October 2016

Comcast To Pay $2.3 Million After Subscribers Complain Of Billing For Services & Equipment They Never Ordered

The Federal Communications Commission’s Enforcement Bureau announced that Comcast Corporation will pay a $2.3 million fine to resolve an investigation into whether the company wrongfully charged cable TV customers for services and equipment that those customers never authorized. The Communications Act and the FCC’s rules prohibit a cable provider from charging its subscribers for services or equipment they did not affirmatively request, a practice known as “negative option billing.” Negative option billing burdens customers with the responsibility of contacting a cable company to dispute the charges and obtain refunds. The Communications Act and the FCC’s rules prohibit a similar practice by telecommunications carriers when unauthorized charges are placed on customers’ phone bills, an abuse known as “cramming.”

The Commission received numerous complaints from consumers alleging that Comcast added charges to their bills for unordered services or products, such as premium channels, set-top boxes, or digital video recorders (DVRs). In some complaints, subscribers claimed that they were billed despite specifically declining service or equipment upgrades offered by Comcast. In others, customers claimed that they had no knowledge of the unauthorized charges until they received unordered equipment in the mail, obtained notifications of unrequested account changes by email, or conducted a review of their monthly bills. Consumers described expending significant time and energy to attempt to remove the unauthorized charges from their bills and obtain refunds. In response to these complaints, the FCC undertook an investigation of the company. Under the terms of the settlement, Comcast will pay the largest civil penalty assessed from a cable operator by the FCC and implement a five-year compliance plan.

Facebook, Instagram, and Twitter Provided Data Access for a Surveillance Product Marketed to Target Activists of Color

The American Civil Liberties Union of California has obtained records showing that Twitter, Facebook, and Instagram provided user data access to Geofeedia, a developer of a social media monitoring product that we have seen marketed to law enforcement as a tool to monitor activists and protesters. We are pleased that after we reported our findings to the companies, Instagram cut off Geofeedia’s access to public user posts, and Facebook has cut its access to a topic-based feed of public user posts. Twitter has also taken some recent steps to rein in Geofeedia though it has not ended the data relationship. Further steps are required if these companies are to live up to their principles and policies by protecting users of all backgrounds engaging in political and social discourse. So today the ACLU of California, the Center for Media Justice, and Color of Change are calling on Twitter, Facebook and Instagram to commit to concrete changes to better protect users going forward.

Clinton camp appeared to have contacts with Department of Justice on e-mail case

An e-mail stolen from Clinton campaign chairman John Podesta and posted on WikiLeaks indicates that an official within the campaign appeared to have discussions with sources inside the Department of Justice (DOJ) about ongoing open records lawsuits regarding Clinton’s e-mails.

In May 2015, Clinton campaign spokesman Brian Fallon said that “DOJ folks” had “inform[ed]” him about an upcoming status conference in one of the lawsuits regarding Clinton’s private e-mail setup. The information about an upcoming court event would have been public knowledge and open for all to attend. And it’s unclear whether the people Fallon spoke to at the Justice Department were officials who regularly communicate with the public. However, the fact that Fallon — a former spokesman with the Department of Justice — remained in contact with anyone from the department is likely to renew allegations that the Obama Administration maintained an especially cozy relationship with the former Secretary of State’s presidential campaign.

FCC Commissioner Tells Kansas Association of Broadcasters that Retaining Newspaper-Broadcast Cross-Ownership rule is a ‘Profound Mistake’

Speaking to the Kansas Association of Broadcasters, Federal Communications Commission member Ajit Pai said, “I can’t help but mention the FCC’s decision this year to retain the newspaper-broadcast cross-ownership rule. Put simply, it makes no sense for the federal government to discourage investment in the newspaper industry. But that’s precisely what the newspaper-broadcast cross-ownership rule does. It’s particularly unfortunate because broadcasters are well-situated to partner with newspapers. The reason is simple. Investments in newsgathering are more likely to be profitable when a company can distribute information over multiple platforms. This is not just a theory. Because the FCC grandfathered newspaper-broadcast combinations that predated the 1975 adoption of the newspaper-broadcast cross-ownership rule, we have evidence from across the United States. There are at least 15 studies demonstrating that newspaper-television cross-ownership increases the quantity and/or quality of news broadcast by cross-owned television stations.”

Fact-Checking the FCC’s Fact Sheet on Broadband Consumer Privacy

[Commentary] The Federal Communications Commission recently released a Fact Sheet announcing FCC Chairman Tom Wheeler had circulated to his fellow Commissioners a proposed Order with new privacy rules for Internet service providers, along with some high-level details of his proposal. In the spirit of the election-year, five statements from the Fact Sheet and the Chairman’s blog are highlighted and evaluated below.

1) "These rules...are in harmony with other key privacy frameworks and principles -- including those outlined by the Federal Trade Commission and the Administration's Consumer Privacy Bill of Rights." -- False
2) "Your ISP has a broad view of all of your unencrypted online activity -- when you are online, the websites you visit, and the apps you use." -- False
3) "91 percent of American adults say consumers have lost control over how their personal information is collected and used by companies, according to Pew Research Center." -- Misleading
4) "There are currently no rules in place outlining how ISPs may use and share their customers' personal information." -- Misleading
5) "The Chairman' Proposed Rules 'do not regulate the privacy practices of websites or apps, like Twitter or Facebook, over which the FTC has authority." -- True

[Christin McMeley, CIPP-US, is the Chair of DWT's privacy and security practice.]

UltraViolet Action Petitions NBC, MGM to Release Trump Tapes

UltraViolet Action, a women's advocacy organization fighting sexism, says it has collected over 115,000 signatures on its own petition demanding that MGM and NBC release tapes of the Republican presidential nominee Donald Trump on reality show The Apprentice. The petition was launched Oct 10—MoveOn has launched a similar petition—and, according to the group, had 30,000 signatures in less than four hours.

UltraViolet Action cited a Huffington Post story featuring alleged transcripts from The Apprentice in 2010 where Trump is commenting on a music star's makeover and saying insulting things about her skin quality, suggesting he is a "skin man." Trump has been on the defensive since last week, when The Washington Post reported on tapes of his misogynistic conversation with then Access Hollywood's Billy Bush. Trump has said he was not proud of the comments but repeatedly dismissed them as "locker-room" talk rather than actual conduct.