1. Monthly archive
  2. September 2015

September 2015

What’s Jeb Bush got against net neutrality, anyway?

[Commentary] Jeb Bush, the former Florida governor contending for the Republican presidential nomination, says he’d repeal a raft of government rules on taking office. In particular, Bush says network neutrality is a bad idea. His opposition comes couched in the language used by cable companies that oppose net neutrality: He argues that the rules will kill investment in the industry, noting that two tiny broadband companies have “declared under penalty of perjury” they must cut back under the rule. Presidential politics has turned an argument over market structure between competing business interests -- reductively, those that build and maintain the internet’s physical infrastructure, and those that make the software that runs on that infrastructure -- into a fight between the political parties, with Democrats backing the net neutrality rules.

When Jeb Bush argues that all of President Barack Obama’s rules “cost” Americans $1.9 trillion a year, it’s worth remembering that the number under his brother’s administration was $1.75 trillion -- and that the oft-questioned estimate he relies on doesn’t even attempt to take into account any of the benefits of regulation. The Office of Management and Budget’s latest estimate of the net benefit of regulations passed during the Obama Administration is $200 billion.

The Real Battle Over Ad-Blocking Is Between Big Tech and Independent Media

[Commentary] The stakes in the raging battle over ad-blocking software are high -- but they're not quite what you might think. Essentially, it comes down to this: publishers that rely on web advertising are helping to drive revenue to Apple's archenemy, Google, which controls much of the infrastructure for online ads. Block those ads and those publishers are more likely to run into the warm embrace of Apple, whose new Apple News platform provides a nice, safe, closed environment with ads that can't be blocked. And Apple gets a 30 percent cut.

So why not come up with a different kind of blocker -- a piece of software that informs you when you're about to access a website that fails to follow some agreed-upon list of best practices regarding privacy and user experience? Such an arrangement may be the best way to preserve independent media on the open web. Users would be able to protect themselves from abusive adware without freeloading. And web publishers who see their traffic drop might decide it's time to change their ways.

[Dan Kennedy is an associate professor in the School of Journalism at Northeastern University]

International Association of Privacy Professionals-EY Annual Privacy Governance Report 2015

The International Association of Privacy Professionals (IAPP) and EY endeavored to survey a broad spectrum of organizations across the globe to document the stage of privacy governance. They found that privacy professionals earn well, are trained in law, business and technology, influence a broad swath of departments across their organizations and are increasingly part of strategic management teams. At the same time, privacy programs clamor for additional resources and seek more sophisticated and efficient technological tools to monitor, manage and protect data flows in their organizations.

The data, via nearly 800 completed surveys, reveal several important trends, including that government programs report low budgets and staff shortages and a focus on compliance and prevention of data loss. Government privacy officers regularly deploy privacy impact assessments and interact with records management departments.

Connect America Phase 2 Funding in Minnesota: a blessing and a curse

[Commentary] Connect America Funds (CAF) Phase 2 is going to be a game changer for the broadband landscape in rural America. The quick explanation is that larger providers were offered the opportunity to accept funding to help subsidize broadband expansion to rural areas. The stipulation was that the provider must provide service that is at least 10 Mbps down and 1 Mbps up to everyone in the service area. They have until the end of 2020 to complete deployment. (There are incremental requirements starting with 40 percent coverage by the end of 2017.)

Getting access at speeds of 10/1 is better than what the communities receiving CAF 2 funding have now. And any improvement is an improvement. BUT those speeds are slower than the Minnesota speed goals of 10/5 (The MN Broadband Task Force is looking to update those speeds.) and they seem even slower when you compare them to rural areas that have Gig access. So the news for these communities is mixed -- they will see improvements in the next five years. But knowing that incremental improvements will be made makes it difficult for a new provider to come into town to compete with the CAF-supported incumbent provider.

Consultant desperately tries to preserve EU’s broadband status quo

[Commentary] The consulting firm Analysys Mason has compiled a report on European broadband policy that recommends continuing Europe’s historic policy framework rather than shifting to the more effective deregulatory approach practiced in the US, Canada, and Japan. The report will be dismissed by many because it was funded by the European Competitive Telecom Association, which mainly comprises the over-the-top Internet service providers who depend on wholesale access to incumbents’ DSL and fiber-to-the-home networks. While the policies Mason recommends are completely aligned with the interests of its client, this doesn’t mean that the policies are wrong in and of themselves.

