Daily Digest 11/15/2018 (Oversight is Coming)

Benton Foundation

Thursday, November 15, 2018

Headlines Daily Digest

Oversight is Coming


Don't Miss:

USDA's e-Connectivity

Antitrust Law: Look Back to the Future

Today's Events

Table of Contents

Agenda

FCC You Soon  |  Read below  |  Cristiano Lima  |  Politico
FCC Announces Next Meeting of Broadband Deployment Advisory Committee for Dec 6 and 7  |  Federal Communications Commission

Broadband/telecom

USDA Partners with Communities to Bring High-Speed Broadband e-Connectivity Infrastructure to Rural Areas  |  Read below  |  Press Release  |  Department of Agriculture
Tax Change Deters Rural Co-ops From Expanding Internet Access  |  Read below  |  Katie Kienbaum  |  Institute for Local Self-Reliance
Accumulating phones: Aid and adaptation in phone access for the urban poor  |  Read below  |  Will Marler  |  Research  |  Mobile Media & Communication
The Bipartisan Case for Modernizing Net Neutrality & Online Privacy Policy  |  Scott Cleland

Wireless/Spectrum

Once-Worthless Radio Waves Get New Life in Spectrum Auction  |  Read below  |  Drew FitzGerald  |  Wall Street Journal
FCC 28 GHz Band Auction Launches Nov 14  |  Broadcasting&Cable
Chairman Pai on Start of 5G Auction  |  Federal Communications Commission
Commissioner Carr Statement on First High-Band 5G Auction  |  Federal Communications Commission
Commissioner Rosenworcel Statement on First 5G Auction  |  Federal Communications Commission
How San Jose’s 5G approach blocks broadband  |  Read below  |  FCC Commissioner Brendan Carr  |  Op-Ed  |  San Jose Mercury News
FCC Should Undertake Efforts to Better Promote Tribal Access to Spectrum  |  Read below  |  Mark Goldstein  |  Analysis  |  Government Accountability Office

Ownership/Competition

Antitrust Law: Look Back to the Future  |  Read below  |  Jonathan Sallet  |  Analysis  |  Benton Foundation

Platforms/Content

Electronic Frontier Foundation, 70 other groups want Facebook to offer users ‘due process’ for takedowns  |  Read below  |  Adi Robertson  |  Vox
Delay, Deny and Deflect: How Facebook’s Leaders Fought Through Crisis  |  Read below  |  Sheera Frenkel, Nicholas Confessore, Cecilia Kang, Matthew Rosenberg, Jack Nicas  |  New York Times
Facebook: Fake Instagram accounts used President Trump, Kanye West and social issues to target voters  |  USAToday

Health

Juul pulls social media accounts ahead of FDA regulations  |  Marketplace

Privacy

The New Frontier in Protecting Broadband Privacy  |  Read below  |  Eric Null  |  Op-Ed  |  Slate
Privacy Groups to FTC: Where's Our Google Complaint  |  Read below  |  John Eggerton  |  Broadcasting&Cable
NCTA stakes out what is says is common ground to build on for privacy standard  |  Multichannel News
Center for Digital Democracy to NTIA: Key Privacy Outcome Must Include Policy Interventions  |  Multichannel News
Privacy advocates sound the alarm after Google grabs DeepMind UK health app  |  Vox
Editorial -- One issue where there could be bipartisan action in Congress: Digital privacy  |  Washington Post

Security

2018 Report to Congress from the US-China Economic and Security Review Commission  |  Read below  |  Research  |  US-China Economic and Security Review Commission
Amazon is now at the center of a debate over public safety versus privacy  |  Read below  |  Cat Zakrzewski  |  Analysis  |  Washington Post
Huawei’s greatest critic lays out his case against the company  |  Fierce

Emergency Communications

PSAC’s New Approach to Working with the FirstNet Authority, AT&T  |  First Responder Network Authority

