September 2017

Privacy Must Keep Pace with Evolving Technology

While some state legislative proposals target internet service providers (ISPs), we are also seeing a steady stream of state bills that seek to regulate broader aspects of internet privacy and cover all online companies. This fragmented approach will only serve to confuse consumers, impede innovation and distort competition.

In 2015, the Federal Communications Commission (FCC) asserted privacy jurisdiction over ISPs and adopted ISP privacy rules that would have favored some online service providers over others. The Federal Trade Commission itself pointed out that these would have subjected consumers to an illogical and confusing array of regulations. The FCC’s actions also served as a warning that other federal agencies could adopt internet privacy regulations for specific sectors that create even more imbalance among internet companies. While Congress wisely repealed the FCC rules before they could take effect later this year, the issue of which agency has jurisdiction over ISP privacy has yet to be resolved.

Verizon Rural Wireless Customer Cancellations Cause Unrest with Rural Carrier Partner

Verizon has had a change of heart regarding a portion of the 8,500 wireless customers whose service it had planned to cancel and will allow certain customers to keep service on plans providing up to 8 gigabytes of data per month. But, according to a Verizon LTE in Rural America partner, important questions remain about the impact of the Verizon rural wireless customer cancellations.

At least some of the Verizon wireless customer cancellations are in areas where Verizon uses a network constructed by a Verizon LTE in Rural America (LRA) partner such as Wireless Partners, which operates a network in rural Maine. The LRA program lets rural wireless carriers build LTE networks using Verizon spectrum and Verizon uses those networks to support service in those areas. Some of the customers who received service cancellation notices from Verizon are in areas where the network was built by Wireless Partners. According to a Wireless Partners spokesperson, the roaming charges that Verizon referenced are actually the charges that Verizon pays Wireless Partners or another LRA partner to use the network constructed using Verizon spectrum.

Joe Biden will deliver news briefings via Amazon Echo and Google Home

Former Vice President Joe Biden is getting into recording daily news briefings as his next job. In short podcasts (three to 15 minutes each), Biden will introduce articles on anything from health care to climate change. The briefings will be available as an Alexa skill on the Amazon Echo and also on iTunes, Spotify, and Google Assistant. The program is called Biden’s Briefing and will feature Biden-curated content from media partnerships with Axios, Bloomberg, BuzzFeed, The Huffington Post, MSNBC, New York Review of Books, Politico, Slate, Vice, Wired, and other publications. Biden’s criteria for choosing the articles is that they have to be thought-provoking and informative.

Remarks Of Chairman Pai At The First Meeting Of The FCC's Committee On Diversity And Digital Empowerment

We recruited you to put you to work. As members of the Committee, your mission is to offer guidance so that the agency can take important steps toward increasing diversity throughout the communications industry and bringing digital opportunity to all Americans.

One of your tasks will be to identify issues that might not already be on the Federal Communications Commission’s radar. Another will be to advise us about issues that we’ve already identified. Another task we’ll assign you is to examine is how we can make sure that disadvantaged communities have access to next-generation networks. Broadband can be a great equalizer when it comes to jobs, health care, education, and civic engagement. But if we don’t bridge the digital divide, communities on the wrong side of that divide will fall further behind in each of these areas. Our goal should be ubiquitous, high-speed networks that bring together all Americans—and I do mean all Americans. Last but not least, we’ll ask you to take a hard look at diversity in Silicon Valley. I look forward to working with you to increase diversity throughout the communications industry and to bring digital opportunity to all Americans.

Second FCC Redlining Complaint Against AT&T to be Filed

Attorney Daryl Parks says he is filing a second complaint against AT&T at the Federal Communications Commission Sept 25 seeking an investigation and hearing of AT&T over what he says is digital redlining. Redlining is avoiding building out broadband to low-income minority communities in favor of more affluent ones. Parks filed the initial complaint in Aug on behalf of three residents of Cleveland.

The latest complaint is on behalf of two middle income Detroit residents. They allege, backed by what Parks says was an independent study backing up the claim, that "wealthier and predominantly white areas have gotten premium upgradable high speed broadband access at bullet speed," while the three complainants "receive slow speeds at a rate as low as 1.5 mbps downstream or less, although they pay AT&T for high speed access." Complainants argue that is unjust and unreasonable discrimination in violation of the Communications Act. They also allege that is part of a pattern of discrimination by AT&T nationwide.

Democratic Sens Plan 'Very Loud' Debate on Chairman Pai

Depending on what happens with the Obamacare repeal bill, a Senate vote on the re-confirmation of Federal Communications Commission Chairman Ajit Pai could come as soon as the week of Sept 25. Before the recess, Republicans Sens agreed to give Chairman Pai's vote up to 30 hours of debate on the floor, providing Democrats a chance to air their grievances about issues like net neutrality and the pending Sinclair-Tribune merger. And Democratic Sens stand ready to make some noise, despite Chairman Pai having the necessary Republican support to advance. “We’re going to be very loud about it,” Sen Maria Cantwell (D-WA) said. Sen Ed Markey (D-MA) added: “This debate on net neutrality, on privacy, is at a defining historical moment, and we have to ensure there is a full public debate so everyone can understand its importance.”

Steve Bannon Sought To Infiltrate Facebook Hiring

Steve Bannon plotted to plant a mole inside Facebook, according to e-mails sent days before the Breitbart boss took over Donald Trump’s campaign. The e-mail exchange with a conservative Washington operative reveals the importance that the giant tech platform — now reeling from its role in the 2016 election — held for one of the campaign’s central figures. And it also shows the lengths to which the brawling new American right is willing to go to keep tabs on and gain leverage over the Silicon Valley giants it used to help elect Trump — but whose executives it also sees as part of the globalist enemy.

The idea to infiltrate Facebook came to Bannon from Chris Gacek, a former congressional staffer who is now an official at the Family Research Council, which lobbies against abortion and many LGBT rights. “There is one for a DC-based ‘Public Policy Manager’ at Facebook’s What’s APP [sic] division,” Gacek, the senior fellow for regulatory affairs at the group, wrote on Aug. 1, 2016. “LinkedIn sent me a notice about some job openings.” “This seems perfect for Breitbart to flood the zone with candidates of all stripe who will report back to you / Milo with INTEL about the job application process over at FB," he continued. “Milo” is former Breitbart News Tech Editor Milo Yiannopoulos, to whom Bannon forwarded Gacek’s e-mail the same day. “Can u get on this,” Bannon instructed his staffer.

FCC embraces market-based solution for toll-free numbers

[Commentary] At first glance, tomorrow’s Open Meeting at the Federal Communications Commission seems rather mundane — particularly after last summer’s high-profile internet freedom proceeding. But hidden among the seven items on the agenda is an intriguing proposal to reform the way the Commission allocates toll-free numbers. While the issue is not as sexy as internet freedom, the proposal is intriguing because it embraces a market-based solution to a problem that has long vexed the agency — a solution that (in another context) Nobel laureate Ronald Coase suggested almost a half-century ago.

The Commission’s decision to adopt a market solution to the similar problem of allocating toll-free numbers shows how far it has moved in Coase’s direction. While more work remains to be done, market-oriented reforms have helped make the communications marketplace industry more efficient and more innovative, which ultimately benefits the American public. The toll-free number modernization proposal is another, momentous reform in the right direction.

[Daniel Lyons is an associate professor at Boston College Law School]