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January 2015

Update Privacy Laws for the Digital Age

[Commentary] Americans routinely are bombarded with news stories about invasive new surveillance technologies. But Congress has yet to pass even the most basic legislation on the issue: a bill to ensure that law-enforcement agents cannot read Americans' private e-mails without search warrants. We will be reintroducing legislation to update the Electronic Communications Privacy Act (ECPA) and safeguard the privacy of e-mail and other information stored in "the cloud."

In the 113th Congress, the Senate Judiciary Committee unanimously approved this bipartisan bill, but it has yet to become law. The proposal we will soon introduce requires the government to obtain a search warrant, based on probable cause, before searching through the content of Americans' e-mail or other electronic communications stored with a service provider such as Google, Facebook, or Yahoo!. The government is already prohibited from tapping our phones or forcibly entering our homes to obtain private information without warrants. The same privacy protections should apply to our online communications. Congress should pass ECPA reform this year, and President Barack Obama should sign these important privacy reforms into law.

Cybersecurity is a mess, but President Obama can learn a few things from Estonia – and Eugene Kaspersky

Eugene Kaspersky, who runs the Kaspersky Lab security group, cautioned that cybercrime has evolved to rival the sophistication of states. “A few years ago, there was criminal malware, and state-sponsored malware, and the difference [was] like a car and a space shuttle. Now, many criminals, unfortunately, the evolution in cybercrime is such that they are very professional.”

Governments are still struggling to come up with effective ways to respond to threats posed by cyberattacks and cyberespionage. They would be well advised to look toward Estonia for advice on how to do so. After a 2007 attack, Estonia overhauled its approach to cyberdefense, introducing a systematic chain-of-command that ensures a swift reaction to future attacks. In 2009, the country passed an Emergency Act which mandates that all vital services must retain the majority of their capacity in the event that they are disconnected from the Internet. So while nations like Denmark and Australia are scrambling to develop offensive cyber capabilities, the centralizing reforms in Singapore and Estonia may actually be a simpler, more effective way of combatting cyberthreats.

What Happens if Apple Drops Google From Its Browser?

[Commentary] When Google reports its fourth-quarter earnings, one subject that is almost guaranteed to come up is the prospect that Apple could replace Google as the default search engine on Safari, the basic browser on all of its devices. The search contract between the companies is believed to be up for renewal in 2015.

So let’s say that Apple dumps Google in favor of another search engine like Yahoo or Microsoft’s Bing. How bad would that be for Google? According to various reports from analysts, the impact on Google’s bottom line would be minimal. There’s even an argument that it could come out ahead. Central to these analyses are two questions that are difficult to answer. The first: How much does Google pay Apple to be the default search engine on iPhones, iPads and Macs? Estimates are all over the place, from 35 percent to 80 percent of the revenue made for searches that go through the Google search bar. The second: If Apple put a new search engine on Safari, how many people would just switch back to Google?

Advocates want to hear from AG nominee on Aaron Swartz

Civil liberty and public interest groups want President Barack Obama’s Attorney General nominee to answer questions about a cybersecurity law used to charge Internet activist Aaron Swartz, who subsequently killed himself.

The groups are pressing Sen Al Franken (D-MN) to ask nominee Loretta Lynch how the Justice Department, under her leadership, would interpret the Computer Fraud and Abuse Act, a 1986 law that prohibits a number of abuses, such as trespassing on computer systems. “Her confirmation hearing offers a unique opportunity to jumpstart that debate and to push for meaningful CFAA reform,” the groups wrote in a letter to Sen Franken. “Given your admirable record on these issues, we ask you to take the lead once again by pressing these important issues at this critical moment.” Critics say the law is overly broad, which could allow authorities to prosecute innocuous cases like violating a website’s terms of service agreement. They also criticize the “draconian sentencing regime” within the law.

Cable’s next step: Offer “virtual” cellular service

Cable companies have long hinted at using Wi-Fi as a kind of a poor-man’s cellular, and Cablevision’s new Freewheel service is the perfect example. Pricing starts at $9.95 a month, which is very cheap if you’re willing to forgo a mobile connection. But no Wi-Fi network has the umbrella coverage of a mobile network, nor can it support the handoff necessary for customers to move through a city without losing their connections.

