BENTON'S COMMUNICATIONS-RELATED HEADLINES for THURSDAY, DECEMBER 17, 2015
FCC Open Meeting on Today's Agenda: https://www.benton.org/calendar/2015-12-17
BUDGET BILL
Congress snuck a surveillance bill into the federal budget
Spending Bill Extends Internet Tax Ban
Republicans Lawmakers let net neutrality rules live on (for now)
Spending bill aims to bar Clinton-style e-mail practices
Congress’ budget deal halts political disclosure efforts
Budget Bill Contains Tax Breaks for Media Companies
Omnibus Bill Includes Joint Sales Agreement Rider [links to Benton summary]
ELECTIONS & MEDIA/GOP DEBATE
Senate probing whether Sen Cruz leaked classified surveillance data during debate
The head of the NSA just undercut Rubio’s claims at debate [links to Benton summary]
The real story behind Carly Fiorina’s NSA story - analysis [links to Benton summary]
Trump’s ignorance about the Internet is even more terrifying than you think - analysis
Shut Down the Internet? How Plausible is Donald Trump's Suggestion? - Fast Company analysis [links to Benton summary]
'Penetrate the Internet,' and other strange ideas from last night's Republican debate - Verge analysis [links to Benton summary]
Gov Kasich doesn’t understand how the tech that keeps you safe online works [links to Washington Post]
‘Unfriending’ Trump supporters is just another example of how we isolate ourselves online - WaPo analysis [links to Benton summary]
18 Million Watch GOP Debate on CNN [links to Broadcasting&Cable]
Sen Sanders Sends Most Retweeted Message of Debate Night, Gets Largest Growth in Followers [links to Hill, The]
PRIVACY/SECURITY
House passes bill on combating terrorists on social media
FBI director: San Bernardino shooters never expressed public support for jihad on social media [links to Business Insider]
Our fight against the Islamic State starts online - WaPo op-ed [links to Benton summary]
A Middle-Ground Solution to Smartphone Encryption - WaPo op-ed [links to Benton summary]
When a single e-mail gives hackers full access to your network [links to Ars Technica]
Federal data breach notices are catching some by surprise [links to Benton summary]
Europe’s Justice Commissioner Prepares for a Difficult 2016 [links to Benton summary]
Op-ed: Why Europe’s New Privacy Regulation Is a Business-Critical Issue [links to International Association of Privacy Professionals]
EU Data-Privacy Law Raises Daunting Prospects for US Companies [links to Benton summary]
INTERNET/BROADBAND
Digital Inclusion Project: Findings and Implications, A Canadian Perspective - new research
House Commerce Committee Leaders Disappointed by FCC Snub of Small Businesses - press release
Comcast’s New Data Caps Are Drawing an Astonishing Amount of Hate - analysis
IIA says broadband access can result in more than $11K in annual savings for US households [links to Benton summary]
Akamai: Average US Broadband Speed Climbs to 12.6 Mbps [links to Benton summary]
HEALTH
Time for the FCC to Modernize the Rural Health Care Program - John Windhausen op-ed
TECH TRANSITION
FCC Should Strengthen Its Data Collection Efforts to Assess the Transition's Effects - GAO Report
WIRELESS/SPECTRUM
AT&T testing rural wireless broadband in Alabama with 3 free months of service plus $100 [links to Benton summary]
FCC's LP Spectrum Grab Is A Study In Ugly - TVNewsCheck op-ed [links to Benton summary]
How to Track Data Use, and Choose the Right Smartphone Plan [links to New York Times]
CONTENT
Streaming Royalties Rise, but Not as High as Music Industry Wanted
What Google's Year In Search Reveals About Humanity [links to Benton summary]
GOVERNMENT & COMMUNICATIONS
China Touts Its Great Firewall in Push for Internet Control [links to Benton summary]
Will China’s Censorship Spread? - WSJ analysis [links to Benton summary]
Federal data breach notices are catching some by surprise [links to Benton summary]
DIVERSITY
Action Plan to Close Digital Gender Gap - ITU press release [links to Benton summary]
Diversity is not just about politics. It made 2015 a great year for film and TV. - analysis [links to Benton summary]
Hollywood inequality made headlines in 2015. But did we make any real progress? [links to Washington Post]
OWNERSHIP
Sheldon Adelson Said to Be Buyer of Las Vegas Review-Journal [links to New York Times]
STORIES FROM ABROAD
China Touts Its Great Firewall in Push for Internet Control [links to Benton summary]
Will China’s Censorship Spread? - WSJ analysis [links to Benton summary]
Europe’s Justice Commissioner Prepares for a Difficult 2016 [links to Benton summary]
Op-ed: Why Europe’s New Privacy Regulation Is a Business-Critical Issue [links to International Association of Privacy Professionals]
Action Plan to Close Digital Gender Gap - ITU press release [links to Benton summary]
EU Data-Privacy Law Raises Daunting Prospects for US Companies [links to Benton summary]
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BUDGET BILL
CONGRESS SNUCK A SURVEILLANCE BILL INTO THE FEDERAL BUDGET LAST NIGHT
[SOURCE: The Verge, AUTHOR: Russell Brandom]