Communications and Democracy

White House fires back at CNN lawsuit, claiming 'broad discretion' to yank reporter Jim Acosta's press pass  |  Read below  |  Kevin Breuninger  |  CNBC
President Trump calls CNN's Acosta 'bad for the country'  |  Read below  |  Jordan Fabian  |  Hill, The
As his aides pressure foreign regimes on press freedoms, President Trump focuses on punishing reporters  |  Read below  |  David Nakamura  |  Washington Post
CNN suit is an important and necessary defense of press freedom  |  Read below  |  Katie Fallow, Jameel Jaffer  |  Op-Ed  |  Columbia Journalism Review
Fox News stands with CNN: ‘Passes for working White House journalists should never be weaponized’  |  Fox News
Legal experts back CNN's case against Trump over press credentials  |  Axios
President Trump Re-election Campaign Uses CNN Suit to Rally Base  |  Multichannel News

Policymakers

Sens McConnell, Schumer re-elected as Senate party leaders  |  Associated Press
House Republicans elect Rep Kevin McCarthy (R-CA) as party leader  |  Washington Post
Congress Passes Bill to Rename DHS Cyber Agency -- Will Now Be Called Cybersecurity and Infrastructure Security Agency  |  nextgov

Company News

Comcast forced to pay refunds after its hidden fees hurt customers’ credit  |  Ars Technica

Stories from Abroad

Facing UK Regulation, the Internet Association Sends a Lobbyist to London  |  Wired
Artificial intelligence and the future of geopolitics  |  Brookings Institution
Today's Top Stories

Agenda

FCC You Soon

Cristiano Lima  |  Politico

The new Democratic majority in the House is wasting no time in preparing its oversight efforts. “We’re getting ready to send a letter over to the [Federal Communications Commission] letting them know we intend to have a lot more oversight hearings and we want to start getting them on their schedule early,” said Rep. Mike Doyle (D-PA). He predicted an FCC oversight hearing is “not going to be too much later” than January, if not then. He plans to meet with incoming House Commerce Chairman Frank Pallone (D-NJ) next week to game out the subcommittee agenda. Rep. Doyle admitted his effort to restore Obama-era net neutrality regulations via the Congressional Review Act is likely dead. “It just doesn’t have the kind of the push it would need to get us over the top,” Rep. Doyle said. The petition to force a vote has been stalled at 177 signatures since mid-July, and it requires 218. Democrats won’t be able to use the CRA tool in the next Congress to revive the rules. “We’re coming to the end of the session and this lame duck’s going to be dealing with a lot of things that are probably going to take precedence,” said Rep. Doyle.

Broadband/Telecom

USDA Partners with Communities to Bring High-Speed Broadband e-Connectivity Infrastructure to Rural Areas

Press Release  |  Department of Agriculture

Assistant to the Secretary for Rural Development Anne Hazlett announced that the US Department of Agriculture is investing in infrastructure projects in a dozen states to improve e-Connectivity in rural communities. USDA is investing $91 million through the Telecommunications Programs. The 19 projects will benefit more than 27,000 businesses and households in AR, GA, IA, KY, MN, NC, ND, NM, OK, TN, UT, and VA. Examples of the projects in which USDA is investing:

  • The Arkansas Rural Internet Company is receiving a $19.9 million loan to deploy a fiber broadband system to more than 5,000 subscribers in Dallas, Calhoun and Ouchita counties in rural southern AR. 
  • In NM, the Tularosa Basin Telephone Company Inc. will use an $11.8 million loan to improve telecommunications for nearly 10,000 customers in the Carrizozo, Cloudcroft and Tularosa exchanges. 
  • The Choctaw Nation is receiving a $2.9 million grant to construct a hybrid fiber and fixed wireless system on unserved portions of Le Flore County (OK). This project will increase access to economic development, health care, educational and public safety opportunities for 300 households and 15 businesses. It will include a community center in the Hodgen School where the public can access computer terminals and WiFi service free of charge.

Tax Change Deters Rural Co-ops From Expanding Internet Access

Katie Kienbaum  |  Institute for Local Self-Reliance

Recent tax code changes might prevent co-ops from connecting more rural communities. Cooperatives could potentially lose their tax exempt status if they accept government grants for broadband expansion and disaster recovery — an unintended yet foreseeable consequence of the Republican “Tax Cuts and Jobs Act” passed late in 2017. Sen Tina Smith (D-MN) called attention to the oversight, noting, “This uncertainty has caused cooperatives significant concern and frozen some of their grant applications.” To ensure that convoluted tax policy isn’t standing in the way of better connectivity for millions of rural residents, Sen Smith plans to introduce legislation that would ensure government grants are not counted as income for the purpose of a telephone or electric cooperative’s tax-exempt status. Sen Smith pointed out that the tax code change was not intended to impede co-ops from accepting government broadband funding. Rather, the goal was to force for-profit corporations to pay taxes on economic development incentives offered by state and local governments. 

