Government & Communications

With each tweet, President Trump says he’s redefining the American presidency, describing his use of social media as “modern day presidential” and necessary to fight what he deems fake news. Not everyone agrees on the substance of Trump’s social media message, but both his supporters and detractors have something in common: They want access to Trump’s frenetic Twitter feed. Which is why the Knight First Amendment Institute at Columbia University filed a federal lawsuit on behalf of seven Twitter users who say their 1st Amendment rights were violated after they were blocked from reading Trump’s personal account (@realDonaldTrump, not the official @POTUS account) after criticizing him or his policies. The suit, filed in US District Court in the Southern District of New York in Manhattan, names President Trump, White House Press Secretary Sean Spicer and White House director of social media Dan Scavino as defendants. The Knight Institute sent a letter to the White House in June threatening legal action if it didn’t heed its call to unblock followers.

President Donald Trump entered office pledging to cut red tape, and within weeks, he ordered his administration to assemble teams to aggressively scale back government regulations. But the effort — a signature theme in Trump’s populist campaign for the White House — is being conducted in large part out of public view and often by political appointees with deep industry ties and potential conflicts.

Most government agencies have declined to disclose information about their deregulation teams. But ProPublica and The New York Times identified 71 appointees, including 28 with potential conflicts, through interviews, public records and documents obtained under the Freedom of Information Act. Some appointees are reviewing rules their previous employers sought to weaken or kill, and at least two may be positioned to profit if certain regulations are undone. The appointees include lawyers who have represented businesses in cases against government regulators, staff members of political dark money groups, employees of industry-funded organizations opposed to environmental rules and at least three people who were registered to lobby the agencies they now work for.

[Commentary] At first glance, a new report from Pew Research looks devastating for President Trump’s favorite punching bag, the nation’s news media. One might think that the message Trump has been hammering home is really getting through. After all, Pew’s polling clearly shows that a big chunk of the American public buys his message that the press is a negative force in our society. Amy Mitchell, Pew’s director of journalism research, said the growing partisan divide in attitudes about the news media mirrors a Pew study done earlier in 2017 in which Democrats showed a growing appreciation of the press’s watchdog role; but appreciation for that role plummeted among Republicans. If journalism is to do its job fully, and as the founders intended, it can’t speak primarily to one side of the political aisle. I don’t have the answers to that problem, though I’m planning to explore them in the coming weeks. In the meantime, it’s important to acknowledge what this report doesn’t show: That Trump’s traitorous-media-scum message is moving the needle as he intends. And that — although in a grasping-at-straws way — is good news.

Even while under fire for requiring its outlets to run conservative content, Sinclair Broadcast Group is increasing the "must-run" segments across its affiliates featuring former Trump White House official Boris Epshteyn to nine times a week. The move comes as the company is seeking to dramatically expand its holdings by purchasing Tribune Media for $3.9 billion, which would make it the largest local television operator in the country, with more than 200 stations.

But Sinclair's unusual practice of requiring all its stations to run reports dictated from the corporate offices has been flagged by critics of the Tribune acquisition and even become a subject of late-night TV ribbing by HBO's John Oliver. Epshteyn was hired by Sinclair as chief political analyst in April after a short ride in the White House overseeing the choice of Trump surrogates for TV appearances. Now, on Sinclair, he is offering his own political commentary. His "Bottom Line with Boris" segments already air three times a week, but will now triple in frequency, featuring a mix of his political commentary as well as "talk backs" with local stations and interviews with members of Congress. The segments will have a “billboard,” meaning they’re sponsored, but will not be sponsored content, a Sinclair spokesperson said. Epshteyn’s segments are “must runs,” so all the Sinclair stations across the country will air them along with their other “must-run” segments including conservative commentary from Mark Hyman and the Terrorism Alert Desk segments. Epshteyn reliably parrots the White House's point of view on most issues.

While many technology companies continue to step up their privacy game by adopting best practices to protect sensitive customer information when the government demands user data, telecommunications companies are failing to prioritize user privacy when the government comes knocking, an Electronic Frontier Foundation annual survey shows. Even tech giants such as Apple, Facebook, and Google can do more to fully stand behind their users.