After more than a year of stalemate, Congress has used an unconventional procedural measure to bring a controversial cybersurveillance bill to the floor. Speaker of the House Paul Ryan (R-WI) announced a 2,000-page omnibus budget bill, a last-minute compromise necessary to prevent a government shutdown. But while the bulk of the bill concerns taxes and spending, it contains a surprise 1,729 pages in: the full text of the controversial Cybersecurity Information Sharing Act of 2015 (CISA), which passed the Senate in October. CISA has been widely criticized since it was first introduced to congress in 2014, with Sen Ron Wyden (D-OR) calling it "a surveillance bill by another name." The bill would make it easier for private sector companies to share user information with the government and other companies, removing privacy and liability protections in the name of better cybersecurity. But critics like Sen Wyden say removing those protections would turn Internet backbone companies into de facto surveillance organs, with no incentive to protect users' privacy.
benton.org/headlines/congress-snuck-surveillance-bill-federal-budget-last-night | Verge, The
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SPENDING BILL EXTENDS INTERNET TAX BAN
[SOURCE: The Hill, AUTHOR: Mario Trujillo]
The year-end spending bill includes a nine-month extension of the Internet Tax Freedom Act, which bars state and local governments from taxing the monthly bills customers pay for Internet service. The 1998 ban has required a handful of extensions since it was first put in place more than 15 years ago. Another temporary extension was necessary after a proposal to get a long-term, indefinite extension was pushed into 2016. The indefinite extension was added to an unrelated customs bill, which passed the House recently. But Senate leaders signaled the customs bill will be pushed into 2016. Critics had said they would fight to strip the long-term ban out of the broader customs bill on the Senate floor.
benton.org/headlines/spending-bill-extends-internet-tax-ban | Hill, The
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REPUBLICAN LAWMAKERS LET NET NEUTRALITY RULES LIVE ON (FOR NOW)
[SOURCE: ars technica, AUTHOR: Jon Brodkin]
A proposal by Republican lawmakers to put anti-network neutrality provisions into a government spending bill has been dropped. House leaders from both major parties struck a deal late on Dec 15 on a $1.1 trillion spending bill and tax breaks. Earlier versions of this bill would have withheld funding from the Federal Communications Commission in order to prevent implementation of net neutrality rules until Internet service providers exhaust all their appeals. Earlier versions also would have imposed new reporting requirements on the FCC and prohibited the commission from regulating Internet service rates. The compromise budget bill did not include those provisions. Tech companies, Democratic members of Congress, and the White House had all pressured Republican members to drop the anti-net neutrality proposals. Republican lawmakers have put forth several proposals to overturn or limit the FCC's net neutrality order in 2015, so the budget compromise isn't necessarily a final victory for Democrats. But the biggest threat to the FCC's rules likely come from the lawsuit filed by broadband providers, which should be decided within the next few months.
benton.org/headlines/republicans-lawmakers-let-net-neutrality-rules-live-now-0 | Ars Technica | Broadcasting & Cable
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SPENDING BILL AIMS TO BAR CLINTON-STYLE E-MAIL PRACTICES
[SOURCE: The Hill, AUTHOR: Julian Hattem]
The omnibus spending bill seeks to block some federal employees from using a personal e-mail account similar to the one used by former Secretary of State Hillary Clinton. The bill prohibits funding streams for the State Department and US Agency for International Development (USAID) from being used “to support the use or establishment of e-mail accounts or e-mail servers created outside the .gov domain or not fitted for automated records management" consistent with the law. Additionally, the legislation requires the State Department and USAID to update their policies for recordkeeping and try to ensure that all employees hand over relevant files when they leave office. The twin provisions appear to be a direct response to Clinton’s exclusive use of a private e-mail setup throughout her tenure as the nation’s top diplomat. Though the arrangement would appear to violate current recordkeeping laws, those prohibitions were not in place when Clinton was in office. The $1.1 trillion spending bill requires the State Department and USAID to report to Congress and the National Archives on its policy regarding private e-mail accounts and efforts to comply with federal recordkeeping laws. That report is due 30 days after the bill is signed into law. If the State Department fails to submit the report, $10 million would be withheld, the bill mandates.