Accumulating phones: Aid and adaptation in phone access for the urban poor

Will Marler  |  Research  |  Mobile Media & Communication

This study draws on participant observation and interviews with low-income adults in Chicago to show how the poor stay connected to phone service and mobile Internet through the possession of multiple phones, including those subsidized by government aid. The “accumulation” of phones by individuals is widely observed, though underexplored in scholarship. Popular media coverage in the US frames the possession of multiple phones by people in poverty as criminal or excessive. In contrast, this study identifies three functions for phone accumulation as a strategy for maintaining phone access: to back up other phones, to build up capacities across phones, and to share phones with others in need. Each function responds to struggles unique for the urban poor as mobile technology advances and public phone access declines. Extra phones insure against regular disconnections due to loss and theft of devices and limits on subsidized service. Active service on one device combines with Internet functionality on another to approximate a single, high-end device and service plan. Subsidized phones help overcome the hesitation that poor people feel in lending out their devices to others in need. Accumulation thus contributes to the goal of securing reliable phone access for low-income Americans. There are limits to accumulation as a strategy for maintaining access, which result from the prevalence of inferior hardware, limited service plans, and lack of trust among strangers. Telecommunications policies should adapt to the needs of low-income phone users with accumulation in mind. The article concludes with recommendations for adapting policy to the needs of low-income phone users.

Wireless/Spectrum

Once-Worthless Radio Waves Get New Life in Spectrum Auction

Drew FitzGerald  |  Wall Street Journal

Cellphone carriers often call their most valuable radio-wave licenses “beachfront” property. As with real estate, it pays to be in a prime location. Government officials will test that thinking this month by selling some once-barren tracts of that virtual real estate in the upper reaches of the wireless spectrum. How much companies are willing to pay for them remains to be seen. The Federal Communications Commission began the first of two auctions for extremely high-frequency spectrum licenses, raising cash from a type of radio wave once considered useless for wireless service. Recent technological advances have made those frequencies more useful, and officials are counting on the spectrum sales to kick-start the first offerings of fifth-generation, or 5G, wireless service. Authorities will first auction off licenses around 28 gigahertz and follow it with a second auction for licenses above 24 gigahertz. Both sales will test the market’s appetite for a technology that hasn’t yet been put to commercial use outside a few test cities.

How San Jose’s 5G approach blocks broadband

FCC Commissioner Brendan Carr  |  Op-Ed  |  San Jose Mercury News

Instead of embracing 5G, San Jose (CA) Mayor Sam Liccardo taxed it.  Beginning in 2015, the city sought up to $3,500 per year per small cell.  Compare that to $100 in Phoenix (AZ) and $50 in Indianapolis (IN) — cities about the size of San Jose that have leapfrogged it in terms of small cell deployment. Excessive taxes charged by big cities deplete the capital needed to build broadband in suburban and rural America. That’s why several dozen mayors, county supervisors, and elected leaders called on the Federal Communications Commission to act.

Two months ago, the FCC listened to those local leaders.  We reined in the abusive taxes that have blocked broadband, while guaranteeing that cities are fully compensated for their costs.  We voted, on a bipartisan basis, to ensure cities act on small cell applications within reasonable periods of time.  And, we affirmed that cities may impose aesthetic requirements so that communities can preserve their look and feel. In response to these reasonable policies, Mayor Liccardo sued.  But federal law is clear that local governments may not effectively prohibit the provision of service. And as Mayor Liccardo’s years of zero small cells show, his 5G tax operated as a textbook prohibition. While Mayor Liccardo spends San Jose’s resources suing to defend his 5G tax, we at the FCC will continue cutting red tape so that all San Jose residents — and all Americans — have a fair shot at fast, affordable broadband.

