Julian Hattem

Rep Issa: Don’t sell off airwaves for short-term gains

House Oversight and Government Reform Committee Chairman Darrell Issa (R-CA) said he is tired of selling off public airwaves only to fund a pork-barrel project or make a tiny dent in the deficit.

Selling off chunks of the spectrum to make a little short-term cash, he said, would be like selling off pieces of the Mississippi River or the Saint Lawrence Seaway.

“Public assets for the public good have never been before sold in the way that we deal with spectrum,” he said at a conference pushing for more unlicensed spectrum, which allows Wi-Fi systems and devices like garage door openers to operate.

In 2015, the Federal Communications Commission is planning to buy back chunks of the airwaves currently owned by broadcasters and resell them to wireless companies, which need the spectrum to offer high-speed Web access for consumers’ phones and tablets. Most of the airwaves will be allocated for specific companies, but the FCC will reserve some for unlicensed use to support Wi-Fi and other services. Just how much of the spectrum is unlicensed depends on how much broadcasters sell back to the government.

FTC commissioner ‘somewhat optimistic’ about data breach bill

Federal Trade Commission (FTC) Commissioner Maureen Ohlhausen thinks Congress can get together and pass legislation to protect consumers when hackers steal their data online, she said.

She also said she was “somewhat optimistic” about the prospect of a bill, after a series of headline-grabbing data breaches in recent months.

“I think there has been continuing interest in Congress and I think some of these big data breaches have kept the energy up behind it,” she said. “It’s very difficult,” she added. “Congress, obviously, has a lot on its plate...[but] I have found on a bipartisan basis there has been an interest in better data security guidance and having legislation in that regard.”

Opposing tech groups settle lawsuit

Two competing technology industry trade groups have resolved a lawsuit over lobbyists who moved from one organization to another.

Details about the deal were not disclosed, but executives expressed hope that the resolution between TechAmerica and the Information Technology Industry Council (ITI) would settle a fracture that had erupted in the tech lobbying world. Both trade groups pledged to put the matter behind them and refocus on the needs of their members.

"ITI is committed to focusing on the vibrancy of the technology sector and the dynamic future that [information and communications technology] innovation brings to consumers around the world,” CEO Dean Garfield said in a statement.

His firm represents tech giants like Apple, Google and Microsoft. “To ensure continued success in achieving this vision, ITI and TechAmerica have agreed to the resolution of pending litigation between them and have entered into a confidential agreement to resolve all claims, without any admission of wrongdoing,” Garfield added. TechAmerica head Shawn Osborne added that the deal “is in the best interests of our members.”

Spy court hears first anti-NSA argument

For the first time, the Foreign Intelligence Surveillance Act (FISA) Court heard a formal argument that the National Security Agency’s bulk collection of people’s phone records is illegal.

In a friend-of-the-court brief filed early in April and just declassified, the Center for National Security Studies said that the surveillance program is not authorized under current law.

“Congress has never authorized the telephone metadata program,” the think tank told court. “When the government acts in an area of questionable constitutionality, Congress cannot be deemed to have authorized that action by mere implication or acquiescence,” it added, “Rather, Congress must explicitly indicate that it intends to alter the rights and limitations normally afforded by the law.”

Yet with regards to the controversial NSA operation, Congress never “made such an explicit statement.” According to Kate Martin, the director of the Center for National Security Studies, the brief is the first formal argument the FISA Court has heard outlining how the bulk data collection does not comply with the law. “The court hasn’t heard the opposing view on that before issuing these orders, on that question,” she said.

Advocates press Obama on warrantless searches

President Barack Obama needs to take a stand on whether or not the government should be able to get someone’s emails without a warrant, a coalition of business and privacy advocates said.

In a letter sent to the White House, dozens of organizations including the American Civil Liberties Union, FreedomWorks, the Electronic Frontier Foundation and the Chamber of Commerce blamed the Securities and Exchange Commission (SEC) for the Administration’s reticence on the issue.

“You have a rare opportunity to work with Congress to pass legislation that would advance the rights of almost every American,” the groups wrote. “Please act now to support meaningful privacy reform.”

Under terms of the Electronic Communications Privacy Act (ECPA), emails, texts, photos and other data stored online can be searched by law enforcement without a warrant as long as they have been in the cloud for at least 180 days. The law was written in 1986, when dial-up Internet was still cutting-edge technology, and is deeply in need of an update, advocates say.

