April 2017

Here’s What Comes Next in the Fight to Save Net Neutrality

Once Federal Communications Commission Chairman Ajit Pai’s notice of proposed rulemaking is approved, which is likely to happen at the FCC’s open meeting May 18, the public will have 60 days to file comments. Then people will have another 30 days to respond to the comments. The FCC’s staff will then have to turn all that feedback into a final order that commissioners will vote on. That process could take months, but based on Pai’s eagerness to re-reclassify broadband providers, you can expect action on that sooner than later.

Senior FCC officials told reporters during a press call that they won’t necessarily be swayed by public opinion. The call for comments is not, they said, a public opinion poll. Fair enough: Sometimes federal agencies have to make unpopular decisions. And if the FCC does vote to scrap net neutrality, it could be a very unpopular decision indeed. Despite growing polarization, a poll conducted by the University of Delaware found that the majority of both Democratic and Republican voters support some form of net neutrality protections.

Net neutrality advocates may have better luck in court than the FCC. Federal agencies must explain sudden policy reversals. If the courts decide that the FCC has acted in an arbitrary or capricious manner, the Title II reversal could be struck down. FCC staff, however, say they are confident that won’t happen. Pai has offered up data suggesting that companies are spending less money building and maintaining their broadband networks as a result of the Title II reclassification, which they believe should be enough to satisfy any legal challenge. Whether those controversial investment stats will be enough to sway the courts remains to be seen.

New America
Wednesday, May 3, 2017
11:00 AM – 12:30 PM EST
http://newamerica.cvent.com/events/the-fight-for-net-neutrality-begins-a...

Join New America’s Open Technology Institute as we welcome Congressman Frank Pallone, Jr., the ranking member of the House Energy & Commerce Committee, to discuss the future of the open internet. The event will also include an expert panel to unpack the implications of Pai’s proposal.

Follow the conversation online using #FightforNN and following @OTI

Live streaming of this event will be available on the New America website



NSA Halts Collection of Americans’ Emails About Foreign Targets

The National Security Agency has halted one of the most disputed practices of its warrantless wiretapping program: collecting Americans’ emails and texts to and from people overseas that mention foreigners targeted for surveillance, according to officials familiar with the matter.

National security officials have argued that such surveillance is lawful and helpful in identifying people who might have links to terrorism, espionage or otherwise are targeted for intelligence-gathering. The fact that the sender of such a message would know an email address or phone number associated with a surveillance target is grounds for suspicion, these officials argued. The decision is a major development in American surveillance policy. It brings to an end a once-secret form of wiretapping that privacy advocates have argued overstepped the Fourth Amendment’s ban on unreasonable searches — even though the Foreign Intelligence Surveillance Court upheld it as lawful — because the government was intercepting communications based on what they say, rather than who sent or received them.

FCC's Pai Backs Congressional Clarification on Internet Authority

In an interview with Breitbart, Federal Communications Commission Chairman Ajit Pai was asked about fellow Republican FCC Commissioner Michael O'Rielly's argument that Congress needs to "enshrine free Internet principles in law" to resolve the ongoing "political uncertainty." Chairman Pai agreed:

“I think the best solution would be for Congress to tell us what they want the rules of the road to be for the FCC and the country when it comes to the digital world," he said. "Part of the problem is that we are consistently looking at 1934 laws and 1996 laws then we try to shoehorn our modern marketplace to some of those paradigms that frankly we didn’t anticipate a marketplace as dynamic as the internet. I really think that Congress, ideally looking at all the opinions, and all the constituencies they can come to a consensus. Because again as Commissioner O’Rielly pointed out we don’t want the regulatory winds to keep shifting every four or eight years we want to provide some level of consistency to the marketplace so that consumers and companies alike can enjoy the digital revolution.”