If Cablevision wants to make its mobile service truly mainstream, well then it needs to support true mobility. There will be a lot of bumps along the way before a Cablevision phone service could match the reliability and availability of a Verizon service, but Wi-Fi technology is evolving to behave a lot more like cellular. Eventually technologies like Hotspot 2.0 will automatically connect us to available Wi-Fi using an encrypted link, and Next Generation Hotspot technology will allow one access point to hand off a voice call to another access point. But in the meantime, you can’t beat $10 a month.

How Broadcast Networks Covered Climate Change In 2014

The total coverage of climate change on ABC, CBS, NBC, and Fox continued to increase for the third consecutive year, according to a Media Matters analysis, yet still remained below the level seen in 2009. Coverage on the networks' Sunday shows reached a six-year high after a group of Senators demanded they provide more coverage of the issue, but the Sunday shows still infrequently interviewed scientists.

5G Network Requirements: 10 Gig, Ultra-Low-Latency?

The wireless industry is considering 5G performance targets of 10 Gbps and 1 millisecond-latency. Those targets will require the use of higher frequency spectrum, along with considerable innovation in antenna technology and the use of new signaling and modulation schemes. Because of these challenges and because carriers worldwide are still making considerable investment in LTE, some don't expect 5G deployment to occur until 2025, with some trial deployments occurring sooner.

Canada tracks millions of downloads daily: Snowden documents

Canada's electronic spy agency sifts through millions of videos and documents downloaded online every day by people around the world, as part of a sweeping bid to find extremist plots and suspects. Details of the Communications Security Establishment project dubbed "Levitation" are revealed in a document obtained by US whistleblower Edward Snowden.

Under Levitation, analysts with the electronic eavesdropping service can access information on about 10 to 15 million uploads and downloads of files from free websites each day, the document says. "Every single thing that you do -- in this case uploading/downloading files to these sites -- that act is being archived, collected and analyzed," says Ron Deibert, director of the University of Toronto-based Internet security think-tank Citizen Lab, who reviewed the document.

January 28, 2015 (Apple's Profits; AT&T's Losses; NSA's Collections)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for WEDNESDAY, JANUARY 28, 2015

Tech policy 2015: The year ahead http://www.benton.org/calendar/2015-01-28


WIRELESS/SPECTRUM
   FCC Enforcement Advisory Warning that Wi-Fi Blocking is Prohibited - public notice
   FCC Chairman Wheeler on Protecting Consumers From Hotel Wi-Fi Blocking - press release
   Remarks of FCC Commissioner Rosenworcel on State of Wi-Fi - speech

INTERNET OF THINGS
   FTC Report on Internet of Things Urges Companies to Adopt Best Practices to Address Consumer Privacy and Security Risks - press release
   The challenges of standards in industrial Internet of Things - analysis [links to web]
   How can the government stop the Internet of perceived risks? - analysis [links to web]
   Internet of things needs global privacy push, says UK regulator

INTERNET/BROADBAND
   Google Fiber is coming to Atlanta, Charlotte, Nashville and Raleigh-Durham - press release
   Google: Strong net neutrality rules won’t hurt the future rollout of Google Fiber [links to web]
   Congress: You can’t fool the public on net neutrality - Fight for the Future op-ed [links to web]
   Remarks by NTIA Assistant Secretary Strickling on DNS Transition - speech
   Republicans shine spotlight on Internet management system [links to web]

OWNERSHIP
   Comcast-Time Warner Cable merger is no longer viewed as inevitable
   Comcast pays back overdue franchise fees to get city’s merger approval

EDUCATION
   California Schools to Get Help with Broadband Infrastructure [links to web]

SECURITY/PRIVACY
   Collection of Foreigners’ Data Began Before Congress Backed It, Papers Show
   Lawmakers see momentum for legislation on data breaches [links to web]
   Justice Department fears tech 'zone of lawlessness' [links to web]
   EFF’s Game Plan for Ending Global Mass Surveillance - press release [links to web]
   Rep Jared Polis wants US intelligence to monitor Sen Marco Rubio 24/7 [links to web]
   Appointment of Members to the Downloadable Security Technology Advisory Committee - FCC public notice [links to web]

DIVERSITY
   White House tech chief hits Hollywood for gender bias
   The head of the FTC wants to ensure tech companies have enough women and minorities [links to web]

GOVERNMENT & COMMUNICATIONS
   Feds get a how-to guide for responding to social media hacks [links to web]

COMPANY NEWS
   Apple reports largest profit in history [links to web]
   AT&T Secured More Lucrative Long-term Wireless Contracts [links to web]

