“For us to expect inmates will possess the skills necessary to survive in the free world, we'll have to come to the realization they'll have to use these things."
Douglas Smith III, Chief Information Officer, Florida Department of Corrections
President Barack Obama announced that his Administration is calling on the Federal Communications Commission to open up set-top cable boxes to competition. This will allow for companies to create new, innovative, higher-quality, lower-cost products. Instead of spending nearly $1,000 over four years to lease a set of behind-the-times boxes, American families will have options to own a device for much less money that will integrate everything they want — including their cable or satellite content, as well as online streaming apps — in one, easier-to-use gadget.
But we’re not stopping there. The President announced a broader new initiative through an Executive Order that calls on departments and agencies to make further progress through specific, pro-competition executive actions that empower and inform consumers, workers, and entrepreneurs. In 60 days, agencies will report back on specific areas where we can make additional progress. Alongside that announcement, the White House Council of Economic Advisers (CEA) released a new issue brief that describes the many benefits of competition, highlights recent work by the independent antitrust authorities, and argues that consumers, workers, entrepreneurs, and small businesses would benefit from additional policy actions to promote competition within a variety of industries. These new steps will build on pro-competition progress we’ve made—from cell phone unlocking to network neutrality, from cracking down on conflicts of interest in retirement advice to efforts to free up essential technologies so that big incumbent companies can’t crowd out their competitors.
[Commentary] In January, Federal Communications Commission Chairman Tom Wheeler announced new rules that will soon require pay TV providers to deploy technology that will “unlock” the humble set-top box. Now that the agency has published the details of Chairman Wheeler’s plan, the devil has proven to be very much in the details. Like Pandora, opening the set-top box will unintentionally let loose the video industry’s most pernicious demons — many of them the creation of the FCC in the half-century since the disruptive introduction of cable TV in the 1950s.
For one thing, Chairman Wheeler failed to mention that this is at least the fourth time the FCC has tried to establish new technical standards for a video industry already experiencing accelerating transformation, or what my co-author and I refer to as “Big Bang Disruption.” All the earlier efforts failed utterly. And by ignoring that history, the agency is poised to repeat it. Chairman Wheeler’s proposal seemed to many like a no-brainer — free money for consumers at the stroke of a pen. Now that we know what the FCC is really up to, it’s clear that nothing could be further from the truth. CableCARD 2.0 will likely cost consumers more, and will expose their viewing habits to, well, everyone. The new standard will be a virus, infecting every future video device, app and service for years to come.
[Larry Downes is Project Director at the Georgetown Center for Business and Public Policy]
A coming government auction of wireless airwaves has attracted an unusually large number of individuals to an affair typically dominated by corporate giants such as AT&T and Verizon Communications. While such auctions usually draw a few outsiders, nearly 30 of the 104 applications submitted by this auction’s potential bidders are from individuals without corporate ties. No other auction in the past decade has drawn more than nine individuals, according to Federal Communications Commission records.
The individual bidders in the current auction include an elected official in California, a young Wisconsinite, and a retired school principal in Chicago. They all are asking for a 25% discount, an incentive that Congress encouraged the FCC to create more than two decades ago to attract new entrants to the wireless industry. The unusual number of individuals among 2016’s would-be bidders has raised questions within the FCC.
The Republican National Committee's exclusive data provider, Data Trust, is set to announce a slew of new partnerships with digital ad firms, part of an effort to make the party's voter information more readily available to candidates and allies after years of lagging Democrats. Data Trust has formed relationships with Google, Facebook, Rocket Fuel, Collective, Quantcast, Resonate, TubeMogul, Targeted Victory and Yume, according to the company, that will let right-leaning organizations go directly to those companies and target video, display, mobile and social ads using the RNC data managed by Data Trust. The data in play is the RNC's core information on voter history, Data Trust said. It will not include proprietary strategic information such as voter scores that individual campaigns might feed into their databases at Data Trust. Other digital ad firms have offered targeting using voter data for years, but this is the first time since Data Trust was formed in 2013 as the RNC's exclusive data provider that the party's information has become available through wide distribution with ad tech firms.
