October 2017

The Supreme Court accepted a second important case on digital privacy, agreeing to hear a dispute between the federal government and Microsoft about e-mails stored overseas.

The case began in 2013, when U.S. prosecutors got a warrant to access e-mails in a drug trafficking investigation. The data was stored on Microsoft servers in Ireland. Microsoft turned over information it had stored domestically but contended U.S. law enforcement couldn’t seize evidence held in another country. It said if forced to do so, it would lead to claims from other countries about data stored here. A judge upheld the warrant, but a panel of the U.S. Court of Appeals for the 2nd Circuit overturned the ruling. The full circuit then split evenly on whether that decision was correct. The Justice Department asked the Supreme Court to reverse the lower courts. It said the decision conflicts with past decisions in lower courts that “a domestic recipient of a subpoena is required to produce specified materials within the recipient’s control, even if the recipient stores the materials abroad.”

The House Permanent Select Committee on Intelligence is looking into a data analytics company called Cambridge Analytica as part of its investigation into possible collusion between the Trump campaign and Russia during the 2016 election.

Cambridge Analytica specializes in what’s called “psychographic” profiling, meaning they use data collected online to create personality profiles for voters. They then take that information and target individuals with specifically tailored content. Congressional investigators believe that Russian hackers might have received help in their efforts to distribute “fake news” and other forms of misinformation during the 2016 campaign. Hence the focus on Cambridge Analytica. So far there’s been a lot of speculation about the potential links between the Trump campaign and Russia, and most of the stories have orbited around the financial dealings of the Trump family and people like Paul Manafort, Trump’s former campaign manager. But this story is specifically about how team Trump might have facilitated Russia’s meddling in the US presidential election. The stakes, in other words, are high.

When I spoke to you in March, I noted that the Commission was about to vote on an order to improve VRS interoperability, quality, and efficiency. I am happy to say that this order has since been released, and we have made several other important strides since then. And at our upcoming Commission meeting on October 24, we will vote on an order to apply hearing aid compatibility requirements to wireline phones using Voice over Internet Protocol. The order also would require volume control on cell phones – something the community has requested for over a decade. This would help ensure that people using hearing aids—as well as those without such aids – are better able to select cell phones that meet their communication needs. In particular, this is sure to benefit our growing population of seniors.

In order to expand direct communications for deaf callers, we also are continuing our efforts to educate government agencies on the federal, state and local levels about Direct Video Calling. Finally, people who are blind or visually impaired are gaining better access to television, program guides, and menus because of the Commission’s accessible user interface rules, which went into effect just this past December.