May 23, 2014 (NSA Overhaul Passes in House)
BENTON'S COMMUNICATIONS-RELATED HEADLINES for FRIDAY, MAY 23, 2014
Next week’s events http://benton.org/calendar/2014-05-25--P1W/
GOVERNMENT & COMMUNICATIONS
House Passes Bill Overhauling NSA Phone Program
House reformers claim victory over NSA [links to web]
Why 76 lawmakers just voted against their own bill to reform the NSA
A Surveillance Bill That Falls Short - NYTimes editorial
Microsoft Challenged Secret FBI Request for Data About Customer [links to web]
PRIVACY/SECURITY
Assessing Cybersecurity Regulations - press release
Fight Over 'Do Not Track' Web Rules
'Do not track'? Oh what the heck, go ahead
Facebook Privacy Update: Making It Easier to Share With Who You Want - press release
Is Government Forcing a Secure Smartphone Revolution? [links to web]
Why Does The Air Force Spend Twice As Much To Hack Than To Deflect Threats? [links to web]
Senators take on cyber spying [links to web]
Sen Schumer presses Froman to file trade case against China over cyber spying [links to web]
Right to be forgotten? Forget about it - AEI op-ed [links to web]
The Internet Companies That Protect Your Privacy When the Government Starts Prying [links to web]
US Case Offers Glimpse Into China’s Hacker Army [links to web]
INTERNET/BROADBAND
House votes to delay NTIA's Internet shift
Republican Senators Seek Hearing On ICANN Hand-off [links to web]
Video: How net neutrality shifts may impact diversity online
Behind the scenes with Google Fiber: Working with content providers to minimize buffering - press release
What is Google’s endgame for broadband?
USDA Announces Funding for Advanced Communications Technology in Rural Areas - press release
Sen Thune Calls on Congress to Permanently Stop Taxes on Internet Access - press release [links to web]
Cops: Don’t ban online gambling [links to web]
Ambitious Cox Gigabit Broadband Plans Revealed [links to web]
OWNERSHIP
Comcast ‘Goliath’ Seen Buoyed by AT&T-DirecTV in Review
AT&T and DirecTV Team Up Against Customers - op-ed
SPECTRUM/WIRELESS
Spectrum Sharing: Let’s Walk Before Running - AT&T press release [links to web]
DirecTV Investor Sues to Block AT&T $48 Billion Takeover [links to web]
AT&T Will Retain U-verse TV, Won’t Force Customers to Switch to DirecTV [links to web]
Is a mandatory kill switch the solution to smartphone theft? [links to web]
FreedomPop joins the ranks of carriers offering limited “unlimited” data plans [links to web]
Google is working with Ruckus Wireless to build a Wi-Fi network in the cloud [links to web]
TELECOM
A cacophony of woe over indecipherable AT&T bill - analysis
JOURNALISM
Readers Say a ‘Net Neutrality’ Vote Was Reported Upside Down and Backward - editorial
CONTENT
If a high-quality site like Metafilter can be crushed by Google, what hope do other sites have?
Welcoming a New Voice in Copyright Reform -- The Authors Alliance - press release [links to web]
6 Types of Pirates Hollywood Combats [links to web]
DIVERSITY
Jesse Jackson presses Facebook on lack of diversity
TELEVISION
Repeaters Integral To Next-Gen Mobile Future [links to web]
ELECTIONS AND MEDIA
Nearly $100 million in campaign cash sits idle [links to web]
GOVERNMENT PERFORMANCE
House Passes Federal IT Reform Yet Again, This Time With Defense Bill [links to web]
GOVERNMENT & COMMUNICATIONS
HOUSE PASSES NSA OVERHAUL
[SOURCE: Wall Street Journal, AUTHOR: ]
The US House of Representatives passed a bill overhauling the National Security Agency's heavily criticized telephone-surveillance program -- the first legislative move responding to revelations about the agency's spying by former government contractor Edward Snowden nearly a year ago. The bill, which passed 303-121, would restructure the way the NSA collects and searches Americans' phone records as it investigates terrorism. Instead of collecting millions of Americans' phone records en masse, the NSA will ask phone companies to query their databases for connections to suspicious phone numbers. The fate of the bill now lies with the Senate, where the measure received a key endorsement from Senate Judiciary Committee Chairman Patrick Leahy (D-VT)). He said his committee will take up the bill next month. However, the House bill faced last-minute opposition from lawmakers concerned that the measure's language had been revised in a way that would expand the scope of spy agency data searches. Critics have vowed to pursue a more restrictive version of the provisions in the Senate. "While far from perfect, this bill is an unambiguous statement of congressional intent to rein in the out-of-control NSA," said Laura Murphy of the American Civil Liberties Union. "We will fight to secure additional improvements in the Senate."
