Daily Digest 4/10/2019 (Net Neutrality Debate Continues)

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Wednesday, April 10, 2019

Headlines Daily Digest

Net Neutrality Vote, Broadband Mapping on Today's Agenda


Don't Miss:

USDA ReConnect Broadband Funding Program

Microsoft on Broadband Mapping

Senators Introduce Legislation to Ban Manipulative 'Dark Patterns' 

Table of Contents

Net Neutrality

No Save the Internet Vote April 9 -- Bill Will Be Amended and Picked Up April 10  |  Broadcasting&Cable
Senate Majority Leader Mitch McConnell calls net neutrality bill 'dead on arrival'  |  Reuters
The White House is using fuzzy math to justify net neutrality veto  |  Read below  |  Karl Bode  |  Vox

More on Broadband/Internet

USDA ReConnect Broadband Funding Program Will Begin Accepting Applications April 23  |  Read below  |  Phil Britt  |  telecompetitor
It’s time for a new approach for mapping broadband data to better serve Americans  |  Read below  |  John Kahan  |  Press Release  |  Microsoft
Big Telecom companies are suppressing fast internet  |  Read below  |  Keith Spencer  |  Salon
Internet companies spend billions to get people connected  |  Read below  |  Sara Fischer, Kim Hart  |  Axios
Consolidated Plans Public-Private Broadband Network in Rural Maine Community  |  telecompetitor
Crair Settles: Are State Legislatures Wising Up About Broadband Co-Ops?  |  Daily Yonder

Wireless

AT&T expands mobile 5G rollout with seven new cities, total rises to 19  |  USAToday

Platforms

Senators Introduce Legislation to Ban Manipulative 'Dark Patterns'  |  Read below  |  Sen Mark Warner (D-VA)  |  Press Release  |  US Senate
Republicans and Democrats have completely different priorities on tech  |  Read below  |  Lil Zhou  |  Vox
Senators Blackburn, Klobuchar ask FTC to disclose whether it is investigating Google  |  Read below  |  Press Release  |  Sen Marsha Blackburn (R-TN)
Analysis: How should social media platforms combat misinformation and hate speech?  |  Brookings
Google-Backed Study Finds People Willing To Trade Sensitive Data For Personalized Media  |  MediaPost

Emergency Communications

FCC Commissioner O'Rielly Letter to Governors of NY, NJ, and RI Re: 911 Fee Diversion  |  Federal Communications Commission

Telecom

FCC Expands Multilingual Consumer Outreach on Robocalls, Spoofing  |  Federal Communications Commission
The Robocall Crisis Will Never Be Totally Fixed  |  Wired

Content

A flood online of hate speech greets lawmakers probing Facebook and Google about white nationalism  |  Washington Post
In Congressional Hearing on Hate, the Haters Got Their Way  |  Wired
Facebook's new Watch Party video-streaming feature is wildly popular with pirates, who use it to run illicit movie marathons  |  Business Insider

Television/Radio

NAB Show: FCC Commissioners Talk Industry Competition and Push for More Diverse Ownership  |  Read below  |  Michael Malone  |  Broadcasting&Cable
Cord-cutting trend losing momentum, study says  |  Fierce
Americans Think All Network News Channels Lean Liberal, Poll Finds  |  Hollywood Reporter

Health

Phone Addicts are the New Drunk Drivers  |  Zendrive
How Health Apps Let Women Down  |  Medium

Communications & Democracy

Rep. Nunes suses newspaper chain, alleges 'character assassination'  |  Read below  |  Joe Concha  |  Hill, The
The Democratic Electorate on Twitter Is Not the Democratic Electorate in Real Life  |  New York Times

Security

Senator Warner, Gardner Reintroduce the State Cyber Resiliency Act -- Empowering State and Local Gvts to Counter Cyberattacks  |  US Senate

Company News

Jack Shafer: The Incredible Shrinking Fox News  |  Politico
How Iger Broke Disney’s Netflix Addiction  |  Information, The

Stories From Abroad

The UK’s online laws could be the future of the internet—and that’s got people worried  |  Read below  |  James Ball  |  Analysis  |  MIT Technology Review
Facebook Bends to European Union Pressure on ‘Misleading’ Fine Print  |  Read below  |  Sam Schechner  |  Wall Street Journal
A guide to anti-misinformation actions around the world  |  Poynter
The next big news fight is between Chinese aggregation apps  |  Axios
Today's Top Stories