STORIES FROM ABROAD
   France Seeks to Sanction Web Companies for Posts Pushing Terror [links to web]
   Cuban youth Build Secret Computer Network Despite Wi-Fi Ban [links to web]
   Internet of things needs global privacy push, says UK regulator
   Fears grow for freedom of expression in South Korea [links to web]

MORE ONLINE
   What Do Americans Hate More: Their Internet Providers or Their Government? [links to web]
   Mindshare Study: Consumers Unbundling ‘More Than Just TV’ [links to web]
   We’re All Spending a Lot More Time Playing Mobile Games [links to web]

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WIRELESS/SPECTRUM

FCC ENFORCEMENT ADVISORY WARNING THAT WI-FI BLOCKING IS PROHIBITED
[SOURCE: Federal Communications Commission, AUTHOR: Public Notice]
Willful or malicious interference with Wi-Fi hot spots is illegal. Wi-Fi blocking violates Section 333 of the Communications Act. The Federal Communications Commission Enforcement Bureau has seen a disturbing trend in which hotels and other commercial establishments block wireless consumers from using their own personal Wi-Fi hot spots on the commercial establishment’s premises. As a result, the Bureau is protecting consumers by aggressively investigating and acting against such unlawful intentional interference. If you have reason to believe your personal Wi-Fi hot spot has been blocked, you can file a complaint with the FCC. To do so, you can visit www.fcc.gov/complaints or call 1-888-CALL-FCC. If you contact the FCC, you are encouraged to provide as much detail as possible regarding the potential Wi-Fi blocking, including the date, time, location, and possible source.
benton.org/headlines/fcc-enforcement-advisory-warning-wi-fi-blocking-prohibited | Federal Communications Commission
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FCC CHAIRMAN WHEELER ON PROTECTING CONSUMERS FROM HOTEL WI-FI BLOCKING
[SOURCE: Federal Communications Commission, AUTHOR: FCC Chairman Tom Wheeler]
Consumers must get what they pay for. The Communications Act prohibits anyone from willfully or maliciously interfering with authorized radio communications, including Wi-Fi. Marriott’s request seeking the Federal Communication Commission’s blessing to block guests’ use of non-Marriott networks is contrary to this basic principle. Protecting consumers from this kind of interference is a priority area for the FCC Enforcement Bureau. The Enforcement Bureau recently imposed a $600,000 fine on Marriott for this kind of conduct, and the FCC will continue to enforce the Communications Act if others act similarly.
benton.org/headlines/fcc-chairman-wheeler-protecting-consumers-hotel-wi-fi-blocking | Federal Communications Commission
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REMARKS OF FCC COMISSIONER ROSENWORCEL ON STATE OF WI-FI
[SOURCE: Federal Communications Commission, AUTHOR: FCC Commissioner Jessica Rosenworcel]
We need to make Wi-Fi a priority in spectrum policy. So here are three ideas to make it happen. First, let’s commit to finding more spectrum for Wi-Fi and unlicensed activity. Second, let’s take a fresh look at how Congress accounts for our airwaves. I think it is time to develop a multiplier that accounts for the billions of dollars of activity that new unlicensed spectrum can generate in the economy. Because making small accounting changes could be the ticket to bigger Wi-Fi opportunities in the future. Third, let’s make clear that we will not tolerate malicious or willful interference with Wi-Fi. A bunch of hotels banded together and asked the Federal Communications Commission to bless their ability to block hotel guests from using their own Wi-Fi connections under the guise of network security concerns. There are other ways to address legitimate security concerns -- but this is a bad idea. Having more ways to connect in more places makes us stronger -- and will help grow our economy as the Internet grows less visible because it becomes a part of everything we do. So let’s not let this petition linger or create any uncertainty. I hope my colleagues at the FCC will work with me to dismiss this petition without delay. I believe the future of wireless connectivity will be stronger if we make room for more Wi-Fi.
benton.org/headlines/remarks-fcc-commissioner-rosenworcel-state-wi-fi | Federal Communications Commission | The Verge
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INTERNET OF THINGS

