Daily Digest 11/30/2017 (Jim Nabors, Maurice Hinchey)

Benton Foundation

Jim Nabors, Who Played Affable Klutz Gomer Pyle (NPR)
Maurice D. Hinchey, Congressman and Environmental Advocate (New York Times)

Net Neutrality

No, the FCC is not killing the Internet

[Commentary] December’s Federal Communications Commission vote will simply return the Internet to the same regulatory framework that governed in 2015 and for the 20 years that preceded it. The Internet flourished under this approach, while consumers and innovators alike benefited from a free and open Internet. The FCC’s plan ensures that robust open Internet protections are in place. Here are just four of them: First, the FCC’s decision will bring additional consumer protections to bear — ones we do not enjoy under the current regulatory regime.  Reversing the FCC’s Title II decision will return the Federal Trade Commission to its role as a steady cop on the beat and empower it to take enforcement action against any ISP that engages in unfair or deceptive practices — an important protection for Internet openness. Second, strong consumer privacy and data security protections will apply. Since the FCC’s Title II decision, the FTC — which is also the nation’s most experienced privacy enforcement agency — has been prohibited from taking any action regarding the privacy or data-security practices of ISPs. Consumers will benefit greatly from a return to these protections. Third, federal antitrust laws will apply. Fourth, state consumer-protection laws will continue to apply and state attorneys general can bring actions against ISPs. [Brendan Carr is a Commissioner on the Federal Communications Commission]

Debunking Chairman Pai's Claims about Net Neutrality Prepared by the Office of FCC Commissioner Clyburn

As an unwavering champion of network neutrality, FCC Commissioner Mignon Clyburn believes in setting the record straight. Chairman Pai made a number of claims and predictions in his dissent from the FCC’s 2015 Open Internet Order.

Chairman Pai: The 2015 Open Internet Order seizes unilateral authority to regulate Internet conduct, to direct where Internet service providers put their investments, and to determine what service plans will be available to the American public.
False. The Order in fact kept your broadband provider from blocking, throttling (slowing down), paving tollways on their network or at the point of interconnection, and interfering with the ability of content and customers to reach one another. No regulation of the Internet writ large (this is clear and obvious), no investment prescription, and no service plan determinations.

Fight for the Future, Pew Spar Over FCC Net Neutrality Docket Analysis

Fight for the Future (FFTF) called out Pew Research over mistakes and what it said were out of context characterizations and mischaracterizations in Pew's analysis of the Federal Communications Commission's network neutrality docket. "Yesterday, the Pew Research Group released a study that triggered a number of new reports about issues within the FCC’s net neutrality comment docket," said Fight for the Future's Evan Greer. "The Pew study, unfortunately, contained a number of serious inaccuracies, and lacked needed context in a way that conflated legitimate grassroots advocacy and organic online outrage with malicious attempts to manipulate the FCC docket with fraud." Pew conceded two errors and corrected them, but took issue with the suggestion it had failed to put its results in context. "We believe that Fight for the Future’s other points mischaracterize our report and our nonpartisan, non-advocacy mission," said Pew, which responded to the FFTF criticism. It agreed the report had misstated the total number of comments during the last net neutrality debate, and was incorrect when it said John Oliver "promoted the most common pro-net-neutrality comment to have been submitted to the FCC in its 2017 campaign." But Pew also said those did not change the report's basic findings.

Federal prosecutors have filed criminal charges against a Syracuse man for allegedly threatening to kill Congressman John Katko and his family if he did not support net neutrality. Specifically, federal prosecutors allege that the man left a voicemail at Congressman Katko’s office saying, among other things: ‘[I]f you don’t support net neutrality, I will find you and your family and I will kill . . . you . . . all. Do you understand? I will literally find all . . . of . . . you and your progeny and just wipe you from the face of the earth.’

I condemn in the strongest possible terms any attempts to intimidate government officials with violent threats, and in particular, efforts to target their families. I would also like to express my sympathy to Congressman Katko and his family and thank law enforcement officials for taking this matter seriously.

