Daily Digest 5/15/2020 (Broadband and COVID Recovery)

Benton Institute for Broadband & Society
Table of Contents

Broadband/Internet

Broadband HEROES  |  Read below  |  Kevin Taglang  |  Analysis  |  Benton Institute for Broadband & Society
FCC Authorizes Over $7.5 Million for Rural Broadband Projects  |  Read below  |  Public Notice  |  Federal Communications Commission
USDA Ends Round One of the ReConnect Program  |  Read below  |  Press Release  |  Department of Agriculture
USDA Invests More Than $500,000 in High-Speed Broadband in Rural Iowa  |  Read below  |  Press Release  |  Department of Agriculture
FCC shouldn't delay broadband upgrades for better data, industry tells lawmakers  |  Read below  |  StateScoop
ILSR Challenges Frontier's Attempt to Block Rural Broadband Upgrades  |  Read below  |  Katie Kienbaum  |  Press Release  |  Institute for Local Self-Reliance
ISPs seek compensation to Keep Americans Connected  |  Read below  |  Linda Hardesty  |  Fierce
Emergency Broadband Funds Critical for Small Business Recovery Efforts and 5G Goals  |  Read below  |  Chip Pickering  |  Letter  |  Incompas
Is the US Government’s Lifeline Service Really a Lifeline?  |  Read below  |  Emmanuel Martinez  |  Markup, The
Fact Checking the New Taxpayers Protection Alliance Report, GON With the Wind  |  Read below  |  Christopher Mitchell, Katie Kienbaum, Jess Del Fiacco, Ry Marcattilio-McCracken  |  Analysis  |  Institute for Local Self-Reliance
Under Social Distancing, Rural Regions Push For More Broadband  |  Read below  |  April Simpson  |  Pew Charitable Trusts
Consumer Reports and Access Now Call for FCC to Expand Broadband Access in Response to COVID-19 Crisis  |  Read below  |  Press Release  |  Consumer Reports
Reps Haaland, Cole, and Sen Heinrich Introduce Bill to Unleash Emergency Access to Broadband Internet in Indian Country  |  Read below  |  Rep Deb Haaland (D-NM)  |  House of Representatives
Promoting Platform Interoperability  |  Read below  |  Becky Chao, Ross Schulman  |  Research  |  New America

Wireless

Wi-Fi is a lifeline in the pandemic. It's harder to get if you're homeless  |  Read below  |  Laura Hautala  |  C|Net
Senator Kennedy statement on Intelsat bankruptcy  |  Read below  |  Sen John Kennedy (R-LA)  |  Press Release  |  US Senate
NAB Points to C-BAnd Moving Cost Underestimates  |  Broadcasting&Cable
National Advertising Division of Better Business Bureau Asks Verizon to Drop 5G Claim  |  Read below  |  John Eggerton  |  Multichannel News
The fear that wireless technology is slowly killing us isn’t new—and it doesn’t appear to be going away anytime soon  |  Atlantic, The
T-Mobile will begin eliminating the Sprint brand summer 2020  |  Fierce
AT&T's Stankey: Expect a slow climb out from COVID-19 hole this year  |  Fierce
Shane Tews: Virtualized networks and O-RAN will be key for American 5G success  |  American Enterprise Institute

Telecommunications

FCC Extends Temporary Waivers For Relay Services Rules During Pandemic  |  Federal Communications Commission
Microsoft acquires Metaswitch in telecom push  |  CNBC

Education

Some US schools are pulling the plug on distance learning  |  Read below  |  Associated Press
The children being left behind by America’s online schooling  |  Technology Review
We Might Have Gotten Remote Learning Wrong. We Can Still Fix This School Year  |  Education Week
Sen Manchin, FCC Commissioner Rosenworcel Encourage Lewis County High School to Submit Speed Tests During COIVD-19 Pandemic  |  Read below  |  Sen Joe Manchin (D-WV)  |  US Senate
Virtual victory? Hamilton County (TN) educators confident with connection to students during stay-at-home orders  |  Read below  |  Meghan Mangrum  |  Chattanooga Times free Press

Content/Platforms

The COVID-19 misinformation crisis is just beginning, but there is hope  |  ars techncia

Emergency Communications

Voice communications are a fundamental need for public safety, and a key part of the Roadmap  |  First Responder Network Authority
Commissioner O'Rielly Letter to Nevada Dept of Public Safety re: 9-1-1 Fee Diversion  |  Federal Communications Commission

