Daily Digest 4/02/2018 (Steven Bochco)

Benton Foundation

Steven Bochco, Creator of TV Hits Like ‘Hill Street Blues’ and ‘NYPD Blue’

Obviously, something went wrong over the weekend; we regret everything

Ownership

AT&T-Time Warner Trial: Comcast Executive Says ‘No Reason’ to Believe Merger Will Change Leverage

A top executive at Comcast testified at the AT&T-Time Warner antitrust trial that he has “no reason” to believe that the massive merger will have an impact on their company’s negotiations for Turner channels or HBO.  A key argument in the Justice Department’s case is that the merger will give AT&T-Time Warner increased leverage to demand more onerous fees from distribution rivals, ultimately driving up prices for consumers. But Greg Rigdon, executive vice president of content acquisition for Comcast, was asked by Time Warner’s attorney Kevin Orsini what would change after the merger. While cautioning that he didn’t know how the company would operate, he said he had “no reason to believe it will impact my negotiations with Turner or HBO.”

Why Sinclair Made Dozens of Local News Anchors Recite the Same Script

On local news stations across the United States, dozens of anchors gave the same speech to their combined millions of viewers. It included a warning about fake news, a promise to report fairly and accurately and a request that viewers go to the station’s website and comment “if you believe our coverage is unfair.” It may not have seemed strange until viewers began to notice that the newscasters from Seattle to Phoenix to Washington sounded very similar. The script came from Sinclair Broadcast Group, the country’s largest broadcaster, which owns or operates 193 television stations. Scott Livingston, the senior vice president of news for Sinclair, had read almost the exact same speech for a segment that was distributed to outlets a year ago.

 
Privacy

Watchdog groups file criminal complaint against Trump campaign, Cambridge Analytica and Bolton super PAC

Citizens for Responsibility and Ethics in Washington (CREW) and Democracy 21 filed a criminal complaint alleging that the Trump campaign and a super PAC controlled by President Trump's new national security adviser John Bolton worked with the consulting firm Cambridge Analytica to violate a law preventing foreign nations from participating in US elections. The groups allege that the John Bolton Super PAC, the Trump campaign and its former chairman Stephen Bannon were aware of Cambridge Analytica's nefarious activities. "The law prohibits foreign nationals from participating, directly or indirectly, in elections in the United States," said Noah Bookbinder, CREW's executive director. "What’s worse than the fact that it apparently happened in this case is that the people involved apparently knew they were breaking the law and continued to do so anyway," he added. The complaint also names SCL Elections, the parent company of Cambridge Analytica, and demands an investigation into whether Trump's campaign and Bolton's super PAC knew about alleged foreign activities when they worked with the firm.

Can Europe Lead on Privacy?

[Commentary] What matters is not whether internet companies “deserve” our private information but why we as consumers do not have meaningful ways to protect that data from being siphoned for sale in the first place. The American government has done little to help us in this regard. The Federal Trade Commission merely requires internet companies to have a privacy policy available for consumers to see. A company can change that policy whenever it wants as long as it says it is doing so. As a result, internet companies have been taking our personal property — our private information — while hiding this fact behind lengthy and coercive legalese and cumbersome “opt out” processes. The European Union, however, is handling the problem differently. Starting in May, its General Data Protection Regulation will go into effect in its 28 member nations. The regulation is powerful in its simplicity: It ensures that consumers own their private information and thus have the right to control its usage and that internet companies have an obligation to give consumers the tools to exercise that control.

[Tom Wheeler, the chairman of the Federal Communications Commission from 2013 to 2017, is a visiting fellow at the Brookings Institution and a fellow at the Harvard Kennedy School.]

 
Journalism

Ralph Peters op-ed: Why I left Fox News

[Commentary] I declined to renew my contract as Fox News’s strategic analyst because of the network’s propagandizing for the Trump administration. Today’s Fox prime-time lineup preaches paranoia, attacking processes and institutions vital to our republic and challenging the rule of law. As Fox’s assault on our constitutional order intensified, spearheaded by its after-dinner demagogues, I had no choice but to leave. My error was waiting so long to walk away. The chance to speak to millions of Americans is seductive, and, with the infinite human capacity for self-delusion, I rationalized that I could make a difference by remaining at Fox and speaking honestly. I was wrong. All Americans, whatever their politics, should want to know, with certainty, whether a hostile power has our president and those close to him in thrall. This isn’t about party but about our security at the most profound level. Every so often, I could work in a comment on the air, but even the best-disposed hosts were wary of transgressing the party line. Fox never tried to put words in my mouth, nor was I told explicitly that I was taboo on Trump-Putin matters. I simply was no longer called on for topics central to my expertise.

[Ralph Peters is a retired Army officer]

Security

Justice Department asks Supreme Court to moot Microsoft email case, citing new law

Now that Congress has made clear that a US search warrant covers emails stored overseas, the Justice Department asked the Supreme Court to moot a case involving a data demand issued to Microsoft for a drug-trafficking suspect’s emails held in Ireland. The case, argued in February 2018, centered on whether a US tech firm must comply with a court order to produce emails even if they are stored abroad — in this instance, in a Dublin server. On March 23, Congress passed, and President Trump signed, the Cloud Act. The law states that a “provider of electronic communication service” shall comply with a court order for data “regardless of whether such communication, record or other information is located within or outside of the United States.” Microsoft supported the legislation, which also provides a way to facilitate — through bilateral agreements — foreign law enforcement agencies’ access to data held inside the United States. The Justice Department on Friday obtained a new search warrant requiring Microsoft to turn over the emails. 

