increases the likelihood that authoritarian regimes that lack Germany's liberal democratic tradition will criminalize online content critical of those governments and, ultimately, create another mechanism for oppressing their own citizens.

Instead of government intervention, civil society should recognize and build upon the efforts of platforms that address these issues, while also pressing companies to step up to do even more.

[Tara Wadhwa is the associate director of the NYU Stern Center for Business and Human Rights. Gabriel Ng is a fellow at the Center]

Software made by foreign companies to help Chinese users skirt the country’s system of internet filters has vanished from Apple’s app store on the mainland. One company, ExpressVPN, posted a letter it received from Apple saying that its app had been taken down “because it includes content that is illegal in China.” Another posted a message on its official account that its app had been removed. A search showed that some of the most popular foreign virtual-private networks, also known as VPNs, which give users access to the unfiltered internet in China, were no longer accessible on Apple’s app store there. ExpressVPN wrote that the removal was “surprising and unfortunate.” It added, “We’re disappointed in this development, as it represents the most drastic measure the Chinese government has taken to block the use of VPNs to date, and we are troubled to see Apple aiding China’s censorship efforts.”

A federal judge in Virginia said that a local politician had violated the First Amendment rights of a constituent because the politician briefly banned the constituent from the politician's personal Facebook account. "The suppression of critical commentary regarding elected officials is the quintessential form of viewpoint discrimination against which the First Amendment guards," US District Judge James Cacheris wrote in a suit brought by a constituent against Phyllis Randall, the chairwoman of the Loudoun County Board of Supervisors in Virginia.

The judge didn't issue any punishment against Randall, as the Facebook ban for constituent Brian Davison only lasted about 12 hours. That said, the judge noted Randall committed "a cardinal sin under the First Amendment" by barring the constituent who posted about county corruption. What's more, the judge pointed out from the first sentence of the ruling that "this case raises important questions about the constitutional limitations applicable to social media accounts maintained by elected officials."

The network neutrality debate is often framed as a fight by everyday citizens to prevent broadband providers like AT&T and Comcast from using their servers to throttle or slow the internet traffic of business rivals. But internet service providers’ opponents in the long-running Washington fight — major content “edge” providers like Amazon, Facebook, Google and Netflix — don’t exactly have clean hands in the fight, according to analysts who say those firms have a way of favoring their content, in the form of content delivery networks.

CDNs are clusters of servers that cache data from content providers to reduce the delay before a transfer of data begins — a way for the prominent and deep-pocketed sites to load more quickly than others. The networks are often owned by third party companies like Akamai Technologies, while some of the largest content providers have built their own. Globally, 71 percent of all internet traffic will cross CDNs by 2021, compared with 52 percent in 2016. Those networks have the ability to discriminate against and interrupt content flows, according to Dan Rayburn, principal analyst at Frost & Sullivan and executive vice president of Streamingmedia. Rayburn suggested that the Open Internet Order enacted by the Federal Communications Commission in 2015 was myopically focussed on ISPs. “If you’re thinking rationally about this, you’d address it with CDNs, with transit providers, with backbone providers,” Rayburn said. “You’d address it with everybody.”

LinkedIn may very well succeed in its effort to stop a San Francisco (CA) startup from using the data of its members. But the Sunnyvale (CA) company, now a division of Microsoft, has certainly lost the moral high ground. In fact, the job-hunting and networking site is guilty of blatant hypocrisy. HiQ Labs makes software that analyzes data from public LinkedIn profiles to help employers determine which workers are likely to leave or stay. But at a hearing at U.S. District Court in San Francisco, lawyers representing LinkedIn argued that HiQ was causing significant harm to its business because members expected LinkedIn to protect their privacy. LinkedIn’s most valuable currency is “trust with customers,” said Donald Verrilli, a partner with Munger, Tolles & Olson law firm in Washington. That sounds very noble. But the very idea of a social media giant serving as the champion of privacy rights seems suspect. When a service tells you it’s free, that means it’s making money another way. And more likely than not, you’re the product.

A questioner raised an interesting prospect at TechFreedom's Back to the Future of Policy Summit earlier this week: the chance that artificial intelligence could be used to aid lawmakers on Capitol Hill as they make decisions. Automation has already come to the legal field — which overlaps with policymaking — but it is for lower-level tasks and isn't totally phasing out lawyers. "I'm not saying it's 10 years from now, maybe it's 20 years from now," replied House Oversight Committee Counsel Mike Flynn. "But at some point I would imagine there's going to be a role for that in policy making."

One out of every seven people on the planet uses the messaging app WhatsApp every day, according a recent blog post from the company. A billion people a day send messages to their friends and family on a service that's end-to-end encrypted by default, up from a billion per month from 2016. That surge in growth stands in sharp contrast to Twitter, which added approximately no new monthly uses last quarter, and had in fact lost two million in the US. WhatsApp and Twitter don't just represent contrary growth curves; they're the polar opposites of messaging. Twitter is public. WhatsApp is private. Twitter has a huge problem with safety, while WhatsApp has made privacy and security the center of its mission. And it's now more clear than ever that people have made their choice.

The infrastructure we rely on every day to make sure our digital clocks are in sync or to protect our credit card information when we shop online is often maintained by a single volunteer. This means that often, just one person makes sure that the essential software code that powers so many of the products and services we use every day runs smoothly.

This is because the same free software code is used for the critical components in many different kinds of software: No one person “owns” it. This enables innovation, because everyone can build off what has come before, and makes it possible for more technology to be created at a lower cost, because no one needs to start from scratch. But this free, public code—which we refer to as open source software—needs regular upkeep and maintenance, just as physical infrastructure does, and because it doesn’t belong to any one person or party, it is no one person’s job to maintain it. Without maintenance, we see the digital equivalent of a crumbling road or a collapsing bridge. Some people call this phenomenon a “tragedy of the commons.”