Ali Breland

Sen Schatz: FCC Chairman Pai may have violated law in network neutrality rollout

Sen Brian Schatz (D-Hawaii) said the way that Federal Communications Chairman Ajit Pai introduced his plan to roll back network neutrality may have skirted the law.

“He sounded more like a political person taking a political position than someone who was going to really inquiry into the best path forward,” said Sen Schatz. “I think it is legally consequential.” Sen Schatz said the FCC chairman may have violated a “Notice of Proposed Rulemaking” (NPRM) statute by appearing to take a clear position on a proposal that hasn't even been considered. The statute states that the FCC must first consider public comment before taking a specific position on a policy. “They are supposed to receive public comment. They are supposed to establish a public record,” Sen Schatz said. “You would never have anybody in judiciary announcing their position, declaring that they will ‘win in the end,’ that ‘this is a fight and they intend to win it.’"

“It’s for others in the litigation space to figure out whether there’s something there or not. But the fact that he is announcing the outcome in advance seems contrary to the statute.”

Surveillance, visa reforms top House Judiciary Chairman Goodlatte's tech agenda

House Judiciary Committee Chairman Bob Goodlatte (R-VA) unveiled his committee’s agenda on technology and innovation. Under his "blueprint," Chairman Goodlatte hopes to see his committee tackle top tech issues, including changes to surveillance and encryption laws, and on high-skilled immigration.

On immigration, he told reporters the committee was working to “find a balanced solution to increase the high-skilled talent pool to promote job growth through visa and green card reforms,” while also “protecting job opportunities for similarly qualified Americans.” He also focused much of his remarks on surveillance issues, including proposed reforms to Section 702 of the Foreign Intelligence Surveillance Act, a controversial provision authorizing US intelligence to surveil noncitizens. Chairman Goodlatte also said he hopes to hold a committee hearing in about how the US accesses communications data in other countries.

Senate Republicans introduce anti-network neutrality legislation

Sen Mike Lee (R-UT) introduced a bill to nullify the Federal Communications Commission’s network neutrality rules and prohibit the FCC from issuing a similar rule in the future. Sens. John Cornyn (R-TX), Tom Cotton (R-AR), Ted Cruz (R-TX), Ron Johnson (R-WI), Rand Paul (R-KY), Thom Tillis (R-NC), Ben Sasse (R-NE), and James Inhofe (R-OK) co-sponsored Lee’s bill. The bill is unlikely to receive support from Democrats in the Senate.

Internet's biggest players duck net neutrality fight

Some of the biggest names on the internet are trying to stay out of the contentious, public fight over the future of the Obama-era network neutrality rules. Google and other household names encouraged the Federal Communications Commission (FCC) to enact the rules in 2015. But now with the regulations on the chopping block, those companies believe the change will have little effect on their bottom line and are trying not to get dragged in.

They could face pressure, though, from consumer groups and net neutrality advocates, who see them as crucial allies to saving the rules. Officials at several major tech companies said net neutrality isn't a priority anymore. Many of the companies that were once forceful advocates of the rules no longer think they will be harmed under repeal. Facebook, Google and Microsoft boast market valuations in the hundreds of billions, giving them new power relative to broadband providers.

What killing net neutrality means for the internet

[Commentary] Here are 4 ways the internet will change if Federal Communications Commission Chairman Ajit Pai gets his way on net neutrality: 1) More free data plans, 2) Internet fast lanes, 3) Smaller internet service providers and internet startups could be in for a tough time, and 4) Shifting broadband regulation to the Federal Trade Commission.

Consumer groups blast DHS head for seeking travelers' social media passwords

A coalition of consumer advocacy groups is calling on the Department of Homeland Security (DHS) to oppose requiring foreign nationals to provide their social media passwords to enter the US.

In February, DHS Secretary John Kelly floated the idea of forcing citizens of certain countries to hand over their passwords as part of “enhanced vetting measures” supported by the Trump Administration. The groups, which include the Electronic Frontier Foundation, Daily Kos and Center for Media Justice are trying to solicit signatures for a letter to Kelly protesting collecting foreign nationals' passwords. Evan Greer, campaign director at Fight for the Future, another member organization of the coalition, argued that Kelly’s initiative wouldn’t get the results he wanted. "Asking people to hand over the passwords to their accounts will make all of us less safe, not more safe,” Greer said.

Google reaches $7.8M settlement with Russia in antitrust case

Google is paying a $7.8 million fine and agreeing to open up its Android mobile operating system to competitors' search engines in Russia. The settlement ends a two-year fight with Russian antitrust regulators.

