Monday, December 10, 2018
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Feds Investigating Fake Net Neutrality Comments
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Millions Of Comments About The FCC's Net Neutrality Rules Were Fake. Now The Feds Are Investigating.

According to unnamed sources, the Justice Department is investigating whether crimes were committed when potentially millions of people’s identities were posted to the Federal Communications Commission’s website without their permission, falsely attributing to them opinions about net neutrality rules. The Federal Bureau of Investigation has delivered subpoenas to at least two organizations related to the comments.

Democrats are expected to use their upcoming control of the House to push for strong net neutrality rules. Gigi Sohn -- a former lawyer at the Federal Communications Commission who is now a fellow at the Georgetown Law Institute for Technology, Law and Policy -- said she expects Democrats to use their new power to push for the restoration of strong net neutrality rules — and for the topic to be on the lips of presidential hopefuls. “I have no doubt that bills to restore the 2015 rules will be introduced in both the Senate and the House relatively early on,” Sohn said. “Every Democratic candidate for president, this is going to be one of their top issues.”

Since 2011, the National Broadband Map has been a vital tool for consumers, businesses, policy makers, and researchers by providing an easy- to-use and searchable way to find out who is offering broadband, what types of broadband they are offering, and where they are offering it. But the mapping platform has become dated, as has the coverage data, which was collected through the National Telecommunications and Information Administration’s (NTIA) State Broadband Initiative (SBI); the last published SBI data set was current as of June 30, 2014. Based on the age of the data, and the underlying technology, the National Broadband Map and its Application Program Interface (API), will be decommissioned on December 21, 2018.
The Federal Communications Commission released a new Fixed Broadband Deployment map in February 2018 to display new data collected by the FCC from carriers on FCC Form 477, which is updated twice annually.
[Mandfield is the Associate Chief Information Officer in the FCC's Office of the Managing Director]

The Census Bureau released the 2013-2017 American Community Survey (ACS) five-year estimates. Data on Internet subscription rates:
- Low broadband internet subscription rates were found in many counties in the upper Plains, the Southwest and South. The desert states of Arizona and New Mexico, south Texas, the lower Mississippi through Southern Alabama and some areas of the Piedmont of Georgia, the Carolinas and Southern Virginia were notable for containing many counties with low broadband internet subscription rates, although there were exceptions throughout.
- Some of the counties with the highest broadband internet subscription rates and lowest broadband internet subscription rates were in the South. Of the 21 counties with populations of at least 10,000 and broadband internet subscription rates at or above 90 percent, 12 were in the South, four were in the Midwest, four in the West, and one in the Northeast. Conversely, of the 24 counties with broadband internet subscription rates at or below 45 percent and populations of at least 10,000, 21 were in the South, two were in the West, and one was in the Midwest.
- Rural areas were not the only places with low broadband internet subscription rates. In some large cities, central counties lagged some of the surrounding counties. In the Chicago metropolitan area, the household broadband internet subscription rate was 77 percent for Cook County and 92 percent for nearby Kendall County. Los Angeles’ broadband internet subscription rate of 80 percent was lower than the 88 percent rate in Orange County next door. In the Washington, DC metro area, the broadband internet subscription rate was 78 percent in the District of Columbia, but 93 percent in suburban Loudoun County, Va.
- Lack of internet in rural areas was also notable for Native Americans, who had a 67 percent broadband internet subscription rate, compared with an 82 percent rate for non-Native American individuals. Native Americans living on American Indian land had a rate of 53 percent.
The Rural Effect
The Census Bureau compared the broadband internet subscription rates for households in 704 completely rural counties with the households in counties that were “mostly rural,” and those that were “mostly urban.” (See the blog: “Rurality Matters.”)
- The average “completely rural” county had a household broadband internet subscription rate of 65 percent, 67 percent in “mostly rural” counties, and compared with a rate of 75 percent for “mostly urban” counties.
- Of counties with broadband internet subscription rates of 80 percent or more, 13 percent were “mostly rural” or “completely rural.” Of counties with broadband internet subscription rates of 60 percent or below, 88 percent were “mostly rural” or “completely rural.”
- In addition to rural context, median household income for a county was also associated with broadband internet subscription rates. In the average county where the median household income was below $50,000, roughly 65 percent of households had broadband internet subscriptions. In the average county with median incomes of $50,000 and over, more than 76 percent of households had broadband internet subscriptions.
- When taken together, median household income and rural context each had an association with household broadband internet subscription rates. In “mostly urban” counties with median household incomes of $50,000 and over, the average broadband internet subscription rate was roughly 80 percent, while in “completely rural” counties with the similar median incomes, the average broadband internet subscription rate was only 71 percent. “Mostly urban” counties with median household incomes below $50,000, on the other hand, only reported average broadband internet subscription rates of 70 percent while “completely rural” counties with similar median incomes had average broadband internet subscription rates of just 62 percent.
- Counties with high broadband internet subscription rates were found in “mostly urban” counties across the country, but especially on the Pacific coast and the Northeast. Some of the highest broadband internet subscription levels occurred in “mostly urban” counties outside the District of Columbia, Denver and Atlanta.
- Focusing on counties with populations of at least 10,000, there were 21 counties in which 90 percent or more of households had broadband internet subscriptions. All but one (Morgan County, Utah) were classified as “mostly urban” counties.
- 20 of the 24 counties with populations above 10,000 with the lowest level of home broadband internet subscriptions were classified as “mostly rural” or “completely rural.”
- The lowest broadband internet subscription rate was in Telfair County, Ga., with a broadband internet subscription rate of 25 percent. Telfair County, Ga., is classified as “mostly urban.”
For the First Time, Census Bureau Data Show Impact of Geography, Income on Broadband Internet Access

