Government & Communications

The following Agenda item has been adopted by the Commission, and deleted from the list of items scheduled for consideration at the Thursday, June 22, 2017, Open Meeting and previously listed in the Commission’s Notice of June 15, 2017:
Electronic Annual Notice Declaratory Ruling (MB Docket No. 16-126): The Commission will consider a Declaratory Ruling which would clarify that the "written information" that cable operators must provide to their subscribers via annual notices pursuant to Section 76.1602(b) of the Commission's rules may be provided via e-mail.

Today, two-thirds of the world’s internet users live in countries where content that challenges political regimes, social conventions, or national security is subject to censorship. Over time, internet censorship has expanded from restricting access to IP addresses and domain names for websites, to blocking applications and persecuting users for their online activities.

[Commentary] The 2015 Open Internet Order received 3.7 million comments total, and the current rulemaking has received almost 5 million to date. Counting is easy. Knowing what that count means is not...

Despite the rhetoric, few in DC have much incentive to want the issue to go away. Millions of comments to the Federal Communications Commission also represent millions of fundraising opportunities. Groups arguing all sides of the issue financially benefit from the ongoing argument. Congress, meanwhile, probably will not weigh in before the 2018 election regardless of what the Federal Communications Commission does because that would mean giving up a campaign issue likely to be lucrative to members on both sides of the aisle. Thus, in the end, I suspect that millions of comments mostly mean that even after the current rulemaking is resolved, we will be stuck with this issue at least until sometime after the 2018 election and probably longer. Setting aside politics, it still remains the case that if the issue is to take into account broader public opinion then Congress is the only institution that can resolve it and, regardless of broad interest, only legislation has a chance of leading to a stable solution. Then, we can all finally move on to something else.

[Scott Wallsten is President and Senior Fellow at the Technology Policy Institute]

Mexico’s most prominent human rights lawyers, journalists and anti-corruption activists have been targeted by advanced spyware sold to the Mexican government on the condition that it be used only to investigate criminals and terrorists. The targets include lawyers looking into the mass disappearance of 43 students, a highly respected academic who helped write anti-corruption legislation, two of Mexico’s most influential journalists and an American representing victims of sexual abuse by the police. The spying even swept up family members, including a teenage boy.

Since 2011, at least three Mexican federal agencies have purchased about $80 million worth of spyware created by an Israeli cyberarms manufacturer. The software, known as Pegasus, infiltrates smartphones to monitor every detail of a person’s cellular life — calls, texts, e-mail, contacts and calendars. It can even use the microphone and camera on phones for surveillance, turning a target’s smartphone into a personal bug. The company that makes the software, the NSO Group, says it sells the tool exclusively to governments, with an explicit agreement that it be used only to battle terrorists or the drug cartels and criminal groups that have long kidnapped and killed Mexicans. But according to dozens of messages examined by The New York Times and independent forensic analysts, the software has been used against some of the government’s most outspoken critics and their families, in what many view as an unprecedented effort to thwart the fight against the corruption infecting every limb of Mexican society.

A Republican analytics firm's database of nearly every registered American voter was left vulnerable to theft on a public server for 12 days in June, according to a cybersecurity researcher who found and downloaded the trove of data. The lapse in security was striking for putting at risk the identities, voting histories and views of voters across the political spectrum, with data drawn from a wide range of sources including social media, public government records and proprietary polling by political groups.

Chris Vickery, a risk analyst at cybersecurity firm UpGuard, said he found a spreadsheet of nearly 200 million Americans on a server run by Amazon's cloud hosting business that was left without a password or any other protection. Anyone with Internet access who found the server could also have downloaded the entire file. The server contained data from Deep Root Analytics, which created a database of information from a variety of sources including the Republican National Committee, one of the company's clients. Deep Root Analytics used Amazon Web Services for server storage, and Vickery said he came up on the server's address as he scanned the Internet for unsecured databases.

Mexico’s most prominent human rights lawyers, journalists and anti-corruption activists have been targeted by advanced spyware sold to the Mexican government on the condition that it be used only to investigate criminals and terrorists. The targets include lawyers looking into the mass disappearance of 43 students, a highly respected academic who helped write anti-corruption legislation, two of Mexico’s most influential journalists and an American representing victims of sexual abuse by the police. The spying even swept up family members, including a teenage boy.

