April 2, 2014 (NSA performed warrantless searches on Americans)
BENTON'S COMMUNICATIONS-RELATED HEADLINES for WEDNESDAY, APRIL 2, 2014
Ensuring the Security, Stability, Resilience, and Freedom of the Global Internet (preview below) http://benton.org/calendar/2014-04-02/
GOVERNMENT & COMMUNICATIONS
NSA performed warrantless searches on Americans' calls and emails -- Clapper
The Transformative Impact of Data and Communication on Governance - op-ed [links to web]
Federal Agents Pierce Tor Web-Anonymity Tool [links to web]
Groups tell Congress to go big on NSA overhaul [links to web]
PRIVACY/SECURITY
Google Takes Wi-Fi Snooping Scandal to the Supreme Court [links to web]
INTERNET/TELECOMMUNICATION
FCC shoots down Netflix's call to expand the scope of net neutrality
Obama Administration faces critics of plan to relinquish Internet oversight
Get Ready for the Internet Robber Barons - op-ed
FCC Commissioner Michael O'Rielly at the Federal Communications Bar Association - speech
Why the government should provide Internet access
Gigabit boondoggle unwinds in Chicago - Richard Bennett op-ed
Seattle Mayor's CenturyLink giveaway sure to create controversy - analysis
Rural Broadband Buys Muni System [links to web]
WIRELESS/SPECTRUM
Modernizing US Spectrum Policy - press release
Promoting Collaboration to Advance Wireless Spectrum for Economic Growth - White House press release [links to web]
Massachusetts Telecom Department Seeks Spectrum Aggregation Limits [links to web]
Ponca City (OK): The fastest free Wi-Fi in the nation? [links to web]
People for Whom One Cellphone Isn't Enough [links to web]
ACCESSIBILITY
Commendation to FCC for Captioning Quality from Consumer Advisory Committee - press release [links to web]
TELEVISION
Senate Commerce Takes on STELA
Can A Television Network Be A Church? The IRS Says Yes [links to web]
CONTENT
Music Industry Pushes Unified Message on Compensation
OWNERSHIP
Comcast Stock Drop Complicates TWC Deal [links to web]
LABOR
Half of New York’s Tech Workers Lack College Degrees, Report Says [links to web]
JOURNALISM
Resolution Adopted To Protect Journalists Covering Protests [links to web]
Report: Univision, Telemundo skew liberal
POLICYMAKERS
Alliance for Community Media Hires Mike Wassenaar as New Public Policy Advocate - press release [links to web]
STORIES FROM ABROAD
Europe’s telecoms groups unite on opposition to network neutrality
MORE ONLINE
House budget proposal dismisses role of IMLS - ALA press release [links to web]
Readout of the Vice President’s Meeting with Business Executives from Information Technology Companies [links to web]
GOVERNMENT & COMMUNICATIONS
NSA PERFORMED WARRANTLESS SEARCHES ON AMERICANS' CALLS AND EMAILS -- CLAPPER
[SOURCE: The Guardian, AUTHOR: Spencer Ackerman, James Ball]
US intelligence chiefs have confirmed that the National Security Agency has used a "backdoor" in surveillance law to perform warrantless searches on Americans’ communications. The NSA's collection programs are ostensibly targeted at foreigners, but in August the Guardian revealed a secret rule change allowing NSA analysts to search for Americans' details within the databases. Now, in a letter to Sen Ron Wyden (D-OR) of the Senate Intelligence Committee, the director of national intelligence, James Clapper, has confirmed for the first time this backdoor had been used in practice to search for data related to “US persons.” “There have been queries, using US person identifiers, of communications lawfully acquired to obtain foreign intelligence targeting non-US persons reasonably believed to be located outside the United States,” Clapper wrote in the letter. “These queries were performed pursuant to minimization procedures approved by the FISA [Foreign Intelligence Surveillance Act] court and consistent with the statute and the fourth amendment.” The legal authority to perform the searches, revealed in top-secret NSA documents provided to the Guardian by Edward Snowden, was denounced by Sen Wyden as a “backdoor search loophole.” Clapper did not disclose how many such searches had been performed by the NSA.
