July 2014

Murdoch's ambitions may take center stage in Sun Valley

Rupert Murdoch will jet into Idaho's Sun Valley for the year's most exclusive tech and media industry gathering, armed with both the money and the appetite for a major deal.

The 83-year-old Twenty-First Century Fox chief executive officer, a regular at investment bank Allen & Co's annual gathering, is in the midst of a deal that would give Fox the firepower to buy a content company.

Fox's 39 percent-owned British Sky Broadcasting Group is negotiating to buy Fox's Sky Italia and its Sky Deutschland subsidiary in a deal that could net Fox as much as $13 billion. Sun Valley will be teeming with CEOs whose companies might fit the bill. Among expected attendees are Time Warner CEO Jeff Bewkes and Viacom CEO Philippe Dauman.

Answers to Common Questions about the E-Rate Modernization Proposal to Get Wi-Fi in ALL Schools and Libraries

Closing the Wi-Fi Gap by connecting all schools and libraries is a laudable goal, but how do the numbers add up over a five-year period? We are on track to free $2 billion in reserves that we are prepared to spend over the next two funding years.

Funds for the following three years would come from two significant changes. First, we would phase down support for non-broadband services, like pagers, email and, over a multi-year period, voice service. Those funds -- nearly $1.2 billion in the E-rate program -- would be repurposed to support Wi-Fi. Second, we would achieve significant cost savings in the program within the new “category two” Wi-Fi bucket (see recent announcement with GSA for example), and for the priority one (proposed to be called “category one”) services we continue to fund through improved pricing transparency and facilitating increased use of consortia-enabled bulk purchasing.

Is anything being done to address non-Wi-Fi connectivity needs in the Chairman’s proposal? Yes. In addition to closing the Wi-Fi gap, the proposal would make E-rate rules fairer so funding for internal connections is available to the vast majority of schools and libraries, rather than just a few. In addition, the proposal would streamline the program and institute reforms to ensure current funds are maximized.

What will this plan mean for rural schools and libraries? The Chairman’s modernization proposal, if adopted, would significantly expand access to Wi-Fi funding in rural areas. The proposal would close the Wi-Fi gap that currently exists in the program -- a change that would enable at least an additional 6 million children, disproportionately in rural areas, to access Wi-Fi and the 21st Century educational tools it enables during the 2015 funding year alone.

What will the effect of this plan be on urban districts? Urban schools will benefit significantly under the Chairman’s proposal.
Does the proposal make E-Rate funding more equitable? Yes. The Chairman’s proposal maintains the basic structure of the E-rate program -- discounts on the services each applicant actually needs, based on their circumstances. The difference is it would require a common sense budget for Wi-Fi spending, which would keep a few big spenders at the front of the line from using all the funding.

[Sohn is Special Counsel for FCC External Affairs, Office of the Chairman; Halley is Associate Chief, FCC Wireline Competition Bureau]

Dems take network neutrality message on the road

Senate Judiciary Committee Chairman Patrick Leahy (D-VT) said that a plan to allow some companies to pay for "fast lanes" on the Internet "runs contrary to every principle I believe the Internet was based on."

Sen Leahy made the comments as part of a field hearing in Burlington (VT), with Rep Peter Welch (D-VT). The two ripped the Federal Communications Commission plans for "fast lanes," and called for tougher FCC regulations to ensure Internet service providers can't give special treatment to some online content. The two argued the fast lanes could lead to a slower Internet for their constituents.

“We’re not going to have an economy in Vermont if we don’t have an accessible Internet,” said Rep Welch, who serves on the House Energy and Commerce Committee and its subcommittee on Communications. “I see this as absolutely essential to the future of Vermont's economy as well as rural America," he added. "We’ve got folks here on the front lines whose access to the Internet is crucial to the jobs that they created, the good jobs that we have in Vermont.”

Sen Leahy said his constituents had "spoken very clearly” on the issue.

New Opportunities in New Mexico’s Indian Country

The Pueblo of Acoma is located in Cibola County (NM), where nearly half of residents (45%) don’t even have access to 3 Mbps broadband, which is less than what’s recommended to stream HD video without problems. Barely 10 % have access to 10 Mbps broadband. We must do better.

In communities like Acoma with low broadband access rates, the local library is often a digital lifeline for area residents. The Federal Communications Commission’s E-Rate program has supported basic Internet access for the Acoma Learning Center. But it could be doing more.

That’s why E-Rate modernization is so important. The Commission will consider a proposal to update and improve the program, making E-Rate dollars go farther, and streamlining the program to make it faster, simpler, and more efficient.

The proposal would also close the gap for Wi-Fi support that currently exists in the program -- a change that would enable an additional 6 million children, disproportionately in rural areas, to access Wi-Fi and the 21st Century educational tools it enables during the 2015 funding year.

One of the key benefits of the E-rate order under consideration is that it will significantly expand access to Wi-Fi funding available for rural areas like Cibola County. Historically urban areas have received nearly 60% of internal connections support despite serving under 30% of all students, while rural applicants are crowded out. With improved rules, over the next 5 years Wi-Fi funding for rural schools would be increased by 75 %. Urban schools will also do better, seeing an increase in support of 60%.

