Op-Ed

Tech Companies Policing the Web Will Do More Harm Than Good

[Commentary] Legislation or regulations requiring companies to remove content pose a range of risks, including potentially legitimizing repressive measures from authoritarian regimes. Hate speech, political propaganda, and extremist content are subjective, and interpretations vary widely among different governments. Relying on governments to create and enforce regulations online affords them the opportunity to define these terms as they see fit. Placing the power in the hands of governments also increases the likelihood that authoritarian regimes that lack Germany's liberal democratic tradition will criminalize online content critical of those governments and, ultimately, create another mechanism for oppressing their own citizens.

Instead of government intervention, civil society should recognize and build upon the efforts of platforms that address these issues, while also pressing companies to step up to do even more.

[Tara Wadhwa is the associate director of the NYU Stern Center for Business and Human Rights. Gabriel Ng is a fellow at the Center]

Rep John Delaney (D-MD): Why I’m running for president

[Commentary] The American people are far greater than the sum of our political parties. It is time for us to rise above our broken politics and renew the spirit that enabled us to achieve the seemingly impossible. This is why I am running for the Democratic nomination for president of the United States.

Our government is hamstrung by excessive partisanship. We are letting critical opportunities to improve the country pass us by. And we are not even talking about the most important thing: the future. The victims of this leadership failure are the good people we are sworn to serve, and we are leaving our country ill-prepared for dramatic changes ahead. The current administration is making us less prosperous and less secure. I’m running because I have an original approach to governing and economic policy that can put us on a different course.

Avoiding the Pitfalls of Net Uniformity: Zero Rating and Nondiscrimination

[Commentary] The current network neutrality regulations set forth in the 2015 Open Internet Order (2015 OIO) prohibit Internet service providers (ISPs) from blocking or throttling lawful content or engaging in paid prioritization of Internet traffic. These three “bright line rules” cover a wide swath of ISP practices and are intended to promote competition and ensure quality service transmission for content providers and end users. At the same time, however, they fail to consider more nuanced issues that complicate achieving these outcomes.

Christopher Yoo, Professor of Law, Communication, and Computer and Information Science at the University of Pennsylvania Law School, and founding director of the Center for Technology, Innovation, and Competition, makes the case for one such issue in his recent work, “.” This post is the sixth in a series featuring the contents of a recent special issue of the Review of Industrial Organization, organized by the Technology Policy Institute and the University of Pennsylvania’s Center for Technology, Innovation, and Competition. Yoo argues that, contrary to the FCC’s claim in the Order, practices like zero rating can stimulate competition among infrastructure providers and edge services. He contends that zero rating should not be prohibited but rather handled on a case-by-case basis. He supports these claims with economic theory, competition theory, and a number of case studies featuring zero rating.

[Romzek is a 2017 Google Policy Fellow and Research Associate at the Technology Policy Institute. Wallsten is President and Senior Fellow at TPI]

Microsoft is Hustling Us with "White Spaces"

[Commentary] Microsoft recently made a Very Serious Announcement about deploying unused television airwaves to solve the digital divide in America. News outlets ate it up. Here's what's really going on: Microsoft is aiming to be the soup-to-nuts provider of Internet of Things devices, software, and consulting services to zillions of local and national governments around the world.

Microsoft doesn't want to have to rely on existing mobile data carriers to execute those plans. Why? Because the carriers will want a pound of flesh—a percentage—in exchange for shipping data generated by Microsoft devices from Point A to Point B. These costs can become very substantial over zillions of devices in zillions of cities. The carriers have power because, in many places, they are the only ones allowed to use airwave frequencies—spectrum—under licenses from local governments for which they have paid hundreds of millions of dollars. To eliminate that bottleneck, it will be good to have
unlicensed spectrum available everywhere, and cheap chipsets and devices available that can opportunistically take advantage of that spectrum.