Is European broadband really better and cheaper than US broadband (correcting for differences in density and distance, of course)? It’s certainly not faster; both Akamai and the discontinued Net Index by Ookla show that average download speeds are higher in the US than in the EU, and we have more 4G mobile broadband than Europe does. To make the case that Europe’s broadband is cheaper, we would need to show the impact of subsidies on the real costs borne by taxpayers and somehow measure the appropriateness of the state’s vision of broadband quality. If taxpayers in Europe are paying for a type of network they neither need nor want, all bets are off.

[Richard Bennett was the vice-chair of the Institute of Electrical and Electronics Engineers Standards Association]

Weekly Digest

Improving Data Collection, Analysis and Research on Broadband

September 24, 2015 (China and the US)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for THURSDAY, SEPTEMBER 24, 2015

Technological Advisory Council Meeting at the FCC https://www.benton.org/calendar/2015-09-24

CHINA AND THE U.S.
   China president pledges to open doors to US businesses
   China's Silicon Valley power play
   US Presses Firms to Raise China Complaints
   China: On cybersecurity, US must not rock the boat [links to web]

INTERNET/BROADBAND
    How Can Expanding Access to Federal Assets Improve Broadband’s Reach?
   Akamai: US Average Broadband Speed Reaches 11.7 Mbps

NETWORK NEUTRALITY
   30 Members of Congress Tell Court to Affirm FCC’s Net Neutrality Order
   First Amendment Scholars Support Network Neutrality in Court Filing
   Writers Guild, Future of Music Coalition, National Alliance for Media Arts and Culture Equate Net Neutrality with Free Speech in Court Filing

ELECTION 2016
   Is the media biased against Bernie Sanders? Not really. - op-ed [links to web]
   The media’s Trump conundrum - analysis
   Trump says he won't appear on Fox News [links to web]
   RNC plans reporter 'boot camp'
   Donald Trump wants the FCC to fine a critical Fox News pundit [links to web]

JOURNALISM
   What will Silicon Valley do if the news supply runs dry? - Alan Mutter op-ed [links to web]

EDUCATON
   The digital learning plan every educator should read

SECURITY
   Obama Administration quietly explored ways to bypass smartphone encryption
   Research Sheds New Light on Big Data Breaches [links to web]
   Announcing the 2015 Heroes & Villains of Human Rights and Communications Surveillance - Access press release [links to web]

TELEVISION
   Netflix knows the exact episode of a TV show that gets you hooked [links to web]

STORIES FROM ABROAD
   Will the EU and US Open a Transatlantic Umbrella? - op-ed
   Once a safe haven, Turkey tightens grip on foreign journalists [links to web]

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CHINA AND THE U.S.

CHINA PRESIDENT PLEDGES TO OPEN DOORS TO US BUSINESSES
[SOURCE: Washington Post, AUTHOR: Todd Frankel]
China President Xi Jinping had the ears of 30 chief executives -- including leaders from Apple, Microsoft, Disney and GM -- and used the moment to promise further easing of restrictions on US corporations and to tout the massive potential of the Chinese market. President Xi acknowledged criticism of China’s current business environment, including problems related to intellectual property theft and limits on foreign investment in China. He said his government wanted to fix these problems, too. “We will continue to build a law-based business environment, an open environment,” President Xi said during brief remarks at the US-China Business Roundtable. The Roundtable was an otherwise closed-door event billed as an opportunity for the 30 chief executives, evenly split between US and China companies, to privately discuss business. President Xi offered his support for a proposed investment treaty between the two nations, which supporters say would offer clearer rules for foreign investment. He said the treaty would lead to more transparent markets.
benton.org/headlines/china-president-pledges-open-doors-us-businesses | Washington Post
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CHINA'S SILICON VALLEY POWER PLAY
[SOURCE: The Hill, AUTHOR: Cory Bennett, Katie Bo Williams]
Chinese officials have summoned top American tech executives to Seattle (WA) for a forum on Sept 23 in a show of force that could make the Obama Administration’s standing in Silicon Valley appear weak by comparison. Beijing moved up the date of the annual event to coincide with President Xi Jinping’s US visit and reportedly pressured major Silicon Valley players to send their chief executives to what is normally an annual summit for midlevel management, threatening regulatory scrutiny if they didn’t comply. “It’s not really voluntary,” said Atlantic Council Senior Fellow Jason Healey, a former director of cyber infrastructure protection at the White House. “They are absolutely expected to be there, and be there in force.” Business groups and Silicon Valley say they have no choice but to show up. Despite China’s rampant commercial espionage and onerous regulations for foreign firms, the Asian superpower’s market is too powerful to pass up. “It’s not about policy,” said Bay Area-based venture capitalist Ray Rothrock. “It’s about business.”
benton.org/headlines/chinas-silicon-valley-power-play | Hill, The
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US PRESSES FIRMS TO RAISE CHINA COMPLAINTS
[SOURCE: Wall Street Journal, AUTHOR: Gillian Wong, William Mauldin]
The Obama Administration is pressing American companies to speak up about the difficulties of operating in China, setting up potentially awkward meetings for the Chinese president as he arrives in the US for his first state visit. The Administration is urging businesses to come forward with details about cybersecurity and other challenges they face in China as President Xi Jinping visits the US. China, meanwhile, has played up the positive side of the visit and sought to stress the benefits of economic cooperation by unveiling new deals between US and Chinese companies.
benton.org/headlines/us-presses-firms-raise-china-complaints | Wall Street Journal
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INTERNET/BROADBAND