benton.org/node/179579 | Guardian, The
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INTERNET/TELECOMMUNICATION
FCC SHOOTS DOWN NETFLIX'S CALL TO EXPAND THE SCOPE OF NET NEUTRALITY
[SOURCE: The Verge, AUTHOR: Ben Popper]
The Federal Communications Commission made clear that it won't heed Netflix CEO Reed Hastings' call to expand the scope of network neutrality to regulate the way companies connect across the physical infrastructure of the Internet. This system, which includes Internet companies like Netflix, middlemen like Cogent, and Internet service providers like Comcast, is the backbone that moves data across the country from Netflix servers into consumers' homes. "Peering and interconnection are not under consideration in the Open Internet proceeding, but we are monitoring the issues involved to see if any action is needed in any other context," an FCC spokesperson said. Confusingly, at the same time, the agency also said that it was considering new rules to regulate the paid arrangements between companies like Comcast and Netflix.
benton.org/node/179584 | Verge, The | GigaOm | National Journal
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INTERNET OVERSIGHT HEARING
[SOURCE: The Hill, AUTHOR: Kate Tummarello]
The Obama Administration will try and ease congressional concerns about its decision to relinquish oversight over the back end of the Internet. On April 2, the House Commerce Committee -- members of which have already introduced a bill to block the Administration’s plan -- will consider whether the Commerce Department’s move would lead to a more global open Internet or would open the door to control by censorship-prone governments. Lawrence Strickling, who will be testifying in his role as head of the Commerce Department’s National Telecommunications and Information Administration (NTIA), said the Administration is “open to a discussion” about the oversight change. Strickling said the Administration doesn’t think there’s any “serious chance” that the move would endanger the Internet. “We’ve made it crystal clear that we will not accept a proposal that would turn our role over to any government or any group of governments,” he said. Strickling said critics often misunderstand the Administration’s current role and what it means for the US government to be relinquishing it. “I’ve heard people use broad terms like … we’re giving up control of the Internet, and that’s just not happening here,” he said. “The actual role that we’re talking about giving up is literally checking the accuracy of updates and changes to the” technical back end of the system, he said.
benton.org/node/179666 | Hill, The
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INTERNET ROBBER BARONS
[SOURCE: Wall Street Journal, AUTHOR: Karl Borden]
[Commentary] The United Nations has long craved the power to tax, and the Obama Administration's decision to give up US oversight of the Internet domain-name system and the Internet Corporation for Assigned Names and Numbers, or ICANN, may end up giving the UN that power. There are political and strategic issues -- involving security, privacy and censorship -- associated with international control of the Internet. Should the U.N. end up in charge, it would have a chokehold on the global economy and a vast stream of revenue that would make it even more unaccountable than it already is. Can anyone doubt that within just the next few decades the Internet will be the essential infrastructure for participation in even the smallest segment of the global economy? The revenue potential associated with controlling the "rivers" of the 21st-century-and-beyond will be enormous and will finance an ever-expanding international bureaucracy, likely under the aegis of the United Nations. The robber barons of the 13th century were finally stopped only when the Rhine League, consisting of merchants and aristocrats, banded together to tear down their castles and hang them. The robber barons of the 21st century may be much more difficult to deal with. [Borden is a professor of financial economics at the University of Nebraska/Kearney.]