FTC REPORT ON INTERNET OF THINGS URGES COMPANIES TO ADOPT BEST PRACTICES TO ADDRESS CONSUMER PRIVACY AND SECURITY RISKS
[SOURCE: Federal Trade Commission, AUTHOR: Press release]
In a detailed report on the Internet of Things, the staff of the Federal Trade Commission recommend a series of concrete steps that businesses can take to enhance and protect consumers’ privacy and security, as Americans start to reap the benefits from a growing world of Internet-connected devices. The report is partly based on input from leading technologists and academics, industry representatives, consumer advocates and others who participated in the FTC’s Internet of Things workshop held in Washington DC on Nov 19, 2013, as well as those who submitted public comments to the FTC. Security was one of the main topics addressed at the workshop and in the comments, particularly due to the highly networked nature of the devices. In addition to the report, the FTC also released a new publication for businesses containing advice about how to build security into products connected to the Internet of Things. “Careful Connections: Building Security in the Internet of Things” encourages companies to implement a risk-based approach and take advantage of best practices developed by security experts, such as using strong encryption and proper authentication.
benton.org/headlines/ftc-report-internet-things-urges-companies-adopt-best-practices-address-consumer-privacy | Federal Trade Commission | FTC report | FTC blog | Revere Digital – FTC op-ed
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INTERNET OF THINGS NEEDS GLOBAL PRIVACY PUSH, SAYS UK REGULATOR
[SOURCE: GigaOm, AUTHOR: David Meyer]
The UK telecommunications regulator Ofcom has called for international industry standards on privacy in the Internet of Things. The regulator published an outline of its approach to the developing Internet of Things, largely based on responses to a call for input that it made in 2014. It noted that “stakeholders” had identified data privacy and consumer literacy as their primary areas of concern. Respondents had said that existing UK data protection legislation would be appropriate for regulating the Internet of Things, though not necessarily a cure-all. They also favored industry-led approaches to keeping consumers in control. However, Ofcom wrote, "We consider that these approaches should ideally be agreed internationally where possible, so as not to inhibit sale and use of IoT devices and services across international boundaries…Data captured in one country may be processed or stored in another and different countries may have different data privacy regimes. Addressing such differences will be particularly important if manufacturers market their IoT devices in multiple countries."
benton.org/headlines/internet-things-needs-global-privacy-push-says-uk-regulator | GigaOm
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INTERNET/BROADBAND

GOOGLE FIBER IS COMING TO ATLANTA, CHARLOTTE, NASHVILLE AND RALEIGH-DURHAM
[SOURCE: Google, AUTHOR: Dennis Kish]
Google Fiber is coming to 18 cities across four new metro areas: Atlanta (GA), Charlotte (NC), Nashville (TN), and Raleigh-Durham (NC). We can’t wait to see what people and businesses across the Southeast US do with gigabit speeds. Our next step is to work with cities to create a detailed map of where we can put our thousands of miles of fiber, using existing infrastructure such as utility poles and underground conduit, and making sure to avoid things like gas and water lines. Then a team of surveyors and engineers will hit the streets to fill in missing details. Once we’re done designing the network (which we expect to wrap up in a few months), we’ll start construction. We’re also continuing to explore bringing fiber to five additional metro areas -- Phoenix (AZ), Portland (OR), Salt Lake City (UT), San Antonio (TX) and San Jose (CA), and will have updates on these potential Fiber cities later in 2015.
benton.org/headlines/google-fiber-coming-atlanta-charlotte-nashville-and-raleigh-durham | Google
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REMARKS BY NTIA ASSISTANT SECRETARY STRICKLING on DNS Transition
[SOURCE: National Telecommunications and Information Administration, AUTHOR: Lawrence Strickling]
This year promises to be another critical year for Internet governance, centering in part on efforts to complete the privatization of the Internet domain name system, currently managed by the Internet Corporation for Assigned Names and Numbers. I have consistently answered that we are looking for a plan that preserves ICANN as a multistakeholder organization outside of government control which the community develops through an open and transparent multistakeholder process and that has the broad support of stakeholders. In addition, the proposal must maintain the security, stability, and resiliency of the domain name system. The proposal must meet the needs and expectations of the global customers and partners of the IANA services. And finally, it must maintain the openness of the Internet. I want to reiterate again that there is no hard and fast deadline for this transition. September 2015 has been a target date because that is when the base period of our contract with ICANN expires. It is up to the community to determine a timeline that works best for stakeholders as they develop a proposal that meets NTIA’s conditions, but also works.
benton.org/headlines/remarks-ntia-assistant-secretary-strickling-dns-transition | National Telecommunications and Information Administration
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OWNERSHIP