Security/Privacy

Senate passes FISA surveillance reform bill, paving way for House passage  |  Read below  |  Ellen Nakashima  |  Washington Post
Limits on FBI access to search histories fails by one Senate vote  |  Read below  |  Timothy Lee  |  Ars Technica
Notice on the Continuation of the National Emergency on Securing Information and Communications Tech and Services Supply Chain  |  White House
ACLU Demands Student Privacy Protections, Equal Remote Learning Access  |  Read below  |  Press Release  |  American Civil Liberties Union
Public Health Emergency Privacy Act, containing contact tracing privacy measures, introduced in House and Senate  |  Multichannel News
Experts call Republican coronavirus data privacy bill ‘profoundly flawed’  |  Daily Dot
The Workplace-Surveillance Technology Boom  |  New America
The Confessions of Marcus Hutchins, the Hacker Who Saved the Internet  |  Wired

Television

Inside HBO Max, the $4 Billion Bet to Stand Out in the Streaming Wars  |  Variety

Labor

Tech companies’ work from home policies have some workers ready to flee Silicon Valley  |  Vox
Silicon Valley Rethinks the (Home) Office  |  Wired

Journalism

Washington Post tells employees to work remotely until September  |  Washington Post
Quartz to Lay Off 80 Employees  |  New York Times

Elections

Biden camp's bridges to tech  |  Axios
Analysis: New Jersey lawsuit tries to block Internet voting in the state  |  Washington Post

Postal Service

Postal Service to review package delivery fees as President Trump influence grows  |  Washington Post

Policymakers

Trump nominee to head US Agency for Global Media is under investigation  |  Read below  |  Seung Min Kim  |  Washington Post, New York Times

Stories From Abroad

Facebook Investment in Africa to Expand Internet Capacity Moves Ahead  |  Read below  |  Drew FitzGerald  |  Wall Street Journal
How Gamers Powered Super-Fast Internet Abroad  |  Wired
France to go ahead with digital tax this year regardless of possible international deal  |  Reuters

Life As We Know It Now

Americans falling back into old habits  |  Read below  |  Press Release  |  Verizon
TV is the medium of our coronavirus plague year. Here are 6 reasons why  |  Los Angeles Times
Today's Top Stories

Broadband/Internet

Broadband HEROES

Kevin Taglang  |  Analysis  |  Benton Institute for Broadband & Society

On May 12, House Democrats unveiled the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act. "We are presenting a plan to do what is necessary to address the corona crisis," said House Speaker Nancy Pelosi as she announced the legislation. Since more people are relying on home broadband service than ever before -- after all, broadband puts the "distance" in social distancing -- the HEROS Act includes many provisions to get a lot more people in the US connected and safe. As we go to press, the House of Representatives plans to vote on the HEROES Act later today and the measure is likely to pass. Prospects in the Senate are not as good. Senate Majority Leader Mitch McConnell (R-KY) has said there is no "urgency." The Senate will wait until after Memorial Day to consider COVID response options. Republicans are wary of another round of aid and Sen. McConnell declared the Democratic proposal a grab bag of "pet priorities." He said it is not something that "deals with reality." The reality for voters, however, may be in the numbers: 85,000 deaths, nearly 1.5 million cases, and, of course, nearly 37 million people filing for unemployment insurance. 

FCC Authorizes Over $7.5 Million for Rural Broadband Projects

Public Notice  |  Federal Communications Commission

The Federal Communications Commission authorized over $7.5 million in funding over ten years to expand rural broadband in Arizona, Colorado, Illinois, Missouri, Nebraska, New York, and Oklahoma. These investments will connect over 3,100 unserved rural homes and businesses. Providers will begin receiving the funds later in May. The funding represents the 12th wave of support from the successful 2018 Connect America Fund Phase II auction. Providers must build out to 40% of the assigned homes and businesses in the areas won in a state within three years. Buildout must increase by 20% in each subsequent year, until complete buildout is reached at the end of the sixth year. The funding being authorized in New York is the fourth wave of matching funds provided through the FCC’s partnership with the state’s New NY Broadband Program.

The FCC has now authorized twelve waves of funding, and May 14’s action brings total authorized funding to over $1.444 billion, which is expanding connectivity to 632,420 homes and businesses nationwide. Funding rounds will continue until the authorization process is complete.

USDA Ends Round One of the ReConnect Program

Press Release  |  Department of Agriculture

On May 14, the US Department of Agriculture made its final funding announcement under the round one of the ReConnect Program. Since October 2019, USDA has invested $744 million to bring high-speed broadband e-Connectivity to approximately 172,000 households, 19,000 rural small businesses and farms, and more than 500 health care centers, educational facilities, and critical community facilities located in 34 states.