EFF’s seventh annual “Who Has Your Back” report digs into the ways many technology companies are getting the message about user privacy in this era of unprecedented digital surveillance. The data stored on our mobile phones, laptops, and especially our online services can, when aggregated, paint a detailed picture of our lives—where we go, who we see, what we say, our political affiliations, our religion, and more. AT&T, Comcast, T-Mobile, and Verizon scored the lowest, each earning just one star. While they have adopted a number of industry best practices, like publishing transparency reports and requiring a warrant for content, they still need to commit to informing users before disclosing their data to the government and creating a public policy of requesting judicial review of all NSLs.

President Donald Trump tweeted July 10 that former FBI Director James Comey “leaked CLASSIFIED INFORMATION” when he provided the New York Times with information about his meetings with the president. There’s no evidence that is true. The president’s tweet apparently came from a segment on Fox & Friends, which was a misleading interpretation of a report from the Hill newspaper on the contents of Comey’s memos. "James Comey leaked CLASSIFIED INFORMATION to the media. That is so illegal!" the President tweeted.

The Hill said that, based on interviews with unnamed “officials familiar with the documents,” more than half of Comey’s memos contained classified information. Because of this, the circumstances of the creation and storage of the memos that did contain classified information could have run afoul of FBI protocols. But the report does not claim that Comey actually leaked classified information to the New York Times or anyone else. The president retweeted this misleading Fox & Friends video concerning these allegations less than 10 minutes before his outburst.

The American Civil Liberties Union is challenging President Trump’s voter fraud commission. In a lawsuit filed July 10 in the US District Court of the District of Columbia, the ACLU says the Presidential Advisory Commission on Election Integrity violated federal public access requirements by holding its first meeting in private, without public notice.

President Trump formed the 15-member commission with an executive order in May to investigate his claims of voter fraud in 2016’s presidential election. The group is expected to hold its first public meeting on July 19. The ACLU lawsuit notes that Vice President Pence, who chairs the commission, held a 90-minute telephone meeting with its members on June 28. During the call, the suit says Vice Chairman Kris Kobach told members the commission was sending a letter to the 50 states and the District of Columbia requesting information on registered voters, including full names and addresses, political party registration and the last four digits of their Social Security numbers. In its complaint, the ACLU argues that the commission has violated the Federal Advisory Committee Act, which requires all advisory committee meetings to be open to the public and timely noticed in the Federal Register.

[Commentary] What might have been, decades ago, a compact between an audience and a trusted source of information—we’ll tell you who this gif-making guy is if you need us to—sours into something repugnant. At the same moment the president claims that the press is dangerous, has too much power … a press outlet (out of an overabundance of corporate caution) does something that looks like a dangerous abuse of power. This inversion plunks us all into the darkest possible timeline—the one where a president can “jokingly” hint at violence against reporters and his adherents feel empowered to threaten it more overtly.

On July 7, President Trump spent more than two hours with his Russian counterpart, Vladimir Putin, at the meeting of the G20 countries in Hamburg, and afterward Putin (as Machiavellian a leader as anyone could ask for) joked about the journalists who hurt the president. Presidents have more power than reporters (especially in Russia, where 82 journalists have been killed since 1993, most of them covering politics, corruption, and crime). But the fix is now in: The president says you can’t trust the press and the press says you can’t trust the president. If Machiavelli is right, that’s a recipe for an apocalypse.

The American Civil Liberties Union of New Mexico has sued the city of Albuquerque, seeking records by the city’s police department about its use of stingrays, also known as cell-site simulators. In May 2017, the ACLU of New Mexico filed a public records request to the Albuquerque Police Department (which has been under federal monitoring for years), seeking a slew of information about stingrays. The requested info included confirmation on whether the police had stingrays, "policies and procedures," and contracts with the Harris Corporation, among other materials. Albuquerque denied many of these requests, citing a state law that allows some public records to be withheld on the grounds that they reveal "confidential sources, methods." So, the week of July 3, the ACLU of New Mexico sued.

Apparently, China’s government has told telecommunications carriers to block individuals’ access to virtual private networks by Feb. 1, thereby shutting a major window to the global internet. Beijing has ordered state-run telecommunications firms, which include China Mobile, China Unicom and China Telecom, to bar people from using VPNs, services that skirt censorship restrictions by routing web traffic abroad. The clampdown will shutter one of the main ways in which people both local and foreign still manage to access the global, unfiltered web on a daily basis.

In keeping with Chinese President Xi Jinping’s “cyber sovereignty” campaign, the government now appears to be cracking down on loopholes around the Great Firewall, a system that blocks information sources from Twitter and Facebook to news websites such as the New York Times and others.