[Commentary] Many think the Internet guarantees networked government, as if information systems endowed agencies with a strong capacity to collaborate on important challenges. Many still think that computing reduces layers and blurs boundaries within and across organizations. It is true that some roles, tasks, and entire swathes of organizations have been automated (file handling, information sharing, printing) or externalized (e-mail, social media, cloud services). However, computing is merely an enabler for networked organizations.
The fallacy that technology alone fosters collaboration and networks is so pervasive that I’ve written a white paper for the presidential transition recommending that the next administration include “management” as a key part of transition, specifically management to develop and sustain interagency collaboration. This paper notes the technology’s inability to foster collaborative networks by itself, and highlights an emerging ecosystem of institutions that support effective and sustainable collaboration across agencies. In the ecosystem, each organization fills a niche or specific role. These niche organizations interact to implement policies and manage initiatives across the federal government. While some dimensions of the ecosystem focus on information technology, most reinforce and support the many organizational changes that make interagency initiatives feasible and sustainable over time.
[Dr. Jane Fountain is distinguished university professor of political science and public policy, and the director of the National Center for Digital Government, at the University of Massachusetts Amherst]
The percentage of US commercial buildings with fiber connections to businesses rose to 46.2% in 2015, according to the latest business fiber report from Vertical Systems Group. In translation, that equates to more than 2 million individual business establishments, the market research company highlights in a press release. New fiber installations in greenfield metro areas and mid-sized multi-tenant buildings on the part of network operators fueled growth, as did property developers, which are now incorporating fiber connections in construction of new multi-tenant and company-owned buildings as a matter of course.
CURB Your Enthusiasm: House Passes Ban on Broadband Rate Regulation and Considers Capping Lifeline Program
You’re reading the Benton Foundation’s Weekly Round-up, a recap of the biggest (or most overlooked) telecommunications stories of the week. The round-up is delivered via e-mail each Friday; to get your own copy, subscribe at www.benton.org/user/register
Robbie’s Round-Up for the Week of April 11-15, 2016
BENTON'S COMMUNICATIONS-RELATED HEADLINES for FRIDAY, APRIL 15, 2016
GOVERNMENT & COMMUNICATIONS
Senate Intelligence Committee Leaders Release Discussion Draft of Encryption Legislation - press release
New Electronic Privacy Measure Faces Senate Hurdles
Microsoft sues DOJ over law banning tech firms from telling customers about data requests
US court agrees with feds: Warrants aren’t needed for cell-site location data [links to Ars Technica]
When surveillance perpetuates institutional racism [links to International Association of Privacy Professionals]
FBI Used Hacking Software Decade Before iPhone Fight [links to New York Times]
Can Silicon Valley Help The State Department Track Weapons Of Mass Destruction? [links to Fast Company]
Having the bigger gun: 'House of Cards,' surveillance, and you [links to International Association of Privacy Professionals]
GOVERNMENT PERFORMANCE
FCC: Inspector General Sought Delayed Release of Lifeline Notice of Apparent Liability
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INTERNET/BROADBAND
US Court of Appeals for the District of Columbia Circuit is about to make one of the most important decisions in the history of the Internet
Cox Extends ‘Connect2Compete’ to HUD-Assisted Homes
OWNERSHIP
Charter Buys Clearview Networks
TELEVISION
President Obama hopes cable set-top box rule will usher in new era of competition [links to USAToday]
AGENDA
US Court of Appeals for the District of Columbia Circuit is about to make one of the most important decisions in the history of the Internet
FCC Commissioner Clyburn Announces Launch of Her #ConnectingCommunities Tour - press release
Europe nearing Google antitrust charges [links to Financial Times]
Alphabet’s Sidewalk Labs is nearing the possible construction of a futuristic district with superfast Internet and autonomous cars [links to Information, The]