A reform bill in the House from Reps Kevin Yoder (R-KS) and Jared Polis (D-CO) has 205 co-sponsors, but the White House has yet to respond to a November petition to take sides on the issue.

Sec Kerry calls to ‘tear down’ Internet censorship

Different countries’ control of the Internet is increasingly dividing the world into “two different visions” reminiscent of the Cold War, Secretary of State John Kerry warned.

In remarks to a global Internet governance conference, Sec Kerry said that barriers to Internet access and online freedom needed to be torn down, just like the Berlin Wall in 1989.

"Today, we’ve all learned that walls can be made of ones and zeros and the deprivation of access even to those ones and zeros, and that wall can be just as powerful in keeping us apart in a world that is so incredibly interconnected,” he said at the fourth annual Freedom Online Coalition conference. “So it's very much our ... common responsibility to try to tear down those walls just as it was our responsibility to try to do that during the Cold War.”

He specifically mentioned Russia and Venezuela as countries with an “an absolutely unmistakable pattern” of Internet crackdown. “The places where we face some of the greatest security challenges today are also the places where governments set up firewalls against some of the basic freedoms online,” he said.

US takes Philippines off intellectual property watch list

The Obama Administration says that the Philippines has fixed its problems protecting intellectual property enough to take it off of a special watch list on the issue.

“Although significant challenges remain, the commitment of Philippine authorities and the results achieved merit this change in status,” said the Office of the US Trade Representative. “The United States will continue to engage with the Philippines to address unresolved and future challenges.”

The Philippines had appeared on the watch list or the priority watch list continually since 1994, and was first added in 1989. Countries on the list, which include nations from India to Russia to Canada, are considered to have a weak record of defending or enforcing intellectual property rights, or close off market access to people relying on intellectual property.

The Obama Administration said that the Philippines had enacted “a series of significant legislative and regulatory reform” to protect intellectual property rights in the country.

Cable companies shell out for lobbyists ahead of merger decision

Comcast and Time Warner Cable forked over more than $5 million on lobbying in the first three months of 2014, according to recently disclosed lobbying records.

The two cable giants are pushing regulators at the Justice Department and the Federal Communications Commission to approve their proposed $45 billion merger, which they say will lead to faster Internet and better service.

Skeptics warn the deal will offer few benefits and cause consumers’ bills to go up. Comcast, the largest cable company in the country, spent $3.09 million to pay for dozens of lobbyists so far. Among those were at least 27 different firms to focus specifically on the Time Warner Cable merger or “competition” issues.

Time Warner Cable spent $1.93 million on lobbyists, including at least four shops focusing on the merger or “competition” in the marketplace. Among the hired lobbyists are multiple former lawmakers and staffers on Capitol Hill.

Critics: Cable merger could sideline sports

A pending mega-merger between Comcast and Time Warner Cable could affect some sports fans' ability to watch their favorite teams, critics are saying.

Opponents of the proposed $45 billion deal are warning it could lead Comcast to squeeze out competition and force leagues to show games exclusively to the company's subscribers. "What [Comcast] can do is it can favor its own content in a lot of ways on its own platform, and then it can also deny its own content to other platforms, meaning typically the satellite guys," said Matt Wood, policy director for Free Press. Comcast owns a handful of regional sports networks, as well as NBC and its slate of channels.

That could give it an incentive to make sure games are shown only on its stations, not others, and give the company more leverage over teams when it comes to broadcasting rights. That potential exists for a variety of types of programming, critics say, but would be especially egregious for sports, which are often supported by local tax dollars.

"Because sports are publicly subsidized, our belief is that everything should be viewed through the lens of what makes them more available," said David Goodfriend, the chairman of the National Sports Fan Coalition and former deputy staff secretary in President Clinton's White House.

Lawmakers have expressed similar concerns. In a hearing in April, Sen Richard Blumenthal (D-CT) said Comcast would own 16 regional sports networks after the merger, which amounts to "a very formidable amount of local sports programming in the largest media markets in the country."

After another data breach, Congress pressed to act

Credit unions are looking for Congress to take up legislation following news of a new data breach that exposed millions of shoppers’ data.

The National Association of Federal Credit Unions told House and Senate leaders that revelations about the data breach at arts and crafts chain Michaels, which affected about 2.6 million customer debit and credit cards, are a reminder to act.

