Reporting

FCC Chairman Pai’s Response to FCC Security Guard Inquiry

Federal Communications Commission Chairman Ajit Pai noted that the FCC was on high security alert at its May meeting following a number of death threats that were made toward some of its members, as part of a letter responding to an inquiry made by Sens. Tom Udall (D-NM) and Maggie Hassan (D-NH) about the alleged ‘manhandling’ of CQ Roll Call reporter John Donnelly.

“When Commissioner O’Rielly passed by, [a] security officer stepped back and backed into Mr. Donnelly. This physical contact was inadvertent,” Chairman Pai writes. “Nevertheless, it should not have occurred, the Commission has apologized for it, and as noted herein, we are taking corrective action.” He also said that security guards at the FCC have been instructed not to physically engage anyone at an open meeting “unless they are purposefully disrupting the meeting or they pose a threat to the safety of FCC employees.” “It is understandable that security was high at the FCC hearing on May 18. But I'm extremely concerned that the FCC security wasn't able to better balance the need to ensure access and safety,” writes Sen Udall, in response to the letter, adding that he remains broadly concerned about a pattern of hostility toward journalists which he has observed from the Trump Administration.

President Trump Picks Christopher Wray to Be FBI Director

President Donald Trump said that he had selected the former federal prosecutor Christopher Wray, now a Washington (DC)-based criminal defense lawyer who recently represented Gov Chris Christie (R-NJ) in the so-called Bridgegate scandal, to be his new FBI director. The president revealed his decision in a morning tweet. His announcement came a day before the former FBI director James B. Comey was to testify about President Trump’s attempts to get him to end the bureau’s investigation into his former national security adviser’s contacts with Russia.

Wray is a safe, mainstream pick from a president who at one point was considering politicians for a job that has historically been kept outside of politics. Wray, a former assistant attorney general overseeing the criminal division under President George W. Bush, is likely to allay the fears of FBI agents who worried that President Trump would try to weaken or politicize the FBI. Wray, two administration officials said, is a hybrid pick for President Trump: He is a seasoned criminal lawyer who bonded with Christie when both were young attorneys in the Justice Department, and a highly regarded criminal defense lawyer who represented Christie in the aftermath of the scandal over traffic jams that rocked his governorship.

Top intelligence official told associates President Trump asked him if he could intervene with Comey on FBI Russia probe

The nation’s top intelligence official told associates in March that President Donald Trump asked him if he could intervene with then-FBI Director James B. Comey to get the bureau to back off its focus on former national security adviser Michael Flynn in its Russia probe, according to officials. On March 22, less than a week after being confirmed by the Senate, Director of National Intelligence Daniel Coats attended a briefing at the White House together with officials from several government agencies. As the briefing was wrapping up, President Trump asked everyone to leave the room except for Coats and CIA Director Mike Pompeo. The president then started complaining about the FBI investigation and Comey’s handling of it, said officials familiar with the account Coats gave to associates.

Two days earlier, Comey had confirmed in a congressional hearing that the bureau was probing whether President Trump’s campaign coordinated with Russia during the 2016 race. After the encounter, Coats discussed the conversation with other officials and decided that intervening with Comey as President Trump had suggested would be inappropriate, according to officials who spoke on condition of anonymity to discuss sensitive internal matters. The events involving Coats show the president went further than just asking intelligence officials to deny publicly the existence of any evidence showing collusion during the 2016 election. The interaction with Coats indicates that President Trump aimed to enlist top officials to have Comey curtail the bureau’s probe.

In Political Media First, President Trump Releases Comey Attack Ad

In what appears to be a political media first, a Super Pac controlled by President Donald Trump has released an ad attacking the character of a witness in advance of a highly anticipated Senate hearing. The ad, entitled “Showboat,” was released June 6 by President Trump’s Great America Alliance and attacks the character of former FBI Director James Comey, who is scheduled to speak publicly June 8 during a Senate hearing. The spot, which will air on national TV outlets during the hearing, reportedly has a $400,000 media budget. Citing alt right news reports such as Breitbart News, American Spectator and AlternNet, the campaign attacks Comey as putting “politics over protecting America” and concludes with the tagline: “Just another DC insider in it for himself.”

Facebook’s Role in European Elections Under Scrutiny

Facebook provides little information on how political parties use ads to reach undecided voters on the site. And concern has been growing since the American presidential election about the company’s role in campaigns, including about how politically charged fake news is spread online. Now, as voters head to the polls across Europe, groups in Britain, Germany and elsewhere are fighting back, creating new ways to track and monitor digital political ads and misinformation on the social network and on other digital services like Twitter and Google.