[Susan Crawford is the John A. Reilly Clinical Professor of Law at Harvard Law School.]

Trump is at war with the press — and it’s time for the press to stop helping him

[Commentary] For more than a year now, Donald Trump — first as a candidate, then as president — has made a war against the press a central plank of his public persona. He has singled out individual journalists for ad hominem attacks and declared entire news organizations to be working against America’s interests.

The lack of trust that now exists between the press and the public didn’t start with Trump, though he certainly has done his part to exacerbate it. It has been building slowly for decades, to the point that the conversation between the media and its readers is broken. Many Americans no longer think the press listens to or understands them, and they long ago started tuning us out. We became part of the establishment that had turned its back on them. These are our failings, and they need to be fixed. Reporters should be focused on the president’s team and his policies, examining his remaking of American government. These are the stories that resonate with Americans, not his views about what’s airing on MSNBC or CNN some Monday morning. We are already seeing some excellent reporting in this vein. We need more.

[Kyle Pope is editor and publisher of the Columbia Journalism Review.]

We tested apps for children. Half failed to protect their data.

[Commentary] More than 50 percent of Google Play apps targeted at children under 13—we examined more than 5,000 of the most popular (many of which have been downloaded millions of times)—appear to be failing to protect data. In fact, the apps we examined appear to regularly send potentially sensitive information—including device serial numbers, which are often paired with location data, email addresses, and other personally identifiable information—to third-party advertisers. Over 90 percent of these cases involve apps transmitting identifiers that cannot be changed or deleted, like hardware serial numbers—thereby enabling long-term tracking.

We suspect that most of the developers whose apps fail to protect data do not have nefarious intent, but rather fail to configure their software properly or neglect to scrutinize practices of the third-party advertisers they rely upon to generate revenue. When building an app, developers import ready-to-use code from many different third-parties, including advertising companies. While this code “reuse” results in time savings and fewer errors, app developers likely do not realize that they are liable for all code included in their apps, regardless of whether or not they were the ones who wrote it.

[Serge Egelman is research director of the Usable Security & Privacy group at the International Computer Science Institute and an affiliated researcher at the University of California, Berkeley Center for Long-Term Cybersecurity]

Democrats say they want to go after monopoly power. Here’s why that’s a great idea.

[Commentary] The part of the Democrats’ Better Deal plan that I find most interesting is the piece that would push back on monopolistic corporate power. The broad outlines of the plan are to:

  • Prevent big mergers that would harm consumers, workers, and competition.
  • Require regulators to review mergers after completion to ensure they continue to promote competition.
  • Create a 21st century ‘Trust Buster’ to stop abusive corporate conduct and the exploitation of market power where it already exists.

If Democrats truly get back to trustbusting, they will be making a powerful, progressive statement about what and for whom they really stand.
[Jared Bernstein, a former chief economist to Vice President Biden, is a senior fellow at the Center on Budget and Policy Priorities]

Op-ed: Congress should pass a strong net neutrality law

[Commentary] Minority-owned small businesses need two things to compete and thrive in an economy that is dominated more and more each year by global megafirms: a level playing field where everyone plays by the same rules of the road and stable and certain regulations that maximize their ability to invest and grow. This is true in the brick and mortar business world and even more so in the increasingly vital digital world, where a handful of dominant tech giants can use monopoly control over gateway services like search and social media and their ability to mine and exploit massive troughs of consumer data to choke off competition. That’s why the Federal Communications Commission’s plan to reform the internet regulations known as “net neutrality” is so important.

Americans deserve a permanent, stable and evenhanded net neutrality law that protects our data and fair competition online. That is something that can only be accomplished by Congress, where bipartisan support clearly exists to make net neutrality the law of the land. A law would put net neutrality beyond politics, eliminate the need to rely on legal contortions like Title II, and boost fair competition and equal opportunity everywhere online.

[Harry C. Alford is president and CEO of the National Black Chamber of Commerce.]