For the first time, US Census Bureau statistics show the impact that a county’s rural or urban geography and income level can have on residents’ rates of subscription to the internet. While the Census Bureau has reported national estimates of internet subscription for each of the past four years, the new data for all counties in the United States allow us to look at trends across smaller areas, including less populated rural areas. Nationally, 78 percent of households subscribe to the internet, but households in both rural and lower-income counties trail the national average by 13 points. In addition, the data show that Americans connect to the internet in a variety of ways, including through high-speed wired connections at home and cellular data plans while on the go.
Road Map to Connecting the Under-connected: Towns and cities at core of digital inclusion policies and partnerships

In the hopes of increasing digital equity, here are some observations and suggestions for framing, enacting and collectively furthering digital inclusion policy. 1) Terminology helps frame policy. 2) Anchor policy in comprehensive frameworks. 3) Government has a role as a convener & participant, but not a singular responsibility. 4) Digital inclusion planning and policy should be intentional, and also nurtured. 5) Build community capacity and work with trusted ambassadors. 6) Read between the data lines. 7) An international hub for digital inclusion researchers, indicators, survey tools and data could make a significant difference in the field. 8) Embed and integrate digital inclusion into your mission and all layers of policy and programs. 9) Public benefit guidelines, regulation and partnerships can and should be used to address multiple aspects of digital inclusion. 10) Ensuring the authority for local governments to negotiate public benefits and consumer protections that are responsive to local needs is being strongly challenged and is a significant policy issue for the country. 11) Someone needs to do more to tackle consumer labeling, education, and awareness for broadband and telecom services.
[David Keyes led the development of Seattle’s digital inclusion programs and policies. Amina Fazlullah is Policy Counsel with Common Sense Media and was formerly the Benton Foundation’s Policy Director.]

The Federal Communications Commission has launched an investigation into whether one or more major carriers violated the Mobility Fund Phase II (MF-II) reverse auction’s mapping rules and submitted incorrect coverage maps. The investigation comes after a preliminary review of the 20,809,503 speed tests filed with the agency in connection with the MF-II challenge process; the window for initial challenges closed on November 26. The FCC has suspended the next step of the challenge process—the opening of a response window—pending the conclusion of this investigation

A group of 10 senators is calling on Federal Communications Commission Chairman Ajit Pai to stand down on his proposal to classify text messaging as an information service. “We urge you to right this wrong and classify text messaging as a telecommunications service, affording this vital means of communications protections that promote innovation and support freedom of speech,” the lawmakers write in a letter led by Sen. Ed Markey(D-MA) and co-signed by eight Senate Democrats as well as Bernie Sanders (I-VT). Critics of the plan argue that reclassifying texts would give carriers the power to block messages as they see fit. The FCC proposal has already drawn the opposition of FCC Commissioner Jessica Rosenworcel, who said, “the claim that the FCC needs to classify text messages to protect consumers from unwanted texts is bogus doublespeak.”

Democrats and Google executives worked arm in arm for years, particularly during the Obama administration. But when Sundar Pichai, Google’s chief executive, testifies before Congress, some of the toughest questioning is likely to come from Democrats. The hearing will provide an early glimpse of how Democrats plan to approach Silicon Valley giants in the coming year as they assume control of the House of Representatives. And the testimony from Pichai, who is appearing before lawmakers after initially resisting, may provide clues about how he and the company will approach them. Pichai is likely to get questions about Google’s search results, which company executives have repeatedly denied are altered for political purposes. He will probably also get questions about privacy and how the company handles cases of sexual harassment. Democratic and Republican lawmakers are also expected to press him on Google’s possible plans for re-entering China, a market the company left in 2010 over concerns about censorship and government hacking.

At least 75 companies receive anonymous, precise location data from apps whose users enable location services to get local news and weather or other information. Several of those businesses claim to track up to 200 million mobile devices in the United States. The database reveals people’s travels in startling detail, accurate to within a few yards and in some cases updated more than 14,000 times a day. These companies sell, use or analyze the data to cater to advertisers, retail outlets and even hedge funds seeking insights into consumer behavior. It’s a hot market, with sales of location-targeted advertising reaching an estimated $21 billion. Businesses say their interest is in the patterns, not the identities, that the data reveals about consumers. They note that the information apps collect is tied not to someone’s name or phone number but to a unique ID. But those with access to the raw data — including employees or clients — could still identify a person without consent. They could follow someone they knew, by pinpointing a phone that regularly spent time at that person’s home address. Or, working in reverse, they could attach a name to an anonymous dot, by seeing where the device spent nights and using public records to figure out who lived there.

