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  2. June 2017

June 2017

Google prepares publishers for the release of Chrome ad-blocking

News that Google intends to install an ad-blocker in its Chrome browser shocked the tech and publishing world in April. Now, details of how the program will work are starting to become clear. The Google ad-blocker will block all advertising on sites that have a certain number of "unacceptable ads." That includes ads that have pop-ups, auto-playing video, and "prestitial" count-down ads that delay the display of content. Google, which refers to the ad-blocker as an ad "filter," is using a list of unacceptable ad types provided by the Coalition for Better Ads, an advertising industry trade group. Google has already discussed its plans with publishers, who will get at least six months to prepare for the change coming sometime in 2018. Publishers will get a tool called "Ad Experience Reports," which "will alert them to offending ads on their sites and explain how to fix the issues."

White House orders agencies to ignore Democrats’ oversight requests

The White House is telling federal agencies to blow off Democratic lawmakers' oversight requests, as Republicans fear the information could be weaponized against President Donald Trump. At meetings with top officials for various government departments this spring, Uttam Dhillon, a White House lawyer, told agencies not to cooperate with such requests from Democrats, according to Republican sources inside and outside the administration. It appears to be a formalization of a practice that had already taken hold, as Democrats have complained that their oversight letters requesting information from agencies have gone unanswered since January, and the Trump administration has not yet explained the rationale.

The declaration amounts to a new level of partisanship in Washington, where the president and his administration already feels besieged by media reports and attacks from Democrats. The idea, Republicans said, is to choke off the Democratic congressional minorities from gaining new information that could be used to attack the president.

FCC to Court: FTC Common Carrier Exemption Is Activity Based

The Federal Communications Commission is standing with the Federal Trade Commission when it comes to a federal court decision that leaves a potential regulatory gap for broadband regulation, in the process taking a shot at AT&T. The US Court of Appeals for the Ninth Circuit in May agreed to an en banc (full court) review of its three-judge panel decision that left the Federal Trade Commission's authority to oversee edge-provider's protections of privacy in some circumstances very much in doubt. The court also said that in the interim that panel decision was not to be cited as precedent of the Ninth Circuit.

Such en banc review is unusual, but the decision had prompted a lot of attention given that potential online privacy impact. The three-judge panel, in overturning the FTC's action against AT&T for throttling the speeds of unlimited data customers, last August ruled that the regulatory exemption that prevents the FTC from regulating common carriers is not "activity-based," confined to common carrier "activity" by an entity that has the status of a common carrier, but is status-based, extending to noncommon carrier activity by that entity as well. That meant that if Verizon, a common carrier, bought Yahoo!, an edge provider, the FTC could not enforce Yahoo! privacy policies, and the FCC could not either because it does not regulate edge providers, leaving a potential privacy gap.

NCTA Pushes FCC for Opt-Out Electronic Notifications

Cable operator Internet service providers have been pushing hard against an opt-in regime for sharing user data with third parties, but there is another opt-in regime they are concerned about avoiding. In a phone call with the office of Commissioner Mignon Clyburn of the Federal Communications Commission, NCTA–The Internet & Television Association VP and deputy general counsel Diane Burstein argued against applying that regime to how broadband operators provide required notifications to their customers.

The FCC signaled it would be voting on a request for declaratory ruling by NCTA and the American Cable Association that they be allowed to e-mail those notifications rather than have to send out paper. FCC Chairman Ajit Pai has signaled support for that ruling, so it is expected to pass, but how it is implemented is also important to ISPs. Burstein told Commissioner Clyburn staffers that though operators would continue to offer paper notices to customers who wanted them, the default should be electronic unless a subscriber opts out and chooses paper.

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