Man Charged With Threatening New York Congressman Over Net Neutrality (Variety)

What Actually Happens the Day Net Neutrality Is Repealed

On December 14th, the Federal Communications Commission will vote to replace current rules enforcing network neutrality. Nothing short of an extinction-level event will prevent it. But before abandoning all hope, know that while the battle for net neutrality at the FCC may have been lost, the war isn’t even close to a conclusion. In reality, the net neutrality fight is merely migrating to a different theater, namely, the US Courts of Appeals. And excluding the possibility of a Supreme Court challenge, the outcome may very well drag on for another year and a half or more.

Rolling back net neutrality will create another digital divide

[Commentary] Net neutrality is founded on the core principle that everyone should have equal access to the internet, regardless of what content the individual chooses to consume. It is the only way we can ensure a level playing field for all citizens of this country. We have many sources of disparity we already reckon with regularly — income, education, race, health, gender, geographic location, and the list goes on. Why are we creating another one? Unencumbered access to the Internet is a necessity today for all manner of personal, economic and social transactions in our digitally connected society. The Internet is all about freedom and openness and diversity and the multitude of important values these simple words embed. In management education we increasingly use the word “open” to characterize the nature of important business activities today like “alliances” and “innovation.” Let’s not create another walled garden that will limit our access to knowledge and services that our society so desperately needs. Let’s not create another digital divide. [Ritu Agarwal is a professor, senior associate dean for research and the Robert H. Smith Dean’s Chair of Information Systems at the University of Maryland’s Robert H. Smith School of Business. ]

FCC Chairman Pai defends his attack on net neutrality by substituting ideology for history

The world of the internet, as seen by Federal Communications Chairman Ajit Pai, is a simple one. Regulation is bad, deregulation is good. Conservatives are victims, and liberals reign supreme. And history doesn’t matter. In defending his campaign to repeal FCC regulations governing network neutrality, Pai got the history of regulation and the history of internet technology wrong, repeated his cherry-picked version of internet economics, and took irrelevant potshots at some of his critics in the information industry. He tried to portray his proposal as one that will unleash the wonders of free-market economics to foster more web innovation, but his concerns are plainly ideological.

What You Need to Know About the Fight to Save Net Neutrality

A Q&A with Sarah Morris, director of Open Internet Policy and senior policy counsel at the Open Technology Institute. 

Reports of the Internet’s Impending Death are Grossly Exaggerated

Over the past week, there has been a lot written about what happens to the internet assuming the Federal Communications Commission adopts the proposed order, circulated Nov 22, at its next scheduled open meeting. I would suggest that most of what has been written falls in the category of misinformation and rhetorical excess. I thought I might try something different and attempt to limit us to a discussion of facts. The short answer is, of course, that there will be no change in how your internet works after the order is adopted.

via AT&T

What does it take to get net neutrality?

We urge the Federal Communications Commission to take its vote to kill net neutrality off the agenda, but our hopes aren’t high. And without these rules, everyday users and small businesses will pay the price, free speech will suffer, and competition and innovation will be eroded.

America wakes up to the dark side of the internet

For decades, the internet has been seen by most Americans as a democratizing force that makes life easier and more enjoyable. But the increase of instances of abuse on the open web is challenging our conventional notion of the benefits of the internet. Advances in technology always create unforeseen consequences, which is why laws are usually written to address broad use cases. But recent incidents show that the country is reaching a tipping point, and regulators seem eager to revisit outdated policies to protect Americans from an internet turned ugly. How to go about that, however, is still unclear.

via Axios

The Repeal Of Net Neutrality Is A Bad Thing (But Not For The Reasons You Think)

While much the internet is in an uproar about Federal Communications Commission Chairman Ajit Pai’s plan to roll back Network Neutrality, I’d like the suggest that they’re focusing on the wrong thing. The reason Pai’s decision is the wrong one is not because the lack of net neutrality is, prima facie, a bad thing. Rather, it’s because we don’t have anything close to free market conditions in the U.S. when it comes to broadband.

via Forbes
Internet/Broadband
Remarks Of FCC Chairman Ajit Pai At Project GOAL's Conference On 'Aging And Technology'

Cooperatives Embrace Fiber Broadband: ILSR Finds 87 Cooperative Gigabit Deployments Nationwide

Telecommunications and electric cooperatives are playing an important role in bringing high-speed broadband to rural America, according to a new report from the Community Broadband Networks Initiative at the Institute for Local Self-Reliance (ILSR). Using FCC data, researchers identified 87 cooperative gigabit deployments as of December 2016. The majority of the nation’s 260 telecom cooperatives have deployed fiber-to-the-home.  About 60 of the nation’s 900 electric cooperatives have deployed fiber, and that number is growing fast. “Cooperatives have quietly proved that they can build fiber-to-the-home networks that are capable of speeds of more than 1 gigabit per second,” the report authors said.

