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March 2016

White House Officials Soften Approach at RSA Conference

Attorney General Loretta E. Lynch joined a parade of Obama Administration officials to tech’s home turf on March 2. Their message: National security depends on the industry’s cooperation. The heavyweights from Washington arrived against the backdrop of Apple’s fight with the Federal Bureau of Investigation over access to an iPhone and a growing fissure between Washington and Silicon Valley. In a speech at the RSA Conference, arguably the world’s largest gathering of computer security experts, AG Lynch avoided directly addressing the fight with Apple, and emphasized the need to find middle ground. “I know that neither our technology companies nor their leaders have any sympathy for terrorists or criminals who target Americans,” AG Lynch told an audience at the city’s Moscone Center. “And the Department of Justice will never sacrifice the safety of the American people or the ideals we all cherish.”

But in a stage interview after her speech, AG Lynch was asked what the middle ground would be between the FBI and Apple. “For me, the middle ground” is to do “what the law requires,” AG Lynch responded, which drew a smattering of laughter and hisses from the audience. She said law enforcement has for years had Apple’s help getting access to iPhones without controversy, and that “having the inability to obtain evidence that could save lives is a real risk.”

“I have no idea”: The FBI director at the Apple judiciary hearing gets schooled on security tech by a congressman

Safe to say, Federal Bureau of Investigation Director James Comey was unprepared for a barrage of technical questions by Rep Darrell Issa (R-CA) during a hearing on iPhone encryption. The House Judiciary Committee is held the hearing after Apple refused to comply with a federal court order to help the FBI break into the iPhone 5c of one of the San Bernardino (CA) shooters by bypassing a security feature that erases its data after too many unsuccessful unlocking attempts. To do so, Apple said it would have to create a special version of its mobile operating system. In his opening statement at the hearing, Director Comey described the FBI’s request as akin to “asking Apple to take away the vicious guard dog and let[ting] us pick the lock.”

During his five minutes of questioning, Rep Issa repeatedly asked if the FBI had tried other solutions before asking Apple to comply. His questions centered around whether the FBI asked Apple for the source code. Though Rep Issa admitted he didn’t know if it was possible, he suggested the government agency could use the phone’s source code to make copies of its memory, potentially allowing the FBI to try as many unlocking combinations as necessary without losing valuable information. This, suggested Rep Issa, might be an alternative to compelling Apple to create a “back door.”

Innovation Deficit: Why DC is Losing Silicon Valley

[Commentary] The government is terrible at building and buying technology. I know it, you know it, and the government knows it. Some of the #ThanksObama crowd will try to make this a partisan issue, but it’s not. Giving credit where credit is due, President Barack Obama noticed the problem when he assumed elected office. He has said, “Government has done technology and IT terribly over the last 30 years and fallen very much behind the private sector. And when I came into government, what surprised me most was that gap”. Essentially, that means that our country’s IT department is worse than the guy on floor three who can’t get your printer to work for more than two days. But instead of printing PowerPoint decks, we’re fighting the Taliban, negotiating with Iran, monitoring borders, building planes, and sending satellites into space. These failures represent literally trillions of dollars of waste. And you don’t have to look very hard to find them: the F-35 Joint Strike Fighter, FBI’s Virtual Case File, IRS tech modernization, the Army’s Distributed Common Ground System (DCGS), DHS’s Secure Border Initiative Network, Future Combat Systems, just to name a few.

The main problem: we have a technology acquisitions system built around concepts that make no sense and around companies who stopped being effective decades ago.

[Trae Stephens is a Principal at Founders Fund, where he focuses on startups operating in the government space]

March 2, 2016 (Apple vs. FBI goes to the Hill)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for WEDNESDAY, MARCH 2, 2016 (HAPPY BIRTHDAY TO HEADLINES’ OWN ROBBIE McBEATH!)