benton.org/node/179665 | Wall Street Journal
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FCC COMMISSIONER MICHAEL O'RIELLY AT THE FEDERAL COMMUNICATIONS BAR ASSOCIATION
[SOURCE: Federal Communications Commission, AUTHOR: FCC Commissioner Michael O'Rielly]
The topic I will discuss is now Internet governance. Before the eye rolling begins, I believe this issues extremely important to the entire communications industry. And let me give you the key take away: We should all maintain a deep skepticism about the US Government’s recent announcement that it plans to transition away from its oversight of the Internet Corporation for Assigned Names and Numbers (ICANN). A recent Bloomberg article on the ICANN 49 meeting probably summed it up best, and I quote: “A group of nerds and wonks [has been] having some hideously boring meetings in Singapore. You should care: What they produce could change the nature of the Internet.” Those who have raised concerns about the National Telecommunications and Information Administration’s (NTIA) announcement have been labeled as Republican partisans, but even former President Bill Clinton is concerned about NTIA’s plan. First, and foremost, the fatal flaw in NTIA’s announcement is the potential involvement of foreign governments or quasi-governmental bodies in Internet governance. Second, from the point of view of maintaining the stability of the Internet, even with ICANN’s flaws, the current oversight structure by NTIA has been an incredible success. Third, past history and current events show us that numerous foreign governments are more than willing to meddle with the Internet and its use by their citizens. While it is clear that foreign governments will not hesitate to interfere with Internet services and applications when doing so suits their national needs, they also will not hesitate to point out the hypocrisy if and when the United States adopts its own controls over the Internet. This is an added reason why I am concerned that the FCC will press forward with new network neutrality regulations. At this pivotal moment for Internet freedom, the FCC’s network neutrality proceeding could severely contradict and undermine the US government’s international position. FCC action sends the wrong message: that it is acceptable for nations to impose the strong arm of the government on the Internet. In addition to our domestic concerns, we must also consider the influence of our decisions on other countries, given the strength of our voice worldwide. In conclusion, I urge all of you to follow closely, with a critical eye, NTIA’s and ICANN’s proposals as they develop. The United States created the Internet and shared it with the world. Now we have an obligation to safeguard it from harm.
benton.org/node/179657 | Federal Communications Commission
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WHY THE GOVERNMENT SHOULD PROVIDE INTERNET ACCESS
[SOURCE: Vox, AUTHOR: Ezra Klein]
A Q&A with Susan Crawford, Former Special Assistant to President Obama on Science, Technology, and Innovation Policy. When asked why there should be a public option for Internet access, Crawford replied: “We need a public option for Internet access because Internet access is just like electricity or a road grid. This is something that the private market doesn't provide left to its own devices. What they'll do is systematically provide extraordinarily expensive services for the richest people in America, leave out a huge percentage of the population and, in general, try to make their own profits at the expense of social good.” The private market cannot sufficiently provide these options because as private entities, rather than equitable distribution, they will always be seeking the highest reward. “They're going to leave out less wealthy areas and places that are more remote,” she explained. “But we're one country and every American needs this access just the same way every American needed a telephone line.” Crawford sees the Internet as a utility that will provide a changing platform that should be adaptable to future networks. What is required to make this happen, ultimately, is leadership, according to Crawford, noting that infrastructure issues are bipartisan by nature.
