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November 2014

STELAR Passes Senate

The just-passed Satellite Television Extension and Localism Act Reauthorization (STELAR) Act, the House reauthorization of the satellite compulsory license, has passed the Senate by unanimous consent after being hotlined. (Hotlining is an off-the-floor way to achieve swift passage in that body by seeking unanimous consent, essentially asking anybody who has objections to register them, and if none are registered, the bill passes. One "nay" vote and the fast-track move fails.)

The bill renews for five years the compulsory license that allows satellite operators to import distant network signals to subscribers lacking a local version. It also sunsets the Federal Communications Commission ban on integrated set-tops, makes several retransmission consent reforms, and reauthorizes the FCC's ability to enforce good faith retransmission negotiations.

Sens Ed Markey (D-MA) and Richard Blumenthal (D-CT) sent a letter to FCC Chairman Tom Wheeler calling on the FCC to use its authority "to ensure that consumers have more choices in set top boxes than merely leasing their boxes from their cable company."

Tech industry sees mixed bag in Obama’s immigration plan

The US tech industry has been fighting for reform of the country's immigration system for years. On Nov 20, President Barack Obama gave the industry what they called welcomed help -- but that's not nearly all they want.

What exactly did President Obama do on immigration policy? First, he has directed the Department of Homeland Security to begin expanding a popular program, Optional Practical Training, that allows foreign students and recent graduates who attended US colleges to work in the country longer. The program already allows so-called STEM workers, those who specialize in science, technology, engineering and math, to stay in the country for an extended period, 29 months. Under Obama's plan, those students and recent graduates would be able to stay longer and what is counted as a STEM worker could be broadened. The details will be worked out by DHS. Acknowledging long-standing complaints that there is currently too little oversight of the OPT program, President Obama called on DHS to ensure that colleges better manage the students and recent graduates who are participating in the program.

President Obama also acted to make it easier for foreign entrepreneurs to come to the United States.

Senate Judiciary approves FOIA reform

The Senate Judiciary Committee approved a bill to update the Freedom of Information Act. The legislation, meant to tweak the law that governs the public's access to government documents, is sponsored by Sens. Patrick Leahy (D-VT) and John Cornyn (R-TX).

The Failed NSA Reform Bill Was a Sham Anyway

[Commentary] The USA Freedom Act failed to advance by a vote of 58 to 42. But a look at some of comments made by Senate Intelligence Committee Chairman Dianne Feinstein (D-CA) during the debate over the bill reveal that protecting Americans' privacy may not have been the only reason she supported the bill.

The bill would have shifted control of Americans' phone records from the National Security Agency (NSA) to telecom companies. The government has repeatedly told courts that under Section 215, the NSA can only ask telecoms for business records they already hold. Yet Feinstein seems to have revealed, perhaps unintentionally, that under the new law the telecom companies would be willing to hold records at least an extra six months just so the government could presumably spy on their customers, if necessary. And to keep the records available under the law, the companies would claim they were keeping the records for business reasons. By doing this orally, no records could be obtained under discovery in a customer lawsuit or could be leaked by an NSA whistleblower like Edward Snowden. The telecoms could claim that they are not agents of the nation's spies, even after they seem to have agreed to a handshake deal making them into just that.

For potential White House contenders, NSA vote has 2016 implications

The split votes of three likely 2016 GOP candidates on a failed National Security Agency reform bill underscore a rift in the Republican Party that could spill over into the presidential primaries.

Sen. Ted Cruz (R-TX) was one of only four Republicans to vote in support of legislation to end the government's bulk collection of Americans' phone records. Sens. Rand Paul (R-KY) and Marco Rubio (R-FL) both helped stall the bill -- but for vastly different reasons. The 2016 campaign could give the potential candidates another platform to highlight their differing stances in the simmering debate over government surveillance.

Obama Administration Considered Ending NSA Phone Records Program In '09, Opted Not To

Years before Edward Snowden sparked a public outcry with the disclosure that the National Security Agency had been secretly collecting American telephone records, some NSA executives voiced strong objections to the program, current and former intelligence officials say. The program exceeded the agency's mandate to focus on foreign spying and would do little to stop terror plots, the executives argued.

Aereo is filing for bankruptcy

Aereo is filing for Chapter 11 bankruptcy, weeks after it said it was laying off dozens of workers in its Boston and New York offices. In a blog post on Aereo's homepage, chief executive Chet Kanojia said the company would undergo a reorganization. "Chapter 11 will permit Aereo to maximize the value of its business and assets without the extensive cost and distraction of defending drawn out litigation in several courts," Kanojia wrote.

Comcast is testing a way to tell you exactly when the cable guy is coming

Comcast, which has been rated the worst company in America for consumers, announced that it's launching a tool aimed at cutting down the time you waste waiting for their technicians. The firm is testing a new feature in its app that will notify customers when a technician is about 30 minutes away -- more precise than the broader two-hour service windows that Comcast offers now. And if the technician gets stuck in traffic or otherwise hung up, the app will provide real-time updates on his or her progress.

In Europe, a Resolution to Break Up Google

Legislators at the European Parliament who have long sought tough antitrust action against Google called on Nov 21 for a resolution suggesting that Google be broken up into separate companies.

The parliament has no formal power over antitrust policy in the European Union, and the resolution, which also covers a range of issues concerning digital consumers in Europe, would be nonbinding. Political groups at the Parliament must make a final decision early next week about whether to include the language affecting Google in the final text of the resolution, which could go to a vote on Nov 27. But if the language is included -- and if the resolution gains widespread support at a full session next week of the European Parliament in Strasbourg, France -- it would probably increase pressure on Margrethe Vestager, the competition commissioner, to bring formal charges against Google.

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