FCC Oversight hearing and more on today’s agenda https://www.benton.org/calendar/2016-03-02

GOVERNMENT PERFORMANCE
   Regulating the Internet: How the White House Bowled Over FCC Independence - press release
   Idea to Retire: Old methods of policy education - Brookings op-ed [links to Benton summary]
   House Oversight Committee Wants to Give Agency CIOs Authority to Crack Down on Personal E-mail Use [links to nextgov]

INTERNET/BROADBAND
   Lifeline Reform Reaches the Home Stretch - Andrew Schwartzman analysis
   Public Interest Groups and Broadband Providers Urge Lifeline Modernization - press release
   Sens Introduce internet of Things bill the DIGIT Act [links to Benton summary]
   Mark Jamison’s seven steps to ensure you become over-regulated [links to American Enterprise Institute]

WIRELESS/SPECTRUM
   Sens Seek Time, Money For Post-Spectrum Auction Move
   LPTVs Ask FCC to Delay Spectrum Auction [links to Broadcasting&Cable]
   Verizon EVP: 5G Wireless Gigabit Technically Feasible; Could It Compete with Landline? [links to telecompetitor]
   Sprint’s Plan to Mortgage Its Airwaves [links to Bloomberg]

SECURITY/PRIVACY
   Apple vs. FBI goes to the Hill - Judiciary Committee press release
   Editorial: The iPhone Stays Locked, for Now [links to New York Times]
   Editorial: Apple Is Right on Encryption [links to Wall Street Journal]
   Intelligence Chiefs Begin Long Push to Renew Data Collection
   Members of Congress Propose National Commission on Security and Technology Challenges - press release
   Cable Operators Offer Up Privacy Framework
   Judge James Orenstein Has Something to Say [links to Benton summary]
   When technology and society outpace the law - analysis [links to Benton summary]
   Pentagon Deploys Cyberweapons Against Islamic State [links to Wall Street Journal]
   More than 11 million HTTPS websites imperiled by new decryption attack [links to Ars Technica]
   Why you probably shouldn’t be doing work on that in-flight Wi-Fi [links to Ars Technica]

OWNERSHIP
   Sen. Harry Reid Has Issues With Charter Deal [links to Broadcasting&Cable]
   Six Bay Area Newspapers to Consolidate Into Two

TELEVISION
   AT&T: OTT Video Plan Obviates Need for Set-Top Rules [links to Benton summary]
   AT&T Says It Wants to Sell You Web TV, Too [links to Benton summary]

DIVERSITY
   Study reveals surprising diversity among public TV viewership - [links to Benton summary]

ELECTIONS AND MEDIA
   The best political reporters in each of the 11 Super Tuesday states [links to Washington Post]
   An Incredibly Dorky Look At Each Presidential Candidate’s Technology Stack [links to Fast Company]
   The AP debuts “Election Buzz,” a tool that uses Twitter and Google data to track the U.S. elections [links to Associated Press]
   Campaign 2016: Why Celebrity Endorsements Are More Important Than You Think [links to Wrap, The]
   Trump dominates Google, Twitter on Super Tuesday [links to Hill, The]

CONTENT
   Code Is Political

JOURNALISM
   Gawker and Union Reach Agreement on Contract
   Shining light on explanatory journalism’s impact on media, democracy, and society - Brookings
   Can explanatory journalism cure the Internet? - Brookings [links to Benton summary]
   Explanatory journalism: A tool in the war against polarization and dysfunction - Brookings [links to Benton summary]
   After a hospital reportedly pulls ads, Georgia paper says it won’t back down on coverage [links to Columbia Journalism Review]

STORIES FROM ABROAD
   UK bill would mean UK police could hack phones and browse Internet records [links to Benton summary]
   Brazilian police detain Facebook executive over WhatsApp info dispute [links to Verge, The]
   Canada To Offer New Options In TV Packages [links to TVNewsCheck]
   Facebook Probed by German Antitrust Regulator Over User Data [links to Bloomberg]