benton.org/headlines/spending-bill-aims-bar-clinton-style-email-practices | Hill, The
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CONGRESS' BUDGET DEAL HALTS POLITICAL DISCLOSURE EFFORTS
[SOURCE: Washington Post, AUTHOR: Matea Gold]
A budget deal struck by congressional leaders would temporarily block efforts to force more disclosure of political contributors, a blow to advocates who have sought to curb the use of secret money in campaigns. The omnibus legislation would prohibit the Internal Revenue Service from using any federal funds in the coming fiscal year to revise or issue new rules governing the political spending of tax-exempt advocacy groups. The measure would effectively halt a two-year-long attempt by the IRS to set a clear limit on how much money such nonprofit groups, set up under Section 501(c)(4) of the tax code, can spend on politics. House Speaker Paul Ryan (R-WI) heralded the measure as a win, saying that with the budget deal, Congress is “stopping the IRS from suppressing civic participation in 501(c)(4) organizations.” But advocates for greater transparency of political donations said the ban would make it harder for voters to know who is behind politically active groups. “It’s outrageous that lawmakers are interfering with the most modest measures to increase disclosure of political spending,” said Lisa Gilbert, who directs the watchdog group Public Citizen’s Congress Watch division. “The American people want -- and deserve -- to know who is trying to buy our elections.”
benton.org/headlines/congress-budget-deal-halts-political-disclosure-efforts | Washington Post
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BUDGET BILL CONTAINS TAX BREAKS FOR MEDIA COMPANIES
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The new budget/tax package hammered out by Congress extends tax breaks that cable operators say have helped them invest in broadband buildouts, as well as a break for TV and film producers and a tax credit for research and development. CenturyLink, for one, had pressed House speaker Paul Ryan (R-WI) and others in leadership not to let the accelerated and bonus depreciation provisions in the tax law expire Dec 31. They were adopted to goose the economy during the Great Recession, but were extended for two more years in 2013, when they were initially to have sunset. According to a website dedicated to the tax issue, the 50 percent depreciation bonus helps businesses cut their tax bills on new equipment purchases by allowing them to write off more of the cost. CenturyLink said the provisions have helped the company invest billions of dollars to launch a gigabit network and that it continues to invest hundreds of millions in residential speed upgrades, fiber-to-tower, investments that would have slowed if the tax break were not extended. According to the budget bill, that bonus depreciation will be extended through 2019, though it ramps down to a 40 percent bonus in 2018 and 30 percent in 2019.
benton.org/headlines/budget-bill-contains-tax-breaks-media-companies | Broadcasting&Cable
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ELECTIONS & MEDIA/GOP DEBATE
SENATE PROBING WHETHER SEN CRUZ LEAKED CLASSIFIED SURVEILLANCE DATA DURING DEBATE
[SOURCE: ars technica, AUTHOR: David Kravets]
Senate Intelligence Committee Chairman Richard Burr (R-NC) said he was investigating if Sen Ted Cruz (R-TX) released classified surveillance data at the Dec 15 GOP presidential debate. The probe concerns what Sen Cruz said during a back-and-forth talk with Sen Marco Rubio (R-FL) about the USA Freedom Act, which President Barack Obama signed in June. Sen Cruz said that, under that law, "nearly 100 percent" of phone calling metadata can be surveilled with the new spy program compared with "20 percent to 30 percent" under the Patriot Act provisions that the USA Freedom Act replaced. Chairman Burr said the committee's staff is looking into the statements. "The question had been raised. Therefore I asked them to look at it and see if there was any validity to it," Burr said. "It's not as clear as just reading what he said. We've got to search all sorts of media outlets to see if anyone had reported that number independently."
benton.org/headlines/senate-probing-whether-sen-cruz-leaked-classified-surveillance-data-during-debate | Ars Technica
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TRUMP'S IGNORANCE ABOUT THE INTERNET IS EVEN MORE TERRIFYING THAN YOU THINK
[SOURCE: Washington Post, AUTHOR: Brian Fung]
[Commentary] Donald Trump is really worried about ISIS using the Internet. He's so concerned about ISIS's online recruitment efforts, he's willing to close parts of the Internet to thwart it. Trump clearly has some learning to do on how the Internet works. And he's hardly alone: GOP lawmakers have recently suggested censoring the Internet to fight terrorism, and for years other members of Congress have floated the idea of an Internet killswitch. Beyond all the technical reasons why shutting down the Internet would be rather difficult, Trump's remarks reflect an overwhelming sense that the Internet is somehow America's property, that it is "ours" because, you know, "it was our idea." Even if we give Trump the benefit of the doubt and assume he simply meant "the parts of the Internet that Americans happen to frequent," the notion that those parts of the Web belong to the United States leads to a more favorable view of decidedly controversial policies, such as that the government can or should have unrestricted access to your digital data. If Trump meant something more -- that the Internet is a magical gift America bestowed on the rest of the world that can be taken away at will -- it speaks to a worldview that attributes vast, imaginary powers to the Oval Office. And leadership is as much about understanding boundaries as it is about breaking them.
