October 17, 2017 (Pai's Bind)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for TUESDAY, OCTOBER 17, 2017

See All of Today's Events -- https://www.benton.org/calendar/2017-10-17


COMMUNICATIONS & DEMOCRACY
   FCC Chairman Pai's bind: Defend President Trump or free speech
   Sen Blumenthal urges Chairman Pai to disavow President Trump tweet
   FCC Commissioner Rosenworcel on President Trump Tweets: History Won't Be Kind to Silence [links to Benton summary]
   President Trump’s threats against the press may be toothless. But they’re far from harmless. - Margaret Sullivan analysis [links to Benton summary]
   The 140-character president - CJR op-ed
   The Fox News president
   Firm behind Trump dossier won't comply with House Intel subpoena [links to Hill, The]
   President Trump joked Vice President Pence 'wants to hang' all gay people [links to Benton summary]
   President Trump calls past sexual assault allegations against him 'fake news' [links to Benton summary]
   Gov Scott (R-FL) declares state of emergency for Richard Spencer speech [links to Hill, The]
   President Trump: 'I'm all in favor of people protesting' except during anthem [links to Hill, The]

ELECTIONS & MEDIA
   Cambridge Analytica, the shady data firm that might be a key Trump-Russia link, explained
   Google, Facebook putting an early mark on political advertising bills
   What Facebook Did to American Democracy
   Twitter turns over ‘handles’ of 201 Russia-linked accounts [links to Associated Press]
   Russian Trolls Studied ‘House of Cards’ to Spread Fake News During 2016 Campaign [links to Wrap, The]
   Donald Trump campaign ramps up 2020 re-election fundraising [links to Benton summary]
   Roy Moore’s Senate campaign blames Democrats for fake Twitter followers [links to Washington Post]
   President Trump beat Silicon Valley at its own game. Now it must prove itself. - Rep Ro Khanna (D-CA) op-ed [links to Benton summary]

INTERNET/BROADBAND
   New America Submits Reply Comments to the FCC on Broadband Deployment - press release [links to Benton summary]

SECURITY/PRIVACY
   Supreme Court to consider major digital privacy case on Microsoft e-mail storage
   Every modern, protected Wi-Fi network is vulnerable, warns government cyber watchdog
   DHS to Order Agencies Implement E-mail, Website Encryption Tools [links to Benton summary]
   Cyberattack Captures Data on US Weapons in Four-Month Assault [links to Wall Street Journal]

EMERGENCY COMMUNICATIONS
   FirstNet's fight for customers will continue long past opt-in deadline [links to Benton summary]
   Hurricane Maria Communications Status Report for Oct. 16 [links to Federal Communications Commission]
   Bringing the internet back to Puerto Rico [links to Benton summary]

ACCESSIBILITY
   Remarks By FCC Chairman Ajit Pai At The Disability Advisory Committee Meeting - speech

OWNESRHIP
   T-Mobile and Sprint may be getting close to a merger. Here’s what you need to know. - WaPo analysis
   T-Mobile, Sprint plan merger without selling assets [links to Benton summary]
   Facebook acquired TBH, the anonymous app popular with high school kids [links to Vox]
   Silicon Valley Vs. Wall Street: Can the New Long-Term Stock Exchange Disrupt Capitalism? [links to Benton summary]

WIRELESS/SPECTRUM
   Congressional Lawmakers Push Chairman Pai to Hold to TV Station Repack Timeline
   Initial Allocation of Broadcast Reimbursement Funds Announced - public notice
   Wireless Carriers suffer major blow as small-cell bill vetoed in California
   Repurposing Spectrum for Mobile Broadband Is Great, But Interference Issues Must Be Resolved First - Bloomberg op-ed [links to Benton summary]
   Qualcomm claims victory in 5G ultrafast wireless race [links to Financial Times]

JOURNALISM
   Op-Ed: Why does the public hate the news media? [links to Los Angeles Times]
   Three ways Hispanic media has changed in the Trump era [links to Media Matters for America]

