December 2015

Comcast’s New Data Caps Are Drawing an Astonishing Amount of Hate

[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.

Europe’s Justice Commissioner Prepares for a Difficult 2016

By any standard, Vera Jourova has had a busy 2016. As the European commissioner of justice, Jourova, a 51-year-old Czech, just helped to complete the largest overhaul in the region’s privacy rules in roughly 20 years. The changes could have serious consequences for some of the world’s largest tech giants like Google and Facebook, including potential fines of as much as 4 percent of companies’ global revenues if they run afoul of Europe’s tough data protection rules. Yet as Europe winds down for the end of the year, Jourova’s in-tray already is filling up for 2016.

Her most pressing task will be to complete a new trans-Atlantic data transfer agreement by the end of January. If a deal is not done by then, some of Europe’s national privacy watchdogs have suggested they could start investigations into companies that they believe are not protecting their citizens’ data. Jourova must also calm nerves across the region after the completion of the new, tough data protection rules. Along with heavy sanctions, the overhaul enshrines the so-called right to be forgotten into European law and forces any company with European customers -- even if it does not have headquarters in the 28-member European Union -- to comply or face potential fines.

Will China’s Censorship Spread?

[Commentary] On Dec 14, prominent human-rights lawyer Pu Zhiqiang went on trial for writing seven social-media posts criticizing Chinese policies and government officials. Supportive online messages posted during the trial were swiftly taken down. At the same time, China’s Internet began to fill with images of Wuzhen, a scenic southern river town that is playing host to China’s biggest annual Internet conference. And on Dec 15, China President Xi Jinping, in the presence of leaders of several Central Asian countries and a who’s who list from China’s biggest and richest online companies, laid out his vision for an Internet where governments like Beijing’s could regulate the Web how they see fit.

Wuzhen represents its effort to sell that approach abroad. The danger now, some human rights advocates argue, is that China is trying to get foreign firms to comply with its censorship rules while exporting this filtered and policed Internet model to other countries. Since the inaugural World Internet Conference in 2014, China has been promoting its notion of “Internet sovereignty” for global Internet governance -- each country should have ultimate power to determine what online traffic flows in and out of its territory. This model of closely monitored and censored Internet appeals to a lot of governments, said Roseann Rife, East Asia Research Director at Amnesty International. “The big fear is this becomes an accepted way to operate.”

China Touts Its Great Firewall in Push for Internet Control

China President Xi Jinping called for individual countries to have broad authority to regulate the Internet at home, outlining a digital future in which governments could set online standards and challenge the free flow of information and content across borders.

Speaking to an international audience at the kickoff of China’s second-annual World Internet Conference on Dec 16, President Xi promoted China’s vision for what it calls Internet sovereignty, meaning that others should respect a country’s right to regulate online activity as it sees fit. He also said no country should dominate cyberspace, a nod to China’s argument that the US has too much sway over how the Internet is run. “We should respect the right of individual countries to independently choose their own path of cyber development, model of cyber regulation, and participate in international cyberspace governance on an equal footing,” he said. “No country should pursue cyber hegemony, interfere in other countries’ internal affairs or engage in, connive at or support cyber activities that undermine other countries’ national security.”

FCC Should Strengthen Its Data Collection Efforts to Assess the Transition's Effects

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.

Senate probing whether Sen Cruz leaked classified surveillance data during debate

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."

The head of the NSA just undercut Rubio’s claims at debate

Republican presidential candidate Sen Marco Rubio (R-FL) tried to score national security points off his rivals over their support for ending the government’s bulk collection of phone metadata, suggesting that the country lost “a valuable tool” in its fight against terrorism. But the legislation that ended the National Security Agency’s mass storage of phone records did not leave counterterrorism officials in the lurch. In fact, during the GOP debate, as Sen Rubio was attacking Sen Ted Cruz (R-TX) over his vote for the USA Freedom Act, NSA Director Michael Rogers was telling a group of industry and intelligence officials that the new program “is working well so far.”

So what did the legislation change? Rather than the NSA gathering from phone companies each day millions of records about Americans’ phone calls -- the vast majority of whom are not suspected of terrorism activity -- the agency must now obtain a court’s permission to obtain data on each phone number it suspects of links to a terrorist group. Whether the new program, which is only three weeks old, will work better than the old is an open question. A presidentially appointed commission and an independent executive-branch privacy watchdog concluded that the bulk collection program did not thwart a single terrorist plot. Still, the GOP debate revealed a split in the party over government surveillance tools.

The real story behind Carly Fiorina’s NSA story

[Commentary] During the Dec 15 Republican debate, Carly Fiorina argued that the private sector would assist the government if it were only asked. To prove the point, she described an incident involving the National Security Agency when she was the chief executive of HP in 2001. "Let me tell you a story," she began: "Soon after 9/11, I got a phone call from the NSA. They needed help. I gave them help. I stopped a truckload of equipment. I had it turned around. It was escorted by the NSA into headquarters. We need the private sector's help, because government is not innovating. Technology is running ahead by leaps and bounds. The private sector will help, just as I helped after 9/11. But they must be engaged, and they must be asked. I will ask them. I know them."

One of the revelations that emerged following former NSA contractor Edward Snowden's leaks was that most requests from government security agencies did not involve expedited ordering procedures. If the government asks a company to send 50 products to them instead of to a warehouse -- and that it will pay -- it's easy for a company to acquiesce. What Snowden revealed, though, is that the government also asked companies to provide access to customer information and, in some cases, access to encrypted data. That's a much different ask.

‘Unfriending’ Trump supporters is just another example of how we isolate ourselves online

[Commentary] In the past week alone, thousands of Facebook users have publicly promised to unfriend each and every Donald Trump supporter in their network, regardless of -- in the words of one Trump critic -- “how long I’ve known you or how close we are.” Political scuffles aren’t unusual among friends and acquaintances, of course -- it’s part of the reason the topic is typically never raised in polite conversation. But in an era where Americans are both more polarized than ever and more able to tailor their environments to their preexisting views, standard disagreements have veered in an ugly, intolerant direction: one that’s inconsistent, critics argue, with our most fundamental democratic values.

In the era of News Feeds and content-blockers, however, avoiding discourse and dissent has never been so easy. Geographically and socially speaking, people have always clustered with other people who share their background and views: If you’re a Republican, or an atheist, or a member of the middle class, then it’s likely that your best friend and next door neighbor are, too. But thanks to the proliferation of partisan media and the rise of intermediaries like Facebook and Google News, it’s now also possible to tailor the information you get to your preexisting politics. And while activists have long championed the Internet as a means to encounter more diverse and “cross-cutting,” or opposite, views, experience suggests that hasn’t happened quite the way we thought it would.

Budget Bill Contains Tax Breaks for Media Companies

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.