Communications & Democracy

President Trump: New York Times a 'pipe organ for the Democratic Party' 
President Donald Trump in an early morning tweet accused The New York Times of lobbying for Democrats on tax reform, dubbing the newspaper a "pipe organ for the Democratic Party." "The Failing @nytimes, the pipe organ for the Democrat Party, has become a virtual lobbyist for them with regard to our massive Tax Cut Bill. They are wrong so often that now I know we have a winner!" the president said in a tweet. President Trump said in another tweet that the Times "has totally gone against the Social Media Guidelines that they installed to preserve some credibility after many of their biased reporters went Rogue!"

Benton Summary

 
Security/Privacy

Apple is sharing your face with apps. That’s a new privacy worry.

Beyond a photo, the iPhone X’s front sensors scan 30,000 points to make a 3D model of your face. That’s how the iPhone X unlocks and makes animations that might have once required a Hollywood studio. Now that a phone can scan your mug, what else might apps want to do with it? They could track your expressions to judge if you’re depressed. They could guess your gender, race and even sexuality. They might combine your face with other data to observe you in stores—or walking down the street. Apps aren’t doing most of these things, yet. But is Apple doing enough to stop it? After I pressed executives this week, Apple made at least one change—retroactively requiring an app tapping into face data to publish a privacy policy.

Ownership

Antitrust is Law Enforcement

[Commentary] At the end of October, Jonathan Baker, Fiona Scott Morton, and I organized a day-long conference entitled Unlocking the Promise of Antitrust Enforcement. Our premise was simple: In a time when the purpose and future of antitrust is again an important topic of political discourse, we need to understand what antitrust enforcers can do today with the laws that exist right now. Laws that have been on the books for a long time – The Sherman Act was passed in 1890 – but which retain their vitality. And their importance. The conference, which was sponsored by the Washington College of Law at American University and the Washington Center for Equitable Growth, featured nine presentations from a series of extraordinarily-distinguished economists and lawyers. And these presentations will be published next Spring in a special issue of the Yale Law Journal. I see one simple idea at the heart of the nine presentations: Antitrust is law enforcement. [Jon Sallet]

 
A Failure of the Network News Star System

The arrival of hard consequences for these men may have come too late in the news industry, but media organizations are unquestionably leading the national reckoning now underway. For the news business, this is the way it has to be: Its main product, after all, is integrity, which, in the case of the networks, is personified by those who sit behind the desk. Once the audience’s trust is lost, the entire enterprise falls apart.

Government & Communications

Federal Agencies Could Improve Oversight of Equal Employment Opportunity Requirements

This report examines (1) trends in the gender, racial, and ethnic composition of the technology sector workforce; and (2) oversight of technology companies' compliance with equal employment and affirmative action requirements. The estimated percentage of minority technology workers increased from 2005 to 2015, but GAO found that no growth occurred for female and Black workers, whereas Asian and Hispanic workers made statistically significant increases (see figure). Further, female, Black, and Hispanic workers remain a smaller proportion of the technology workforce—mathematics, computing, and engineering occupations—compared to their representation in the general workforce. These groups have also been less represented among technology workers inside the technology sector than outside it. In contrast, Asian workers were more represented in these occupations than in the general workforce.

More than 5 million people in the United Kingdom could be entitled to compensation from Google if a class action against the internet giant for allegedly harvesting personal data is successful. A group led by the former executive director of consumer body Which?, Richard Lloyd, and advised by City law firm Mischon de Reya claims Google unlawfully collected personal information by bypassing the default privacy settings on the iPhone between June 2011 and February 2012. They have launched a legal action with the aim of securing compensation for those affected. The group, called Google You Owe Us, says that approximately 5.4 million people in Britain used the iPhone during this period and could be entitled to compensation. Google is accused of breaching principles in the UK’s data protection laws in a “violation of trust” against iPhone users.


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