SPEECHES
Remarks of Commissioner Clyburn at International Institute of Communications Annual Conference - speech
Prepared Remarks of Commissioner Clyburn at ITU Global Symposium for Regulators - speech
WIRELESS/SPECTRUM
A Step toward an Effective Spectrum Sharing Framework - AT&T press release [links to Benton summary]
ELECTION 2016
Battery Charge Against Corey Lewandowski, Trump Campaign Manager, Is Dropped [links to New York Times]
Verizon CEO, Bernie Sanders spar over strike [links to USAToday]
Local TV stations counting on political ads worry about Donald Trump's ability to get free airtime [links to Benton summary]
How conservative megadonors built a shadow GOP that weakened the official party [links to Vox]
Americans triple their political news intake in 2016 [links to Benton summary]
CONTENT
Congress to hold hearing on fantasy sports [links to Hill, The]
UC Davis spent $175,000 to bury search results after cops pepper-sprayed protestors [links to Verge, The]
How do you stop online harassment? Try banning the men. [links to Washington Post]
EDUCATION
Technical glitches plague computer-based standardized tests nationwide [links to Benton summary]
Facebook's ad chief: Let's rethink STEM [links to CNNMoney]
HEALTH
The government may want a refund for its $30 billion investment in electronic medical records [links to American Public Media]
JOURNALISM
Do we need a White House press corps? - op-ed [links to Benton summary]
New York Times Plans International Digital Expansion [links to New York Times]
Americans triple their political news intake in 2016 [links to Benton summary]
OPEN GOVERNMENT
Federal Data Should Be Open to the Public by Default, Lawmakers Say [links to nextgov]
POLICYMAKERS
NTIA Seeks Nominees for First Responder Network Authority Board Members - public notice [links to Benton summary]
Nationwide Network of Urban Chief Data Officers Prompts Collaboration to Address Social Issues [links to Government Technology]
MORE ONLINE
Investigating the algorithms that govern our lives [links to Columbia Journalism Review]
GOVERNMENT & COMMUNICATIONS
COMPLIANCE WITH COURT ORDERS ACT
[SOURCE: US Senate Select Committee on Intelligence, AUTHOR: Press release]
Senate Select Committee on Intelligence Chairman Richard Burr (R-NC) and Vice Chairman Dianne Feinstein (D-CA) released the Compliance with Court Orders Act of 2016; draft legislation which reinforces that all entities must comply with court orders to protect Americans from criminals and terrorists. The senators will now solicit input from the public and key stakeholders before formally introducing the bill. The bill ensures that everyone must comply with court orders to protect America from criminals and terrorists.
Sense of Congress. The bill establishes that:
No one is above the law. Court order recipients must comply with the rule of law.
Providers of communications services and products should protect United States persons’ privacy with strong data security while still complying with court orders and other legal requirements.
Covered Entities are subject to the bill’s requirements. Covered Entities include device manufacturers, software manufacturers, electronic communication services, remote communication services, providers of wire or electronic communication services, providers of remote communication services, or any person who provides a product or method to facilitate a communication or to process or store data.
Covered Entities must provide information or data. Covered entities that receive a court order for information or data for the investigation or prosecution of specified serious crimes must provide it to the government in an intelligible format or provide the technical assistance necessary to do so.
Covered entities are responsible only for the information or data that they (or another party on their behalf) have made unintelligible.
Covered entities shall be compensated for the reasonably necessary costs incurred in providing the intelligible data or required technical assistance.
The government cannot require or prohibit any specific design or operating system for any covered entity to use in complying with a court order.
Certain communication service providers that distribute licenses for a covered entity’s products and services also must ensure that these products and services are capable of providing information or data in an intelligible format.