A people-owned internet exists. Here is what it looks like

[Commentary] Although the fight for an open internet tends to have Silicon Valley tech bros at the forefront, it’s a racial justice issue; arbitrary powers for corporations tend not to help marginalized populations. It’s a rural justice issue, too.

The big service providers pushing the deregulation spree are the same companies that have so far refused to bring broadband to less-dense areas. They are holding under-served communities hostage by proposing a deal: roll back rights to private, open media, and we’ll give you cheaper internet. Trump’s Republican party is taking the bait. Up in the mountains west of me, a decade and a half ago, the commercial internet service providers weren’t bringing high-speed connectivity to residents, so a group of neighbors banded together and created their own internet cooperative. Big providers love making their jobs sound so complicated that nobody else could do it, but these people set up their own wireless network, and they still maintain it. Of course, their service remains pretty rudimentary; the same can’t be said of Longmont (CO), city 20 minutes from where I live in the opposite direction. There, the city-owned NextLight fiber network provides some of the fastest connectivity in the country for a reasonable price. In Longmont, all the surveillance and anti-neutrality stuff simply isn’t relevant.

Whatever happens in Washington, we can start building an internet that respects our rights on the local level. What would be the best route for creating community broadband in your community?

[Nathan Schneider teaches media studies at the University of Colorado Boulder]

The clock may have just run out on the White House press corps

[Commentary] When I was White House communications director for President Barack Obama I would warn the White House press corps that they were living on borrowed time. In a digital age, with the proliferation of communication platforms, the media was eventually going to need a better answer for why 50 or so reporters deserved daily access to the White House — access not available to other outlets and the general public. Now, the clock has run out. The ultimate disrupter, in the form of President Donald Trump, is seeking to change nearly every rule that presidents and the reporters who cover them have lived by. To lose this give and take — either by refusing to turn on the cameras or by putting a showman at the podium — would be a significant blow to an accountable democracy.

[Jennifer Palmieri served as White House communications director from 2013 to 2015 and was communications director for Hillary Clinton’s 2016 presidential campaign]

The Internet Ripoff You're Not Protesting

[Commentary] All of this network neutrality action involves just the very last part of the communications grid in the US — the “last mile,” or the part of the network that actually touches consumers. Former Federal Communications Commission Chairman Tom Wheeler pushed through the relabeling of the “last mile” as a regulable service. That utility label needs to be retained, as I’ve often argued.

But there’s an even bigger and possibly more insidious policy in the works that will result in far greater woes for consumers. It involves the not terribly well-understood part of the system called the “middle mile.” As with the last mile, the new administration wants to avoid enforcing any legal protections. And it‘s doing this in a manner that just happens to benefit the powerful forces that take citizens’ money while denying them the best services.

[Susan Crawford is the John A. Reilly Clinical Professor of Law at Harvard Law School and a Professor at the Benjamin N. Cardozo School of Law.]

How net-neutrality advocates would let President Trump control the Internet

[Commentary] Recently, millions of Americans, mainly on the left, rallied behind a cause larger than themselves: maximizing President Donald Trump’s power over the Internet. Wait. What?

Powers invoked for net neutrality could be a Trojan horse — just as the Electronic Frontier Foundation warned about the Republican-controlled Federal Communications Commission’s power grab in 2008. The current FCC Chairman, Ajit Pai, has long criticized the FCC’s abuses of power. He has consistently opposed the politicization of the agency and called for the FCC to constrain its discretion. But Pai won’t be chairman forever, and his self-restraint is highly exceptional. Democrats should have worked out a legislative deal while they held the White House. It’s not too late, but it soon might be. Republicans increasingly see Web companies as political enemies. That will only get worse without legislation. We could spend another decade, or more, fighting about this. The good news? Some Democrats and Web companies are showing signs they might negotiate. The door remains open — for now.

[Berin Szoka is president of TechFreedom, a technology policy think tank.]