benton.org/headlines/trumps-ignorance-about-internet-even-more-terrifying-you-think | Washington Post
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PRIVACY/SECURITY
HOUSE PASSES BILL ON COMBATING TERRORISTS ON SOCIAL MEDIA
[SOURCE: The Hill, AUTHOR: Cristina Marcos]
The House passed legislation requiring the president to provide Congress with a strategy for combating terrorists’ use of social media. The measure, approved by voice vote, would mandate a report from the president within six months with a comprehensive strategy to disrupt terrorist organizations’ social media use and online radicalization efforts, as well as a separate report in a shorter timeframe evaluating training programs for law enforcement personnel. “We must first have a strategy before we can effectively defeat this enemy on every battlefield, including the cyber battlefield,” said Rep Ted Poe (R-TX), the bill’s author. Messages promoting terrorism violate rules governing use of social media platforms like Twitter or Facebook. Companies such as Twitter already work with law enforcement to identify and shut down accounts and posts threatening terrorism as they investigate reports of rule violations. Passage of the bill comes after a report that Homeland Security Secretary Jeh Johnson opted against ending a policy preventing officials from reviewing visa applicants’ social media accounts. The State Department does occasionally review visa applicants’ social media accounts while conducting the screening process along with the Department of Homeland Security.
benton.org/headlines/house-passes-bill-combating-terrorists-social-media | Hill, The
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INTERNET/BROADBAND
DIGITAL INCLUSUIN RESEARCH
[SOURCE: Benton Foundation, AUTHOR: Michael Haight, Anabel Quan-Haase]
Research on digital inclusion has predominantly relied on large-scale quantitative data to understand reasons for non-use. The Digital Inclusion project engaged with individuals who live in low-income housing units located in Southern Ontario, Canada. The aim of the project was to learn first-hand from inhabitants of those units what it meant to be connected or disconnected to the Internet in the context of their lives. There was an emphasis on the experiences, attitudes, and opinions of inhabitants. This approach allowed for a more nuanced understanding of why low-income individuals have considerably lower rates of Internet adoption. We found that for many participants in the research, the response ‘no need/no relevance’ was rooted in another barrier such as cost, lack of digital literacy, lack of confidence, and little understanding of what kinds of activities the Internet can facilitate. Our study shows that further unpacking the meaning of ‘no need/no relevance’ is critical, as individuals in low-income housing units have a desire to be a part of the digital world. The findings suggest that it is about creating the right conditions for this population in terms of pricing, availability of equipment, technical support, and mentorship. Digital participation is a complex social process, rooted in existing inequalities.
https://www.benton.org/initiatives/digital-inclusion-project
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HOUSE COMMERCE COMMITTEE LEADERS DISAPPOINTED BY FCC SNUB OF SMALL BUSINESSES
[SOURCE: House of Representatives Commerce Committee, AUTHOR: Press release]
House Commerce and Small Business Committee leaders expressed disappointment following the Federal Communications Commission’s decision to forgo permanent protection of small businesses from heightened disclosure requirements included in the FCC’s open Internet order. “Permanent protection should have been an easy call, but the FCC fumbled it,” said House Commerce Committee Chairman Fred Upton (R-MI). “Consumers will be hurt the most as the smaller Internet service providers in Michigan and across the nation are forced to invest in compliance with the burdensome rules, rather than in better service to their customers. The FCC should save the red tape for Christmas, not our small businesses.” “Chairman Wheeler and the FCC had a chance today to give both consumers and small Internet providers a permanent victory”, added House Communications Subcommittee Greg Walden (R-OR). “With Internet service for millions, and thousands of jobs on the line, the commission should be encouraging innovation and deployment instead of forcing costly burdensome regulations of questionable benefit to consumers on these small companies. It was smart to protect small businesses and consumers from these requirements in the first place. It’s time for the commission to make these temporary protections permanent once and for all.”