benton.org/node/184594 | Wall Street Journal | Politico | Washington Post
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WHY 76 LAWMAKERS JUST VOTED AGAINST THEIR OWN BILL TO REFORM THE NSA
[SOURCE: Washington Post, AUTHOR: Andrea Peterson]
The House passed the USA Freedom Act, a bill aimed at reforming the National Security Agency's bulk collection of domestic phone records. But the version of that bill was different from the one that was recently approved by the House Intelligence and Judiciary Committees. The new version from the House Rules Committee, privacy advocates say, significantly weakened the reform and included loopholes that could potentially allow bulk data collection on US citizens to continue. Privacy advocates weren't the only ones upset about the changes. Many co-sponsors of the original version were also concerned. In fact, a Washington Post analysis of the votes shows that 76 of the 152 co-sponsors of the earlier version voted against passage of the altered version on the House floor. So, half of the co-sponsors ended up voting against what was supposed to be their own NSA reform bill. That includes Rep Jared Polis, (D-CO), who released a press statement about his change of heart after the vote. “Unfortunately, the USA Freedom Act, which I cosponsored as introduced, has been watered down and co-opted to the point that it creates the possibility that NSA could misuse the bill- contrary to the legislative intent- to conduct broad searches of communication records," Polis said.
benton.org/node/184636 | Washington Post
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A SURVEILLANCE BILL THAT FALLS SHORT
[SOURCE: New York Times, AUTHOR: Editorial staff]
[Commentary] A year ago, it would have been unimaginable for the House to pass a bill to curtail the government’s abusive surveillance practices. The documents leaked by Edward Snowden, however, finally shocked lawmakers from both parties into action, producing promises that they would stop the government from collecting the telephone data of ordinary Americans and would bring greater transparency to its domestic spying programs. Unfortunately, the bill passed by the House falls far short of those promises, and does not live up to its title, the USA Freedom Act. Because of last-minute pressure from a recalcitrant Obama administration, the bill contains loopholes that dilute the strong restrictions in an earlier version, potentially allowing the spy agencies to continue much of their phone-data collection. Still, the bill finally begins to reverse the trend of reducing civil liberties in the name of fighting terrorism, as embodied in various versions of the Patriot Act. And if the Senate fixes its flaws, it could start to rebuild confidence that Washington will get the balance right.
benton.org/node/184656 | New York Times
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PRIVACY/SECURITY
ASSESSING CYBERSECURITY REGULATIONS
[SOURCE: The White House, AUTHOR: Michael Daniel]
Executive Order (EO) 13636, “Improving Critical Infrastructure Cybersecurity,” called on Executive Branch agencies to assess whether and how existing cybersecurity regulation could be streamlined and better aligned with the Cybersecurity Framework launched in February 2014. The EO directs Executive Branch departments and agencies with responsibility for regulating the security of private-sector critical infrastructure to: (1) assess the sufficiency of existing regulatory authority to establish requirements based on the Cybersecurity Framework to address current and projected cyber risks; and (2) identify proposed changes in order to address insufficiencies identified. The Cybersecurity Framework articulates a risk management approach based on best practices and globally recognized standards. It is a voluntary tool that organizations can use to strengthen cyber risk management. After extensive research, we determined that the following departments and agencies were required to submit reports: Environmental Protection Agency (drinking water and waste-water), Department of Health and Human Services (medical devices, electronic health records, health exchanges), and the Department of Homeland Security (chemical facilities and transportation). I encourage you to read their individual reports.