In a Fake Fact Era, Schools Teach the ABCs of News Literacy

"Fake news is nothing new, and its impact on the national conversation is nothing new, but public awareness is very high right now,” says Peter Adams, who leads educational initiatives for News Literacy Project. Now, Checkology is being used by some 6,300 public and private school teachers serving 947,000 students in all 50 states and 52 countries. Norwood began using the program in March following one of the most frenetic elections in American history. The platform offers lessons on the First Amendment, the difference between branded content and news, and how to distinguish between viral rumors—political and otherwise—and reported facts. Teachers help the kids understand sourcing, bias, transparency, and journalistic ethics.

Chairman Blackburn desperately seeks Democrat to co-sponsor internet privacy bill

House Communications Subcommittee Chairman Marsha Blackburn (R-TN) is asking Democratic Reps to cosponsor her new internet privacy bill, intended to replace Federal Communications Commission privacy protections that Republicans killed earlier in 2017. Chairman Blackburn’s office sent an e-mail June 6 to all House Democrats asking them to sign on to the new bill, and arguing that it would strengthen existing privacy protections. “Rep Blackburn is a former co-chair of the bi-partisan Congressional Privacy Working group,” the e-mail reads. “Moreover, she has not been accepting additional Republican co-sponsors while in the midst of taking stakeholder meetings and beginning outreach to Democrats.”

Chairman Blackburn’s new bill, called the Browser Act, would subject service providers and web services alike to the same rules, requiring both to get customers’ explicit consent before handing over “sensitive” information, such as financial and health data, browsing history, geo-location tracking, to third parties.

Trump Administration Follows Obama Template In Targeting Journalists’ Sources

The announcement of charges June 5 against a federal contractor for allegedly leaking a top secret National Security Agency document to a news website is giving journalists flashbacks to leaker prosecutions under President Barack Obama. The charges, tweeted New York Times reporter Scott Shane, followed “the precedent of Obama, whose administration set the record for leak prosecutions.” Adam Goldman, a Times colleague who had his phone records secretly seized during a 2012 leak investigation, asked whether President Donald Trump would top the number of leak prosecutions set during the previous administration.

The US government’s patent chief has resigned

Apparently, the leader of the US government’s leading patent agency, Michelle Lee, has unexpectedly resigned from her post. Lee, a former lawyer for Google, took over the US Patent and Trademark Office during the Obama Administration, and many in the tech industry — which publicly supported her work — believed that President Donald Trump would renominate her to the critical government post. But Lee instead informed the Commerce Department that she would be stepping down from the position.

It is unclear if Lee is leaving government entirely or headed to another position. Still, it could amount to a major blow for the tech industry. In April, a series of companies and their lobbying organizations — including Amazon, Facebook, Google, Samsung and others — publicly defended Lee’s tenure and asked President Trump to renominate her for the agency.

Improving the Practice of Public Policy

[Commentary] Public policy is so frenetic nowadays that it is hard to focus beyond the latest proposal or… tweet. But talking strategically was my assignment as a plenary speaker at the recent Partnership for Progress on the Digital Divide (PPDD) conference in San Diego. Admittedly, I appreciated the challenge to think about effective public policy development, the bigger picture and the long term—perspectives that have become scarce here in Washington. An examination of public policy addressing the digital divide is especially timely as it expands in new dimensions. In particular, advancing economic opportunity, such as enabled through the sharing economy and entrepreneurship, depends on the ability to integrate and leverage digital tools and services with the physical world—and ameliorating this digital divide is a major new focus here at the American Library Association.
[Alan S. Inouye leads technology policy for the American Library Association.]

5 Unanswered Questions Raised By The Leaked NSA Hacking Report

Here are 5 other questions that remain unknown about this story and the ongoing threat that national security officials say Russia poses to the integrity of American elections.
1. How widespread are these attacks?
2. Can the federal government do more?
3. Why do these leaks keep happening?
4. Why can't the US stop these cyberattacks?
5. Will this change Trump's tune?

FCC Closes Docket on 'Spectrumless' Station Sale

The Federal Communications Commission has closed the docket on the proposed sale of the post-auction assets of Hero Licenseco's KBEH Oxnard (CA) to KWHY-22 Broadcasting, Los Angeles (CA) accepting the withdrawal of the license transfer application by the parties. Hero had proposed to sell its license and must-carry rights after also submitting the winning bid to sell the spectrum of KBEH in the broadcast incentive auction.

The FCC opened a docket on the sale, asking for comment on that first-of-its-kind proposal to sell the license of a station that no longer had spectrum—the FCC had allowed such auction winners to retain their license and must-carry rights, which the stations signaled they planned to use by sharing spectrum with another station and so staying on the air, though the FCC did not mandate they do so even after signaling that was their intention. KBEH struck such a sharing deal with KWHY, which remains the case, apparently, after the sale was called off.

