October 2017

The unintended consequences of Europe’s net neutrality law after one year

[Commentary] The European Union’s law “laying down measures concerning open internet access” came into force in 2016. After a year with the law on the books, telecom regulators across Europe have submitted compliance reports to the supervisory Body of European Regulators for Electronic Communications (BEREC) and the European Commission. While no bad internet service providers (ISPs) or violations have emerged, a regulatory bureaucracy is growing because of the law. 

Verizon Gives FCC Its Side of Univision Impasse

Verizon gave Federal Communications Commisison Chairman Ajit Pai its side of the carriage dispute with Univision that has resulted in those networks being off Verizon pay-TV and wireless platforms. Verizon SVP Kathleen Grillo said that despite Verizon's efforts over the past two months, Univision sought unreasonable terms and price increases--more than double its current rate despite declining viewership, says Grillo.

DC Court Allows Live Streaming

In a first for the US Court of Appeals for the DC Circuit, oral argument in a major abortion case, Garza vs. Hargan Oct. 20 will be live streamed after Fix the Court, which advocates for greater access to federal courts, made the request. Chief Judge Merrick Garland issued the decision in a one-sentence letter to Fix the Court executive director Gabe Roth, saying simply: "Thank you for your letter of today's date, requesting that the court provide a live audio feed of arguments  in Garza v. Hargan, 17-5236, tomorrow.

Thoughtfully Modernizing the Commission’s Media Ownership Rules

I think it is important to address the elephant in the room. There is currently a merger pending before the Commission that some argue will benefit from, and is the reason for, any changes to our media ownership rules. While I make no comments regarding this, or any, merger application, let me be clear: this transaction is in no way the catalyst for FCC action on these issues.

First, the statute requires the FCC review its media rules. Having failed that, we now have pending petitions before us to reconsider the past shoddy effort. Second, I have been calling for media ownership reform since joining the Commission and as a staffer in the U.S. Senate before that. It’s not a new position or reaction to a pending application. Instead, for the first time, we finally have a Chairman receptive to these ideas.

President Trump’s already largely won his war against the media

The choice that President Donald Trump asks America to make is a simple one and one that he’s demanded since he jumped into the presidential race. Who are you going to believe, he asks: An industry of people whose jobs depend on presenting factually accurate information about what’s happening in the world — or me? And from the outset, we’ve seen how his supporters answer that question. They believe him.

The most recent demonstration of that result comes from a poll released from Marist College. Poll respondents were asked whom they trusted more, their favorite news source or Trump. Most Americans said their favorite news source, including large majorities of independents and huge majorities of Democrats. But most Republicans said they trust President Trump more, including just shy of two-thirds of those who voted for Trump in 2016.

How Fiction Becomes Fact on Social Media

At a time when political misinformation is in ready supply, and in demand, “Facebook, Google, and Twitter function as a distribution mechanism, a platform for circulating false information and helping find receptive audiences,” said Brendan Nyhan, a professor of government at Dartmouth College. For starters, said Colleen Seifert, a professor of psychology at the University of Michigan, “People have a benevolent view of Facebook, for instance, as a curator, but in fact it does have a motive of its own. What it’s actually doing is keeping your eyes on the site. It’s curating news and information that will keep you watching.” That kind of curating acts as a fertile host for falsehoods by simultaneously engaging two predigital social-science standbys: the urban myth as “meme,” or viral idea; and individual biases, the automatic, subconscious presumptions that color belief.

Stopping to drill down and determine the true source of a foul-smelling story can be tricky, even for the motivated skeptic, and mentally it’s hard work. Ideological leanings and viewing choices are conscious, downstream factors that come into play only after automatic cognitive biases have already had their way, abetted by the algorithms and social nature of digital interactions.

House Oversight Ranking Member presses White House for info on staffers' use of personal e-mails

House Oversight and Government Reform Committee Ranking Member Elijah Cummings (D-MD) is accusing the White House of stonewalling congressional efforts to get details surrounding the use of personal emails by senior presidential advisers, including senior adviser Jared Kushner. Rep Cummings said that White House officials who briefed committee staff on Oct 18 revealed “several” White House aides have acknowledged using personal emails for official duties — an apparent violation of the Presidential Records Act — but refused to name the offenders.

Rep Cummings is asking Oversight Chairman Trey Gowdy (R-SC) to sign onto a letter requesting the information by Oct. 26, and to issue subpoenas if the White House fails to comply. Although Chairman Gowdy had endorsed such a bipartisan request in Sept — and purportedly intends to issue such a request for other agencies outside the White House — Cummings said his refusal to press the issue inside the White House amounts to dereliction of duty on the part of the committee.

Free speech or hate speech? Campus debates over universities in a bind over First Amendment

The nation’s college campuses are facing growing pressure to redefine the limits of the First Amendment in an age of resurgent white supremacists: rallies featuring clashes between far-right and far-left groups; pleas for inclusiveness and equality and against racism; and a desire for so-called safe spaces.

Demands for free speech often become secondary to concerns about safety and hate and victimhood, even as those terms are increasingly difficult to define. That conflict was on display Oct 19 when hundreds of protesters at the University of Florida drowned out a speech by white nationalist Richard Spencer, prompting him to leave the stage early.