March 2016

FTC Commissioner Julie Brill to Resign

Julie Brill, who has served as a Commissioner of the Federal Trade Commission since April 2010, will resign her position at the end of March to enter private practice. Hogan Lovells announced that Brill will join the firm as a partner and co-director of the Privacy and Cybersecurity practice on April 1. A Democrat, Brill was appointed by President Barack Obama and sworn in on April 6, 2010.

Prior to joining the FTC, Commissioner Brill was the Senior Deputy Attorney General and Chief of Consumer Protection and Antitrust for the North Carolina Department of Justice. Before that, she served as an Assistant Attorney General for Consumer Protection and Antitrust for the State of Vermont for over 20 years. At Hogan Lovells, as co-director of the Privacy and Cybersecurity practice, Brill succeeds co-director and founding partner Christopher Wolf, who will transition to a senior status at the firm. She will be joined in leadership with Marcy Wilder, co-director of the Privacy and Cybersecurity practice; Harriet Pearson, leader of the firm’s Cybersecurity Solutions Group and Cyber Risk Services business unit; and Eduardo Ustaran, a partner in the firm’s London office, and leader of the firm’s European data protection practice.

Seattle Mayor: Municipal broadband too costly; public-private deal is way to go

The best way to expand Internet access in Seattle (WA) is through public-private partnerships, Seattle Mayor Ed Murray said at a regional broadband conference. The mayor reiterated the position he formed after a city-commissioned study released last summer showed it would cost between $480 million and $665 million to build out a municipal-broadband network across the city. That price tag is less than previously estimated, but the mayor said it was still too much to be feasible.

“When I came into office, I was very excited about the possibility of municipal broadband until the study came back and indicated it would be literally the largest tax increase in Seattle,” Mayor Murray said. The mayor’s office later clarified that financing a municipal broadband system would result in one of the largest tax increases in the city. The $930 million Move Seattle transportation levy approved by voters last fall may be bigger, depending on the exact cost of municipal broadband.

FCC Must Preserve Lifeline to the Internet

[Commentary] Recently, the Federal Communications Commission put good government on display when FCC Chairman Tom Wheeler announced plans to modify its Lifeline program to include high-speed Internet access to low-income Americans. The Lifeline program was established by the Reagan Administration to ensure low-income households have a landline phone, an essential utility. On March 31, the FCC will vote on the next important upgrade to this nonpartisan program, which received its last upgrade when President George W. Bush expanded it to include wireless services. Times have changed, as have our lifelines.

The way we relied on a landline phone in the 1980s is barely comparable to how dependent today’s household is on broadband (high-speed) Internet. A 2015 Pew Broadband Study found that nearly half of all homes with incomes under $30,000 do not have Internet access, even as “Americans—both broadband users and those who do not have broadband—are increasingly likely to view home broadband as a key tool for accessing information that is important to their lives.” High-speed Internet has become the modern world’s lifeline. The members of the Writers Guild of America, East have been vocal supporters of network neutrality, as it ensures the internet remain a level playing field for content creators and the public. Now, the FCC has the opportunity to bridge the gap between those who can instantly access breaking video from almost anywhere in the world and low-income Americans who can’t even open e-mail at home.

[Michael Winship is president of the Writers Guild of America, East and senior writer of Moyers & Company and BillMoyers.com. Lowell Peterson is executive director of the Writers Guild of America, East]

CenturyLink: 10/1 Mbps broadband requirement is too rigid for Lifeline customers

CenturyLink supports the Federal Communications Commission's efforts to realign the Lifeline program to focus on broadband, but the service provider wants to ensure that the reforms don't unintentionally leave some consumers behind. In an FCC filing, CenturyLink said that it should have others besides the telecommunication companies handle verification while setting 10/1 Mbps requirement might not apply to some users that want to use other lower speed services or can't get such a connection. "If the program is to be modernized to support broadband, program administration needs to meaningfully streamlined for all providers -- particularly by promptly shifting eligibility verification to a third party and by not requiring offering of all Lifeline options," CenturyLink said in a FCC filing. "The company also cautioned against making participation mandatory for any providers or applying a rigid 10/1 Mbps minimum service level for wireline broadband service, as it would limit options for consumers who may prefer less expensive options or who live in areas where only lower speeds are be currently available."