WOW!: We’ll Stay Cap Free

Competitive cable operator WOW! reaffirmed a commitment not to implement data caps and usage-based policies for all of its high-speed Internet customers, holding that it’s taking the “consumer side” in that debate. WOW! said the promise of no data caps comes amid recently updated Internet-only plans and new bundles, adding that it now offers speeds up to 500 M bps across 95% of its footprint. WOW is also pushing ahead with a rollout of 1-Gig speeds using DOCSIS 3.1 technology, starting in markets that include Auburn and Huntsville (AL), Evansville (IN), and Knoxville (TN).

Amazon, Kickstarter, Reddit and Mozilla are staging a net neutrality online protest July 12

Some of the Internet's biggest names are banding together for a “day of action” to oppose the Federal Communications Commission, which is working to undo network neutrality regulations for Internet providers that it passed during the Obama Administration. Among the participants are Etsy, Kickstarter and Mozilla, the maker of the popular Firefox Web browser. Also joining the day of protest will be Reddit, the start-up incubator Y Combinator, and Amazon.

On July 12, the companies and organizations are expected to change their websites to raise awareness of the FCC effort. Mozilla, for example, will change what users see on their screens when they open a new browser window. The digital rally recalls a similar online effort in 2012 by Google, Wikipedia and others to protest federal legislation on Internet piracy. The companies blacked out their websites in an effort to show how the bill could lead to censorship.

The End of Net Neutrality Could Shackle the Internet of Things

Network neutrality doesn’t just cover streaming video. It also ensures that you can use the devices that you want. Under the current net neutrality rules, your internet provider can’t stop you from connecting any laptop, tablet, smartphone, or Wi-Fi router you want to your home network. Without net neutrality, the days when broadband companies and cell carriers could let traffic flow faster to one brand of phone or computer over another could be coming. And that’s just the start.

With people connecting more and more devices, from voice-controlled personal assistants like Apple’s forthcoming Home Pod to thermostats to cars, net neutrality becomes that much more important, even as the federal government moves to drop its own protections. Dismissing the rules could be a big problem for the future of the Internet of Things, since companies like Comcast–which is already working on its own smart home platform–certainly have the motivation to create fast and slow lanes for particular gadgets and services. If your internet provider can decide which personal assistant or smart home gadgets you can or can’t use, the broadband can dictate the winners and losers in the Internet of Things race. That wouldn’t bode well for competition, innovation, or you.

Politics Fuels Cable, Not Broadcast, News

CNN, Fox News Channel and MSNBC spend much of their prime-time hours dissecting President Donald Trump's every move and people on all sides of the political spectrum can't seem to get enough. Ratings are up at all three networks. Even with the same material to cover, the ABC, CBS and NBC nightly wraps were down a collective 4 percent in viewership for the season that ended in May. That fits a typical pattern, where news ratings generally rise during an exciting election year and fall when a new president becomes immersed in the day-to-day grind of governing.

Verizon Locks In Early Federal Approval To Acquire NextLink’s 28 GHz Spectrum

Verizon scored another win on the spectrum front, securing early approval from US federal antitrust authorities to move ahead with plans to acquire 28 GHz spectrum from NextLink Wireless. A brief note posted on the Federal Trade Commission's website indicated federal regulators granted Verizon early termination of the waiting period implemented on deals under the Hart-Scott-Rodino Act. That means the carrier now has the green light to proceed with its NextLink transaction.

The issue of license transfer from NextLink to Verizon is now before the Federal Communications Commission. Back in February, Verizon wrapped up its deal to acquire fiber assets from XO Communications. But that transaction also included an agreement to lease millimeter wave wireless spectrum from XO affiliate NextLink Wireless, with the option to buy “under certain circumstances.” And it seems Verizon was eager to get the ball rolling on a NextLink acquisition. NextLink gives Verizon access to a significant number of 28 GHz spectrum licenses in and around major cities across the country, including New York City, San Francisco, Los Angeles, Philadelphia, Washington (DC), Chicago, Boston, Seattle, Miami, and Portland.

Rivada fights on, aims to provide states with alternative to AT&T’s FirstNet

Rivada Networks might have lost the FirstNet contract to AT&T, but that doesn’t mean it isn’t still in the game. Led by co-CEOs Declan Ganley and former Sprint CFO Joe Euteneuer, Rivada Networks continues to respond to states that issue RFPs seeking input from vendors willing to build and maintain a statewide public safety LTE radio access network (RAN) that would be interoperable with FirstNet’s network. While FirstNet as an organization wants to see all the states opt in to the network it’s creating with AT&T, the law said states must be given the option to opt out. According to Ganley, that’s an important piece of the entire FirstNet endeavor. Spectrum was specifically allocated to FirstNet in part because public safety wanted to move away from the “stove piping” of the past where one vendor dominated. Moving to the inherently open LTE standard provided a way to do that.