benton.org/node/184630 | White House, The | nextgov
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FIGHT OVER ‘DO NOT TRACK’
[SOURCE: Wall Street Journal, AUTHOR: Rolfe Winkler]
Small advertising-technology companies are complaining that proposals meant to protect Internet users from being tracked online will end up benefiting the likes of Facebook and Google. Their concerns surround how online-advertising companies would work with "do not track" buttons that have been added to Web browsers. Such buttons enable users to send online-advertising companies a message that they don't want to be tracked, but there are no rules that force the advertising companies to comply. The dispute is the latest potential setback to the years-long effort to let Internet users shield their browsing habits from marketers.
benton.org/node/184651 | Wall Street Journal
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'DO NOT TRACK'? OH WHAT THE HECK, GO AHEAD
[SOURCE: IDG News Service, AUTHOR: Zach Miners]
Chalk up another victory for corporate surveillance: Five years after advocates came up with an easy way to let you browse the Web with just a little privacy, the Do Not Track system is in tatters and that pair of boots you looked at online in April is still stalking you from website to website. With a single browser setting, these advocates thought, users would be able to communicate a preference for their privacy. It would be easier than downloading add-on software or creating a blacklist of specific companies to block. Do Not Track, or DNT, would be the Web's version of the telemarketer Do Not Call list. Today DNT hangs by a thread, neutered by a failure among stakeholders to reach agreement. Yes, if you turn it on in your browser, it sends a signal in the form of an HTTP header to Web companies' servers. But it probably won't change what data they collect. That's because most websites either don't honor DNT -- it's currently a voluntary system -- or they interpret it in different ways. Another problem -- perhaps the biggest -- is that Web companies, ad agencies and the other stakeholders have never reached agreement on what "do not track" really means. Web users who are hopeful about DNT got a small boost in California. State Attorney General Kamala Harris issued guidelines to help companies comply with a new state law requiring them to disclose whether they honor users' DNT requests. But the law doesn't force them to use the system.
benton.org/node/184576 | IDG News Service
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MAKING IT EASIER TO SHARE WITH WHO YOU WANT
[SOURCE: Facebook, AUTHOR: Press release]
On Facebook you can share whatever you want with whomever you want, from a one-to-one conversation, to friends or to everyone. While some people want to post to everyone, others have told us that they are more comfortable sharing with a smaller group, like just their friends. We recognize that it is much worse for someone to accidentally share with everyone when they actually meant to share just with friends, compared with the reverse. So, going forward, when new people join Facebook, the default audience of their first post will be set to Friends. Previously, for most people, it was set to Public. Over the next few weeks, we’ll start rolling out a new and expanded privacy checkup tool, which will take people through a few steps to review things like who they’re posting to, which apps they use, and the privacy of key pieces of information on their profile.
benton.org/node/184573 | Facebook | Washington Post | Revere Digital
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INTERNET/BROADBAND
HOUSE VOTES TO DELAY PRESIDENT OBAMA'S INTERNET SHIFT
[SOURCE: The Hill, AUTHOR: Kate Tummarello]
The House voted to delay the National Telecommunications and Information Administration’s plans to relinquish the United States' oversight of fundamental Internet functions. In a 245-177 vote -- including 17 Democrats -- the House approved a Republican amendment that would halt the Administration’s plans to end its contract with the company that coordinates Internet addresses. The measure was introduced by Rep John Shimkus (R-IL) as an amendment to the National Defense Authorization Act, which just passed. Rep Shimkus’s amendment would require the Government Accountability Office to conduct a study before the Commerce Department can proceed with its plans to hand off its oversight role of the system. The administration has defended its plans, pledging to ensure that the new oversight mechanism will be structured to keep governments and multi-government groups from controlling the Internet. In a floor speech touting his amendment, Rep Shimkus pushed back on those assurances from the Commerce Department. “While the administration says it won’t accept a proposal that puts the Internet in the hands of another government or government-led entity, there’s no guarantee that won’t happen after the initial transfer takes place,” he said. “But one thing is for sure: Once our authority is gone, it’s gone for good.”
