October 2017

President Trump’s FCC Chair Moves to Undermine Journalism and Democracy

[Commentary] On Oct 27, Federal Communications Commission Chairman Ajit Pai announced that the FCC would vote as soon as November on a proposal to eliminate the cross-ownership rules and usher in a new era of media monopoly. For the better part of two decades, efforts to gut the rules have been blocked by grassroots groups representing consumers, journalists, and democracy advocates. But Pai is moving quickly in hopes that he can avoid the sort of mass mobilization of citizens that—with an assist from the federal courts—derailed an effort by the Bush administration to overturn the cross-ownership rules. Former FCC commissioner Michael Copps, who writes for the Benton Foundation and now advises Common Cause on media issues, calls Pai’s proposal “a virtual death sentence for local media."

The assault on cross-ownership rules is the ultimate government intervention, as it will clear the way for large corporations to gobble up media outlets, consolidate newsrooms, and diminish competition. The current rules seek to encourage genuine competition and robust debate by supporting a diversity of ownership and—by extension—diverse journalism that offers differing coverage and differing perspectives on the news. Pai’s intervention will diminish competition in communities across the country and benefit monopolistic corporations.

Fake News Alert: Media Conglomerates Convince FCC that Facebook can Replace Local News Stations

In a ruling seen as a major win for the largest media conglomerates in the country, the Federal Communications Commission voted to repeal the Main Studio Rule, a 77-year-old regulation that required local television and radio broadcasters to maintain physical studios in the communities they serve. The Oct 24 vote, along party lines, with Republican commissioners supporting repeal, clears the way for major media companies to continue buying up local stations and eliminating positions for journalists, while centralizing programming decisions.

One of the primary arguments made by media companies petitioning the FCC for the repeal was that social media renders local stations an anachronistic requirement of the past. Broadcasters, in the wake of the Citizens United decision, which unleashed a torrent of ad dollars, are increasingly reliant on political advertising. That creates perverse incentives for how the stations engage with well-heeled interest groups seeking to influence the public. As The Intercept has reported, broadcasters routinely lobby aggressively against campaign finance reforms, including a proposal to allow candidates equal access to the airwaves, and even a minor requirement that political advertising disclosures must be posted online.

Consumer Protection in the 21st Century

[Commentary] It is this committee’s mission to protect consumers, and in the coming months, we will be taking a more expansive look at the online experience to ensure safety, security, and an unfiltered flow of information. Recently, the Equifax data breach compromised the personal information of 145 million Americans, including social security numbers, addresses, credit card numbers, and more. This committee held a hearing on the breach and will continue to deeply scrutinize the staggering amount of personal information changing hands online and the business practices surrounding those transactions.

My colleagues and I will hold a separate hearing to assess identity verification practices, and determine whether they can be improved to protect personal data on the web even after a consumer’s information has been breached. These hearings are just the start of a long-term, thoughtful, and research-focused approach to better illuminate how Americans’ data is being used online, how to ensure that data is safe, and how information is being filtered to consumers over the web. While technology is responsible for a lot of positive change in our world, malignant behavior online can have consequences that are not fully disclosed to the American people.

Your Data Is Being Manipulated

At this moment, AI is at the center of every business conversation. Companies, governments, and researchers are obsessed with data. Not surprisingly, so are adversarial actors.

We are currently seeing an evolution in how data is being manipulated. If we believe that data can and should be used to inform people and fuel technology, we need to start building the infrastructure necessary to limit the corruption and abuse of that data — and grapple with how biased and problematic data might work its way into technology and, through that, into the foundations of our society.

Facebook Allowed Questionable Ads in German Election Despite Warnings

On Sept. 15, nine days before the elections in Germany, the Green party complained to Facebook about a popular series of attack ads deriding its stances on gender-neutral bathrooms, electric cars and other topics. The party accused the advertiser, Greenwatch, of providing false contact information on its Facebook page and blog, which would violate a German Media Authority regulation requiring accurate contact information. But Facebook didn’t take down the ads or trace their origins. And after the election, Greenwatch disappeared. Its website and Facebook page were deleted, leaving behind only the nine Greenwatch ads that were captured by ProPublica’s Political Ad Collector, a tool that enables Facebook users to collect political ads that target them.

The Greenwatch episode illustrates that ads of dubious provenance aren’t just aimed at Facebook users in the US, but in Europe as well. Facebook’s failure to confront the advertiser — despite repeated complaints — raises questions about whether and how the world’s largest social network will deliver on its promise to monitor political advertising aggressively on its platform.

Supreme Court's Cell Phone Tracking Case Could Hurt Privacy

[Commentary] One of the biggest cases for the US Supreme Court’s current term could mark a watershed moment for the Fourth Amendment. In Carpenter v. United States, the court will consider whether police need probable cause to get a search warrant to access cell site location information (CSLI), data that's automatically generated whenever a mobile phone connects to a cell tower. Not only does this case offer a chance to protect privacy rights for cell phones, Carpenter also provides an opportunity to reevaluate an antiquated legal theory, called the third-party doctrine, that underpins many government surveillance programs.

If the Supreme Court rules that CSLI falls outside the Fourth Amendment, warrantless searches will inevitably lead to wrongful seizures.

[Nick Sibilla is a legislative analyst at the Institute for Justice, a libertarian-leaning public interest law firm.]

Politicians Are Bad at Podcasting

[Commentary] On their podcasts, our representatives are doing something almost journalistic: They’re moderating discussions with other political figures, interviewing experts on North Korea or monopoly power and staging interactions with the public. Except there are no actual journalists around to ask any pesky questions. The lawmaker podcast boom is just another way that our political news is becoming less accountable to the public and more personality driven. But that’s not the only thing wrong with it. The podcasts are also boring.

If politicians really want to excel at podcasting, maybe they should quit their day jobs. For lawmakers, the podcast is rarely undertaken in the legitimate pursuit of good content but is instead a dull, modern version of constituent outreach. These shows are an attempt to signal that they are listening to us. But that doesn’t mean that we should listen to them.