The Federal Antimonopoly Service of Russia (FAS) in 2015 found Google was violating competition laws by including its own search tool on the operating system. Google would preload its own apps, including the search engine, on phones running Android. Russian users didn't have the option of changing to a different search engine on those phones. Now, under the terms of the settlement, the Android operating system will no longer exclusively have Google apps preinstalled in Russia, and users will be able to pick their default search engines, according to the FAS. The $7.8 million fine is roughly 9 percent of Google's 2014 revenue in Russia. The decision will give an opportunity for the Russian search engine Yandex NV to increase its own market share in mobile search. Yandex had originally brought the complaint against Google.

Tech gears up for showdown over net neutrality

The tech world is gearing up for a showdown over the Obama-era network neutrality rules. Federal Communications Commission Chairman Ajit Pai's plan could scrap that provision in exchange for companies voluntarily promising to uphold net neutrality principles. But consumer groups and Democratic lawmakers are fighting to save the rules, which they say prevent companies from playing favorites with websites and online content.

“I am going to be a part of that effort to make sure that this is a huge national debate,” Sen Ed Markey (D-MA) said. “There is going to be a national outcry when the Federal Communications Commission announces a plan to eliminate net neutrality as America’s communications policy. I think that they’re going to have a response unlike anything they’ve ever seen.” "People are increasingly engaged on consumer issues on the internet, and the coalition that was in favor of net neutrality is now reenergized,” said Sen Brian Schatz (D-HI).

Consumer Technology Association: Rhode Island, Delaware have fastest internet in country

Rhode Island and Delaware have the fastest internet speeds in the country, according to a new analysis from the Consumer Technology Association (CTA). The two states boasted mean internet speeds of 16.9 megabits per second (Mbps) and 16.5 Mbps, respectively. Both are over 2 Mbps over the 2015 national average of 14.6 Mbps, which saw an increase from the 2015 national average of 11.8 Mbps. At the opposite end, Kentucky and Idaho had the slowest internet speeds at 10.7 Mbps and 10.4 Mbps, respectively. The trade group's full analysis, dubbed the Innovation Scorecard, includes a comprehensive set of measures to assess how states are progressing with technology and how friendly they are to innovation.

Sens Fischer, Klobuchar press the FCC on rural broadband affordability

Sens Deb Fischer (R-NE) and Amy Klobuchar (D-MN) praised the Federal Communication Commission’s efforts to expand broadband access to rural America but expressed concern about high internet costs that these communities are facing. In a bipartisan letter spearheaded by the two senators and signed by 54 of their colleagues, they noted that their constituencies are facing higher prices for telephone and internet bundles when many only want internet service. “We are still hearing frustration about the prices for and the availability of standalone broadband,” the senators wrote. “Many operators remain unable or unwilling to offer such broadband because their prices would still be unreasonably high even after the reforms. Other operators may offer standalone broadband, but the costs they are forced to recover from rural consumers far exceed what urban consumers would pay for the same service,” they continued.

Rep Cramer open to releasing his internet browsing history

Rep Kevin Cramer (R-ND) says he’s willing to release his internet browsing history. Rep Cramer, who voted in favor of repealing an Obama-era rule that would have prevented service providers from selling customers' information without their permission, told a North Dakota radio show that he'd be willing to release his own browsing history. "Oh, of course. Yes, absolutely. No problem," Rep Cramer said in response to a question. Rep Cramer did not clarify if he would be willing to release his data in a way that would make it identifiable to him, or if he would be willing to release it anonymously, akin to how many internet companies like Facebook and Google sell user data to advertisers. Cramer said that the information internet service providers would gain from consumers is “not worth a lot of commercial value," anyway.

Senators question Trump admin's alleged attempt to unmask Twitter account

Several Sens pressed the Trump Administration for details after reports that US officials tried to get Twitter to unmask an anonymous account that published tweets critical of President Donald Trump. “I am gravely alarmed by the summons that US Customs and Border Protection (CBP) transmitted to Twitter on March 14, 2017, regarding the Twitter account @ALT_USCIS," Sen Ron Wyden (D-OR) wrote in a letter to federal officials. "Not only was the summons blatantly inconsistent with the cited investigatory authority … it appeared to be a distributing threat to free speech and whistleblower protections,” he added.

Sens Mike Lee (R-UT) and Cory Gardner (R-CO) sent a separate letter to Homeland Security Secretary John Kelly inquiring about the administration’s alleged attempts to gain information on the anonymous Twitter.

Sen Markey Blasts Chairman Pai's Reported Plan for Net Neutrality

Sen Ed Markey (D-MA) blasted Federal Communications Commission Chairman Ajit Pai’s reported plans to scale back network neutrality measures. “The only way to protect a free and open internet is with strong net neutrality rules of the road — not voluntary guidelines — that ensure businesses, innovators and families can use the world’s greatest platform for commerce and communications,” Sen Markey said. “Chairman Pai’s proposal would put the future of an open and free internet in the hands of big corporations and the powerful few at the expense of consumers.”