benton.org/headlines/house-commerce-committee-leaders-disappointed-fcc-snub-small-businesses | House of Representatives Commerce Committee
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COMCAST'S NEW DATA CAPS ARE DRAWING AN ASTONISHING AMOUNT OF HATE
[SOURCE: Money, AUTHOR: Brad Tuttle]
[Commentary] For months, Comcast has stuck to its guns by trying to maintain the idea that its data cap plans aren’t data caps, and that they’re fair because very few customers wind up paying extra money. As for the subscribers who do get hit with extra fees for going over their allotted monthly data threshold -- remember, not a cap! -- well, the idea is that the extra charges are fair because those folks are such heavy users. Based on the number of complaints aired to the Federal Communications Commission about Comcast’s new internet pricing scheme, however, it’s clear that consumers feel the new plans are anything but fair. The website Cut Cable Today just reported that it filed a FOIA (Freedom of Information Act) request and found out that the FCC has received more than 13,000 complaints about Comcast’s practice of charging customers extra if they go above a certain monthly data allotment. Bearing in mind that this new kind of Comcast Internet pricing is only being testing in select markets, and that it hasn’t been around long in any of the markets, the sheer volume of complaints is staggering.
benton.org/headlines/comcasts-new-data-caps-are-drawing-astonishing-amount-hate | Money
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HEALTH
TIME FOR THE FCC TO MODERNIZE THE RURAL HEALTH CARE PROGRAM
[SOURCE: Benton Foundation, AUTHOR: John Windhausen]
[Commentary] Every day, broadband is playing a bigger and bigger role in health care. Broadband can play a role in eliminating disparities in health care between urban and rural areas, and telemedicine can significantly lower the costs of care for everyone. But gaps in broadband availability, especially in rural areas, are preventing video-based diagnoses, remote patient monitoring, and electronic health record operability. In a recent filing, the Schools, Health & Libraries Broadband (“SHLB”) Coalition and a consortium of health care providers asked the Federal Communications Commission to initiate a rulemaking to modernize the Commission’s Rural Health Care program so it can help improve the quality of health care available to patients in rural communities and ensure that rural health care providers have access to telecommunications and broadband services. The FCC is seeking public comment on the SHLB Coalition petition. Comments are due January 14 and reply comments are due January 29, 2016. Like the FCC, the SHLB Coalition welcomes any reaction to our petition.
[John Windhausen, Jr. is the Executive Director of the Schools, Health & Libraries Broadband (SHLB) Coalition]
benton.org/headlines/time-fcc-modernize-rural-health-care-program | Benton Foundation
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TECH TRANSITION
FCC SHOULD STRENGTHEN ITS DATA COLLECTION EFFORTS TO ASSESS THE TRANSITION'S EFFECTS
[SOURCE: Government Accountability Office, AUTHOR: Mark Goldstein]
The Government Accountability Office was asked to examine the reliability of the nation’s communications network in an IP environment during times of crisis. GAO examined (1) the potential challenges affecting IP networks in times of crisis and how the challenges may affect end users, and (2) the actions the Federal Communications Commission, the Department of Homeland Security, and other stakeholders have taken to ensure the reliability of IP communications. GAO reviewed FCC and DHS documents as well as FCC proceedings and comments filed with FCC on the IP transition and emergency communications. GAO assessed FCC’s efforts to collect data on the effect of the IP transition. GAO interviewed officials from FCC and DHS, and representatives from the three largest telecommunications carriers, industry associations, and public interest and consumer advocacy groups. What GAO Recommends:
FCC should strengthen its data collection efforts to assess the IP transition’s effects. FCC did not agree or disagree with the recommendation and stated it has a strategy in place to oversee the IP transition. However, GAO continues to believe FCC should strengthen its data collection efforts.
benton.org/headlines/fcc-should-strengthen-its-data-collection-efforts-assess-transitions-effects | Government Accountability Office
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CONTENT
STREAMING MUSIC DECISION
[SOURCE: New York Times, AUTHOR: Ben Sisario]
A panel of federal judges increased the royalty that free Internet radio services like Pandora will pay record companies for the next five years, a decision that has been closely watched in the music industry and on Wall Street. Pandora and other webcasters like it will have to pay record companies 17 cents for every 100 times they play a song when they stream music to listeners who do not pay for subscriptions. The current rate is 14 cents. The decision, which takes effect next year, means that Pandora — the largest Internet radio service, and the music industry’s primary antagonist over two years of litigation — will pay millions more in royalties to record labels and performing artists to use their songs. But the rate set by the judges was also much lower than what the music industry wanted. In filings in the case, SoundExchange, a nonprofit licensing agency that represented the record companies, had asked the judges to set a rate of 25 cents per 100 plays.
benton.org/headlines/streaming-royalties-rise-not-high-music-industry-wanted | New York Times | Wall Street Journal
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