Net Neutrality Or Continued Innovation? Can't We Have Both?

[Commentary] The General Conduct standard and the advisory opinion process ended what Mercatus Center scholar Adam Thierer has described as the “permissionless innovation” standard that has governed the Internet ecosystem since at least 1996, when Congress passed a law declaring the policy of the US to leave the Internet “unfettered by Federal or State regulation.” The Federal Communications Commission’s wide-ranging, 400-page order instead opted for precisely the opposite, demanding that Internet service providers and their immediate business partners apply for permission for any improvement to the network—permission that wasn’t permission at all, and which might never actually arrive. These needless and dangerous innovation-killers, in addition to the other legal and economic problems caused by the hastily-crafted 2015 Open Internet order, justify FCC Chairman Ajit Pai’s proposal to reverse course and return ISPs to full participation in the Internet ecosystem, where they operated without violating even a strict definition of “net neutrality” for twenty years.

Neutrality was never seriously at risk, nor is it now. But if it is, legislation proposed by Republicans before the FCC swallowed the bitter public utility bill remains the only viable solution, if only to avoid another decade of see-sawing decisions. Chairman Pai is right to be undoing the damage done as quickly as possible.

[Larry Downes is the Project Director at Georgetown Center for Business and Public Policy.]

Program for rural internet in schools, libraries in jeopardy

[Commentary] The federal E-rate program plays a critical role in allowing Kansas kids to harness the power of technology in schools and libraries. Current Federal Communications Commission Chairman Ajit Pai has voiced support for the program as a commissioner, repeatedly calling it a “program worth fighting for” and saying it has the potential to “help millions of children in America benefit from digital learning.” Of course, we agree with him on those points. However, since then, Chairman Pai has curiously refused to commit to protecting the program; retracted a progress report demonstrating E-rate’s success following its modernization; and expressed a desire to alter funding for the program in a way that would leave countless kids behind.

With Chairman Pai scheduled to testify to the Senate Commerce Committee, Sen Jerry Moran (R-KS) has an important opportunity to stand up for kids in Kansas and throughout the country. School districts like Garden City, which received $492,000 in funding in 2016 to expand access to high speed internet services thanks to E-Rate funding. We respectfully urge Sen Moran to stand up for our nation’s schools on July 19.

[James Steyer is CEO and founder of Commons Sense Kids Action]

California legislation to ‘protect’ privacy won’t solve privacy problems

[Commentary] Despite its name, the California Broadband Internet Privacy Act, awaiting votes in the state Senate, won’t do anything meaningful to protect consumer privacy on line. Instead, it will curb innovation and reduce competition, hurting consumers whose interests it purports to protect.

The measure, AB 375 by Assemblyman Ed Chau (D-Monterey Park), is intended to crack down on internet service providers that are allegedly selling sensitive personal web browsing information without consumers’ consent. Its backers argue that it will fill a supposed “privacy gap” left when Congress repealed Federal Communications Commission draft rules adopted during Barack Obama’s administration. Here’s why they’re wrong. First, the proposal attacks a nonexistent problem. Internet service providers have committed that they will seek permission from consumers before using sensitive personal information, such as health and financial data. Customers will have to affirmatively “opt in” before any such transaction could take place. So no one’s personal data is being sold. Second, even if a problem exists, there are legal tools to combat it. In short, there is no legislative privacy gap. Third, the state bill is based on a flawed proposal by the FCC. Don’t take my word for it. Ask America’s top privacy cop, the FTC.

[Jon Leibowitz, a partner at Davis Polk & Wardwell, was Federal Trade Commission chair from 2009-2013. He is co-chair of the 21st Century Privacy Coalition, a trade group of broadband providers.]

Why were Facebook, Google, and Amazon so quiet about net neutrality?