AKAMAI: US AVERAGE BROADBAND SPEED REACHES 11.7 MBPS
[SOURCE: telecompetitor, AUTHOR: Joan Engebretson]
The average broadband connection speed in the US was 11.7 Mbps for the second quarter of 2015, according to the latest Akamai State of the Internet Report. That’s a slight increase of 1 percent since first quarter and an increase of 2.2 percent over the same period of 2014. While average connection speed measures the average amount of data flowing over a broadband connection, the average peak connection speed is a closer approximation of the capacity of a user’s connection. The average peak connection speed in the US was 50.4 Mbps for the second quarter of 2015, according to Akamai -- a decrease of 3.7 percent from first quarter but an increase of 11 percent year-over-year. Although Delaware traditionally has held the top average connection speed position, it was usurped by the District of Columbia in the second quarter. While the average connection speed in DC was 19 Mbps, the corresponding number for Delaware was just 16.7 Mbps. All states in the top 10 had average connection speeds of 14 Mbps or higher.
benton.org/headlines/akamai-us-average-broadband-speed-reaches-117-mbps | telecompetitor | read the report
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NETWORK NEUTRALITY

MEMBERS OF CONGRESS SUPPORT NET NEUTRALITY
[SOURCE: Members of Congress, AUTHOR: Christopher Jon Sprigman]
The Telecommunications Act of 1996 is a landmark law dedicated to ensuring that all Americans have access, at competitive prices, to state-of-the-art telecommunications services. To help achieve that goal, Congress adopted a broad, technology-neutral definition of “telecommunications service” regulable under Title II of the Communications Act, as amended and updated by the 1996 Act. The 1996 Act defines “telecommunications service” as “the offering of telecommunications for a fee directly to the public … regardless of the facilities used.” “Telecommunications” is in turn defined as “the transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received.” Broadband Internet access service fits within these definitions. When one sets aside the obfuscating argot of telecommunications lawyers and engages with the plain language of the statute in the way that Congress intended for the Federal Communications Commission and the courts to read it, it is patent that broadband Internet access service providers – both fixed and mobile – provide “telecommunications” under the terms of the 1996 Act.
benton.org/headlines/30-members-congress-tell-court-affirm-fccs-net-neutrality-order | Members of Congress
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FIRST AMENDMENT SCHOLARS SUPPORT NET NEUTRALITY
[SOURCE: First Amendment Scholars, AUTHOR: Gregory Beck]
The Open Internet Rules are not subject to scrutiny under the First Amendment because they do not regulate any person’s speech. Broadband Internet access service, as the Federal Communications Commission found, is “service . . . that provides the capability to transmit data to and receive data from all . . . Internet endpoints.” That service provides a conduit for speech, and broadband Internet access service providers transmit others’ speech through that conduit. The Open Internet Rules regulate the conduct of those service providers. They cannot block or throttle lawful content, cannot charge for prioritization of some content over other, and must not unreasonably interfere with content transmission. The providers’ conduct is not speech that is restricted or compelled by the rules. Indeed, the Open Internet Rules are an instance of common carrier regulation, which is not and ought not to be subject to heightened First Amendment scrutiny.
benton.org/headlines/first-amendment-scholars-support-network-neutrality-court-filing | First Amendment Scholars
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FREE SPEECH AND NET NEUTRALITY
[SOURCE: Writers Guild of America West, AUTHOR: Anthony Segall]
The Open Internet Order is necessary to protect the unique nature of content distribution online because it prevents Internet service providers (ISPs) from interfering with the free speech of their users. To grant ISPs the authority to act as gatekeepers of content from the Internet would stifle opportunities for creative expression and restrict the availability of content from diverse sources. By limiting the ISPs’ ability to control access to such content, the Open Internet Order “protects free expression, thus fulfilling the congressional policy that ‘the Internet offer[s] a forum for a true diversity of political discourse, unique opportunities for cultural development, and myriad avenues for intellectual activity.’”
benton.org/headlines/writers-guild-future-music-coalition-national-alliance-media-arts-and-culture-equate-net | Writers Guild of America West
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ELECTION 2016