President Donald Trump fired off tweets June 16 attacking the special counsel's investigation into Russian meddling in the 2016 election, and apparently, Deputy Attorney General Rod J. Rosenstein. “I am being investigated for firing the FBI Director by the man who told me to fire the FBI Director! Witch Hunt,” the president said on Twitter. The somewhat vague tweet seems to refer to Rosenstein, who wrote a memo outlining an argument against then-FBI director James B. Comey. The White House initially claimed that Rosenstein's memo contributed to Trump's decision to fire Comey. But later, President Trump said in an interview that he would have fired Comey “regardless” of Rosenstein's recommendation.

Adding to the confusion is the fact that the special investigation is currently being led by another former FBI director. Robert Mueller reports to Rosenstein, but is authorized to pursue the investigation independently. And there is no evidence that Mueller recommended to President Trump that he fire Comey. President Trump also seemed to confirm reports in The Washington Post and other publications that Mueller's investigation has expanded to include allegations that he attempted to obstruct the ongoing investigation into Russian meddling in the election and his campaign associates' possible collusion with Russians.

A day after press reports of new revelations in the Russia investigation, the Justice Department warned Americans in an official statement to be skeptical of reports that rely on information from anonymous sources. The warning came seemingly out of nowhere, and did not gesture toward any report in particular. But it did come in the midst of a two-day running twitter rant from President Donald Trump about the Russia investigation.

On the night of June 15, Deputy Attorney General Rod Rosenstein released the following statement: "Americans should exercise caution before accepting as true any stories attributed to anonymous 'officials,' particularly when they do not identify the country — let alone the branch or agency of government — with which the alleged sources supposedly are affiliated. Americans should be skeptical about anonymous allegations. The Department of Justice has a long-standing policy to neither confirm or deny such allegations." Although Rosenstein didn’t mention any specific media reports, it appears it could be in response to a Washington Post story published June 14, alleging that the special counsel in the Russia probe is investigating President Trump for potential obstruction of justice, related to his firing of then-FBI Director James Comey. The story relies on information from five anonymous officials, without mentioning what agencies they work for or what level of seniority they have. But, given the succession and nature of recent leaks, the statement could also be in anticipation of a story that will break soon, one that the Department of Justice was notified of, and decided to preempt this way.

Your Wi-Fi router, sitting in the corner of your home accumulating dust and unpatched security flaws, provides an attractive target for hackers. Including, according to a new WikiLeaks release, the CIA.

On June 15, WikiLeaks published a detailed a set of descriptions and documentation for the CIA's router-hacking toolkit. It's the latest drip in the months-long trickle of secret CIA files it's called Vault7, and it hints at how the agency leverages vulnerabilities in common routers sold by companies including D-Link and Linksys. The techniques range from hacking network passwords to rewriting device firmware to remotely monitor the traffic that flows across a target's network. After reading up on them, you may find yourself itching to update your own long-neglected access point.

Kellyanne Conway on June 16 seemed to accuse the media of fomenting the kind of anger that led James T. Hodgkinson to embark on a shooting rampage at a baseball practice for congressional Republicans two days earlier. Appearing on “Fox & Friends,” the counselor to the president stopped short of directly blaming the press for the attack. But Conway came close, as she identified various factors that she said could have contributed to the violence.

“Look, this is also the natural byproduct if you have images of the president being shot in rapper's videos, being assassinated in a production there in New York City, the picture of a severed head,” Conway said. This was her commentary on the media: "I did a really clever thing: I went back and looked at exactly what was being discussed on all the TV shows, except yours, at 7:09 a.m. on Wednesday, when this happened, and it's a really curious exercise. Because as Steve Scalise was fighting for his life and crawling into right field in a trail of blood, you should go back and see what people were saying about the president and Republicans at that very moment." Others, like former Trump spokeswoman Katrina Pierson, have pointed fingers at the media, but Conway's remarks represent a first from a White House official.