benton.org/node/184605 | Hill, The | House Commerce Committee
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VIDEO: HOW NET NEUTRALITY SHIFTS MAY IMPACT DIVERSITY ONLINE
[SOURCE: Columbia Journalism Review, AUTHOR: Tracie Powell]
Will the Federal Communications Commission’s proposed new rules governing Internet traffic further hurt those whose views and voices are already underrepresented in mainstream media? Columbia Journalism Review moderated a 45-minute video chat with media entrepreneurs including Davey D, an independent journalist; Kelly Virella, who founded online hyperlocal magazine Dominion of New York and will soon launch a longform journalism publication called The Urban Thinker; and Loris Taylor, president and CEO of Native Public Media, which promotes healthy, engaged, and independent Native communities in the US through media access, control, and ownership. The trio discussed how they already face an uphill battle when it comes to grabbing eyeballs and advertising dollars from larger, better-funded and staffed competitors. If the FCC adopts new rules that will allow prioritization of some content -- and some content providers -- over others, it will mean game over for them as well as other digital media innovators, they said. They also argue that the end of net neutrality would not only deepen the digital divide, but would stifle innovation and creativity by discouraging the development of new media ventures, particularly those founded by people of color or that seek to serve diverse communities.
benton.org/node/184592 | Columbia Journalism Review | see the video
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BEHIND THE SCENES WITH GOOGLE FIBER: WORKING WITH CONTENT PROVIDERS TO MINIMIZE BUFFERING
[SOURCE: Google, AUTHOR: Jeffrey Burgan]
We’ve all had the moment where we scratch our heads and ask, “why is this video so slow?” Unfortunately, there’s no single answer to this question. Your video ‘packets’ of online bits and bytes have to travel a really long way, along several different networks, just to get to you, and they could be slowed down anywhere. So, because we know you want to stream videos and browse effortlessly, we’ve designed our network to minimize buffering. Bringing fiber all the way to your home is only one piece of the puzzle. We also partner with content providers (like YouTube, Netflix, and Akamai) to make the rest of your video’s journey shorter and faster. (This doesn't involve any deals to prioritize their video ‘packets’ over others or otherwise discriminate among Internet traffic -- we don't do that.) So that your video doesn’t get caught up in this possible congestion, we invite content providers to hook up their networks directly to ours. This is called ‘peering,’ and it gives you a more direct connection to the content that you want.
benton.org/node/184588 | Google | GigaOm | ars technica | B&C
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WHAT IS GOOGLE’S ENDGAME FOR BROADBAND?
[SOURCE: Washington Post, AUTHOR: Brian Fung]
Marc Andreessen, the Silicon Valley investor and the creator of the first widely used Web browser, thinks it won't be long until most places have three, four or even five ways to connect to the Internet. You've got your traditional broadband providers in the cable companies. Then you've got your other traditional providers in the telecom industry. You've got your wireless companies, some of whom envision serving mobile data to you at speeds comparable to fixed wireline cable. And then you've got new entrants like Google Fiber, which has the luxury of having seen how all the other providers approached the problem and can now think of ways to do it differently. In fact, Google Fiber could become so good at rethinking the broadband industry that it winds up being a global phenomenon, says Andreessen. Still, despite the prospect of Google someday becoming another connectivity behemoth like Comcast or Verizon, one thing sets it apart. For now, at least, it has no interest in creating Internet "fast lanes" or signing paid interconnection agreements with companies like Netflix. As Google Fiber spreads, chances are it will try to promote those values as a way of standing out from the crowd.
benton.org/node/184590 | Washington Post
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USDA ANNOUNCES FUNDING FOR ADVANCED COMMUNICATIONS TECHNOLOGY IN RURAL AREAS
[SOURCE: Department of Agriculture, AUTHOR: Press release]
Agriculture Secretary Tom Vilsack announced that US Department of Agriculture (USDA) is accepting applications for grants to enhance telecommunications and broadcast services in rural areas. The funding is available from the Community Connect Grant Program, the Distance Learning and Telemedicine Program, and the Public Television Station Digital Transition Grant Program. Through the Community Connect Grant Program, USDA plans to provide up to $13 million to fund broadband in unserved areas to support economic growth and deliver enhanced educational, health care and public safety services. Awardees must serve an area where broadband does not exist, provide a community center with broadband access, and offer broadband service to all residential and business customers. Also, USDA is making available up to $19.3 million in Distance Learning and Telemedicine (DLT) program grants to fund access to rural education, training and health care resources. The DLT program finances telecommunications-enabled equipment and advanced technologies for people who live and work in rural areas.