benton.org/node/179571 | Vox
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GIGABIT BOONDOGGLE UNWINDS IN CHICAGO
[SOURCE: American Enterprise Institute, AUTHOR: Richard Bennett]
[Commentary] The state of Illinois gave $2 million to Gigabit Squared to wire the Chicago South Side for ultra-high speed broadband, and now they want their money back. This story is more common than you might think, and Gigabit Squared isn’t the only offender. From Burlington (VT) to Provo, Utah, it doesn’t matter whether a city is large or small, or if it goes it alone or bands together with neighbors: designing, building, and operating a broadband network is harder than running a water system. Very few municipalities have the expertise to do these things successfully, and those who leap before they look are likely to end up wishing they’d examined all possible outcomes before committing their cash. Mooresville (NC) had to lay off police, fire fighters, and teachers to cover their broadband debt. This is more likely to happen than not. The main reason we can expect municipal networks to fail is revealed in their goal-setting exercise. It’s perfectly reasonable for some form of subsidized broadband program in an unserved or severely underserved area: people can gain great benefits from using a smartphone, an iPad, or a laptop to access the Internet, explore educational opportunities, or read the news. But you don’t need the world’s fastest network to do these things; all you really need is a garden-variety DSL, cable, or mobile network. And given those choices, most people will adopt mobile first. As history shows, the speed and capacity of broadband networks generally improves to meet and exceed customer demands. [Bennett is a visiting fellow at AEI]
benton.org/node/179573 | American Enterprise Institute
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SEATTLE MAYOR'S CENTURYLINK GIVEAWAY SURE TO CREATE CONTROVERSY
[SOURCE: Seattle Times, AUTHOR: Brier Dudley]
[Commentary] Seattle likely will get somewhat faster broadband in the coming year from CenturyLink, but some homeowners may not cheer the upgrade. In one of his first moves on the technology front, the city’s new mayor has pledged to grant a longstanding wish of CenturyLink and make it easier for the company to place refrigerator-like utility cabinets on the parking strips in front of people’s homes. This purportedly will improve broadband speeds, though Mayor Ed Murray doesn’t have any guarantee that will happen. I hate to question this faint signal of progress coming from City Hall, where a series of mayors have spent more than a decade hemming and hawing about how to improve residential-broadband service. But starting out with a giveaway to CenturyLink may pit the phone company against neighborhoods. Worst of all, it could create a controversy that slows down Mayor Murray’s more ambitious technology vision -- to revive plans for a citywide, city-owned broadband network that would offer an alternative to CenturyLink, Comcast and other entrenched providers.
benton.org/node/179572 | Seattle Times
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WIRELESS/SPECTRUM
MODERNIZING US SPECTRUM POLICY
[SOURCE: House of Representatives Commerce Committee, AUTHOR:]
The House Commerce Committee is issuing a series of white papers as the first step toward modernizing the laws governing the communications and technology sector. The committee initiated an examination of the regulation of the communications industry, and seeks comments from all interested parties on the future of the law. The most recent white paper focuses on spectrum policy. The Committee poses 10 questions and is asking for public input by April 25, 2014.
What structural changes, if any, should be made to the FCC to promote efficiency and predictability in spectrum licensing?
What role should unlicensed spectrum play in the wireless ecosystem? How should unlicensed spectrum be allocated and managed for long-term sustainability and flexibility?
What should be done to encourage efficient use of spectrum by government users?
What steps can be taken to increase the amount of commercially available spectrum?
Should the Act permit the FCC to use expected auction revenue as the basis for a public interest finding? What criteria should the FCC consider as part of its analysis?
Should all FCC licenses be flexible use? In what instances should the Commission exercise control over the service offered? How can the Act enable better use of spectrum, either flexible or specified?
What principles should Congress and the FCC consider when addressing spectrum aggregation limits? How has the converging marketplace and growing demand for services changed the discussion of spectrum aggregation?
How effectively has the FCC used the tools at its disposal to encourage competition?
What is the best balance between mitigating interference concerns and avoiding limiting flexibility in the future? Can engineering and forward-looking spectrum strategies account for the possibility of unanticipated technologies and uses in adjacent spectrum bands? How do we promote flexibility without unreasonably increasing the cost of services and devices? Does the Act provide the FCC tools to address this problem?
What role should NTIA play in the licensing and management of spectrum? Is their current role appropriate and necessary, given the potentially duplicative functions of the FCC and NTIA in spectrum allocation and assignment?
benton.org/node/179578 | House of Representatives Commerce Committee
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TELEVISION
STELA HEARING
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The Senate Commerce Committee launched its Satellite Television Extension and Localism Act (STELA) reauthorization effort with plenty of issues to hash out and numerous signals that the process would be anything but smooth. Most of the witnesses supported renewing the legislation so that the approximately 1.5 million viewers, who get distant signals to compensate for a lack of one or more viewable network affiliated TV station signals in their markets, would not lose access. Broadcasting got plenty of praise for the value of its programming since access to their signals is the primary focus of the bill. Sen Mark Pryor (D-AR), chairman of the Subcommittee, said that the key to the legislation was what was best for consumers, which he suggested was the broadcast programming, relevant news, sports, and "timely weather warnings that can ultimately save lives."
benton.org/node/179664 | Broadcasting&Cable
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CONTENT
UNIFIED COMPENSATION MESSAGE?