Top-Secret NSA Report Details Russian Hacking Effort Days Before 2016 Election

Apparently, Russian Military Intelligence executed a cyberattack on at least one US voting software supplier and sent spear-phishing e-mails to more than 100 local election officials just days before November 2016’s presidential election. The top-secret National Security Agency document, which was provided anonymously to The Intercept and independently authenticated, analyzes intelligence very recently acquired by the agency about a months-long Russian intelligence cyber effort against elements of the US election and voting infrastructure. The report, dated May 5, 2017, is the most detailed US government account of Russian interference in the election that has yet come to light.

While the document provides a rare window into the NSA’s understanding of the mechanics of Russian hacking, it does not show the underlying “raw” intelligence on which the analysis is based. A US intelligence officer who declined to be identified cautioned against drawing too big a conclusion from the document because a single analysis is not necessarily definitive. The report indicates that Russian hacking may have penetrated further into US voting systems than was previously understood.

Government contractor charged with leaking classified info to media

The Department of Justice charged 25-year-old government contractor Reality Leigh Winner with sharing top secret material with a media outlet, prosecutors announced in a press release June 5. Court documents filed by the government don't specify which media outlet received the materials allegedly leaked by Winner, but NBC News reported that the material went to the Intercept online news outlet. The Intercept published a top secret NSA report June 5 that alleged Russian military intelligence launched a 2016 cyberattack on a voting software company. Details on the report published by The Intercept suggest that it was created on May 5, 2017 — the same day prosecutors say the materials Winner is charged with sharing were created.

A Justice Department spokesman declined to comment on whether Winner is accused of sharing the report published by the Intercept. In June, Winner allegedly “printed and improperly removed classified intelligence reporting, which contained classified national defense information” before mailing the materials to an unnamed online news outlet a few days later, according to prosecutors.

With Verizon-CWA Copper Settlement, Union Forces Verizon’s Landline Hand

A complaint filed with the Pennsylvania public utilities commission has driven a Verizon-Communications Workers of America copper settlement involving maintenance of the company’s traditional landline network infrastructure. Verizon union workers represented by the CWA argued that the company was in violation of statutory obligations to provide adequate service to customers and that public and worker safety were endangered.

CWA filed the complaint in October 2015 and the PUC opened a proceeding to investigate the complaint in April 2016, according to a CWA press release. CWA said it submitted “exhaustive testimony” documenting inadequate maintenance on Verizon’s part. “For nearly two years, CWA documented Verizon’s failure to repair the copper network and equipment in areas where Verizon has chosen not to build out its FiOS fiber network,” said a CWA district vice president said.The Pennsylvania PUC action suggests, however, that some of the biggest challenges in phasing out copper may be more on the policy side than the regulatory side.

FCC's Open Internet Docket Explodes

The Federal Communications Commission's open internet docket, dubbed "Restoring Internet Freedom," has seen a huge wave of comments—or at least a major update of the number posted—since June 2, with over 4.9 million posted, up about 2 million from June 2's 2.9 million-plus. Sen Ed Markey (D-MA), an opponent of Republican FCC chairman Ajit Pai's proposal to roll back Title II, said earlier in 2017 he thought the comments would dwarf those in the docket for the 2015 Open Internet order—over 4 million. With still more than two months left in the comment cycle, he could be right.

Supreme Court to decide if a warrant is needed to track a suspect through cellphone records

The Supreme Court next term will decide whether law enforcement authorities need a warrant to track a suspect through his cellphone records, justices announced June 5. The case seeks to resolve a digital-age question that has divided lower courts relying on past Supreme Court precedents about privacy.

“Only this court can provide the guidance they seek about whether and how a doctrine developed long before the digital age applies to the voluminous and sensitive digital records at issue here,” wrote American Civil Liberties Union lawyers representing Timothy Carpenter. Investigating a string of armed robberies in the Midwest in 2010 and 2011, a prosecutor sought access to more than five months of historical cellphone location records for Carpenter, his lawyers said. Law enforcement officials did not seek warrants based on probable cause, but asked for the records under the Stored Communications Act.

Week ahead: New GOP push on internet privacy

Lawmakers could be looking at a new fight over internet privacy, as they return to Washington after their weeklong Memorial Day recess. In the House, Communications Subcommittee Chairman Marsha Blackburn (R-TN) is moving to build support for an internet privacy bill she introduced in May. The bill comes after Chairman Blackburn and Republicans spearheaded efforts to kill the Federal Communications Commission's own privacy rules for broadband providers. But so far her bill is winning few supporters, with most stakeholders in the internet privacy fight being slow to take a stance.

The Senate Commerce Committee is holding a hearing on David Redl's nomination to be Assistant Secretary for Communications and Information at the Department of Commerce on June 8. If confirmed, Redl will be in charge of the National Telecommunications and Information Administration (NTIA), and serve as President Trump's top telecom adviser.