John Bolton, cyber warrior

John Bolton has spent years imploring the US to go on the attack in cyberspace — a stance that some digital warfare experts caution could set the nation up for a conflict it would be better off avoiding. President Donald Trump’s incoming national security adviser has made this point in a series of op-eds, speeches and appearances on panels and television, arguing that America should deploy its “muscular cyber capabilities” to strike back against digital adversaries like China, Russia, Iran and North Korea. The point, he said, would be to impose costs “so high that they will simply consign all their cyber warfare plans to their computer memories to gather electronic dust.” While officials and cyber specialists agree with Bolton’s push for a clearly articulated digital strike policy, the government has hesitated to dive headlong into what Bolton calls “a retaliatory cyber campaign,” wary of blowback on American businesses and infrastructure, the lack of global rules for online warfare and the debatable effectiveness of digital strikes in the first place.

Company News/Lobbying

Silicon Valley Warms to President Trump After a Chilly Start

Once one of President Trump’s most vocal opponents, Silicon Valley’s technology industry has increasingly found common ground with the White House. When President Trump was elected, tech executives were largely up in arms over a leader who espoused policies on immigration and other issues that were antithetical to their companies’ values. Now, many of the industry’s executives are growing more comfortable with the president and how his economic agenda furthers their business interests, even as many of their employees continue to disagree with President Trump on social issues. The relationship remains bumpy. President Trump lashed out at Amazon, accusing the e-commerce giant of evading taxes. (Amazon said it had saved $789 million under the tax law President Trump signed.) The president is also expected to sign legislation that would strengthen policing of sex trafficking online — a bill that internet companies once opposed because they worried it would make them liable for content posted by their users. Yet quietly, the tech industry has warmed to the White House, especially as companies including Alphabet/Google, Apple and Intel have benefited from the Trump administration’s policies.

President Trump escalates attack on Amazon, demands Washington Post register as 'lobbyist'

President Donald Trump continued to needle Amazon, claiming the company maintains an advantageous relationship with the US Postal Service amounting to a "scam" worth "billions of dollars." The President wrote on Twitter:

While we are on the subject, it is reported that the U.S. Post Office will lose $1.50 on average for each package it delivers for Amazon. That amounts to Billions of Dollars. The Failing N.Y. Times reports that “the size of the company’s lobbying staff has ballooned,” and that does not include the Fake Washington Post, which is used as a “lobbyist” and should so REGISTER. If the P.O. “increased its parcel rates, Amazon’s shipping costs would rise by $2.6 Billion.” This Post Office scam must stop. Amazon must pay real costs (and taxes) now!

The $1.50 figure comes from a Wall Street Journal op-ed, which cited a Citigroup analysis that the Postal Service loses $1.46 on each package it delivers for Amazon. But a Fortune Magazine report found that such a subsidy is due to congressional action that limits the postal service's ability to compete with companies like FedEx.

‘Maybe someone dies’: Facebook VP justified bullying, terrorism as costs of network’s ‘growth’

In a 2016 employee memo that was leaked the week of March 26, a Facebook executive defended the company's questionable data mining practices and championed the growth of social media at any cost — apparently even death. "Maybe it costs a life by exposing someone to bullies,” company vice president Andrew Bosworth wrote in the memo. “Maybe someone dies in a terrorist attack coordinated on our tools. And still we connect people. The ugly truth is that we believe in connecting people so deeply that anything that allows us to connect more people more often is *de facto* good.” Bosworth, who oversaw Facebook's advertising and business platform at the time and is now in charge of the company's virtual reality department, has acknowledged writing the message but said he intended only to start a debate. “I didn't agree with it even when I wrote it,” he wrote on Twitter after the report was published. 

Internal posts show Facebook workers condemning leakers and fearing 'spies'

Facebook employees are calling for a crackdown on suspected leakers and questioning whether “spies” have infiltrated the corporation, according to leaked internal posts that suggest the social media giant’s workforce is becoming defensive in the face of critical public scrutiny. The posts were a response to the leak of a memo by a senior Facebook executive who defended the social network’s negative effects on society. While Facebook’s CEO, Mark Zuckerberg, publicly sought to distance himself from the controversial memo, many of his staff, it appears, focused their ire on the leaker, lashing out at disloyalty within the company. The extraordinary messages provide a rare window into Facebook’s internal culture: while there was dissent from employees, many appeared focused on flushing out whistleblowers.

Policymakers

Second BDAC Member Quits Over Charges of Industry Influence

A second member has quit the Federal Communications Commission's Broadband Deployment Advisory Committee, also suggesting it has been carrying water for industry rather than drawing on a well of other sources to grow broadband deployment. Miguel Gamiño Jr., CTO of the New York City, said in a letter to FCC chairman Ajit Pai that after participating in 100 hours worth of calls, attending one all-day meeting in D.C. and submitting "countless" suggestions and comments," he has concluded that the committee has "has skewed the drafting of the proposed recommendations towards industry priorities without regard for a true public-private partnership." He said he could not recommend the city follow or promote BDAC's eventual work product, and instead suggested the city's nationwide partnership between Mayor Bill de Blasio and more than a dozen other mayors on promoting network neutrality would be a venue to share best practices on broadband deployment. Gamiño said he had no choice but to "step away" from the process and focus on efforts be thought would provide his city " more productive opportunities for achieving the kind of cooperative progress in advancing broadband deployment in the public interest."

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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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