No new collection authorities. The bill does not create any new collection authorities for the government to obtain communications. The bill simply requires covered entities to ensure that the government’s lawfully-obtained evidence is readable—so that law enforcement can solve crimes and protect our communities from criminal and terrorist activities.
benton.org/headlines/senate-intelligence-committee-leaders-release-discussion-draft-encryption-legislation | US Senate Select Committee on Intelligence
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EMAIL PRIVACY ACT
[SOURCE: Morning Consult, AUTHOR: Amir Nasr]
The Email Privacy Act, a bill aimed at tweaking a 30-year-old electronic privacy law to incorporate email systems, took a step forward when the full House Judiciary Committee voted 28-0 to advance it. Observers say the popular measure could easily make it through the House, but the Senate might pose problems. Civil enforcement agencies are seeking an exception to the bill’s requirements, and at least one powerful senator, Judiciary Committee Chairman Chuck Grassley (R-Iowa), is sympathetic to their concerns. The would update the 1986 Electronic Communications Privacy Act to require law enforcement officials to obtain a warrant before compelling an email provider to turn over the contents of a suspect’s electronic communications that have been stored for more than 180 days. The bill would also require a warrant for messages and emails stored in cloud services. (In the past, those types of messages were considered abandoned.) The Securities and Exchange Commission and the Federal Trade Commission have argued that the measure could impede their ability to go after crimes such as fraud if their suspects can delete their emails once a warrant is issued.
benton.org/headlines/new-electronic-privacy-measure-faces-senate-hurdles | Morning Consult
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MICROSOFT SUES DOJ OVER LAW BANNING TECH FIRMS FROM TELLING CUSTOMERS ABOUT DATA REQUESTS
[SOURCE: Washington Post, AUTHOR: Ellen Nakashima]
Microsoft wants a federal judge in Seattle (WA) to strike down a law that allows courts to prohibit a tech company from telling customers that the government has sought their data. In a civil suit filed April 14 against the Justice Department, the tech giant revealed that in the past 18 months alone federal courts have issued almost 2,600 orders preventing Microsoft from alerting customers their data has been obtained in criminal probes. Notably, more than two-thirds — some 1,750 orders — had no fixed end date. “This means that we are forever barred from speaking, and our customers are forever barred from hearing that the government has accessed their email or other content,” said Brad Smith, Microsoft’s president and chief legal officer. “So this matters to people and the rights that all of us are entitled to enjoy under the Constitution.” With people storing their e-mails and other sensitive data in tech companies’ servers, the government is increasingly serving search warrants on companies for suspects’ data rather than on the individuals themselves. So the only way the target knows their data is being searched is if either the government or tech company tells them. More and more, Microsoft said, these warrants are accompanied by gag orders of indefinite duration. And in these cases, the firm said, the government is not required to notify the target. The secrecy orders issued under the law in question, which is part of the Electronic Communications Privacy Act, violate customers’ Fourth Amendment right that a search be reasonable, the firm alleged. The law also violates Microsoft’s First Amendment right, the company alleged, to talk to its customers and discuss how the government conducts investigations.
https://www.washingtonpost.com/world/national-security/microsoft-sues-to...
Microsoft sues US over secret demands for customer data (Associated Press)
http://www.latimes.com/business/la-fi-microsoft-sues-us-over-data-201604...
Microsoft sues for right to tell customers when US government requests e-mails (The Guardian)
benton.org/headlines/microsoft-sues-doj-over-law-banning-tech-firms-telling-customers-about-data-requests | Washington Post | Associated Press | The Guardian
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GOVERNMENT PERFORMANCE
FCC: IG SOUGHT DELAYED RELEASE OF LIFELINE NAL
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Turns out it was the Office of the Inspector General that asked the Federal Communications Commission not to issue its Lifeline fraud notice of apparent liability until April 1, the day after a deeply divided commission voted on proposed Lifeline reforms that did not include the cap on the program's spending Republican Commissioners had been pushing for. That is according to FCC Press Secretary Kim Hart. “The timing of the enforcement action was in no way related to the timing of the vote on the program modernization. The Office of the Inspector General requested the investigation not be made public before April 1.” A Republican-pushed compromise on reforms of the Universal Service Fund (USF) Lifeline low income subsidy that had included a cap had collapsed the day of the meeting. Then, the next day, the FCC released a proposed $51 million fine for an alleged Lifeline abuser. Total Call Mobile, who the FCC said had enrolled "tens of thousands of duplicate and ineligible consumers." FCC Commission Ajit Pai said in a partial dissent from that Notice of Apparent Liability: "Commissioners were told that the Notice of Apparent Liability could not be released or publicly discussed until April 1, 2016, conveniently one day after the Commission was scheduled to expand the Lifeline program to broadband. That’s not right." That led to a story in the Washington Free Beacon under the headline "FCC kept 'Obamaphone' fraud under wraps until after it expanded program." Hart said the FCC had reached out to the Beacon to provide it with the update about the IG, not the chairman's office, requesting the timing of the release. The IG does not comment, but it often coordinates with other agencies, like DOJ, which suggests other agencies could also be looking into USF abuses.