A new study by MIT researchers finds that the growing practice of compiling massive, anonymized datasets about people’s movement patterns is a double-edged sword: While it can provide deep insights into human behavior for research, it could also put people’s private data at risk. Companies, researchers, and other entities are beginning to collect, store, and process anonymized data that contains “location stamps” (geographical coordinates and time stamps) of users. Data can be grabbed from mobile phone records, credit card transactions, public transportation smart cards, Twitter accounts, and mobile apps. Merging those datasets could provide rich information about how humans travel, for instance, to optimize transportation and urban planning, among other things. But with big data come big privacy issues: Location stamps are extremely specific to individuals and can be used for nefarious purposes. Recent research has shown that, given only a few randomly selected points in mobility datasets, someone could identify and learn sensitive information about individuals. With merged mobility datasets, this becomes even easier: An agent could potentially match users trajectories in anonymized data from one dataset, with deanonymized data in another, to unmask the anonymized data.

President Donald Trump said he intended to nominate William P. Barr, who served as attorney general during the first Bush administration from 1991 to 1993, to return as head of the Justice Department. A graduate of George Washington University’s law school, Barr, 68, got his start in the 1970s working for the CIA and later worked in the Reagan White House before leaving for private practice. In 1989, President George Bush appointed him to lead the Justice Department’s powerful Office of Legal Counsel, and later elevated him to deputy attorney general and then attorney general. After the Bush administration, Barr spent most of his postgovernment career as the top lawyer for the telecommunications company that became Verizon, from which he retired in 2008. He later joined the Kirkland & Ellis law firm.
Barr has criticized aspects of the Russia investigation, including suggesting that the special counsel, Robert S. Mueller III, hired too many prosecutors who had donated to Democratic campaigns. Barr has defended Trump’s calls for a new criminal investigation into his 2016 opponent, Hillary Clinton, including over a uranium mining deal the Obama administration approved when she was secretary of state. “There is nothing inherently wrong about a president calling for an investigation,” Barr said. “Although an investigation shouldn’t be launched just because a president wants it, the ultimate question is whether the matter warrants investigation.” Barr added then that he saw more basis for investigating the uranium deal than any supposed conspiracy between Trump’s associates and Russia. “To the extent it is not pursuing these matters, the department is abdicating its responsibility,” he said.
Trump’s new attorney general had charged Justice Department’s antitrust chief with giving an ‘inaccurate’ account of meeting with Time Warner

President Trump’s pick to lead the Department of Justice previously challenged the integrity and motivation of the agency’s current antitrust chief, according to recently published court documents, offering a conflicting account of a meeting the two attended about the merger of AT&T and Time Warner. Before the companies merged, Time Warner board member William Barr attended a meeting with the company’s general counsel and officials from the Justice Department’s antitrust division to discuss the mega-merger. While the clashing accounts of what took place at the meeting have been previously reported, the likelihood that Barr may become the nation’s top law enforcement officer renews the significance of the quarrel and raises questions about the future of the antitrust division and its personnel. Barr said Antitrust chief Makan Delrahim “would not engage in a meaningful discussion” about potential remedies to avoid a trial.

William P. Barr, nominated to become the nation’s top law enforcement official in the Trump administration, is a former chief lawyer for Verizon Communications who has opposed net neutrality rules for more than a decade. Barr, who served as attorney general under former President George H.W. Bush from 1991-93, warned in 2006 that “network neutrality regulations would discourage construction of high-speed internet lines that telephone and cable giants are spending tens of billions of dollars to deploy.”
Barr’s previous employment with Verizon foreshadows credibility problems similar to those faced by Federal Communications Commission Chairman Ajit Pai, also a former Verizon lawyer. Barr, however, is likely to face even more scrutiny stemming from his role as a member of WarnerMedia’s board of directors. The company -- which includes HBO, Turner Broadcasting, and Warner Bros. Entertainment Group -- was created in the aftermath of AT&T’s 2016 purchase of Time Warner Inc. The Time Warner acquisition has been particularly troubling for net neutrality advocates because there are no practical rules in place to prevent AT&T from blocking or slowing down access to competitors such as Netflix. AT&T already favors some wireless customers by allowing them to view its DirecTV service without fully counting it against a monthly data cap; meanwhile, viewing Netflix or Hulu shows count against AT&T wireless customer caps. Barr has argued that net neutrality rules will discourage internet service providers from investing in high-end delivery systems, such as fiber-optic networks.
Benton (www.benton.org) provides the only free, reliable, and non-partisan daily digest that curates and distributes news related to universal broadband, while connecting communications, democracy, and public interest issues. Posted Monday through Friday, this service provides updates on important industry developments, policy issues, and other related news events. While the summaries are factually accurate, their sometimes informal tone may not always represent the tone of the original articles. Headlines are compiled by Kevin Taglang (headlines AT benton DOT org) and Robbie McBeath (rmcbeath AT benton DOT org) — we welcome your comments.
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