Net Neutrality

The White House is using fuzzy math to justify net neutrality veto

Karl Bode  |  Vox

On April 8, the White House promised to veto the Save the Internet Act — a bill designed to restore network neutrality protections and undo the Federal Communications Commission’s unpopular 2017 decision to repeal them. To justify the veto, the statement painted a picture of surging broadband investment and robust new networks, free to flourish now that Title II was out of the way. Unfortunately for the White House, there’s no evidence to suggest any of those improvements had anything to do with killing net neutrality. Some of the data points aren’t accurate, and others are the result of policies from past administrations. Other figures are pulled directly from a press release sent out by USTelecom. “To claim that large [Internet service providers] increased their spending when they did just the opposite—whatever the natural cause for such decreases—is a fraud designed to deter Members of Congress from voting for rules that their constituents need and demand by 4 to 1 margins,” said Free Press' Matt Wood.

Broadband

USDA ReConnect Broadband Funding Program Will Begin Accepting Applications April 23

Phil Britt  |  telecompetitor

The US Department of Agriculture will start accepting applications for its Rural e-Connectivity Pilot Program (ReConnect Program) on April 23. The ReConnect Program enables USDA to create and implement innovative solutions to rural connectivity by providing various financial options to partners and customers. The USDA will make three different types of awards:

  • $200 million in grants, with a requirement for 25% in matching funds, with an application deadline of May 31
  • $200 million in 50% grant/50% loan combinations, with an application deadline of June 21
  • $200 million in low-interest loans, with an application deadline of July 12

Funds will be awarded to projects that have financially sustainable business models that will bring high-speed broadband to rural homes, businesses, farms, ranches and community facilities such as first responders, health care sites and schools. Telecommunications companies, internet service providers, rural electric cooperatives and utilities and municipalities may apply for funding through USDA’s ReConnect Program to connect rural areas that currently have insufficient broadband service. Applications can be submitted through via reconnect.usda.gov.

It’s time for a new approach for mapping broadband data to better serve Americans

John Kahan  |  Analysis  |  Microsoft

There are two fundamental problems with the data used for broadband mapping right now.

  1. The request on the form the Federal Communications Commission uses to collect broadband data is too broad. Form 477 is the primary tool used to collect data on broadband deployment. Right now, this form asks providers if they are “providing or could …without an extraordinary commitment of resources provide broadband service to an area.” If the answer is yes to either question, the area is considered covered – meaning many places are counted as covered that have no access and providers have no plans to provide it any time soon.
  2. The lack of location specificity poses challenges. The FCC data is based on census blocks, the smallest unit used by the US Census Bureau – though in rural areas, these blocks can be quite large. If broadband access is delivered to a single customer in that block, the entire block is counted as having service. We must be able to count those within the census block who are unserved.

We commend all members of the Senate Commerce Committee for their active oversight and leadership on this issue and recommend three actions the committee could take to encourage the FCC to more quickly close the broadband gap:

  1. Remove “could provide” from the question in Form 477. We should measure actual progress, not hypothetical progress, and make funding decisions on real access data.
  2. Use both availability and actual usage (and/or subscription data) to guide investments and communicate progress moving forward. 
  3. Fix the availability data collection and reporting challenges prior to releasing a new report on broadband mapping.

Big Telecom companies are suppressing fast internet

Keith Spencer  |  Salon

A Q&A with Harvard professor Susan Crawford. 

"The decay [of competitive internet options] started in 2004 when — maybe out of gullibility, maybe out of naivety, maybe out of calculation —then-chairman of the Federal Communications Commission, Michael Powell — now the head of cable association — was persuaded that the telecommunication companies would battle it out with the cable companies, that their cable modem services would battle it out with wireless, and all of that competition would do a much better job than any regulatory structure could at ensuring that every American had a cheap and fantastic connection of the internet. That’s just turned out that’s just not true," Crawford said. "Since then, he deregulated the entire sector — and as a result, we got this very stagnant status quo where in most urban areas — usually the local cable monopoly has a lock in the market and can charge whatever it wants for whatever type of quality services they're providing, leaving a lot of people out…. poor people, people of color in urban areas. And the rural situation is especially dire. It’s an issue that probably isn’t on most politicians’ radar screens." She continued, "That’s the story. It’s a failure of leadership, imagination, and technology. The lack of regulation makes things worse, and the private market isn’t providing high-speed internet."

Internet companies spend billions to get people connected

Sara Fischer, Kim Hart  |  Axios

The world’s biggest tech companies are spending billions of dollars on projects to get more people around the world connected to the internet. Facebook is in talks to develop an underwater data cable ring around Africa. Facebook and other tech companies have been partnering with traditional internet providers around the world to invest in underwater cables, which make most internet connections around the world possible, because the investment can require tons of cash upfront. The internet space race is also heating up, as Amazon said that it will launch thousands of satellites into space to provide internet around the world via a new effort called Project Kuiper. Microsoft launched its Airband initiative, which uses a mix of technologies including vacant broadcast airwaves, to cobble together connectivity for unserved rural areas.

