Tom Wheeler

Who makes the rules in the new Gilded Age?

The digital era has spurred tremendous advancements throughout human society, but it has also led to immense instability and inequality. Now, a handful of companies maintain unfettered dominance over key components of economic activity, with little signs of slowing. In this paper, Tom Wheeler sheds light on the issues of the information age by demonstarting its parallels with the Gilded Age, during which rapid industrial expansion led to centralized power and eventually gave way to massive reforms.

The Federal Trade Commission will safeguard privacy in name only

If the American people and Congress are looking to the Federal Trade Commission (FTC) for leadership in the protection of personal privacy, they should prepare for disappointment. In a recent filing with the Commerce Department’s National Telecommunications and Information Administration, the FTC walked away from giving consumers meaningful control of their private information. The bromides they espoused sound remarkably similar to the arguments of the companies that routinely exploit our privacy.

The Supreme Court and House Democrats breathe new life into net neutrality

The activities of the past week have reshaped the future of network neutrality and the strategy for protecting that future. On Nov 5, the Supreme Court declined to review the decision of the DC Circuit Court that twice upheld the 2015 Open Internet Rule. The second development was the Democrats taking control of the House of Representatives. 

The Root of the Matter: Data and Duty

The time has come for a new set of guardrails for information capitalism that protect citizens and promote marketplace competition. The framework for such policies already exists and is embedded in the principles of common law. Companies have responsibilities: a “duty of care” to not cause harm, and a “duty to deal” to prevent monopoly bottlenecks. The harvesting of personal information – often without the individual’s knowledge – infringes on the sovereignty of the individual and their personal privacy.

The real 5G “race” is to serve all Americans

Sept 28 will see a White House rally to promote US leadership in fifth generation (5G) wireless technology. There is no doubt that 5G is an important step forward for wireless technology that will benefit consumers and drive economic growth. However, it is time to take a deep breath and let logic temper emotional battle cries and political gamesmanship. We need to spend less time worrying about China and more time asking how we can we race to make 5G work for all Americans.

Who will stand up for the First Amendment on internet platforms?

The Trump Administration appears to be following through on the president’s threats to online freedom of speech. The attorney general of the United States is convening a meeting with state attorneys general  “to discuss a growing concern that these companies may be…intentionally stifling the free exchange of ideas on their platforms.” Five Republican state attorneys general have been invited to attend so far.

Google leaves an empty chair at Senate hearing on internet companies

The United States Senate Committee on Intelligence convened on Sept 5 to review the practices of internet platform companies, especially as they relate to protecting against any further election interference. What was notable was who refused to participate: the alpha dog of the internet—Google. Instead of an open back-and-forth that would educate both the senators and the public, Google determined that written testimony from their general counsel was sufficient.

Time to Fix It: Developing Rules for Internet Capitalism

It is time for the technology industry to compromise on regulations — specifically around privacy, competition, and operational openness. Responsible corporate action must now extend beyond the voluntary commitments that have governed the first decades of the digital era. Since the earliest days of the internet, policymakers have been afraid to touch it, subscribing to the mythology that somehow they could break the magic. But the effects of digital dominance on privacy, competition, and openness are now clear for all the see.

To uphold its integrity, the Trump FCC must proceed with Sinclair hearing

Sinclair Broadcasting has a right to establish that that they did not engage in “misrepresentations and/or lack of candor”—an assertion by the Federal Communications Commission—in matters related to its $3.9 billion acquisition of Tribune Media. The FCC has designated the matter for an administrative hearing before an administrative law judge. That hearing must go forward. The character of the licensee is an important component in determining whether the party is a fit trustee for the public’s airwaves.

How far will the FCC pursue Sinclair Broadcasting’s “misrepresentations” now that President Trump has intervened?

It is heartening to see the Federal Communications Commission’s unanimous decision to designate the $3.9 billion Sinclair Broadcasting acquisition of Tribune Media for administrative review. Although unaccustomed to praising the Trump FCC, I believe this is an excellent decision. What happens next is worrisome, however, especially since President Donald Trump decided to tweet about the FCC’s decision. The tweet would seem to signal to Sinclair not to withdraw the transaction (a typical reaction to a designation for a hearing).

The logic between “regulatory risk” and antitrust review of media mergers

The Antitrust Division of the Justice Department appears to have put its thumb on the scale in the ongoing battle between the Walt Disney Company and Comcast over the assets of 21st Century Fox. On June 27, the division approved the transfer to Disney (with conditions) despite the fact Comcast was still bidding. Disney had previously argued to the Fox board of directors that their merger faced less regulatory risk than Comcast’s. The Disney-Fox combination would produce a larger horizontally-integrated company and one that would typically pose the greater risk.

Suspected criminals get privacy rights—what about the rest of us?

Less than a month after the European Union instituted rules to protect the privacy of its citizens, the United States Supreme Court took an important step to protect Americans against unwarranted government intrusion in criminal investigations. Now it is time for another branch of government—the Congress—to act to protect our privacy the rest of the time. June’s decision in Carpenter v. U.S. (16 U.S. 402) focused on the government’s access to private information.