benton.org/node/184602 | Department of Agriculture
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OWNERSHIP
COMCAST DEAL BUOYED BY AT&T-DIRECTV
[SOURCE: Bloomberg, AUTHOR: David McLaughlin]
AT&T’s deal for satellite-TV provider DirecTV is a boon for Comcast as the biggest US cable company tries to win antitrust approval to take over Time Warner Cable. By acquiring DirecTV, AT&T will get the scale to compete more effectively against a combined Comcast-Time Warner Cable, making that transaction appear less threatening to regulators, said Herbert Hovenkamp, a law professor at the University of Iowa. “This merger will improve Comcast’s chances,” Hovenkamp said. “What you want to do in a merger case is show that there are other competitors out there and as a result any opportunity to behave anticompetitively is going to be disciplined by this other competitor.” With DirecTV, AT&T will be able to combine services it can sell to customers, including mobile phone, Internet and television, Hovenkamp said. The antitrust review of the two deals will look at the “cluster market” for the bundle of services the companies sell, he said. “The players who are going to come out ahead are the ones that can make these technologies piggy-back on each other or blend in together, and that’s what AT&T is attempting to do,” Hovenkamp said. The question for antitrust regulators reviewing the Comcast-Time Warner Cable deal is how much competition from other providers really matters, said Amanda Wait, an antitrust lawyer at Hunton & Williams LLP in Washington. With AT&T combining with DirecTV, Comcast gains a stronger argument that the competition is real, she said. “Instead of being David versus Goliath, it’s more like Goliath versus Goliath,” Wait said about the two companies. “Comcast will say we’re not going to be able to raise prices. We have to compete with AT&T and AT&T is going to be huge.”
benton.org/node/184653 | Bloomberg
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AT&T AND DIRECTV TEAM UP AGAINST CUSTOMERS
[SOURCE: Bloomberg, AUTHOR: Susan Crawford]
[Commentary] Just when you thought the information infrastructure industry in America couldn't be consolidated any further, AT&T has announced another merger. It's one more megadeal that promises to provide the giant carrier with more opportunities to increase its profits, while not moving the country any closer to being competitive on the global informational stage. What's really going on is that companies are recognizing that the satellite industry can't survive. Given this reality, DirecTV needs to be rescued. Meanwhile, AT&T wants to maintain the status quo. Although it is primarily a wireless company, AT&T still has some wired operations, and is looking to hang on to the customers it already has in a quarter of the country for U-Verse, its bundled pay TV and data product. At the same time, it plans to abandon (rather than upgrade) many of its other wired customers, sell them on its more-profitable wireless services instead, and cede wired subscriptions in the rest of the country to the dominant cable operators. We'll become two Americas: poorer people and people in rural areas depending on wireless smartphones, and richer people paying through the nose for expensive bundled services. [Crawford is a professor at the Benjamin N. Cardozo School of Law]
benton.org/node/184583 | Bloomberg
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TELECOM
INDECIPHERABLE TELECOM BILLS
[SOURCE: Los Angeles Times, AUTHOR: David Lazarus]
[Commentary] I receive complaints almost every day from consumers who say their phone, cable and satellite bills are too darn hard to decipher. Emily Rusch, executive director of the California Public Interest Research Group, said it appears that telecom companies go out of their way to make it difficult for customers to know what they're paying for. "Consumers are less likely to challenge a fee or cancel an optional service if they don't understand their options," she said. Telecom companies should be required to break down their bills in plain English, making clear what each charge or credit is for, as well as spelling out which charges are required by government entities and which ones are from the company. Bills also should include the Web address of a site where customers can obtain a more detailed accounting of statements, with plain-English explanations of each fee and tax. The Federal Communication Commission has so-called truth-in-billing rules that require "non-misleading, plain language" on phone bills. But this isn't good enough. All telecom bills should be required to be truthful, and that includes honest explanations of what you're paying for.