“In light of this and the numerous other large scale data breaches occurring on the heels of major breaches at Target and Neiman Marcus over the holidays, it is clear that Congress must take action to protect consumers’ financial information,” trade group CEO Dan Berger wrote.

The Target and Neiman Marcus breaches that potentially affected more than 100 million people rattled Washington and led to a wave of hearings and proposed legislation.

Snowden calls Putin to talk NSA

Edward Snowden called into a Russian state television program and asked President Vladimir Putin about whether Moscow has surveillance programs similar to those exposed by the former government contractor.

The exchange between Putin and Snowden appeared to be a piece of theater designed to embarrass the Obama Administration amid heightened tensions between the US and Russia over Ukraine.

“I’ve seen little public discussion of Russia’s own involvement in the policies of mass surveillance,” Snowden, a former government contractor facing espionage charges in the US, told Putin via video message. “So I’d like to ask you: Does Russia intercept, store or analyze in any way the communications of millions of individuals? And do you believe that simply increasing the effectiveness of intelligence or law enforcement investigations can justify placing societies, rather than subjects, under surveillance?”

In response, Putin said that bulk collection programs “cannot exist’ under Russian law. “We don’t like a mass system of such interception,” Putin said, according to a translation from state-run broadcaster Russia Today. He said that the government has “some efforts like that” to track “criminals and terrorists,” but that was highly regulated and did not amount to "mass scale" surveillance.

Study says national cyber plan hurts US

A new report claims that the Commerce Department’s voluntary cybersecurty framework could end up undermining the online protections it seeks.

The report from George Mason University’s Mercatus Center claimed that the plan amounts to “opaque control” of the Internet, which could undermine the “spontaneous, creative sources of experimentation and feedback that drive Internet innovation.”

Companies, the authors wrote, “already have intrinsic incentives to develop cybersecurity solutions” without a formal government plan. Those standards, in fact, are based on industry norms and market trends which “are more robust, effective, and affordable than state-directed alternatives,” they added.

The voluntary framework released by the Commerce Department in February outlines how financial services firms, power companies and other critical infrastructure businesses can beef up their protections against cyberattacks. Supporters have said that the guide is a step towards safer networks and critical protections against a future impending cyberattack.

Lawmakers and administration officials have warned of a “cyber Pearl Harbor” for which the US is currently unprepared. But study authors Eli Dourado and Andrea Castillo say that that kind of rhetoric is overblown and serves as a distraction from the steady stream of data breaches and cyber spying that authorities should be going after.

Privacy, media groups want anti-Muslim video kept online

A host of news outlets and privacy rights groups are urging a federal appeals court to keep the anti-Muslim video “Innocence of Muslims” on the Internet.

The Electronic Frontier Foundation, American Civil Liberties Union, Center for Democracy and Technology and other groups filed a brief with the Ninth Circuit Court of Appeals asking it to reverse a decision to take down the contested video, which was partially blamed for the 2012 attack at a US diplomatic compound in Benghazi, Libya.

“Whatever may be said about the merits of ‘Innocence of Muslims,’ it has unquestionably become part of the historical record,” the groups wrote. If the current ruling is left to stand, they added, it “is likely to harm online expression.”

The Washington Post, National Public Radio, Los Angeles Times and other news companies filed a similar friend-of-the-court brief, arguing that the decision to take down the disputed video “failed to adequately consider the impact its decision could have on core First Amendment rights” and “could empower putative plaintiffs to bypass well-established constitutional protections against restraints on speech...”

The groups are protesting the court’s 2-1 February decision ordering Google, which owns YouTube, to take the video offline. They are looking for a new decision from a slate of 11 judges on the panel, known as an en banc review.

House Judiciary chief claims jurisdiction over NSA reform

The head of the House Judiciary Committee is asserting his panel’s jurisdiction over any legislation to reform surveillance programs at the National Security Agency (NSA) and elsewhere.

“This is the jurisdiction of the Judiciary Committee,” Rep Bob Goodlatte (R-VA) said. “Obviously the Intelligence Committee has an interest in how intelligence is gathered, but because of the civil liberties entailed that must be protected under our Bill of Rights, this is very clearly the jurisdiction of our committee,” he added.

Analysts have raised questions about which of the two panels would be given primary jurisdiction over the issue, a decision that could determine how far reform legislation will go. Rep Jerrold Nadler (D-NY), a member of the Judiciary Committee and fierce critic of the NSA programs, said he was “deeply concerned” about the decision. Rep Goodlatte declined to back any specific piece of legislation to rein in the NSA.