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GOVERNMENT PERFORMANCE

HOW THE WHITE HOUSE BOWLED OVER FCC INDEPENDENCE
[SOURCE: US Senate Homeland Security and Governmental Affairs Committee, AUTHOR: Press release]
This report details how the Federal Communications Commission arrived at its decision to regulate the Internet like a public utility only after the President Barack Obama called for such a heavy-handed regime and how, in the process, career FCC staff raised serious administrative law questions about the shift. “This investigation has convinced me that the White House overrode the FCC’s decision-making apparatus,” said Senate Homeland Security and Governmental Affairs Committee Chairman Ron Johnson (R-WI). “It is concerning that an independent agency like the FCC could be so unduly influenced by the White House, particularly on an issue that touches the lives of so many Americans and has such a significant impact on a critical sector of the United States economy.” Details of the report:
Prior to the White House’s announcement in support of Title II reclassification, the career, professional staff at the FCC worked over a weekend to deliver FCC Chairman Tom Wheeler a draft Open Internet Order, adopting a “hybrid approach,” to be considered on the FCC’s December 2014 Open Meeting. Immediately after President Obama's statement, FCC staff expressed confusion as edits were suddenly delayed and the rapid timetable for completing the draft Open Internet Order was “paused.” At the conclusion of the pause, Chairman Wheeler instructed FCC staff to change course and draft an order that would follow the President’s proposal of a Title II reclassification.
The FCC staff raised concerns about the agency following proper notice-and-comment procedure, as required under the Administrative Procedure Act. Specifically, the FCC’s career professional staff advised that the record to support Title II reclassification for both fixed and wireless broadband was thin and needed to be bolstered. Despite this recommendation, the FCC chose not to seek additional public comment, and proceeded with the president’s preferred policy outcome.
Over the course of the committee’s investigation, the FCC refused to provide key responsive documents. Moreover, in the e-mails that were provided to the committee, it appears that there was an attempt by some to thwart transparency and avoid ex parte filings.
FCC Commissioner Ajit Pai said, "The report released yesterday by Chairman Ron Johnson of the Senate Committee on Homeland Security and Government Affairs paints a devastating portrait of the process that led to the adoption of President Obama’s plan to regulate the Internet on February 26, 2015...Whether you support or oppose Internet regulation, this has been a sad chapter in the history of the FCC. Moving forward, the Commission must recommit itself to being a truly independent agency that makes decisions based on the facts and the law, not on the whims of any White House."
FCC Commissioner Michael O'Rielly said, “I appreciate the work of Chairman Johnson and the Senate Homeland Security and Governmental Affairs Committee to shed additional light on the details of the Commission’s abrupt about-face on Title II. It crystallizes what most people knew in their hearts: the facts and process were thrown overboard in order to capitulate to the improper influence of the Administration. The final order is a discredit to the agency’s independence and the rule of law. Whether through the courts or a future Commission, this illegitimate net neutrality regime must go.”
benton.org/headlines/regulating-internet-how-white-house-bowled-over-fcc-independence | US Senate Homeland Security and Governmental Affairs Committee | Download the Report | Pai Statement | O'Rielly Statement | Wall Street Journal | The Verge | LA Times | The Hill
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INTERNET/BROADBAND

LIFELINE REFORM REACHES THE HOME STRETCH
[SOURCE: Benton Foundation, AUTHOR: Andrew Schwartzman]
[Commentary] The Federal Communications Commission is likely to vote on its Lifeline reform proceeding at its March 31 public meeting, including its plans to expand Lifeline from supporting only voice telephone service to include broadband Internet access. Because I previously delved into the history of the Lifeline program since its inception during the Reagan Administration, this post will review the policy justification for Lifeline and then focus on some of the specific issues the Federal Communications Commission is likely to consider.
https://www.benton.org/blog/lifeline-home-stretch
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LIFELINE LETTER
[SOURCE: Public Knowledge, AUTHOR: Press release]
Public Knowledge joined a broad cross-section of public interest groups [including the Benton Foundation] and broadband providers in a letter to support the Federal Communications Commission’s goal of bringing the Lifeline phone subsidy program into the modern era by extending the subsidy to broadband service. The letter reflects the almost universal support in the FCC’s record in this proceeding that Lifeline should offer the option of a broadband subsidy to recognize the critical role that Internet access plays in society. In the letter, 17 public interest groups and six broadband providers agree that “it is time that Lifeline eligible consumers have the opportunity to use their benefit to reduce the cost of subscribing to broadband Internet access service.” The signatories urge the FCC to strengthen the program and reduce costs by using a third-party verifier/administrator to determine consumer eligibility. They also encourage the FCC to adopt a uniform national policy for authorizing providers that would encourage maximum participation by providers while also protecting the integrity of the Lifeline program and the Universal Service Fund. This letter follows the FCC’s June 2015 Further Notice of Proposed Rulemaking that considered extending Lifeline to broadband.
benton.org/headlines/public-interest-groups-and-broadband-providers-urge-lifeline-modernization | Public Knowledge
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WIRELESS/SPECTRUM