Google Fiber, competition, and affordable broadband for all

[Commentary] In Feb, Google Fiber, the broadband Internet and TV subsidiary of Alphabet, announced the rollout of free gigabit Internet service for the West Bluff neighborhood in Kansas City (MO). This is the first step in the company’s plan to provide free gigabit service to public housing in all cities where fiber is available through a partnership with the White House’s ConnectHome program. This list currently includes four cities, but with seven cities approved for fiber rollout and another eleven potential fiber cities, it is possible the service could expand rapidly in the near future.

Google Fiber’s growth and continued partnership with the Department of Housing and Urban Development have far-reaching implications for the future of the nation’s broadband infrastructure. This partnership raises the subject of how Google Fiber determines which cities will receive access to the service, and what can be done for those outside of the company’s reach. As the fiber expansion map shows, Google Fiber’s focus remains in the Southeast and West. It has been suggested that Google Fiber looks for small cities that have high growth potential, an existing fiber infrastructure, and a local government willing to draft regulations that make entry into the market easier (sometimes with unintended consequences). Google Fiber’s effort to bring free gigabit service to public housing in the cities they serve is a positive step, but affordability barriers will persist until markets beyond Google Fiber’s reach become more competitive.

President Obama is threading the needle with his encryption stance, for good reasons

[Commentary] When weighing the current “encryption problem,” the US sitting president must appear strong on law and order while defending our civil liberties. It’s a fine line that’s complicated by an awareness that he also must appear “modern,” fully aware of technology’s power and limits. All things considered, I think he’s more than up to to the challenge.

President Barack Obama is right to caution us: There’s a long history of police organizations bristling at the limitations imposed upon them by our Bill of Rights. When something really bad happens, officials prey on our aroused emotions to sneak bad laws into the books. In France, these are called lois scélérates—evildoer laws. Right now, the French are having a go at such reactionary legislation after the Nov 13th attacks. The new enforcement tools are almost always abused, even if the abuse is couched as part of a greater good. One such bad example is the civil forfeiture provisions that are used to seize cars and money outside of the usual due process in order to beef up a police department’s budget so that evildoers can be more effectively thwarted. I believe President Obama believes unbreakable cryptography is the lesser of two bad choices…but he must weigh what he says. Can we really expect him to say that the FBI is wrong? Instead, he lets the FBI push hard, absorbs some of the reflected sunshine for pursuing law and order, and allows the San Bernardino (CA) case to take the long, arduous road to the Supreme Court. And backdoor legislation will be introduced and discussed and discussed, with the tech industry up in arms—and dollars—against it. By then, Barack Obama will be a former president, free at last to say what he really thinks. I can’t wait.

Senate proposal on encryption gives judges broad powers

A bipartisan group of Senators has begun circulating long-awaited draft legislation that would give federal judges clear authority to order technology companies like Apple to help law enforcement officials access encrypted data, apparently. The proposal from Senate Intelligence Committee Chairman Richard Burr (R-NC) and Vice Chairman Dianne Feinstein (D-CA) does not spell out how companies must provide access or the circumstances under which they could be ordered to help. It also does not create specific penalties for noncompliance, leaving that determination to judges, apparently.

Previous legislative efforts have focused on requiring technology products to have a built-in "back door" for law enforcement. The latest approach would not mandate any specific technology, but rather would require companies to figure out how to access the data. Congress has tried and failed for years to pass legislation that could prevent criminals and spies from "going dark," or hiding from law enforcement by using encrypted computer and communications services. The latest effort died when the Obama Administration signaled last fall that it would not support it. But Apple's high-profile showdown with the government over a federal magistrate judge's order that it unlock an iPhone connected to the mass shooting in San Bernardino (CA) has reopened the debate.