LABOR
   Facebook Is Looking for Employees With National Security Clearances [links to Benton summary]

CONTENT
   Twitter's Harassment Problem Is Baked Into Its Design [links to Atlantic, The]
   The ‘Me too’ movement against sexual harassment and assault is sweeping social media [links to Vox]
   Netflix plans to spend $8 billion to make its library 50 percent original by 2018 [links to Vox]

DIVERSITY
   Op-ed: Tech’s Troubling New Trend: Diversity Is in Your Head [links to New York Times]

GOVERNMENT & COMMUNICATIONS
   House Communications Are Now Available in Congress.gov! - press release [links to Benton summary]

POLICYMAKERS
   The Kirstjen Nielsen backstory [links to Axios]

STORIES FROM ABROAD
   As US Confronts Internet’s Disruptions, China Feels Vindicated
   UK media warn data rules used to stifle journalism [links to Financial Times]
   Public Knowledge Urges UN Agency to Avoid Limiting Free Speech, Open Internet in Privacy Discussions [links to Public Knowledge]

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COMMUNICATIONS & DEMOCRACY

PAI’S BIND
[SOURCE: Politico, AUTHOR: Margaret Harding McGill]
Federal Communications Commission Chairman Ajit Pai is facing increasing pressure to distance himself from President Donald Trump’s threats against NBC — a course of action that would risk provoking the president’s Twitter-fueled wrath. Democrats have refused to let the issue die in recent days, with FCC Commissioner Jessica Rosenworcel warning that “history won't be kind to silence" on Trump's threats to the First Amendment. Chairman Pai could confront public questions about the issue as soon as Oct 17 at a telecom law event in Washington, forcing him to choose between his longstanding defense of freedom of speech and the man who made him chairman. If Chairman Pai weighs in, he risks repeating the pattern of other Trump appointees whose words and actions have drawn the president's ire and imperiled their positions in the government. “Ajit is in a really very awkward situation, but I assure you he is on our side — we being the people who generally believe in free speech,” said Berin Szóka, president of libertarian group TechFreedom, which supports Pai's FCC agenda. “I think it’s unfair to jump up and down and insist that if he doesn’t pick a fight with the president, he doesn’t really care about the First Amendment.” Szóka outlined several scenarios in which President Trump could act to retaliate if he doesn't like what the FCC chairman has to say. President Trump could demote Chairman Pai to commissioner and elevate another FCC Republican, Mike O’Rielly or Brendan Carr, to chairman, although Szóka noted that both are probably similar to Chairman Pai when it comes to their positions on the First Amendment. President Trump could also replace Commissioner O'Rielly with a "loyalist" and name that person chairman when the term is up in 2019.
benton.org/headlines/fcc-chairman-pais-bind-defend-president-trump-or-free-speech | Politico
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BLUMENTHAL URGES PAI TO DISAVOW TRUMP TWEET
[SOURCE: The Hill, AUTHOR: Harper Nedig]
Sen Richard Blumenthal (D-CT) joined the growing number of Democratic lawmakers who are calling on Federal Communications Commission Chairman Ajit Pai to disavow President Donald Trump’s calls to challenge certain media outlets’ broadcast licenses. Sen Blumenthal sent a letter to FCC Chairman Ajit Pai asking him to commit to not infringing on media outlets’ First Amendment rights. “As FCC Chairman, sworn to uphold both the Constitution and the Communications Act, you have a duty to condemn this attack and reassure our nation and our journalists that you will stand up for them and protect and defend their fundamental freedoms," Sen Blumenthal wrote in a letter. “I ask for your unwavering commitment that you will ensure the First Amendment remains a cornerstone of our democracy and that you will not follow through on this direction from the President."
benton.org/headlines/sen-blumenthal-urges-chairman-pai-disavow-president-trump-tweet | Hill, The | read the letter | B&C
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THE 140-CHARACTER PRESIDENT
[SOURCE: Columbia Journalism Review, AUTHOR: Matthew Ingram]
[Commentary] The president’s use of a public platform like Twitter to talk directly with the American people is unprecedented for the presidency, and it raises legal, ethical, and cultural issues that have never been tackled in American politics. The more outrageous President Donald Trump’s online comments have become, the more coverage they’ve received, creating a symbiotic relationship that has come to define Trump’s relationship with the media that covers him. But it has also boxed in a press corps that has come to simultaneously depend on and benefit from Trump’s Twitter torrent. Just because it’s being tweeted by the president, is it news? In effect, Twitter has given Trump the illusion of transparency and accessibility without his having to actually provide them—or the accountability that usually comes with a two-way conversation with the press. It allows him to state untruths with impunity, knowing that his tweets will be widely redistributed by his followers and the media, and to dodge follow-up questions or criticism.
[Mathew Ingram is a former senior writer with Fortune magazine]
benton.org/headlines/140-character-president | Columbia Journalism Review
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THE FOX NEWS PRESIDENT
[SOURCE: Washington Post, AUTHOR: Philip Bump]
Since his election as president, Donald Trump has tweeted to or about Fox News nearly 130 times. The most recent example was early Oct 16, when Trump shared a comment from economist Art Laffer that had just been made on a Fox network. How do we know that was the origin of the quote? President Trump made sure to tag Fox News in the tweets. He might also have tagged Fox Business, the network he was watching. Which is unusual: He’s usually watching “Fox and Friends” on weekday mornings, a show he’s mentioned or retweeted 79 times as president — once every three days or so. What’s critical to remember, though, is that President Trump’s interest in Fox News predates his presidency substantially. Since 2010, he’s tweeted about Fox News more than 1,200 times, most heavily in 2015 as he enjoyed the network’s coverage as he tried to woo Republican voters — and most often between 6 a.m. and 8 a.m., when “Fox and Friends” is on.
benton.org/headlines/fox-news-president | Washington Post
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ELECTIONS & MEDIA