House Dems launch pro-broadband privacy petition

Reps Michael Capuano (D-MA) and Mike Doyle (D-PA) launched a petition to block congressional action that would get rid of consumer broadband privacy protections. The petition — hosted on Whitehouse.gov — asks the government not to “let Internet providers spy and sell our online data” and to “please keep the FCC's Privacy Rules” in place. “Other laws block the FTC from enacting any rules on ISPs,” the lawmakers' petition reads. “Consumers would have no privacy rules. We want better privacy protections like the FCC rules, not more loopholes.”

FCC head delivers another blow to affordable internet program

Federal Communications Commission Chairman Ajit Pai put more pressure on the Lifeline affordable internet program, announcing that he would allow states to decide which companies are certified to participate. The announcement comes after Chairman Pai's decision earlier in 2017 to cut nine providers from the Lifeline program, which elicited criticism from groups that supported the measures.

In his new statement, Chairman Pai said that he would not defend federal certification for the Lifeline program — which subsidizes internet access for low income households — out of respect for states' own legal jurisdictions. “But as we implement the Lifeline program — as with any program we administer — we must follow the law,” Chairman Pai’s statement read. "And the law here is clear: Congress gave state governments, not the FCC, the primary responsibility for approving which companies can participate in the Lifeline program under Section 214 of the Communications Act.” Twelve states are challenging the legality of FCC’s orders regarding Lifeline. Chairman Pai said that it would be a “waste of judicial and administrative resources to defend the FCC’s unlawful action in court,” noting the “FCC will soon begin a proceeding to eliminate the new federal designation process.” Chairman Pai also said that he believed that the FCC should not approve the pending Lifeline Broadband Provider applications for broadband companies seeking to be part of the Lifeline program.

FCC Chairman Pai: Whether NY Times, CNN, NBC are 'fake news' is a ‘political debate’

Federal Communications Commissioner Chairman Ajit Pai said that President Trump’s charge that media outlets including The New York Times, CNN and NBC are “fake news” is a “political debate,” that he would not “wade into.”

When asked by separate reporters during the FCC’s monthly open meeting if those organizations were “fake news,” as President Trump has repeatedly dismissed them, Chairman Pai said both times that he would not comment. “Well look, that’s a political debate that people in the political arena have been debating back and forth,” Chairman Pai said. “My job is to not to be a political actor. It is simply to be somebody at the FCC who, as I said, is administering the laws of the United States. I’m simply not going to wade into that kind of political debate.”

Later he said, “Several years ago, I pointed out that I thought the news media performed a core job, exercising the First Amendment function of gathering news and the importance of distributing it to communities across this country, and keeping people informed,” Pai said. “I stand by those comments.”

EU requests fraud, terms-of-service changes from tech giants

The European Commission requested that Facebook, Twitter and Google Plus alter their terms of service or face potential fines. The Commission — the executive arm of the European Union — noted that their demands came amid increasing complaints from consumers who have been targeted by frauds and scams and that they had “been subject to certain terms of services that do not respect EU consumer law.”

The companies mentioned met with the Commission on March 16 to discuss solutions to the rising consumer complaints regarding their social media platforms, and according to the Commission will offer solutions in one month. Should the Commission not find the solutions “satisfactory,” it noted, “consumer authorities could ultimately resort to enforcement action.”

Twitter accounts hacked to display swastikas, support for Turkish president

Numerous high-profile Twitter accounts were hacked March 15 to display Nazi swastikas and messages supporting Turkish President Recep Tayyip Erdoğan. Some of the more prominent accounts that were hacked included BBC North America, Reuters Japan, Forbes Magazine and Justin Bieber Japan. Many of the compromised account holders have regained control of their profiles according to tweets sent out after the hacks. The tweets from compromised accounts bear the hashtags #NaziHollanda or #Nazialmanya.

Week ahead in tech: GOP takes aim at internet privacy rules

Congressional Republicans are moving against the Federal Communications Commission's broadband privacy rules. In recent days, lawmakers in both the House and Senate have offered legislation to roll back the Obama-era measures, with bills from Sen Jeff Flake (R-AZ) and House Communications Subcommittee Chairman Marsha Blackburn (R-TN). Both bills aim to kill the rules using the Congressional Review Act (CRA), which allows Republicans to block rules with only a simple majority in both chambers.

