May 2017

The Internet of Things Needs a Code of Ethics

An interview with Francine Berman, a computer-science professor at Rensselaer Polytechnic Institute and a longtime expert on computer infrastructure.

In October, when malware called Mirai took over poorly secured webcams and DVRs, and used them to disrupt internet access across the United States, I wondered who was responsible. Not who actually coded the malware, or who unleashed it on an essential piece of the internet’s infrastructure—instead, I wanted to know if anybody could be held legally responsible. Could the unsecure devices’ manufacturers be liable for the damage their products? Right now, in this early stage of connected devices’ slow invasion into our daily lives, there’s no clear answer to that question. That’s because there’s no real legal framework that would hold manufacturers responsible for critical failures that harm others. As is often the case, the technology has developed far faster than policies and regulations.

Net neutrality may be poised for a Supreme Court showdown

A federal appeals court has said it will not rehear a landmark case looking to overturn the government’s rules on network neutrality. May 1's decision by the US Court of Appeals for the DC Circuit allows its previous ruling upholding the regulations to stand — and paves the way for opponents of the rules to appeal to the Supreme Court.

“I'm super excited,” said Daniel Berninger, one of the critics who in 2015 sued the Federal Communications Commission, which wrote the rules. “When we get to the Supreme Court, we want to be saying [to a largely conservative bench] this is a severe case of government overreach.” If the Supreme Court agrees to take the case, it could hear oral arguments spring 2018, said Berninger, who intends to file his appeal within 90 days.

Chairman Pai Statement on DC Circuit Title II Rehearing Decision

Federal Communications Commission Chairman Ajit Pai issued the following statement on the decision by the US Court of Appeals for the District of
Columbia Circuit not to rehear the Title II case en banc:

“In light of the fact that the Commission on May 18 will begin the process of repealing the FCC’s Title II regulations, it is not surprising, as Judges Srinivasan and Tatel pointed out, that the DC Circuit would decide not to grant the petitions for rehearing en banc. Their opinion is important going forward, however, because it makes clear that the FCC has the authority to classify broadband Internet access service as an information service, as I have proposed to do. I also agree with many of the points made by Judges Brown and Kavanaugh in their compelling opinions explaining why the Commission’s Title II Order was unlawful."

Net Neutrality Court Decision Hailed by Title II Fans

Washington was quick to weigh in on the latest news in the multi-front debate/battle over Open Internet rules—that was the US Court of Appeals for the DC Circuit decision not to review a three-judge panel of that court's decision that the Federal Communications Commission was within its authority to reclassify Internet service providers as common carriers after years of treating them as information services rather than telecommunications.

“The D.C. Circuit has once again confirmed that the FCC's Open Internet rules are lawful and supported by the evidence," said Public Knowledge senior counsel John Bergmayer. "Now, the primary threat to these important consumer protections is FCC Chairman Pai's determination to roll them back, and to hand more power to monopolistic internet access providers.”

FCC chairman misleads in effort to destroy net neutrality

[Commentary] If Federal Communications Commission Chairman Ajit Pai’s network neutrality proposal was shocking, his justifications for it ranged from the misleading to the flat-out false. Chairman Pai argues, for example, that Tom Wheeler’s net neutrality rules represented a radical departure for the FCC, moving it from a “light-touch” regulatory regime that had allowed the internet to thrive over the last 20 years to an outdated and “heavy-handed” one that’s put the internet under government control. There’s so much wrong with this argument that’s hard to know where to start.

But that was just one of Pai’s misleading justifications. Relying on industry-backed studies, he also argued that investment in broadband has declined over the last two years thanks to the net neutrality rules. But according to a study authored by Free Press, in the two-year period following the passage of the new rules, investment by the broadband providers that are public companies is actually up compared with the two-year period immediately before they were passed.

FTC Commissioner McSweeny: Unwinding net neutrality favors "gatekeepers"

A Q&A with Commissioner Terrell McSweeny of the Federal Trade Commission.

Facebook taps former New York Times exec to lead news product team

Facebook has tapped a former New York Times executive to lead the company’s news products team. In the newly created position, Alex Hardiman, who has been leading the social media site’s pages team since leaving the Times in 2016, will be in charge of building tools for news outlets. “As a part of the Facebook Journalism Project, my colleagues and I will work collaboratively with news organizations across the spectrum to build new storytelling formats, local news communities, monetization options, and more,” she said. “We will spend time building better products and tools for journalists, working hand-in-hand with Campbell Brown and her team to strengthen the relationships and value exchange between Facebook and news providers. We will also partner with teams in Facebook to continue curbing the spread of false news.”