Tech companies are pushing into the broadband space as many internet service providers (like Verizon, AT&T, and Comcast) are buying up media properties to own more of the content that flows through those pipes. Because fewer people are paying for cable subscriptions, many of those companies are trying to expand their broadband businesses to accommodate the proliferation of streaming services. This means that instead of racing to add new connections, some telecom providers are pushing to make more money off of existing customers.

Platforms

Senators Introduce Legislation to Ban Manipulative 'Dark Patterns'

Sen Mark Warner (D-VA)  |  Press Release  |  US Senate

Sens. Mark R. Warner (D-VA) and Deb Fischer (R-NE) have introduced the Deceptive Experiences To Online Users Reduction (DETOUR) Act, bipartisan legislation to prohibit large online platforms from using deceptive user interfaces, known as “dark patterns” to trick consumers into handing over their personal data. The term “dark patterns” is used to describe online interfaces in websites and apps designed to intentionally manipulate users into taking actions they would otherwise not take under normal circumstances. These design tactics, drawn from extensive behavioral psychology research, are frequently used by social media platforms to mislead consumers into agreeing to settings and practices advantageous to the company. Dark patterns can take various forms, often exploiting the power of defaults to push users into agreeing to terms stacked in favor of the service provider. Some examples of such actions include: a sudden interruption during the middle of a task repeating until the user agrees to consent; a deliberate obscuring of alternative choices or settings through design or other means; or the use of privacy settings that push users to ‘agree’ as the default option, while users looking for more privacy-friendly options often must click through a much longer process, detouring through multiple screens. Other times, users cannot find the alternative option, if it exists at all, and simply give up looking. The result is that large online platforms have an unfair advantage over users and potential competitors in forcing consumers to give up personal data such as their contacts, messages, web activity, or location to the benefit of the company. 

The legislation:

  • Enables the creation of a professional standards body, which can register with the Federal Trade Commission (FTC), to focus on best practices surrounding user design for large online operators. This association would act as a self-regulatory body, providing updated guidance to platforms on design practices that impair user autonomy, decision-making, or choice, positioning the FTC to act as a regulatory backstop.
  • Prohibits segmenting consumers for the purposes of behavioral experiments, unless with a consumer’s informed consent. This includes routine disclosures for large online operators, not less than once every 90 days, on any behavioral or psychological experiments to users and the public. Additionally, the bill would require large online operators to create an internal Independent Review Board to provide oversight on these practices to safeguard consumer welfare. 
  • Prohibits user design intended to create compulsive usage among children under the age of 13 years old.
  • Directs the FTC to create rules within one year of enactment to carry out the requirements related to informed consent, Independent Review Boards, and Professional Standards Bodies.

Republicans and Democrats have completely different priorities on tech

Lil Zhou  |  Vox

Congress will hold not one — but two — hearings scrutinizing the alleged failings of Big Tech the week of April 8. Both are dedicated to probing the industry’s flaws, but each will be sending very different messages. On April 9,  the Democratic-controlled House Judiciary Committee will investigate the role that tech has played in the proliferation of white nationalism. On April 10, the Republican-controlled Senate Judiciary Committee will look into questions of how tech companies have enabled potential censorship of differing political perspectives. The gripes from the two different parties actually converge on the same fundamental problem: they aren’t satisfied with the way tech companies moderate content. Carving out exceptions in Section 230 is one way lawmakers could increase accountability for issues like hate speech, but it could also cripple the way that such platforms — and the broader internet — operates, tech groups have argued. 

Senators Blackburn, Klobuchar ask FTC to disclose whether it is investigating Google

Press Release  |  Sen Marsha Blackburn (R-TN) | US Senate

Sens Marsha Blackburn (R-TN) and Amy Klobuchar (D-MM) sent a letter to the Federal Trade Commission asking the FTC to address concerns regarding potential privacy, data security, and antitrust violations involving online platforms. “Tennesseans are rightly concerned about who owns their Virtual You,” Sen Blackburn said. “They want to be certain that their privacy is protected in both the physical and virtual space. The FTC has a responsibility to hold technology companies accountable for securing their platforms. My hope is that through this bipartisan effort we will shed light on the need to protect competition and online privacy to keep up with the fast pace of changes in technology. Companies like Facebook and Google have transformed society in revolutionary ways and need to recognize that with that power comes the responsibility to secure their online platforms.” “In the past few years, rapid changes in technology have reshaped our economy and transformed the daily lives of millions of Americans—in many ways for the better. But during that same time, a small number of firms have grown to dominate key digital markets,” Sen Klobuchar wrote. “This type of market dominance has amplified concerns about how those companies protect consumers’ online information and about possible anticompetitive conduct that could harm consumers, innovation, and small business growth.”