A shameless effort to consolidate control of local broadcasters

The Trump Federal Communications Commission has been working diligently since its first moments in office to help Sinclair expand its political messaging. By rewriting the rules governing local broadcasting, the Trump FCC is allowing Sinclair to turn supposedly “local” television operations into a coordinated national platform for the delivery of messages. Local television stations were licensed to multiple firms to promote a diversity of viewpoints. Using the public airwaves was supposed to deliver diverse editorial content and news coverage.

The General Data Protection Regulation sets privacy by default

[Commentary] In a few days, the nations of the European Union take the first step to establish a New Digital World Order when the General Data Protection Regulation (GDPR) goes into effect on May 25. For the first time, government has stepped in on a comprehensive basis to oversee the unregulated collection of personal information through the internet. Unfortunately, it is not the United States of America that is leading the world in protecting personal rights. Instead, the Old World is leading the New World.

Sprint and T-Mobile: There is a better 5G solution than reducing competition

[Commentary] The proposed merger between Sprint and T-Mobile once again focuses the nation’s attention on next generation 5G wireless service. Burdened with the fact that the current vibrant competition among four wireless companies has benefited consumers greatly (decreasing prices by 13 percent in the last year alone), the companies assert that their merger will accelerate the deployment of 5G. The “China is winning on 5G” argument of Sprint and T-Mobile is creative, and probably  the only rationale they could concoct after the government twice before rejected their proposal to reduce nat

On local broadcasting, Trump Federal Communications Commission “can’t be serious!”

[Commentary] Network news is nationally scripted for a national audience. The New York-based networks such as ABC, CBS, Fox and NBC feed common fare to all their affiliates. That is precisely why broadcasting policy – until the Trump Federal Communications Commission – has expected those local affiliates to use the medium for local news and information. Sinclair’s broadcast licenses mandate the provision of local services, not a de facto new national network with pre-scripted national messages.

Can Europe Lead on Privacy?

[Commentary] What matters is not whether internet companies “deserve” our private information but why we as consumers do not have meaningful ways to protect that data from being siphoned for sale in the first place. The American government has done little to help us in this regard. The Federal Trade Commission merely requires internet companies to have a privacy policy available for consumers to see. A company can change that policy whenever it wants as long as it says it is doing so.

A wide gulf between federal agencies on broadband competition

[Commentary] With the Department of Justice (DOJ) litigation to stop the AT&T-Time Warner merger set to go to trial on March 19, it is revealing to compare different views about network power from the agency’s perch on the north side of the National Mall with those of the Federal Communications Commission (FCC) on the other side.

Op-ed: How to Monitor Fake News

[Commentary] The Mueller investigation of Russian efforts to influence the 2016 presidential election is shining a welcome light on the Kremlin’s covert activity, but there is no similar effort to shine a light on the social media algorithms that helped the Russians spread their messages. There needs to be. This effort should begin by “opening up” the results of the algorithms.  The government should require social media platforms like Facebook and Twitter to use a similar open application programming interface.

Cybersecurity is not something; it is everything

[Commentary] Four years ago, the Obama Administration rolled out the Cybersecurity Framework from the National Institute of Standards and Technology (NIST). It has proven to be an essential and indispensable roadmap for companies to review their cybersecurity risk and preparedness. Recently, NIST updated the document to reflect supply chain risk and additional security insights. The anniversary of the NIST Framework should be a time to celebrate the federal government’s preparation for the cyber threats to the critical infrastructure of our communications networks.

The state of tech policy, one year into the Trump administration

Nicol Turner-Lee: One year into his presidency, President Donald Trump is planning to release the details of his $1.7 trillion infrastructure plan during the State of the Union. While the plan will fund the nation’s public works projects, the jury is still out on whether or not broadband infrastructure will be sufficiently covered, especially as it has become the nation’s next critical asset.

Building a secure 5G network without nationalization

[Commentary] When the outgoing Federal Communications Commission (FCC) cyber experts met with the Trump FCC and National Security Council (NSC) transition teams, they expressly informed them that a FCC retreat from ongoing cybersecurity activities would have dire consequences for 5G and the future of the nation’s critical communications infrastructure.

Destroying what made American broadcasting great

[Commentary] Historically, the Federal Communications Commission has carried out its congressional charge to uphold the public interest in the airwaves by protecting broadcaster’s obligation to localism. Unfortunately, the Trump FCC is now proceeding to dismantle the policies that made American broadcasting great. The beneficiaries will be the big corporate broadcasters. The losers will be American viewers and democratic values.

[Tom Wheeler served as the 31st Chairman of the Federal Communications Commission from 2013-2017]

Taming monopolies in the digital age

[Commentary] Our nation has faced the corrosive power of monopolies before. The lack of competition that initially contaminated the industrial revolution was gradually tamed, and the benefits of technological progress eventually produced a secure and stable American middle class. But this achievement did not happen by accident, and was instead the product of a hard-fought effort to inject competition into an economy dominated by large and powerful companies.