The FCC's privacy rules were approved under then-Chairman Tom Wheeler, a Democrat, in October, and bar internet service providers from collecting "sensitive" consumer data like browsing information and app usage data without their customers' express consent. But Congress has only 60 legislative days after the regulations were approved to roll them back using the CRA. That timeline means Sen Flake and Chairman Blackburn have until mid-May to get their measures through Congress. So far, things are moving in the right direction for opponents of the privacy rules.

House Oversight Committee question White House on digital records

The leaders of the House Oversight Committee raised concerns that President Donald Trump may be violating federal law by deleting his tweets. In a letter addressed to White House counsel Donald McGahn, committee Chairman Jason Chaffetz (R-UT) and Ranking Member Elijah Cummings (D-MD) expressed concern over the White House’s digital record-keeping practices. “Many of the messages sent from [Trump’s] Twitter account are likely to be presidential records and therefore must be preserved,” the two wrote. “It has been reported, however, that president Trump has deleted tweets, and if those tweets were not archived it could pose a violation of the Presidential Records Act.” Reps Chaffetz and Cummings also noted their unease with encrypted apps White House staffers have been using, which the lawmakers believe may pose a risk to record keeping and transparency.

Sen Flake offers measure to undo FCC internet privacy rules

Sen Jeff Flake (R-AZ) introduced a measure that would reverse the Federal Communications Commission’s privacy rules for internet service providers. The resolution would kill the FCC’s ‘Protecting the Privacy of Customers of Broadband and Other Telecommunications Services’ regulation through the Congressional Review Act, which allows Congress to reject certain recently passed regulations by majority vote.

The FCC rules limit broadband providers from accessing and collecting personal customer information, including web browsing data and app usage history. The regulation, approved by the agency in October, was opposed by internet service providers who said it prevented them from using their customers' data for profit as most internet companies do. Sen Flake's resolution has 21 Republican co-sponsors, including Sens John Barrasso (R-WY), Roy Blunt (R-MO) and Shelly Moore Capito (R-WV).

New FCC chair heads before Congress

The new chairman of the Federal Communications Commission is heading before Congress for the first time since taking over the agency.

Republican Chairman Ajit Pai will testify on March 8 before the Senate Commerce Committee, joined by FCC Commissioners Mignon Clyburn and Michael O'Reilly. While GOP lawmakers are likely to praise Chairman Pai, Democrats will look to put the FCC's new boss on the hot seat. Sure to get attention are Pai's moves to chip away at the Obama administration's landmark net neutrality rules. Sen. Ed Markey (D-MA) has been one of his most vocal critics and can be expected to hit Chairman Pai with tough questions.

Democrats are also likely to voice their concerns about the makeup of the FCC. The FCC currently has two vacancies for commissioner and its unclear when President Trump will nominate another Republican and Democrat to fill those slots

Sen Schumer asks FCC for waiver to trace Jewish center bomb threats

Senate Minority Leader Charles Schumer (D-NY) asked the Federal Communications Commission for a waiver to unscramble anonymous phone numbers that had been used to call in bomb threats to a New York Jewish Community Center. A wave of anti-Semitic acts, including bomb threats to JCCs and vandalism of Jewish cemeteries, has drawn concern in Washington and around the nation. Since the start of 2017, there have been roughly 100 threats to 81 JCCs across the US.

Sen Schumer's letter specifically referred to a series of bomb threats that were made on Feb 27 to 11 JCCs, several of them in or near New York. Sen Schumer called on FCC Chairman Ajit Pai to issue a waiver that would allow law enforcement to trace the anonymous calls. Sen Schumer recalled former Chairman Tom Wheeler granting a waiver to handle a bomb threat problem at a school in Long Island (NY). “The access enabled critical school personnel and law enforcement officials to coordinate with one another in their attempts to quickly respond to swatting calls made to the School District,” Sen Schumer said.

Sen Durbin hammers President Trump over criticism of media

Sen Dick Durbin (DIL) railed against President Donald Trump, blasting the president for his attacks on the news media. “The integrity of the news industry is under an unprecedented attack,” Sen Durbin said at an event put on by National Association of Broadcasters. “These attacks aren’t just coming from outside our border or the Russian government. The attacks are coming from our own government.”

In his speech, the Democratic senator outlined several protections for journalists that he wants Congress to pursue, including preserving federal libel standards and spending more on public media. He also implored President Trump and his Vice President Mike Pence to consider working with Congress to pass a shield law that would protect journalists from revealing their sources. The Illinois senator noted that he was particularly concerned by the president’s remarks in the context of Trump’s tone on Russia. “His near-constant stream of invective towards the media is even more troubling when you consider that President Trump has had only praise for a dictator and former KGB official who ordered a cyber act of war against our nation, Russian President Vladimir Putin,” Durbin told the crowd.