Groups push feds on email privacy

Privacy and civil liberties advocates are pushing regulators and the Obama Administration to support an end to warrantless searches of people’s emails.

The American Civil Liberties Union, Heritage Action for America, Americans for Tax Reform and the Center for Democracy and Technology called out the Securities and Exchange Commission (SEC) for making “contradictory or misleading statements” about its work to oppose an overhaul of current law. The SEC has been one of the most vocal opponents of an update to the 1986 Electronic Communications Privacy Act (ECPA), which allows law enforcement officials to get emails and other documents without a warrant once they have been stored online for more than 180 days.

Legislation to overhaul the law has gained momentum in both chambers of Congress, but the SEC has feared that an update would interfere with the way it conducts investigations. In a letter to the commission, the groups said the agency was trying to confuse people about its investigation processes. They also agreed to a proposed amendment meant to satisfy SEC concerns, developed with Senate Judiciary Committee Chairman Patrick Leahy (D-VT). That measure, they said, would make sure that "ECPA cannot be used to shield data in the cloud from ordinary discovery techniques" by allowing the SEC and other regulators to use a subpoena to obtain information held by third-party service providers during the course of an investigation.

Senator fears merger could gag the right

Sen Mike Lee (R-UT) said he is worried that the proposed $45 billion merger between Comcast and Time Warner Cable could lead to a clampdown on conservative media.

The deal would put one massive cable and Internet provider in 27 of the top 30 markets in the country. But perhaps more importantly, that resulting cable giant would also own NBC Universal and its slew of subsidiary channels, which Comcast has owned since 2011. That could lead to unfair treatment of some content, Sen Lee warned, including shows appealing to the conservative right.

“I’ve heard some concerns expressed that the emerging Comcast, the post-merger Comcast, might have the incentive or even the predilection but certainly an enhanced capacity, due to its larger size, to discriminate against certain types of content, including political content,” he said at a hearing with Comcast and Time Warner Cable executives.

Attorney General Holder: ‘We’re not done’ on NSA reform

The Obama Administration is promising to come back to Congress with additional reforms of government spying operations.

Attorney General Eric Holder told lawmakers in the House Judiciary Committee that the White House’s recent legislative proposal to end the National Security Agency’s (NSA) bulk collection of phone records would not be its last word on the surveillance. Additional reforms, he said, would be on their way to Congress once he and Director of National Intelligence James Clapper decide how to move forward, as President Barack Obama directed in a January speech.

“We have begun the process that the president gave us in that regard. We are not finished with the work that we are doing,” Attorney General Holder said.

Critics of the NSA’s surveillance have said that the White House’s plans to end the phone records program, unveiled in March, seemed too limited. “They focus on one program used to access one database collected under one legal authority,” said Rep John Conyers (D-MI), the top Democrat on the Judiciary panel. “To me the problem is far more complicated than that narrow lens implies.”

The prime subject under review before the administration is Section 702 of the FISA Amendments Act, which allows the NSA to collect information about “non-US persons” who are “reasonably believed” to be outside American borders.

Chairman Leahy hopeful for patent markup

Senate Judiciary Committee Chairman Patrick Leahy (D-VT) said that he is hopeful his committee will consider his patent reform bill.

“As chairman of the Judiciary Committee, I am committed to ensuring we move forward with meaningful legislation to support businesses and combat abuses in the patent system,” he said, adding that he “hopes” to begin consideration of a compromise patent reform bill. Negotiations continued, and no manager’s amendment was published by the close of business day.

“Weekend negotiations on this complex issue were positive, and I am confident we are closer to solidifying a bipartisan agreement that incorporates the ideas of many members,” Chairman Leahy said. He added that he scheduled the upcoming markup so that “all members [will] have the opportunity to debate this legislation.”

Architect of telecom law regrets FCC powers

A former lawmaker involved in the sweeping rewrite of communications laws in 1996 says he regrets giving too much discretion to the Federal Communications Commission (FCC).

Former Rep Jack Fields (R-TX), who served as chairman of the Energy and Commerce subcommittee on Telecommunications and Finance back when the 1996 Telecommunications Act was passed, said that Congress should have been more prescriptive.