CAMBRIDGE ANALYTICA EXPLAINED
[SOURCE: Vox, AUTHOR: Sean Illing]
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.
benton.org/headlines/cambridge-analytica-shady-data-firm-might-be-key-trump-russia-link-explained | Vox
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GOOGLE, FB PUTTING EARLY MARK ON POLITICAL AD BILLS
[SOURCE: Politico, AUTHOR: Steven Overly, Ashley Gold]
Google and Facebook are looking to make an early imprint on legislation being drafted in the House and Senate that would force them and other online networks to disclose information about the buyers of political ads. Lobbyists from the Silicon Valley behemoths have met with the staffs of Sens Mark Warner (D-VA) and Amy Klobuchar (D-MN) and Rep. Derek Kilmer (D-WA), all of whom are drawing up bills that would impose new regulations on the industry. The Senate bill is expected to be formally introduced next week. It is not clear when the House legislation, which has not been previously reported, will be introduced. The companies are keen to show steps they've taken to police themselves when it comes to monitoring and disclosing the ads on their sites, efforts that could be used to fend off heavy-handed regulation as investigations into Russian interference in the election bring unprecedented scrutiny on their businesses.
benton.org/headlines/google-facebook-putting-early-mark-political-advertising-bills | Politico
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WHAT FB DID TO AMERICAN DEMOCRACY
[SOURCE: The Atlantic, AUTHOR: Alexis Madrigal]
Tech journalists covering Facebook had a duty to cover what was happening before, during, and after the election. Reporters tried to see past their often liberal political orientations and the unprecedented actions of Donald Trump to see how 2016 was playing out on the internet. Every component of the chaotic digital campaign has been reported on, here at The Atlantic, and elsewhere: Facebook’s enormous distribution power for political information, rapacious partisanship reinforced by distinct media information spheres, the increasing scourge of “viral” hoaxes and other kinds of misinformation that could propagate through those networks, and the Russian information ops agency. But no one delivered the synthesis that could have tied together all these disparate threads. It’s not that this hypothetical perfect story would have changed the outcome of the election. The real problem—for all political stripes—is understanding the set of conditions that led to Trump’s victory. The informational underpinnings of democracy have eroded, and no one has explained precisely how.
benton.org/headlines/what-facebook-did-american-democracy | Atlantic, The
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SECURITY/PRIVACY