Our E-Rate modernization proposal also commits to enhance the Commission’s Tribal consultation, training, and outreach to better inform and empower Tribal schools to effectively access E-rate funding. Through this effort we seek to gain a better understanding of the current state of connectivity among Tribal schools and libraries to enable the Commission to take steps that will reduce the digital divide and promote high-speed broadband connectivity to Tribal lands.

Treasury Secretary Lew says cybersecurity on agenda for US-China talks

Treasury Secretary Jack Lew said that he will continue to press China toward changing it cybersecurity policies to better protect US companies from intellectual property theft.

Secretary Lew said he hoped to make more progress on closing the gap between the views held by Washington and Beijing over the role governments play in protecting trade secrets during the next round of the US-China Strategic & Economic Dialogue.

"We do not view it as an acceptable practice for governmental entities to participate in the process of securing trade secrets for the economic benefits of firms in their country," Sec Lew said. “We’ve made clear how unacceptable it is for those practices to go on,” he said. “It’s just a difference between how we do business. We just don’t engage in activity like that. We don’t condone it.”

Sec Lew said it is important to continue the cyber discussion, which developed as part of dialogue in 2013. "I'm optimistic that we are going to be able to make some progress again this year," Sec Lew said.

US Manufacturer Wants Commerce Department to Penalize China for Cyberattack

A US solar panel manufacturer whose business secrets were allegedly stolen by Chinese computer hackers has asked the US government to investigate the matter, setting in motion a process that could see the United States impose trade penalties for the first time in response to state-sponsored cyber-espionage against an American company.

In a filing with the Commerce Department on July 1, the US subsidiary of German company SolarWorld, which builds solar panels and equipment, asked officials to investigate allegations contained in a recent criminal indictment accusing five members of the People's Liberation Army with hacking the company's computers and stealing proprietary information.

Prosecutors say that the hackers took SolarWorld's price lists, product designs, and communications between the company and its lawyers in a series of computer incursions that began in 2012. SolarWorld wants Commerce Department officials to question Chinese officials and request documents about Beijing's alleged cyberspying.

Facebook’s Unethical Experiment

[Commentary] Facebook’s methodology raises serious ethical questions. The team may have bent research standards too far, possibly overstepping criteria enshrined in federal law and human rights declarations.

“If you are exposing people to something that causes changes in psychological status, that’s experimentation,” says James Grimmelmann, a professor of technology and the law at the University of Maryland. “This is the kind of thing that would require informed consent.” Ah, informed consent.

Here is the only mention of “informed consent” in the paper: The research “was consistent with Facebook’s Data Use Policy, to which all users agree prior to creating an account on Facebook, constituting informed consent for this research.” That is not how most social scientists define informed consent.

There is a vague mention of “research” in the fine print that one agrees to by signing up for Facebook. As bioethicist Arthur Caplan told me, however, it is worth asking whether this lawyerly disclosure is really sufficient to warn people that “their Facebook accounts may be fair game for every social scientist on the planet.”

Facebook presumably receives no federal funding for such research, so the investigation might be exempt from the Common Rule.

Even if the study is legal, it appears to flout the ethical standards spelled out in instructions to scientists who wish to publish in the Proceedings of the National Academy of Sciences.

“Authors must include in the Methods section a brief statement identifying the institutional and/or licensing committee approving the experiments,” reads one requirement on the journal’s website.

World Cup 2014: Facebook Tops A Billion Interactions

One Billion. That’s how many World Cup-related posts, comments, and likes 220 million people on Facebook have made in the course of conversation since the tournament began on June 12.

Engagement on Facebook around the knockout matches pushed the overall interactions number over the 1 billion mark. Facebook generally sees a large amount of conversation around sporting events, but the World Cup has proven to be a unique moment.

Facebook’s data editors have never measured an event -- sports or otherwise — that has topped a billion interactions.

President Obama asks Cabinet for 'creative' use of executive powers

President Barack Obama asked his Cabinet to help him find more ways to use his executive powers.

“You’ve already seen the power of some of our executive actions making a real difference for ordinary families,” President Obama said. “We’re going to have to be creative about how we can make real progress.”

The President is increasingly relying on executive orders and regulatory moves to move his agenda, despite opposition from House Republicans, who have threatened to sue him over his executive actions, and the Supreme Court, which just ruled that President Obama’s recess appointments were unconstitutional.

“The people who sent us here, they just don’t feel as if anybody is fighting for them or working them,” he said. “We’re not always going to be able to get things through Congress … but we sure as heck can make sure that the folks back home know that we are pushing their agenda and that we’re working hard on their behalf.”

A Bill of Rights for the Online World

[Commentary] The Internet needs concrete, fundamental protections to ensure that it is not abused by those with the power to do so. That is why I was gravely disappointed when the DC Court of Appeals struck down the Federal Communications Commission's 2010 open Internet rules and why in the Senate, I am fighting to protect a free and open Internet.

Open Internet principles are the Bill of Rights for the online world. We should not allow an Internet that is divided into "haves" and "have-nots," where those who can afford to pay drown out the voices of those who cannot.

The FCC is now considering how best to restore open Internet protections. Since FCC Chairman Tom Wheeler began a proceeding to consider new open Internet rules, nearly 300,000 Americans have commented on his proposal.

The message is loud and clear: Americans want an Internet that is a platform for free expression and innovation, and where the best ideas and services can reach consumers based on merit rather than on money.

[Sen Leahy is Chairman of the Senate Judiciary Committee]