December 2014

[Commentary] We keep hearing that the Federal Communications Commission should reclassify broadband as a telecommunications service and subject it to a litany of new rules and fees in order to protect and preserve the open Internet. The theory is that reclassification is the only way to really enforce open Internet rules, despite the fact that the FCC has almost entirely prevented open Internet violations under its current authority, overseeing broadband as an information service. What’s more, reclassification would not prevent the creation of fast lanes  -- as long as they’re dubbed “differentiated services” ISPs have leeway under Title II to create new levels of priority service.

So what, then, is the real reason some folks are so hot and heavy for reclassification? It comes down to popularity. In the absence of a real understanding of how the FCC’s authority works and what its proposed rules actually mean, it’s been easy to create a compelling narrative around the theory that preserving the open Internet requires reclassification. Despite evidence that the FCC can effectively enforce its open Internet rules without reclassification, the way things are playing out, popularity may trump sound policymaking in the end.

[Kristal Taylor is, according to her blog post, a "momtrepreneur, innovator, advocate, legal mind - creative spirit, blogger, dichotomous conundrum, duplexity of complexity, shaken not stirred, lover of life"]

Rep Elijah Cummings (D-MD) is asking Sony Pictures for more information on the recent cyberattack.

“Sony's knowledge, information and experience will be helpful as Congress examines federal cybersecurity laws and any necessary improvements to protect sensitive consumer and government financial information,” said Rep Cummings in his letter. “The increasing number and sophistication of cyberattacks on both public and private entities post a clear and present danger to our national security and highlight the urgent need for greater collaboration to improve data security.” Rep Cummings requested Sony provide a description of all data breaches the studio has experienced over the last year, including the data exposed and the malware used in the attack. He also asked for details on any security improvements Sony has undertaken over the last year.

On December 10, 2014, Federal Communications Commission Chairman Tom Wheeler responded to a letter from Rep Robert Hurt (R-VA) which raised concerns by Virginia law enforcement officials regarding the FCC's inmate call service (ICS) proceeding, fearing that the elimination of site commissions may ultimately result in cuts to inmate programs funded by such commissions.

Chairman Wheeler wrote, "To address the concerns you have raised on behalf of law enforcement officials, the Further Notice seeks comment on whether correctional institutions incur any costs in the provision of lCS and, if so, how facilities should recover such costs if the FCC otherwise determines to prohibit the use of site commissions. Finally, the Further Notice seeks comment on providing a multi-year transition period to provide sufficient time for correctional facilities to adjust their budgets." Chairman Wheeler assured Rep Hurt that the FCC will take into consideration the issues and concern presented by all stakeholders engaged in this proceeding, including representatives of the law enforcement community, and reaffirmed the goal of the Further Notice is to reform the ICS system comprehensively, while also ensuring appropriate cost recovery and transition periods for correctional facilities.