SUPREME COURT TO CONSIDER MAJOR DIGITAL PRIVACY CASE ON MICROSOFT E-MAIL STORAGE
[SOURCE: Washington Post, AUTHOR: Robert Barnes]
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.”
benton.org/headlines/supreme-court-consider-major-digital-privacy-case-microsoft-e-mail-storage | Washington Post | Broadcasting&Cable | USAToday
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EVERY MODERN, PROTECTED WI-FI NETWORK IS VULNERABLE
[SOURCE: Washington Post, AUTHOR: Hamza Shaban]
A top federal government cybersecurity watchdog issued an advisory on Oct 16, warning users to update their devices to protect against a newly discovered vulnerability that affects nearly every modern, protected Wi-Fi network. The US Computer Emergency Readiness Team's announcement comes after a security expert at the University of Leuven in Belgium published findings that showed that a widely used encryption system for wireless networks could give attackers an opening to steal sensitive information such as e-mails, chat histories and credit card numbers. The exploit would allow hackers to eavesdrop on Internet traffic between computers and wireless access points. The findings are significant because of the wide range of devices that could be affected. "The attack works against all modern protected Wi-Fi networks,” Mathy Vanhoef said on a website he created to share his research. “Depending on the network configuration, it is also possible to inject and manipulate data. For example, an attacker might be able to inject ransomware or other malware into websites.”
benton.org/headlines/every-modern-protected-wi-fi-network-vulnerable-warns-government-cyber-watchdog | Washington Post | DHS warning
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ACCESSIBILITY

PAI REMARKS AT DISABILITY ADVISORY CMTE MEETING
[SOURCE: Federal Communications Commission, AUTHOR: FCC Chairman Ajit Pai]
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.
benton.org/headlines/remarks-fcc-chairman-ajit-pai-disability-advisory-committee-meeting | Federal Communications Commission
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WIRELESS/SPECTRUM

LAWMAKERS PUSH PAI TO HOLD TV STATION REPACK TIMELINE
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
A letter from almost five dozen members of Congress, including from both parties, calls on Federal Communications Commission Chairman Ajit Pai not to move off the FCC's current timeline for repacking TV stations after the incentive auction and freeing up spectrum for wireless broadband. "We write to urge you to ensure the 600 MHz spectrum...is cleared no later than July 3, 2020, as currently scheduled" they wrote Oct 16. They said clearing the band of broadcasters as quickly as possible was a critical component of deploying high-speed broadband, including to rural areas, a particular concern of the FCC's, as well as many of the letter signatories, including Rep Anna Eshoo (D-CA). They said freeing up that spectrum and connecting homes across the country to broadband is not just about jobs or economic growth, but is a necessity in a connected world. They praised Pai's work to date to boost broadband deployment in underserved communities and said they supported a "robust" waiver process for stations who need flexibility in making their channel moves, and want stakeholders to work together to find creative solutions. But the bottom line is: Wrap it up by that 2020 date.
benton.org/headlines/congressional-lawmakers-push-chairman-pai-hold-tv-station-repack-timeline | Broadcasting&Cable
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INITIAL ALLOCATION OF BROADCAST REIMBURSEMENT FUNDS ANNOUNCED
[SOURCE: Federal Communications Commission, AUTHOR: Public notice]
The Incentive Auction Task Force and the Media Bureau announce the issuance of an initial allocation of the TV Broadcaster Relocation Fund in the total amount of $1 billion to begin to reimburse eligible full power and Class A broadcasters and multichannel video programming distributors (MVPDs), for expenses related to the construction of station facilities on reassigned channels. The Bureau will continue to monitor closely the draw-down of Fund amounts and allocate additional amounts later in the transition period.
benton.org/headlines/initial-allocation-broadcast-reimbursement-funds-announced | Federal Communications Commission | Broadcasting&Cable
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SMALL CELL BILL VETOED IN CA
[SOURCE: Fierce, AUTHOR: Colin Gibbs]
Gov Jerry Brown (D-CA) vetoed a bill that would have streamlined policies for small-cell deployments, handing CTIA - The Wireless Association and major wireless carriers a significant defeat in the nation’s most populous state. The bill, SB 649, essentially would have given wireless companies the same rights as public utilities. It would have enabled carriers and infrastructure vendors to place transmitters in public rights-of-way and capped fees cities could charge to install their devices. The bill had become a top priority for CTIA, which claimed it would boost California’s economy and pave the way for faster network speeds, better coverage and increased capacity. But it was opposed by some 300 California cities, dozens of counties more than 100 local organizations. “There is something of real value in having a process that results in extending this innovative technology rapidly and efficiently,” Gov Brown said. “Nevertheless, I believe that the interest which localities have in managing rights of way requires a more balanced solution than the one achieved in this bill.”
benton.org/headlines/wireless-carriers-suffer-major-blow-small-cell-bill-vetoed-california | Fierce
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OWNESRHIP