“We gave the Federal Communications Commission too much latitude and too much flexibility,” he said at a Capitol Hill event sponsored by the Internet Innovation Alliance, a group that advocates for universal broadband networks. “I think we should’ve been much more prescriptive in terms of legislative intent.”

Tech group hires House cyber guru

TechAmerica is bringing on a former House Homeland Security Committee staffer as its director of cybersecurity policy. Michael Spierto, who worked on the Cybersecurity, Infrastructure Protection and Security Technologies subcommittee, will help the organization as lawmakers continue to push for legislation to protect the country’s computer networks.

“Cybersecurity is a worldwide challenge that spans across every industry and government sector,” Spierto said in a statement. “TechAmerica is on the forefront of this debate and I aim to build upon the organization's proven record of success to development of new thresholds of achievement.”

TechAmerica has urged Congress not to enact an overly broad cybersecurity bill that could end up doing more harm than good by imposing extra mandates or requirements on companies. Instead, it has pushed for a way to allow companies and the government to better share information as well as a nationwide set of rules for alerting people after their information may have been compromised in a data breach.

Google pays $1.4 million over privacy concerns

Google has paid a fine of 1 million euros for violating Italian privacy rules with its Street View service.

Italy’s data protection watchdog said the Web giant’s cars “roamed the streets without being perfectly recognizable,” which prevented people from being about “to decide whether or not to avoid being photographed. The government agency received a slew of complaints, it said, from people who did not want to be captured by Google’s cameras but were not able to make the choice. One million euros is the equivalent of about $1.4 million.

The Italian watchdog claimed that Google’s cars were not easily identifiable. It required the company to publicize upcoming routes ahead of time online, on the radio and in at least two local newspapers. Google had “promptly adopted” those measures, it added.

Veteran Washington trade groups seek new blood in Silicon Valley

Old-school Washington trade associations and think tanks are taking their membership pitches straight to Silicon Valley’s doorstep.

Seeking to tap into the success of the sector, veteran influence groups are updating their rosters and opening offices to try and make inroads with the new wave of corporate giants.

“We’re seeing the elevation of tech as a significant driver of both economic and political events,” said Jessica Herrera-Flanigan, a lobbyist at Monument Policy Group who represents Microsoft and the tech-based Reform Government Surveillance coalition. “It’s a natural progression, and you want to capture that community, and it’s not a business community that plays by traditional rules,” she said. “You have to go to them as opposed to waiting for them to come to you.”

Chavern said the new Center for Advanced Technology and Innovation, which is still hiring staff and looking for a West Coast office, is likely to expand the Chamber’s focus on issues like immigration, tax reform, trade and infrastructure, which are important to the tech sector.

FCC’s Wheeler defends broadcaster crackdown

Federal Communications Commission Chairman Tom Wheeler is defending a controversial move to limit broadcast companies’ ability to cooperate as merely an attempt to defend the laws on the book.

At a summit put on the by the American Cable Association, Chairman Wheeler accused broadcasters of carrying on a “charade” to skirt the rules. “It doesn’t take a rocket scientist to figure this out,” he told the supportive cable industry crowd.

“This concept of competition and diversity and localism was being undone by legal legerdemain,” he said. “It makes no sense to create a situation where you own a broadcast license, I want to get control of that license but I can’t because I own another station in town, and I’ll tell you what, I’m going to buy 90 percent of all of your assets... and you keep the license because that makes you the owner.”

Chairman Wheeler added: “What we were trying to do was say: ‘Look, this is harmful to competition. It is harmful to the marketplace of broadcast transactions. There is a set of rules, a set of concepts, that have been hallowed in communications law. We’re trying to stick to those concepts and say how do those apply in this world?”

Rep Eshoo calls for ‘rebalancing’ video law

Rep Anna Eshoo (D-CA), the top Democrat on the House Communications Subcommittee, wants to shift the balance of power between broadcasters and paid television companies like cable and satellite firms.

Rep Eshoo pushed for a “rebalancing” of the federal video laws to prevent broadcast companies like ABC, NBC and CBS from being able to black out local stations during disputes with cable and satellite companies, which pay to retransmit the channels.

“I think that there needs to be, obviously, a rebalancing of the law,” she said. “Much of the law was written to produce localism, but you see so many trends moving against that today.”

Consumers, she added, are getting “screwed and tattooed” in the arrangements allowed under current law, which can add up to billions of dollars but are “a racket.”