SENS SEEK TIME, MONEY FOR POST-SPECTRUM AUCTION MOVE
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
A bipartisan group of Senators has filed an amendment that would use the MOBILE Now Act as a vehicle to give broadcasters more time and money to make the post-incentive auction transition. The amendment could still be withdrawn or defeated, but if it were approved, it would boost the relocation fund by a billion dollars from $1.75 billion to $2.75 billion and give broadcasters six years rather than three years to make the transition. The goal is to insure that no TV station is forced to stop broadcasting due to circumstances beyond its control. Filing the amendment were Sens Jerry Moran (R-KS), Tom Udall (D-NM), Roy Blunt (R-MO) and Richard Blumenthal (D-CT). The Senate Commerce Committee is scheduled to mark up the MOBILE NOW Act March 3.
benton.org/headlines/sens-seek-time-money-post-spectrum-auction-move | Broadcasting&Cable
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SECURITY/PRIVACY

APPLE VS FBI
[SOURCE: House of Representatives Judiciary Committee, AUTHOR: Press release]
The House Judiciary Committee held a hearing on “The Encryption Tightrope: Balancing Americans’ Security and Privacy.” At the hearing, members of the House Judiciary Committee closely examined the concerns raised by law enforcement and American technology companies in order to help find a solution that allows law enforcement to effectively enforce the law without harming the competitiveness of US encryption providers or the privacy and security protections it delivers for US citizens. FBI Director James Comey told members of the House Judiciary Committee that there is no way for the Bureau to unlock the San Bernardino terrorist’s iPhone without Apple’s support and code. He also testified that the decision in Apple v. FBI could set a precedent for future cases and that Congress will ultimately have to decide on the broader question this issue poses for Americans’ privacy and security. Cyrus Vance Jr., the District Attorney for New York County, told members of the Committee that state and local law enforcement agencies handle 95% of criminal cases each year around the country and that their lack of access to encrypted phones has had an impact on their ability to conduct criminal investigations. He stated that criminals are well-aware of “warrant-proof” encryption. Bruce Sewell, the Senior Vice President and General Counsel for Apple, told members of the Committee that Apple is in an arms race with criminals and hackers and the company wants to assure its customers that their information cannot be stolen. Apple’s goal in strengthening encryption is to protect the security and privacy of millions of iPhone users. Sewell expressed concern that the FBI’s request would create unintended consequences and compromise consumers’ personal information stored on Apple devices. He also told members that Congress – not the courts – must decide on this issue.
benton.org/headlines/apple-vs-fbi-goes-hill | House of Representatives Judiciary Committee | NYTimes | WSJ | FT | CSM | SJ Mercury News | The Guardian
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INTELLIGENCE CHIEFS BEGIN LONG PUSH TO RENEW DATA COLLECTION
[SOURCE: Morning Consult, AUTHOR: Amir Nasr]
Intelligence officials are already campaigning in Congress to renew the law that serves as the basis for US federal intelligence agencies to collect information on foreign individuals. Section 702 of the Foreign Intelligence Surveillance Amendments Act expires in December 2017. But because of its controversial history, spy agency heads are beginning to rally support for its renewal now. The provision permits the director of national intelligence and attorney general to target certain non-Americans outside the US and monitor their communications. With it, agencies can spy on foreigners who are believed to be threats to the US. Critics have hit back against the provision because it also serves as the basis for the National Security Agency’s bulk data collection program. That’s the program that Edward Snowden revealed was collecting information on millions of Americans. At an open House Intelligence Committee hearing, the intelligence chiefs began making their case for the renewal of Section 702. Central Intelligence Agency Director John Brennan said, “702 is a critical tool for CIA for the collection for foreign intelligence as well as our operational activities.” Director Brennan added, “There have been numerous instances over the years where 702 has been instrumental in our ability to uncover and also help disrupt activities that are a threat to our national security interests.” He declined to elaborate further in an unclassified context. Director of National Intelligence James Clapper corroborated that sentiment and added that he and the intelligence community are working to get Congress on their side.