THE MEDIA'S TRUMP CONUNDRUM
[SOURCE: Columbia Journalism Review, AUTHOR: David Uberti]
[Commentary] While the real estate tycoon has bragged repeatedly about his business savvy and personal fame en route to a lofty perch atop Republican primary polls, his real genius may lie in an understanding of the political media market unmatched by his competitors. It is unbelievable, and that’s why Trump makes for especially entertaining campaign coverage. But Trump’s rise has been no accident. He’s a well-known political outsider who speaks in black-and-white proclamations, satisfying the media’s and the public’s shared craving for celebrity, novelty, and clarity. His dominance in the polls is as outlandish a story as any about his offensive remark du jour, and both draw swarms of reporters. When the press does attempt to hold Trump accountable, he parries and pivots to highlight his strengths, however abstract. The ensuing free publicity has helped Trump save on TV ads in primary states, and he cashes in that exposure for mammoth -- and newsworthy -- rallies. His penchant to grab journalists’ attention has made it more difficult for opponents to gain the media exposure needed to challenge him, a difficulty accentuated by the GOP’s sprawling, politically diverse primary field.
benton.org/headlines/medias-trump-conundrum | Columbia Journalism Review
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RNC PLANS REPORTER 'BOOT CAMP'
[SOURCE: Politico, AUTHOR: Hadas Gold]
After the 2012 election, the GOP decided to limit the number of debates and change their delegate rules so that candidates must win more than half the delegates in eight states to qualify for the nomination. But the new rules and a young, new reporting class means that a lot of the people tasked with covering the race are confused. So the Republican National Committee has decided to set up a boot camp for reporters to talk about the rules, delegate allocation and their ground game. Sean Spicer, the RNC’s communications director, said the RNC has held such events in the past but usually in smaller groups by outlet. This ‘boot camp’, to be held in October in Washington, is already at capacity with some 200 reporters signed up. While Spicer said he expected to see newer reporters signing up, he was rather surprised by some of the names on the list, whom he declined to name. “It’s really interesting the caliber of reporters who have already RSVP’d who are trying to make sure they really understand what the process is about,” Spicer said.
benton.org/headlines/rnc-plans-reporter-boot-camp | Politico
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EDUCATON

THE DIGITAL LEARNING PLAN EVERY EDUCATOR SHOULD READ
[SOURCE: eSchool News, AUTHOR: Stephen Noonoo]
[Commentary] Like every state, educators in North Carolina are struggling with complex demands around digital learning. In the era of personalized learning-meets-bring-your-own-device (BYOD), and with a big push on 21st century skills, districts and education leaders can still feel pretty isolated as they work out where to go next. And conveying their needs to state legislators, who often have the power to regulate funding and set the pace for any statewide digital initiatives, can be yet another challenge. Recently, the Friday Institute released the results of that 18-month-long effort, the North Carolina Digital Learning Plan, which outlines both recommendations and specific goals for education leaders and policymakers around digital-learning related topics, such as infrastructure and devices, professional development, instruction and assessment, and funding. The DLP is, in part, a response to two new state laws passed in the last legislative session -- that schools must transition to digital resources by 2017 and that colleges of education, teachers, and administrators would be responsible for meeting new digital competencies. The state’s department of education contracted with the Friday Institute on how to implement those goals simultaneously.
benton.org/headlines/digital-learning-plan-every-educator-should-read | eSchool News
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SECURITY

BYPASSING ENCRYPTION
[SOURCE: Washington Post, AUTHOR: Andrea Peterson, Ellen Nakashima]
An Obama Administration working group has explored four possible approaches tech companies might use that would allow law enforcement to unlock encrypted communications — access that some tech firms say their systems are not set up to provide. The group concluded that the solutions were “technically feasible,” but all had drawbacks as well. The first potential solution called for providers to add a physical, encrypted port to their devices. The second approach would exploit companies’ automatic software updates. A third idea described splitting up encryption keys. Under the final approach, which officials called a “forced backup,” companies under court order would be required to upload data stored on an encrypted device to an unencrypted location. Senior officials do not intend to advance the solutions as “administration proposals” — or even want them shared outside the government. Why? They fear blowback. Instead of offering technical solutions, the working group drew up a set of principles to guide engagement with the private sector. They include: no bulk collection of information and no “golden keys” for the government to gain access to data.
benton.org/headlines/obama-administration-quietly-explored-ways-bypass-smartphone-encryption | Washington Post
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STORIES FROM ABROAD