Television/Radio

NAB Show: FCC Commissioners Talk Industry Competition and Push for More Diverse Ownership

Michael Malone  |  Broadcasting&Cable

Federal Communications Commissioners Michael O’Rielly, Brendan Carr, and Geoffrey Starks, spoke at a panel at the 2019 National Association of Broadcasters Commissioner show. Commissioner Carr emphasized the importance of getting out and about to see how ownership groups operate. He said ownership rules were scripted when the morning paper and evening newscast represented the extent of local news voices. "The market you all compete in today is vastly different,” he said, singling out Pandora, Spotify, and the “Silicon Valley giants” as prominent competitors to local TV. “We’re mindful of the tremendous competition you are facing.” Without singling out any groups, Commissioner Starks mentioned massive local broadcast corporations writing news scripts to be shared throughout the group, and the country, and lamented the lack of localism in those cases. He said that, with over 1,300 TV stations nationwide, 102 are owned by women, 62 by Latinos, 12 by African-Americans and 10 by Asians. “Diversity in media ownership is something that’s become critically important to me,” he said, calling it “deeply troubling” when station ownership does not reflect our nation.

Communications and Democracy

Rep. Nunes suses newspaper chain, alleges 'character assassination'

Joe Concha  |  Hill, The

Rep Devin Nunes (R-CA) filed a $150 million lawsuit against the McClatchy Company, alleging "character assassination" by the newspaper chain, which owns The Fresno Bee in his home state. Rep Nunes claimed in a Virginia state court that Republican consultant Liz Mair conspired with McClatchy reporter MacKenzie Mays to spread smears and falsehoods, including an allegation the congressman "was involved with cocaine and underage prostitutes" during a 2015 charity yacht party. “If you’re out there and you lied and you defamed, we are going to come after you,” Rep Nunes said.  McClatchy said they stood by the paper's reporting. “With the limited opportunity we have had to review this claim, it is wholly without merit and we stand behind the strong reporting of The Fresno Bee,” a McClatchy spokeswoman said. 

Stories From Abroad

The UK’s online laws could be the future of the internet—and that’s got people worried

James Ball  |  Analysis  |  MIT Technology Review

Aiming to tackle well-defined harms such as hate crime, stalking, and terrorist activity alongside issues such as trolling and disinformation, the United Kingdom government proposes combining work done across eight or more separate regulators into one. This new "super-regulator" could have powers to fine technology companies according to their revenue, or even to block them. It could also be able to prosecute individual executives. The proposed body could be funded either by an industry levy or from the proceeds of any enforcement fines it imposed. The proposals have raised interest among academics and observers, and alarm among privacy campaigners. The former note that while the document is scant on details despite being tens of thousands of words long, it sets out a clear direction in a way few countries have been willing to do. But the latter fear that the way it is implemented could easily lead to censorship for users of social networks rather than curbing the excesses of the networks themselves. Such impressions were not helped when Home Secretary Sajid Javid endorsed the concept, at least, of pre-moderating content before it was published. “The government’s proposals would create state regulation of the speech of millions of British citizens,” says Jim Killock, executive director of digital privacy advocates, Open Rights Group.

Facebook Bends to European Union Pressure on ‘Misleading’ Fine Print

Sam Schechner  |  Wall Street Journal

Facebook has bowed to demands from European Union regulators to change what the bloc had called its misleading terms of service, the latest example of a broader effort by governments globally to exercise more control over tech firms.  The European Commission said that Facebook has agreed to address a list of outstanding concerns that it and a group of national consumer-protection authorities had articulated about the company’s terms of service. The changes will be made by June, the commission said. Among the commitments the commission disclosed, Facebook will spell out for users how it makes money by using personal information about them to sell targeted advertising, and clarify that it can be held liable for misuse of user data when it “has not acted with due professional diligence.” “Today Facebook finally shows commitment to more transparency and straightforward language in its terms of use,” said Vera Jourová, the EU’s commissioner for justice, consumers and gender equality. Facebook said that it made the “several of the updates” as a result of work with EU consumer-protection regulators, but would make those changes globally.

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