benton.org/headlines/intelligence-chiefs-begin-long-push-renew-data-collection | Morning Consult
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MCCAUL, WARNER LEAD BIPARTISAN COALITION TO ESTABLISH NATIONAL COMMISSION ON DIGITAL SECURITY
[SOURCE: House of Representatives Homeland Security Committee, AUTHOR: Press release]
House Homeland Security Committee Chairman Michael McCaul (R-TX) and Sen Mark Warner (D-VA) introduced the National Commission on Security and Technology Challenges. The purpose of this Commission is to collectively address the larger issue of protecting national security and digital security, without letting encrypted communications become a safe haven for terrorists. This Commission would bring together the most capable experts and stakeholders from law enforcement, the technology industry, the intelligence community, and privacy and civil liberties communities to discuss the challenges and advise policy makers on this complex issue. The Commission would also provide recommendations on the best path forward for the security of our nation and the public safety of Americans. The McCaul-Warner Commission on Digital Security was introduced in the House on Monday, February 29, 2016 with the following original cosponsors: Reps Jim Langevin (D-RI-02); Pat Meehan (R-PA-07); Suzan Delbene (D-WA-01); Mike Bishop (R-MI-08); Ted Lieu (D-CA-33); Will Hurd (R-TX-23); Kathleen Rice (D-NY-04); Blake Farenthold (R-TX-27); Eric Swalwell (D-CA-15); Dan Donovan (R-NY-11); Jerry McNerney (D-CA-09); Barbara Comstock (R-VA-10); Mimi Walters (R-CA-45); Ryan Costello (R-PA-06); Dave Reichert (R-WA-08). The bill was introduced in the Senate by Sens Warner, Cory Gardner (R-CO), Brian Schatz (D-HI), Susan Collins (R-ME), Michael Bennet (D-CO), Shelley Moore Capito (R-WV), Angus King (I-ME) and Dean Heller (R-NV).
benton.org/headlines/members-congress-propose-national-commission-security-and-technology-challenges | House of Representatives Homeland Security Committee | Sen Warner
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CABLE OPERATORS OFFER UP PRIVACY FRAMEWORK
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The National Cable & Telecommunications Association and American Cable Association have joined with other trade and tech groups to offer up what is being billed as a consensus privacy framework outlining guiding privacy principles. In essence, the framework is an articulation of NCTA's argument that rather than come up with new rules and regulations, the Federal Communications Commission should, as the new proposal says, "[pursue] reasonable enforcement actions against telecommunications service providers that have clearly violated these principles." That is the Federal Trade Commission model. The FTC has enforcement authority but very limited authority to promulgate new regulations. The proposal, which was offered up in a letter to FCC Chairman Tom Wheeler comes as the FCC prepares a proposal on how to oversee broadband subscriber privacy—a new authority under its Title II reclassification—as it currently does traditional video customer network proprietary information (CPNI). A vote on that proposal could come as early as this month's public meeting. NCTA and ACA, joined by USTelecom, CTIA and the Competitive Carriers Association, said the FCC should focus on four things: "(1) transparency; (2) respect for context and consumer choice; (3) data security; and (4) data breach notification."
benton.org/headlines/cable-operators-offer-privacy-framework | Broadcasting&Cable
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OWNERSHIP

PAPERS TO CONSOLIDATE
[SOURCE: Associated Press, AUTHOR: ]
Six daily newspapers in the San Francisco Bay Area will be merged into two, one serving Oakland and the East Bay and the other Silicon Valley. In the East Bay, The Contra Costa Times, Oakland Tribune, The Daily Review and The Argus would combine to become the new East Bay Times. In Silicon Valley, The San Jose Mercury News and The San Mateo County Times would form The Mercury News.
benton.org/headlines/six-bay-area-newspapers-consolidate-two | Associated Press
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CONTENT

