October 2017

New DHS Social Media Retention Practices Threaten Privacy, Freedom of Expression

Social media has become an integral part of everyday life for individuals around the world. In light of the growing role of online communication, the Department of Homeland Security (DHS) implemented a notable change to its collection and record-keeping of social media information and search results of non-US persons (naturalized citizens, green card holders, immigrant visa holders, asylees, special immigrant juveniles, and student visa holders) in the United States. Per a notice issued in September, the information will be stored in DHS’ visa and immigration history records for each individual, also known as “Alien Files” or “A-Files.” Given the serious threats to freedom of association and privacy posed by this practice, OTI has signed onto a coalition letter expressing concern regarding DHS practices around social media collection and retention.

Telecom Lobbyists Fund MI Lawmaker Who Sponsors Bill To Ban Municipal Broadband

A freshman Michigan state representative introduced a sweeping bill last week that would ban any city and town in the state from using public funds to provide municipal broadband service — publicly owned internet infrastructure. A review of state campaign finance and lobbying records found that the representative’s campaign was heavily financed by telecommunications companies and trade associations. She also dined with trade association lobbyists in the months leading up to introducing the bill.

MI state Rep Michele Hoitenga, who is chair of the Michigan House's Communications and Technology Committee, introduced the bill, HB 5099, on October 12. The bill says that a city or town “shall not use any federal, state, or local funds or loans to pay for the cost of providing qualified internet service,” effectively banning municipal broadband outright. Campaign finance records show that two of her largest campaign contributors are AT&T Michigan and the Telecommunications Association of Michigan (TAM): AT&T gave her campaign $1,500 while TAM provided her with $3,500 — large amounts for a first term state representative. The Michigan Cable Telecommunications Association — a separate entity from TAM — gave Hoitenga’s campaign $1,000.

Misconceptions about KentuckyWired

[Commentary] In the interest of openness and transparency, the Kentucky Communications Network Authority (KCNA) would like to address some statements about KentuckyWired that have appeared in the public forum lately. KCNA would like Kentucky’s citizens to be properly informed.

KentuckyWired will be helping private industry. KentuckyWired is building a “Middle Mile” network — the primary purpose of which is to give broadband service to state agencies. The network will also be the middle mile between the global internet and any company or organization leasing access to the network’s extra capacity. KentuckyWired will be an ultra-high-speed, high-capacity network to which the private internet service providers (ISPs) can connect. Think of it like a major highway with exit ramps into every county. KentuckyWired is not competing with ISPs so much as facilitating them and making it easier for them to reach places where they previously could not, or would not, go.

[Phillip Brown is the director of KCNA]

The FCC plans to roll back some of its biggest rules against media consolidation

The Federal Communications Commission will vote in Nov to eliminate a decades-old rule designed to preserve media diversity in local markets, FCC Chairman Ajit Pai said Oct 25. The move is aimed at supporting economically struggling media outlets in an age of digital consumption. But critics say it will lead to greater media consolidation and the loss of independent voices.

The regulations, passed in 1975, prevent any single company from owning both a full-power TV station in a given market and a daily newspaper at the same time. “The marketplace is nothing like it was in 1975,” Chairman Pai told House Communications Subcommittee members at a hearing, arguing that the restriction on newspaper/broadcast cross-ownership was outdated. “The FCC's rules still presume the market is defined by pulp and rabbit ears.” The FCC vote, expected Nov 16, could also eliminate a rule that prevents TV stations in the same market from merging if the outcome leads to fewer than eight independent stations operating in that market. “If the federal government has no business intervening in news, then we must stop the government from intervening in the news business,” he said.

FCC Commissioner Rosenworcel: Pro-Sinclair FCC Policies Deserve Investigating

Commissioner Jessica Rosenworcel of the Federal Communications Commission told Congress that the FCC under Chairman Ajit Pai has been taking actions that appear to favor Sinclair Broadcasting, and suggested that needs investigating.

Commissioner Rosenworcel was asked to weigh in during an FCC oversight hearing in the House Communications Subcommittee Oct 25, and she did not hesitate. She said she was concerned that the FCC's recent policy decisions, from restoring the UHF discount to "foisting" on American households a new broadcast standard (ATSC 3.0) for which Sinclair has patents, seemed to serve Sinclair's business plans. "I think it has reached a point where all our media policy decisions seem to be custom built for this one company, and I think it merits investigation," she said. "That is a pretty strong statement," responded Rep Jerry McNerney (D-CA), who clearly shared her concern.

Trump’s FCC Chair Announces Plan to Scrap Ownership Limits Standing in Way of Sinclair Mega-Merger

Ajit Pai’s disastrous proposal is tailor-made for Sinclair and other giant broadcast chains that push often slanted or cookie-cutter content over the public airwaves. He’s fulfilling a longstanding industry wish list and ignoring how decades of runaway media consolidation have significantly harmed local news and independent voices.

The Federal Communications Commission has routinely failed — and been repeatedly scolded by the courts for doing so — to consider how gutting these rules will impact already abysmally low levels of broadcast ownership by women and people of color. We need to strengthen local voices and increase viewpoint diversity, not surrender our airwaves to an ever-smaller group of giant conglomerates. Chairman Pai is clearly committed to doing the bidding of companies like Sinclair and clearing any obstacles to their voracious expansion. But his attempt will be met with fierce opposition at the Commission and in the courts.

FCC Chairman Pai Commits to No Retribution, Period, Over News Content

Federal Communications Commission Chairman Ajit Pai got a grilling from Democratic members of the House Communications Subcommittee, who were unhappy with his deregulatory thrust and his perceived failure to sufficiently parry the President's threats against TV licenses. Committee Ranking Member Frank Pallone (D-NJ) was among a host of Democrats who upbraided the chairman for what they said was a delayed, and "tepid," as Rep Anna Eshoo (D-CA) put it, response to the President's tweeted threats against TV licenses and NBC over a news story he called fake.

Chairman Pai said he had repeated "again and again and again" that the First Amendment must be and would be at the heart of the FCC's work, including journalists reporting as they see fit without government interference. He said that was why he opposed a news diversity study under his predecessor. Chairman Pai said his record is clear, but that presidential attacks on the press were not new. But it was not as clear to Democrats that the chairman was not leaving room in his past statements for actions beyond just not pulling licenses. Pressed for more clarity from Pallone, Pai committed to not affecting license transfers in other ways due to the content of newscasts, not to launch investigations based on the content of newscasts, and that the FCC would not retaliate against companies based on the content of newscasts.

Right-leaning groups back international data privacy bill

A coalition of right-leaning groups is pressing Congress to act on legislation that would create a new legal framework that allows law enforcement to access US electronic communications held on servers abroad. The bipartisan bill, called the International Communications Privacy Act (ICPA), has been introduced by Reps Doug Collins (R-GA) and Hakeem Jeffries (D-NY) in the House and Sens Orrin Hatch (R-UT), Chris Coons (D-DE), and Dean Heller (R-NV) in the Senate.

The bill seeks to clarify the process by which law enforcement obtains electronic data on US citizens for investigations, regardless of the location of the communications. It would require law enforcement agencies to obtain a warrant for all content. It would also allow law enforcement to, in certain circumstances, obtain electronic communications on foreign nationals. On Oct 25, right-leaning organizations including Americans for Tax Reform and the R Street Institute wrote to leaders of the House and Senate Judiciary Committees pressing them to swiftly consider the bill.