benton.org/headlines/fcc-inspector-general-sought-delayed-release-lifeline-notice-apparent-liability | Broadcasting&Cable
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INTERNET/BROADBAND
COX EXTENDS 'CONNECT2COMPETE' TO HUD-ASSISTED HOMES
[SOURCE: Multichannel News, AUTHOR: Jeff Baumgartner]
Cox Communications said it is backing the US Department of Housing and Urban Development's (HUD) ConnectHome initiative by extending the company’s Connect2Compete low-cost broadband offering to to any HUD-assisted household with school-age children in Cox's 18-state service area. Cox said it’s the first Internet service provider tied to ConnectHome umbrella to extend such an offering via its national footprint, estimating that the investment from Cox has the potential to help nearly 250,000 students who live in HUD-assisted homes. Cox said more than 160,000 people have been connected to the Internet through Cox's Connect2Compete plan since 2012. Connect2Compete service is $9.95 per month for eligible families, supporting downstream speeds up 10 Mbps, free in-home Wi-Fi, free installation and free access to hotspots deployed by Cox and other members of the Cable Wi-Fi consortium. Cox president Pat Esser and HUD Secretary Julián Castro announced it April 14 in Phoenix (AZ). "Internet access is critical to education, job hunting, shopping and utilizing city services in the 21st century," said Phoenix Mayor Greg Stanton. "I applaud this public-private partnership because we cannot afford to let any students and families in our community become marginalized because they lack access to the web."
benton.org/headlines/cox-extends-connect2compete-hud-assisted-homes | Multichannel News
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OWNERSHIP
CHARTER BUYS CLEARVIEW NETWORKS
[SOURCE: Multichannel News, AUTHOR: Jeff Baumgartner]
Charter Communications is still trying to wrap up its acquisitions of Time Warner Cable and Bright House Networks, but has managed to salt away another deal in the meantime. The company announced that it has acquired Clearview Networks, a company that surveys, designs, installs and supports managed Wi-Fi, video and cloud services for a variety of markets, including multiple dwelling units, student housing, hospitality venues, and government and education facilities. Charter said it will continue to serve current Clearview customers while also integrating Clearview’s technology and expertise into Spectrum Community Solutions, a recently rebranded unit of Charter that provides customized, managed Wi-Fi, video and voice services. “The acquisition of Clearview Networks puts Charter in a stronger position to accelerate the growth and deployment of Spectrum Community Solutions,” said Adam Ray, vice president of direct sales and Spectrum Community Solutions. “By leveraging the industry knowledge of Clearview Networks to the benefit of Spectrum Community Solutions customers, Charter can extend its ability to provide superior communications solutions with unparalleled support and technical capabilities.”
benton.org/headlines/charter-buys-clearview-networks | Multichannel News
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AGENDA
EXPECT COURT DECISION SOON
[SOURCE: Washington Post, AUTHOR: Brian Fung]
If you thought the battle over network neutrality ended when the Federal Communications Commission slapped a series of unprecedented rules on Internet providers, think again. For months, the tech and telecom industries have been waiting for a court decision on net neutrality. It's the result of a legal appeal filed by companies such as AT&T and trade groups like the National Cable and Telecommunications Association. The lawsuit could overturn some or all of the rules, and nobody is quite sure how it'll turn out. Any day now, the court is expected to release its decision — and many in Washington are bracing for the result. Here's why it's so important, and what you need to know to get caught up. Anything could happen, but court-watchers say that the US Court of Appeals for the District of Columbia Circuit will uphold the most important piece of the FCC's new regulations: reclassification.