T-MOBILE AND SPRINT MERGER
[SOURCE: Washington Post, AUTHOR: Brian Fung]
In 2014, Sprint tried to buy T-Mobile in a deal that ultimately fell apart under scrutiny by the Justice Department and the Federal Communications Commission. Regulators at the time concluded that having four major competitors in the cellular space, not three, would do the most to preserve competition and help consumers. Analysts say that a new agreement between the two companies would likely hand the reins to T-Mobile, which overtook Sprint in 2015 as the nation's third-biggest carrier. Given that T-Mobile was behind the push for many of the industry changes we've seen in recent years, it's possible that T-Mobile could do a lot with Sprint if it led the company. But many of the underlying issues — such as what happens to competition in a world of three national providers — remain. As recently as last week, staff members at the Justice Department were said to be skeptical of a Sprint/T-Mobile deal. One argument you can expect to hear, analysts say, is that building out the next generation of wireless data — known as "5G” — will be fairly expensive and that it would be cheaper for everyone involved if T-Mobile and Sprint could join forces and build a single 5G network rather than build two of them separately. Another argument you might hear is that Sprint, whose business is weakening, simply can't survive alone and that by teaming up with T-Mobile, the combined company could more effectively compete with AT&T and Verizon.
benton.org/headlines/t-mobile-and-sprint-may-be-getting-close-merger-heres-what-you-need-know | Washington Post
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STORIES FROM ABROAD

CHINA’S INTERNET
[SOURCE: New York Times, AUTHOR: Steven Lee Myers, Sui-Lee Wee]
For years, the United States and others saw China’s heavy-handed censorship as a sign of political vulnerability and a barrier to China’s economic development. But as countries in the West discuss potential internet restrictions and wring their hands over fake news, hacking and foreign meddling, some in China see a powerful affirmation of the country’s vision for the internet. Few would argue that China’s internet control serves as a model for democratic societies. China squelches online dissent and imprisons many of those who practice it. It blocks foreign news and information, including the website of The New York Times, and promotes homegrown technology companies while banning global services like Facebook and Twitter. At the same time, China anticipated many of the questions now flummoxing governments from the United States to Germany to Indonesia. Where the Russians have turned the internet into a political weapon, China has used it as a shield. In fact, when it comes to technology, China has prospered. It has a booming technology culture. Its internet companies rival Facebook and Amazon in heft. To other countries, China may offer an enticing top-down model that suggests that technology can thrive even under the government’s thumb.
benton.org/headlines/us-confronts-internets-disruptions-china-feels-vindicated | New York Times
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