[Commentary] In the weeks leading up to July 12's day of protest over network neutrality in the US, big tech names signed on to join the fight to keep it. Among them were some of the biggest names on the internet, including Amazon, Google, and Facebook, all of which have a vested business interest in all Americans being able to access their sites quickly and frequently. But those sites did not go dark July 12. They didn’t slow down in an effort to mimic what life might be like for some were net neutrality to end.

Instead, they mostly pointed users to other, pro-net neutrality pages. Ultimately, the fight over net neutrality is about who controls the internet: users or major corporations. In that regard, there is only a degree of difference between the 20th century giants of the telecommunications sector and the those of 21st century Silicon Valley. It’s not too difficult a leap to make from wondering why your online access shouldn’t be free from walls erected by your cable company, to wondering equally why your online access shouldn’t also be free from limitations created by a social media platform, search engine, or e-commerce behemoth.

Delivering Better Services to the US People

[Commentary] I am excited to embark on the most rewarding work of my career at The United States Digital Service. The USDS is a startup at The White House, using design and technology to deliver better services to the American people. My first project will be helping to untangle, simplify and successfully deliver an improved user experience for veterans on Vets.gov.

“The Vets.gov team is creating a single place for veterans to discover, apply for, track, and manage their benefits online. We are designing with users every step of the way, collaborating with dedicated civil servants, and building the most heavily used and needed services first. As functionality expands and traffic grows, we aim to deliver the best digital experience possible to those who have served our country."

[Randall Weidburg previously worked at Groupon]

Net neutrality: What the economics says

[Commentary] Recently a small group of economists (I was one) summarized the economic research on network neutrality and Title II. Limiting ourselves to economics articles in the top 300 journals and that used explicit economic models, we reviewed the answers to four basic questions:

  • How would regulations restricting ISPs from offering enhanced network features, such as fast lanes, to content providers affect (a) total welfare, (b) network investment, and (c) the variety of content on the internet and content provider investment? (Note: “Total welfare” is value that consumers receive from what they purchase minus the cost of providing the products.)
  • How would prohibitions on network termination fees affect total welfare?
  • How would prohibiting ISPs from blocking content affect total welfare?
  • Are ISPs like the telecom companies for which Congress wrote Title II?

Here is what we found, but in my own words. 1) The effects of restricting enhanced network features on welfare, ISP investment, and content depend on market conditions. 2) It appears that termination fees could be harmful when ISPs compete for providing access to content providers and an ISP would charge content providers that do not directly connect with the ISP. Otherwise, termination fees are helpful. 3) Blocking is harmful. 4) Economic research today supports the idea that internet services are quite important but has not found that ISPs have the monopoly power contemplated when Title II was created.

It’s our last chance to choose information independence over special interests

[Commentary] Americans’ information independence is under attack, whether it’s the repeal of network neutrality or the repeal of broadband privacy protections. The Federal Communications Commission needs to listen and serve the American people, not special interests. I am committed to protecting both your privacy and the internet as we know it. A free and open internet is essential to our democracy, economy and modern way of life.

Washington, Network Neutrality and a Potential Resolution

[Commentary] I support network neutrality and the rules as the Obama Federal Communications Commission Democratic majority promulgated. But I recognize that there may be benefits to consumers, particularly low-income consumers and the public interest that might warrant exemptions to strict network neutrality rules. We would all be better off if Congress could agree on what those rules and exceptions should look like, but repealing Title II protections will not help us get there.

Much like you have seen the FCC privacy rules replaced with nothing, having polarized the parties, and made deliberation toward compromise more difficult, the repeal of Title II rules will do the same thing....Repealing network neutrality protections without replacing them with something that has bipartisan support at the same time will poison the environment for potential philosophical resolution and compromise to the detriment of network operators, internet innovators and consumers alike.