benton.org/headlines/us-court-appeals-district-columbia-circuit-about-make-one-most-important-decisions-history | Washington Post
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CLYBURN ANNOUNCES LAUNCH OF HER #CONNECTINGCOMMUNITIES TOUR
[SOURCE: Federal Communications Commission, AUTHOR: Press release]
Commissioner Mignon Clyburn of the Federal Communications Commission announced the launch of her “Connecting Communities: Bridging the Communications and Opportunities Divide” Tour. Over the course of the next several months, the Commissioner will visit communities throughout the country, where she will hear first-hand the opportunities and challenges of bringing robust, affordable communications services to all Americans. During the tour, which will be chronicled through Twitter using the hashtag #ConnectingCommunities, Commissioner Clyburn will:
Meet with rural and urban communities to hear their perspectives on the benefits and challenges of embracing 21st century communications services.
Visit health care facilities using broadband to improve patient care.
Meet with startups, entrepreneurs, venture capitalists and providers of all sizes.
Visit correctional facilities to understand the impact of inmate calling reform.
Meet with entities focused on promoting diversity and enhancing opportunities forwomen and minorities.
Tour Tribal lands to examine their unique communications challenges.
Visit local 9-1-1 call centers to learn about their efforts to upgrade to Text-to-911 and Next Generation 911.
benton.org/headlines/fcc-commissioner-clyburn-announces-launch-her-connectingcommunities-tour | Federal Communications Commission
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SPEECHES
REMARKS OF COMMISSIONER CLYBURN AT INTERNATIONAL INSTITUTE OF COMMUNICATIONS ANNUAL CONFERENCE
[SOURCE: Federal Communications Commission, AUTHOR: FCC Commissioner Mignon Clyburn]
In both Canada and the United States, we are witnessing unprecedented innovation and investment across all communications platforms including broadcast, wireline (both telecommunication and cable), wireless, and satellite. Both countries are interested in promoting competition that would lead to higher quality services and lower prices for consumers. We all recognize the power of broadband to grow our economies, expand opportunity, and improve the overall quality of life. We share a common commitment to embrace practices and principles that will expand the benefits of broadband to everyone. So to that end, just what we are doing, in the US, to promote universal broadband access? How do we ensure that affordable and accessible facilities exist? And where do things stand?
benton.org/headlines/remarks-commissioner-clyburn-international-institute-communications-annual-conference | Federal Communications Commission
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PREPARED REMARKS OF COMMISSIONER CLYBURN AT ITU GLOBAL SYMPOSIUM FOR REGULATORS
[SOURCE: Federal Communications Commission, AUTHOR: FCC Commissioner Mignon Clyburn]
In building the future digital society, what kind of regulation is needed or will regulation still be needed to encourage investment and ensure competitiveness among all market players? I would say that there are five key characteristics of “smart regulation” in the digital age: Humility, Research, Collaboration, Transparency, and Review. And then some more humility. So maybe that’s six if you want to count humility twice.
Humility: We must remember that technology always moves faster than our regulatory pen. When we do act we must address today’s issues but also anticipate tomorrow’s issues - and try not to inadvertently make things worse.
Research: At the Federal Communications Commission we believe smart regulation must be fact-based and data-driven.
Collaboration: Once we see a problem, whether it’s sure to manifest itself in the coming months or is already upon us, we open a proceeding to determine whether a rule is needed. The proceeding invites comments and ideas from all stakeholders, and the Commission uses its authority to analyze the facts and points of view at hand.
Transparency: In many ways, this is related to multi-stakeholder collaboration, but I believe it is worth singling out. At the FCC we have taken a number of steps to open up the agency, for example, using new media technologies to both receive input from the public and to keep the public informed, as well as the unprecedented use of public hearings.
Review: We are in the midst of a significant shift in the communications landscape. Many changes have already occurred and many more ideas are going from concept to reality on a daily basis. We continuously review our rules to see which are outdated, no longer used, or don’t fit the modern ICT landscape.
benton.org/headlines/prepared-remarks-commissioner-clyburn-itu-global-symposium-regulators | Federal Communications Commission
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