WILL THE EU AND US OPEN A TRANSATLANTIC UMBRELLA?
[SOURCE: International Association of Privacy Professionals, AUTHOR: John Kropf]
[Commentary] After a five-year, arduous negotiation spanning two European Union Commissions and several changes in negotiation teams, the EU and US completed work on the data protection "Umbrella Agreement" regarding law enforcement data sharing. This agreement will put in place a comprehensive, high-level data protection framework for EU-US law enforcement cooperation. The completion of the agreement, however, is only the end of the first step. The second step in the process is up to Congress and its consideration of the Judicial Redress Act (Redress Bill, HR 1428) introduced by Rep Jim Sensenbrenner (R-WI) The Redress Bill would authorize the Department of Justice to designate foreign countries whose citizens could bring civil actions in US courts under the Privacy Act of 1974. One could almost wish for the passage of the Redress Bill as a tribute to the hard work of the negotiators as well as for their health and sanity. But if Congress doesn't pass the bill, what then? Perhaps by that time the negotiators will be well-rested.
benton.org/headlines/will-eu-and-us-open-transatlantic-umbrella | International Association of Privacy Professionals
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Obama Administration quietly explored ways to bypass smartphone encryption

An Obama Administration working group has explored four possible approaches tech companies might use that would allow law enforcement to unlock encrypted communications — access that some tech firms say their systems are not set up to provide. The group concluded that the solutions were “technically feasible,” but all had drawbacks as well.

  • The first potential solution called for providers to add a physical, encrypted port to their devices.
  • The second approach would exploit companies’ automatic software updates.
  • A third idea described splitting up encryption keys.
  • Under the final approach, which officials called a “forced backup,” companies under court order would be required to upload data stored on an encrypted device to an unencrypted location.

Senior officials do not intend to advance the solutions as “administration proposals” — or even want them shared outside the government. Why? They fear blowback. Instead of offering technical solutions, the working group drew up a set of principles to guide engagement with the private sector. They include: no bulk collection of information and no “golden keys” for the government to gain access to data.

Donald Trump wants the FCC to fine a critical Fox News pundit

Donald Trump exploded on Twitter after National Review editor Rich Lowry appeared on Fox and used some rather, well, colorful language to describe exactly how Carly Fiorina bested Trump at the last Republican presidential debate.

"Incompetent @RichLowry lost it tonight on @FoxNews. He should not be allowed on TV and the FCC should fine him!" And then: "@FoxNews owes me an apology for allowing clueless pundit @RichLowry to use such foul language on TV. Unheard of!"

Trump won't have much luck getting Lowry to pay up for his anatomical comment, as the Federal Communications Commission only polices indecent programming on broadcast radio and television -- not cable television, where viewers have greater control over their programming options.

"I love how Mr. Anti-PC now wants the FCC to fine me," Lowry tweeted, adding a hashtag: #pathetic. He then posed this question to Trump: "So it's OK for you to insult Carly's looks, but you can't handle me describing what happened to you in the debate?" Lowry then answered that question himself: "Man, you can dish it out but you REALLY, REALLY can't take it."

What will Silicon Valley do if the news supply runs dry?

[Commentary] With nearly three-quarters of the population spending an average of three hours a day checking their smartphones for the latest buzz, the Silicon Valley behemoths are zeroing in on news as a valuable consumer service — and revenue source. The news-delivery frenzy in Silicon Valley poses profound questions for the incumbent players in the media.

Legacy publishers and broadcasters are being forced to decide whether to contribute their expensively produced content to the master apps — or risk being marginalized as consumers forsake their carefully tended digital brands for the convenient and compelling aggregation platforms fielded by the tech giants. If techies take control of the front page with increasingly intuitive interfaces, how much audience and business will be left for the traditional providers of the news? Tech behemoths could well squeeze the life out of many of the independent news-aggregation sites that have emerged over the years. And even legacy publishers may not be safe. Algorithms may be great at finding and organizing stories, but what will Silicon Valley do if the news supply runs dry?

[Mutter is a former newspaper editor and Silicon Valley chief executive. He teaches at UC Berkeley and is a strategic consultant to global media companies]

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