FCC Should Undertake Efforts to Better Promote Tribal Access to Spectrum

Mark Goldstein  |  Analysis  |  Government Accountability Office

The US Government Accountability Office was asked to review spectrum use by tribal entities—tribal governments and tribally owned telecommunications providers. This report examines (1) tribal entities' ability to obtain and access spectrum to provide broadband services and the reported barriers that may exist, and (2) the extent to which the Federal Communications Commission promotes and supports tribal efforts to obtain and access spectrum. GAO interviewed 16 tribal entities that were using wireless technologies.

GAO recommends the FCC should (1) collect data on tribal access to spectrum; (2) analyze unused licensed spectrum over tribal lands; and (3) make information available in a more accessible manner that would promote tribes' ability to purchase or lease spectrum licenses over their lands from other providers. The FCC agreed with the recommendations.

Ownership/Competition

Antitrust Law: Look Back to the Future

Jonathan Sallet  |  Analysis  |  Benton Foundation

I believe that Louis Brandeis’ progressive framework can help us navigate the future of antitrust:

First, Brandeis believed that legislators creating antitrust laws should consider broad economic and social issues. Second, legislatures should enact enforceable legal standards that identify harmful industrial (that is to say, economic) conduct in a manner that vindicates their chosen social and democratic values. Third, antitrust enforcers are to bring their expertise to bear, using economics and evidence. And, of course, they must prove their cases in court, which focuses any lawyer’s attention – and judicial decisions -- on the facts at hand. Brandeis believed that the right laws would lead to the right investigations, and then, to the right results. Fourth, Brandeis was creative in thinking of ways to improve sectoral regulation when competition could not be expected to flourish. Fifth, competition policy (both antitrust and sectoral regulation) is to be informed by a spirit of experimentation. 

[Jonathan Sallet is a Benton Senior Fellow.]

Platforms/Content

Electronic Frontier Foundation, 70 other groups want Facebook to offer users ‘due process’ for takedowns

Adi Robertson  |  Vox

The Electronic Frontier Foundation, Human Rights Watch, and over 70 other groups have asked Facebook to adopt a clearer “due process” system for content takedowns. An open letter to Mark Zuckerberg urges him to enact the Santa Clara Principles, a series of moderation guidelines that academics and nonprofits put forward earlier in 2018. “Civil society groups around the globe have criticized the way that Facebook’s Community Standards exhibit bias and are unevenly applied across different languages and cultural contexts,” the letter says. “Offering a remedy mechanism, as well as more transparency, will go a long way toward supporting user expression.”

The Santa Clara Principles include a clear explanation for why a post or profile violates Facebook’s rules; an accessible appeals system that includes review by a human moderator; and regular transparency reports that detail how much content has been taken down, as well as how many cases were successfully appealed. They’re intended to outline the minimum standards of good platform moderation, encouraging companies to balance the rights of individual users with the need to remove harmful material.

Delay, Deny and Deflect: How Facebook’s Leaders Fought Through Crisis

Sheera Frenkel, Nicholas Confessore, Cecilia Kang, Matthew Rosenberg, Jack Nicas  |  New York Times

In just over a decade, Facebook has connected more than 2.2 billion people, a global nation unto itself that reshaped political campaigns, the advertising business and daily life around the world. Along the way, Facebook accumulated one of the largest-ever repositories of personal data, a treasure trove of photos, messages and likes that propelled the company into the Fortune 500. But as evidence accumulated that Facebook’s power could also be exploited to disrupt elections, broadcast viral propaganda and inspire deadly campaigns of hate around the globe, CEO Mark Zuckerberg and chief operating officer Sheryl Sandberg stumbled. Bent on growth, the pair ignored warning signs and then sought to conceal them from public view. At critical moments over the last three years, they were distracted by personal projects, and passed off security and policy decisions to subordinates, according to current and former executives. .This account of how Zuckerberg and Sandberg navigated Facebook’s cascading crises, much of which has not been previously reported, is based on interviews with more than 50 people. Among the reports: Senate Minority Leader Chuck Schumer (D-NY) told Senate Intelligence Committee Vice Chairman Mark Warner (D-VA), who has been one of the tech platform’s chief antagonists on Capitol Hill, that he should be trying to cooperate with Facebook instead of scrutinizing it.