COMCAST-TIME WARNER CABLE MERGER IS NO LONGER VIEWED AS INEVITABLE
[SOURCE: Los Angeles Times, AUTHOR: Meg James]
Comcast's bold move to buy rival Time Warner Cable in a $45-billion deal once seemed inevitable. Now, it is unclear whether the Department of Justice and the Federal Communications Commission will give Comcast their blessing. "They've had a lot of trouble, more than they thought they would -- and rightly so," said Gene Kimmelman, a former top lawyer in the Justice Department's antitrust division who now leads advocacy group Public Knowledge, which opposes the Comcast-TWC merger. Comcast's acquisition was originally viewed as a combination of huge cable TV providers. But opponents have painted Comcast as a potential gatekeeper of the Internet, raising the stakes as regulators wrestle over how best to regulate the Internet.
benton.org/headlines/comcast-time-warner-cable-merger-no-longer-viewed-inevitable | Los Angeles Times
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COMCAST PAYS BACK OVERDUE FRANCHISE FEES TO GET CITY'S MERGER APPROVAL
[SOURCE: ars technica, AUTHOR: Jon Brodkin]
Comcast has been going across the country seeking city-by-city support of its Time Warner Cable acquisition, giving local governments a chance to ask for favors in exchange for approving a franchise transfer. In Minneapolis (MN) the process turned up an unpaid bill of $40,000, so Comcast will have to pay the city money it already owed in order to get the franchise transfer. Comcast will also throw in $50,000 worth of free service and equipment. Thirty Minneapolis city buildings will get free basic cable for the next seven years as part of a package of concessions the city wrung out of Comcast in exchange for blessing its proposed merger with fellow cable giant Time Warner. Comcast has also agreed to pay Minneapolis $40,000 in overdue franchise fees after an audit found it underpaid the city for its use of the public right of way over the last three years.
benton.org/headlines/comcast-pays-back-overdue-franchise-fees-get-citys-merger-approval | Ars Technica
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DIVERSITY

WHITE HOUSE TECH CHIEF HITS HOLLYWOOD FOR GENDER BIAS
[SOURCE: The Hill, AUTHOR: Julian Hattem]
US Chief Technology Officer Megan Smith said that Hollywood is forgetting to include women scientists in its major blockbusters. She said there were plenty of women who helped the United Kingdom crack the Enigma code and beat the Nazis, but they weren’t represented in the Oscar-nominated “The Imitation Game.” “Jobs” -- the biopic about the Apple founder starring Ashton Kutcher -- left many of the female developers who helped start the computing company off the screen, she added. “If you look at the Rolling Stone’s photographs about who made the Macintosh with Steve, seven men and five women appear in all those photos,” Smith, a former Google executive, said. “But in the scene of the movie from Hollywood, accidentally no women were cast in that scene.”
benton.org/headlines/white-house-tech-chief-hits-hollywood-gender-bias | Hill, The
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PRIVACY/SECURITY

SECRET COURT RULING
[SOURCE: New York Times, AUTHOR: Charlie Savage]
A federal judge ruled in 2007 that the USA Patriot Act empowered the National Security Agency to collect foreigners’ e-mails and phone calls from domestic networks without prior judicial approval, newly declassified documents show. The documents -- two rulings of the Foreign Intelligence Surveillance Court -- fill in a chapter in the history of the NSA’s warrantless surveillance program. They show the agency’s secret moves in the months before Congress authorized the spying by enacting the Protect America Act in August 2007. The disclosure also brought into public view a previously unknown example of how the surveillance court, which hears arguments only from the government before issuing secret rulings, sometimes accepts novel interpretations of the law to bless government requests for spying powers.
benton.org/headlines/collection-foreigners-data-began-congress-backed-it-papers-show | New York Times
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Collection of Foreigners’ Data Began Before Congress Backed It, Papers Show

A federal judge ruled in 2007 that the USA Patriot Act empowered the National Security Agency to collect foreigners’ e-mails and phone calls from domestic networks without prior judicial approval, newly declassified documents show.

The documents -- two rulings of the Foreign Intelligence Surveillance Court -- fill in a chapter in the history of the NSA’s warrantless surveillance program. They show the agency’s secret moves in the months before Congress authorized the spying by enacting the Protect America Act in August 2007. The disclosure also brought into public view a previously unknown example of how the surveillance court, which hears arguments only from the government before issuing secret rulings, sometimes accepts novel interpretations of the law to bless government requests for spying powers.

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