[Daniel Sepulveda served as ambassador, deputy assistant secretary, and coordinator for communications and information policy at the State Department from 2013 through Jan. 20, 2017]

Journalists must enlighten, not just inform, in a world darkened by Trump

[Commentary] The Donald Trump presidency, dominated by images of decline and threat, “American carnage” and bad, bad people, has presented any number of challenges to the US press, whose instinct, after all, is to go dark itself. But President Trump has taken that impulse and supercharged it, creating yet another conundrum for reporters tasked with making sense of where we are: Is it possible, in this age, to be too bleak? Is the unremitting negativity of the news itself part of Trump’s approach to destabilizing the news business? Has this negativity in fact helped to facilitate Trump’s rise to power? Is it possible, or even plausible, to modulate the negativity in some way? New outlets should be the breeding ground, not of the type of alarming stories that create a yearning for a strong political hand, but of the knowledge of human imperfection and a way through or around it that puts a modest heroism within reach of the everyday reader.

[Lee Siegel is a New York City writer and cultural critic]

The People Speak

The people’s verdict is in. A slew of recent polls make clear that most Americans, nearly 80%, support keeping the network neutrality rules that are the foundation of an open internet. These are the rules passed by the Federal Communications Commission in 2015, under the leadership of then-chairman Tom Wheeler, that keep the big Internet Service Providers (ISPs) like Comcast, AT&T, and Verizon from determining your internet experience, because they’d rather do that themselves than let you do it. Net neutrality rules prohibit blocking or throttling content. And they keep ISPs from favoring their affiliates, corporate friends, and those who can afford sky-high broadband prices with fast lanes on the net, while the rest of us are told to travel in the slow lane.

Rate Regulation By Any Other Name

[Commentary] At bottom, network neutrality is nothing more than good old-fashioned rate regulation. Accordingly, if you are going to impose rate regulation, then Title II prescribes certain rules you must adhere to in order to ensure that the regulated firms’ Fifth Amendment due process rights are not violated....At stake...is whether an administrative agency should be permitted to re-write the law—especially when it does so simply to fit a political agenda. According to the D.C. Circuit in United States Telecom v. FCC, the answer appears to be “yes.” Citing the Supreme Court’s seminal case in Brand X, the D.C. Circuit found in USTelecom that the FCC had wide—nearly unbounded—latitude to interpret the Communications Act and not only upheld the agency’s decision to reclassify but also upheld the agency’s ability to “tailor” how it chose to implement Title II. In so doing, the D.C. Circuit—rather by design or by omission—has taken Chevron deference to the extreme.

USTelecom has greatly expanded the commission’s authority to set the rates, terms and conditions of private actors well beyond its statutory mandate. Accordingly, the statutory construct of “Title II” now has no meaning; it is some bizarre legal hybrid that the FCC has made up and the D.C. Circuit has sanctioned. For those who care deeply about due process and the rule of law, the precedent set by the D.C. Circuit in USTelecom is deeply troubling and is a case that we will likely have to deal with its aftermath for years to come.

[Lawrence J. Spiwak is president of the Phoenix Center for Advanced Legal & Economic Public Policy Studies.]

The net neutrality fight is also about protecting your privacy online

[Commentary] If there's anything lawmakers should have learned from activists over the past few years it's this: Do not make the internet angry.

In March, congressional Republicans once again felt the wrath of the internet community when they reversed the Federal Communications Commission’s broadband privacy rules. The blowback from the vote was massive, prompting members of Congress to hide from angry constituents. Now President Donald Trump and FCC Chairman Ajit Pai are digging even deeper and looking to overturn the historic 2015 Net Neutrality win. If they think the internet is going to take that sitting down, they have another think coming. The internet community and allied companies come together to remind President Trump, Chairman Pai and Congress that millions of people in America have made their support for net neutrality known. They know that the repeal of net neutrality means the end of real privacy protections, means paying more for worse service — and enables companies like AT&T, Comcast and Verizon to decide how you use the internet.

[Sandra Fulton is the government relations manager for Free Press Action Fund]