Privacy

The New Frontier in Protecting Broadband Privacy

Eric Null  |  Op-Ed  |  Slate

Thanks to Cambridge Analytica and other scandals, the federal government is now discussing tech platform privacy issues more than ever. But localities—most recently, New York City—have been stepping in to try to fill the broadband privacy gap. Other local officials should look to New York City as a model for their own legislation or rules, and the public should be pushing their local representatives to protect broadband privacy. Because cities typically have authority over cable franchise agreements, local rules generally apply only to cable broadband providers—and thus apply to companies like Comcast but not AT&T or T-Mobile. In 2017, Seattle (WA) became the first city to enact cable privacy rules. The Seattle rules require cable operators to obtain opt-in consent prior to collecting or disclosing information about browsing habits, financial information, and a variety of other types of information. 

Without the Federal Communications Commission’s broadband privacy rules in place, there are no rules on the books protecting consumers from misuse of their information collected by their broadband provider. Seattle residents continue to be protected thanks to their forward-looking cable privacy rule. With any luck, DC and NYC residents will soon enjoy those protections as well. 

[Eric Null is senior policy counsel at New America's Open Technology Institute]

Privacy Groups to FTC: Where's Our Google Complaint

John Eggerton  |  Broadcasting&Cable

Privacy groups are pressing the Federal Trade Commission for the status of their complaint against Google. The Campaign for a Commercial-Free Childhood, the Center for Digital Democracy, and their counsel at the Institute for Public Representation were among a host of groups that filed a complaint against Google back in April, asserting that while YouTube is the most popular online platform for kids, from which the company profits, Google asserts that the site is not for children in arguing that it does not have to be compliant with the Childrens Online Privacy Protection Act (COPPA).  While the groups said they had met with FTC staffers in May about the complaint, they have heard and seen nothing since. "While more than six months have passed since we conferred with the FTC," they wrote, "the privacy of millions of children visiting YouTube is compromised every single day. On behalf of the 22 consumer and privacy advocacy organizations which signed our complaint, we convey our hope that the FTC will act soon to protect these children."

Security

2018 Report to Congress from the US-China Economic and Security Review Commission

The scale of Chinese state support for the Internet of Things (IoT) and 5G, the close supply chain integration between the United States and China, and China’s role as an economic and military competitor to the United States create enormous economic, security, supply chain, and data privacy risks for the United States. The rapid proliferation of unsecure IoT devices is increasing the avenues Chinese actors could exploit to deny service, collect intelligence, or launch a cyber attack. The large amount of data collected by the ever growing number of IoT devices, the value of such data to criminal and state actors such as China, and lax US security and legal protections are worsening privacy, safety, and security risks for US citizens, businesses, and democracy.

The Report includes 26 recommendations for congressional action, which include:

  • Congress should require the White House Office of Management and Budget to ensure all government agencies address supply-chain vulnerabilities stemming from China, including potential cyber, operations, physical, information and data-security issues.
  • Congress should direct the National Telecommunications and Information Administration and Federal Communications Commission to ensure 5G technology is rapidly and securely deployed in the US “with a particular focus on the threat posed by equipment and services designed or manufactured in China.”

Amazon is now at the center of a debate over public safety versus privacy

Cat Zakrzewski  |  Analysis  |  Washington Post

A New Hampshire judge’s attempt to compel Amazon to share recordings from an Echo device at the scene of an alleged double murder is putting a fine point on law enforcement’s growing demand for data from Internet of Things devices. Prosecutors are seeking two days of recordings from the smart speaker in a Farmington (NH) home where two women were found dead in Jan 2017. The judge directed the company to turn over evidence in the case, but so far, Amazon has said it “will not release customer data without a valid and binding legal demand properly served on us." Electronic Frontier Foundation Senior Staff Attorney Nate Cardozo said law enforcement has long asked technology companies to turn over data from connected devices. Such requests date back to at least the early 2000s, when law enforcement tried to surveil via car assistance programs. But it’s happening with greater frequency as the number of IoT devices in consumers’ homes explodes. “Now that everything has a microphone or a sensor,” Cardozo said, “the amount of data is just so many orders of magnitude greater.”