CODE IS POLITICAL
[SOURCE: Vice, AUTHOR: Julianne Tveten]
Remember TrumpScript, the satirical Python-based programming language targeting the eponymous presidential candidate that popped up on the Internet earlier in 2016? It’s unlikely that it will be used to write much software, but its quirks—including the tagline “Making Python great again” and the inability to run on computers in China and Mexico—resonated with those baffled by Donald Trump's election-season pronouncements. When did coding become political speech? As it turns out, TrumpScript is part of a broader phenomenon in which programming languages serve non-computational purposes. Prior to TrumpScript's release, a number of “esoteric” languages—Arnold C and LOLCODE, to name a few—surfaced, infusing blithe humor into computer code to create subcultural inside jokes. Concomitantly, and perhaps more surprisingly, artists and computer scientists have been revealing code as a political force, using its syntax, grammar, and orthography to encourage serious discourse about social change.
benton.org/headlines/code-political | Vice
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JOURNALISM

GAWKER AND UNION REACH AGREEMENT ON CONTRACT
[SOURCE: New York Times, AUTHOR: Ravi Somaiya]
Gawker Media and the union that represents its employees announced that they had reached an agreement on a labor contract, the first designed and negotiated specifically for a digital media company. The contract, which the union, the Writers Guild of America, East, described as unique, says that editorial decisions must be made strictly by editorial staff, sets a minimum annual salary of $50,000 and ensures 3 percent yearly raises for staff members this year and for the next two years. Employees should receive severance amounting to two weeks for every year of service, it says. But employment is at-will, which the company argues allows it to respond to market conditions. The company described the negotiations as “occasionally intense but always collegial” and said that the agreement would guarantee writers and others “the security, fair wages and quality benefits they have earned” and the company’s management “the flexibility to run the business effectively in a fast-paced and fluid environment.” The Gawker staff will vote on the contract in the coming days.
benton.org/headlines/gawker-and-union-reach-agreement-contract | New York Times
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EXPLANATORY JOURNALISM'S IMPACT ON MEDIA, DEMOCRACY, AND SOCIETY
[SOURCE: Brookings, AUTHOR: John Hudak]
[Commentary] Explanatory Journalism is a craft that members of the media have used for quite some time. Its newfound popularity and seemingly industry-wide en vogue status belies a long history and tradition by which journalists offer deep, engaging, detail-oriented accounts of important issues and events. What is often lost in the discussion of explanatory journalism is that we all learn from it in two ways. Such work informs us about the given topic or issue a news item is engaging. That is, explanatory journalism makes us better, more knowledgeable consumers of news. But we also learn to be better producers of news and information when we emulate the style and format of explanatory journalism. For some time, think tanks like Brookings have delivered ideas and recommendations to readers using a form similar to explanatory journalism. We share with them a common goal of communicating ideas of great consequence in a thoughtful and impactful manner. For that reason, we’ve turned our academic attention to better understanding the functionality and the impact of explanatory journalism. In this new project, we highlight insights from esteemed journalists and scholars alike.
benton.org/headlines/shining-light-explanatory-journalisms-impact-media-democracy-and-society | Brookings | Brookings Project
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Apple vs. FBI goes to the Hill

The House Judiciary Committee held a hearing on “The Encryption Tightrope: Balancing Americans’ Security and Privacy.” At the hearing, members of the House Judiciary Committee closely examined the concerns raised by law enforcement and American technology companies in order to help find a solution that allows law enforcement to effectively enforce the law without harming the competitiveness of US encryption providers or the privacy and security protections it delivers for US citizens.

FBI Director James Comey told members of the House Judiciary Committee that there is no way for the Bureau to unlock the San Bernardino terrorist’s iPhone without Apple’s support and code. He also testified that the decision in Apple v. FBI could set a precedent for future cases and that Congress will ultimately have to decide on the broader question this issue poses for Americans’ privacy and security.

Cyrus Vance Jr., the District Attorney for New York County, told members of the Committee that state and local law enforcement agencies handle 95% of criminal cases each year around the country and that their lack of access to encrypted phones has had an impact on their ability to conduct criminal investigations. He stated that criminals are well-aware of “warrant-proof” encryption.

Bruce Sewell, the Senior Vice President and General Counsel for Apple, told members of the Committee that Apple is in an arms race with criminals and hackers and the company wants to assure its customers that their information cannot be stolen. Apple’s goal in strengthening encryption is to protect the security and privacy of millions of iPhone users. Sewell expressed concern that the FBI’s request would create unintended consequences and compromise consumers’ personal information stored on Apple devices. He also told members that Congress – not the courts – must decide on this issue.

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