benton.org/node/184649 | Los Angeles Times
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JOURNALISM
READERS SAY A ‘NET NEUTRALITY’ VOTE WAS REPORTED UPSIDE DOWN AND BACKWARD
[SOURCE: New York Times, AUTHOR: Margaret Sullivan]
[Commentary] Should a speedy Internet be available to everyone equally or are some users, in Orwell’s terms, “more equal than others”? Should there be “haves” and “have-nots” on the Internet, with the winners being large corporate or commercial users, as opposed to small businesses or regular people? That’s the essence of the debate behind the high-stakes subject of “net neutrality,” which the Federal Communications Commission voted on recently. “I’ve long become accustomed to news articles as well as editorials in the Times asserting that black is white or white is black, but for you to insist that the actions of the FCC will protect and enhance Internet neutrality is way over the top,” wrote one reader, William Edwards. And another, Robert Ofsevit, wrote a detailed critique, comparing the headline in The Times, “FCC Vote Paves the Way for New Open Internet Rules” unfavorably with a more direct headline on a Reuters story that ran on Huffington Post: “FCC Votes for Plan to Kill Net Neutrality.” He wrote: “The writer denigrates and marginalizes ‘some opponents’ of Chairman Wheeler’s plan, and “net neutrality purists” who view the plan as killing net neutrality. In fact, these are not fringe views held only by ‘purists.’” My take: I’m with the critics on this one. While I’m no expert, I don’t think the issues here really are all that muddy. Maybe this makes me a purist, but as I see it, this FCC vote was a clear strike against the commonly understood idea of net neutrality, and The Times should have written and presented it that way.
benton.org/node/184610 | New York Times
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CONTENT
IF A HIGH-QUALITY SITE LIKE METAFILTER CAN BE CRUSHED BY GOOGLE, WHAT HOPE DO OTHER SITES HAVE?
[SOURCE: GigaOm, AUTHOR: Mathew Ingram]
For long-time web users, the layoffs announcement from Metafilter -- a pioneering online community that has been around since 1999 -- was a little like hearing that an old friend is in hospital with a fatal illness: founder Matt Haughey said that due to a dramatic decline in traffic and related advertising revenue, the site has had to lay off several of its moderators and is essentially on financial life-support. And the name at the center of this drama likely won’t come as much of a surprise: Google. Haughey describes how traffic to the site suddenly cratered in mid-2012, with visits falling by more than 40 percent. At around the same time, Google was rolling out an update to its indexing algorithm -- an update known as Panda -- which was designed to promote high-quality content and down-grade spam sites, as well as those using a variety of search-engine optimization or SEO tricks. As with most things involving Google and its algorithms, what happened to Metafilter is almost impossible to diagnose, because the search giant’s methods -- and the motivation for any changes -- are a black box. Haughey theorizes that the change occurred around the Panda update and was exacerbated by subsequent updates, but Search Engine Land founder and Google expert Danny Sullivan pointed out that the dramatic drop-off in traffic doesn’t really line up with any of the company’s major algorithm tweaks.
benton.org/node/184608 | GigaOm
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DIVERSITY
TECH DIVERSITY
[SOURCE: San Francisco Chronicle, AUTHOR: David Baker]
Jesse Jackson isn’t keeping quiet about the lack of diversity in the tech industry’s ranks. He is pressing Facebook, eBay, Google and Hewlett-Packard to include more minorities on their boards and within their executive ranks. “At its best, technology can be a tremendously positive change agent for the world,” Jackson said. “At its worst, it can hold on to old patterns that exclude people of color and women from opportunity and advancement. Silicon Valley and the tech industry must transform itself to mirror the America it depends upon for talent and customers.” Staff diversity among tech companies has come under increasing scrutiny, with many critics decrying a “bro culture” that often tends to be white and male. Jackson and his Rainbow PUSH Coalition are trying to focus some of that attention on the lack of diversity in the tech world’s board rooms and C-suites.
benton.org/node/184647 | San Francisco Chronicle
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