Communications and Democracy

White House fires back at CNN lawsuit, claiming 'broad discretion' to yank reporter Jim Acosta's press pass

Kevin Breuninger  |  CNBC

President Donald Trump and officials in his administration said that the decision to revoke CNN White House correspondent Jim Acosta's press credential was "lawful," arguing the White House holds "broad discretion to regulate" access for journalists. "The White House responded to conduct that was particularly disruptive to a press conference with a decision denying one specific reporter further opportunities to cause disruptions," Justice Department lawyers wrote in a court filing. As part of the legal response to CNN, the DOJ lawyers argued that "Acosta's decision to engage in conduct that disrupts press events and impedes other reporters from asking questions provides a more-than-sufficient reason for revoking his hard pass." They also denied, as CNN had argued, that Acosta's pass had been revoked "because the President and his administration do not like CNN or Acosta's reporting."

President Trump calls CNN's Acosta 'bad for the country'

Jordan Fabian  |  Hill, The

President Donald Trump expressed hope the White House would defeat CNN in a lawsuit over his decision to suspend the press credentials of reporter Jim Acosta, whom he called “bad for the country." President Trump railed against Acosta, calling him a “rude” person whose “grandstanding” is unfair to the broader White House press corps. “I really think that when you have guys like Acosta, I think they’re bad for the country,” President Trump said. “He’s just an average guy who’s a grandstander who’s got the guts to stand up and shout.”  President Trump was uncertain when asked if he believes he will prevail in the lawsuit brought by CNN, which alleges the White House violated Acosta's Constitutional rights by stripping his pass.  “I don’t know. We should,” President Trump said. “We’ll see how the court rules. Is it freedom of the press when somebody comes in and starts screaming questions and won’t sit down?”

As his aides pressure foreign regimes on press freedoms, President Trump focuses on punishing reporters

David Nakamura  |  Washington Post

The Trump administration spoke out forcefully against efforts by China and Myanmar to punish news reporters and political dissidents. But at the White House, President Donald Trump was focused on another case — his efforts to discredit CNN correspondent Jim Acosta. Acosta and others like him are “bad for the country,” President Trump told a conservative news outlet. In a fundraising email, his campaign highlighted Trump’s move to strip Acosta’s White House pass and declared that the president “will NOT put up with the media’s liberal bias and utter disrespect.” Trump’s latest assault on the press corps comes amid his mounting domestic political problems as Democrats prepare to take over the House in January. Yet in his bid to assert greater control over the media at home, President Trump threatens to undermine his administration’s efforts to curtail human rights abuses abroad.

CNN suit is an important and necessary defense of press freedom

Katie Fallow, Jameel Jaffer  |  Op-Ed  |  Columbia Journalism Review

When the government establishes an open forum for expressive activity, the First Amendment forbids it from selectively excluding speakers because of their viewpoints. As a federal appeals court held in a case decided four decades ago, this means that the White House can’t arbitrarily bar a journalist from White House press facilities. The record strongly suggests that the White House revoked CNN Jim Acosta’s access because of the viewpoint implicit in Acosta’s questions. Because that kind of viewpoint-based exclusion violates a fundamental First Amendment principle, CNN should prevail in court.

CNN’s lawsuit undoubtedly serves its own interests as a news outlet, but it would be short-sighted to frame this as a battle between President Donald Trump and Acosta. The suit is also an important and necessary defense of press freedom.  When the court reviews CNN’s lawsuit, it must consider not only the implications of the president’s actions for CNN and Acosta, but the implications for the public, for the public’s right to information about the government, and for the vitality our democracy.

[Katie Fallow and Jameel Jaffer are the authors of this piece. Katie Fallow is a senior staff attorney at the Knight First Amendment Institute at Columbia University. Jameel Jaffer is director of the Knight First Amendment Institute at Columbia University.]

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Benton (www.benton.org) provides the only free, reliable, and non-partisan daily digest that curates and distributes news related to universal broadband, while connecting communications, democracy, and public interest issues. Posted Monday through Friday, this service provides updates on important industry developments, policy issues, and other related news events. While the summaries are factually accurate, their sometimes informal tone may not always represent the tone of the original articles. Headlines are compiled by Kevin Taglang (headlines AT benton DOT org) and Robbie McBeath (rmcbeath AT benton DOT org) — we welcome your comments.


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