[SOURCE: New York Times, AUTHOR: Ben Sisario]
When it comes to the music industry’s lobbying efforts in Washington, it is time for some harmony. That message has gained momentum among music executives, who worry that squabbling among the various players -- record labels, music publishers, artists, songwriters -- will undermine broader initiatives to push for new legislation and regulatory reform. The head of the organization behind the Grammy Awards will host a dinner in Washington attended by some of Capitol Hill’s most powerful lawmakers and call for the industry to set aside its differences and lobby under a single message of fair compensation for all. The speech, to be given by Neil Portnow, the president of the National Academy of Recording Arts and Sciences, will suggest that disparate messages from the different constituencies have stymied previous campaigns and will argue that a single, all-purpose bill is needed, according to industry executives.
benton.org/node/179661 | New York Times
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JOURNALISM
REPORT: UNIVISION, TELEMUNDO SKEW LIBERAL
[SOURCE: Politico, AUTHOR: Hadas Gold]
The main US Spanish-language nightly news programs skew liberal on domestic issues and spent most of their air times in the last few months covering the new health care law, immigration reform, and immigration law enforcement, the conservative-leaning media watchdog group Media Research Center found in a new study. Ken Oliver-Méndez, Director of MRC’s new Spanish-language watchdog group MRC Latino, said in an interview that of the newscasts of Noticiero Univision and Noticiero Telemundo from November through February, 45 percent of stories on US domestic policy issues tilted liberal, 49 percent were balanced or neutral and 6 percent skewed conservative. According to the study, Univision’s stories tilted left 50 percent of the time, were balanced 43 percent and were perceived as conservative 7 percent of the time, while Telemundo’s stories tilted left 54 percent of the time, were balanced 40 percent of the time and tilted conservative 5 percent of the time. The study also found that Democratic surrogates and liberal-leaning groups were featured on both networks more frequently than Republicans or conservative groups, but the group also faulted conservatives for not reaching out more to Latino media.
benton.org/node/179575 | Politico
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STORIES FROM ABROAD
EUROPEAN OPPOSITION TO NETWORK NEUTRALITY
[SOURCE: Financial Times, AUTHOR: Daniel Thomas, James Fontanella-Khan]
The European telecoms industry has formed a rare united front to oppose proposals to guarantee open access to the Internet, which will be voted on by the European parliament soon. The industry is concerned about potential impact on their ability to provide higher Internet speeds or guaranteed access services. The European proposals are part of the connected continent regulation, which will also cut roaming costs and regulate mobile spectrum. Ahead of the vote, a letter has been published highlighting flaws in the plans from four organizations representing the telecoms and cable industry. It argues that misconceptions about the industry, together with a rushed legislative process and a lack of technical analysis, risk creating legislation that is anti-innovation and anti-consumer choice. The industry wants to offer specialized services with enhanced quality, and argues that the proposals would result in a lower quality Internet for all by jeopardizing services such as internet TV and telepresence that is provided to broadband business users at a higher price. The plans also prevent operators from efficiently managing their networks and from providing innovative services that require enhanced levels of quality, such as telemedicine or e-education. However, Neelie Kroes, the EU’s digital agenda commissioner, defended her network neutrality proposal, stressing that it was essential to regulate “specialized services”, which telecom companies want to be able to charge content providers for speedier delivery of their services.
benton.org/node/179659 | Financial Times
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