On April 20, 2020, USDA announced the Department has received 172 applications for $1.57 billion in round two of the ReConnect Program. The second round will enable USDA to implement innovative new solutions to rural connectivity by leveraging financial options with our partners and continue the success of the first round of funding. The application window for round two closed on April 15. USDA received 11 round two ReConnect Program applications that are eligible for the $100 million Congress allocated to the program through the CARES Act. USDA is reviewing applications and announcing approved projects on a rolling basis. Additional investments in all three categories will be made in the coming weeks.

USDA Invests More Than $500,000 in High-Speed Broadband in Rural Iowa

Press Release  |  Department of Agriculture

The US Department of Agriculture is investing more than $500,000 to provide broadband service in unserved and underserved rural areas in Iowa. In rural Iowa, Breda Telephone Corp. will use a $523,749 grant to deploy a Fiber-to-the Home (FTTH) network to connect 113 people, 20 farms and nine businesses in Arcadia, Iowa, in Carroll County to broadband e-Connectivity.

FCC shouldn't delay broadband upgrades for better data, industry tells lawmakers

  |  StateScoop

Efforts from the Federal Communications Commission to expand both fixed-wireless and mobile broadband across rural America will require more granular data to reach their full potential, but deployment efforts shouldn’t be delayed any longer, according to industry stakeholders and legislators testifying at a Senate hearing. The FCC has acknowledged that its data-collection processes are fundamentally flawed as carriers have overstated coverage in their self-reported map data. FCC Chairman Ajit Pai announced earlier that a new, more granular “Digital Opportunity Data Collection” process will eventually replace its outdated methodology, but commissioners disagree on how long that will take to implement. Chairman Pai said in March that he didn’t know how long it would take the FCC to improve its maps, while fellow FCC Commissioner Jessica Rosenworcel estimated it would take three to six months.

Steven Berry, chief executive of the Competitive Carriers Association, said choosing between accurate maps and expediting infrastructure funds is a “false choice” that FCC Chairman Ajit Pai laid out when he testified at a hearing in March that the FCC wouldn’t be able to improve its coverage maps in a matter of months. “We can walk and chew chewing gum at the same time,” Berry said. “I think we can identify where the holes are by gathering the data. It’s a matter of months to get the data, not years.”

ILSR Challenges Frontier's Attempt to Block Rural Broadband Upgrades

Katie Kienbaum  |  Press Release  |  Institute for Local Self-Reliance

After Frontier Communications claimed that it now offers broadband in 17,000 rural census blocks in an effort to remove those areas from the Federal Communications Commission’s upcoming rural broadband funding program, the Institute for Local Self-Reliance filed comments with the FCC to draw attention to Frontier’s questionable claims. “We are concerned that Frontier may have overstated its capacity to actually deliver the claimed services in many areas,” the comments read. "Allowing Frontier to so remove hundreds of thousands of Americans from one of the most significant rural broadband programs in history would send a strong message that there is no claim too far that the Commission will be skeptical of . . . Frontier is all but inviting the Commission to make an example of it and serve notice that the Commission intends to ensure Americans in rural regions have real opportunities to connect rather than continuing to play games with bankrupt firms."

ISPs seek compensation to Keep Americans Connected

Linda Hardesty  |  Fierce

The nation’s internet service providers, both for fixed and mobile services, are beginning to see the economic impacts from their pledge to not disconnect customers during the COVID-19 crisis. US Telecom CEO Jonathan Spalter told the Senate Commerce Committee, “As the first billing cycle since the outbreak of COVID-19 comes to an end, many are starting to see that doing the right thing (maintaining service, in some cases without payment) is coming at a substantial cost.” He applauded the move by a bipartisan group of senators who’ve introduced a bill that would appropriate $2 billion for small broadband providers to recompensate them for providing free broadband services. The bill is endorsed by NTCA—the Rural Broadband Association, WTA – Advocates for Rural Broadband and the Wireless Internet Service Providers Association (WISPA).

The big mobile operators haven't asked for any kind of recompensation due to their Keep Americans Connected pledge. But they have reported a spike in bad debt. Verizon CEO Hans Vestberg said that about 2.5% of Verizon’s customers, or about 800,000, were unable to pay their bill because of financial problems they were experiencing related to COVID-19. AT&T’s CFO John Stephens said, “As a result of COVID, we anticipate an increase in bad debt expense across the various businesses, and accordingly, have recorded a $250 million incremental reserve in anticipation of that.”

Emergency Broadband Funds Critical for Small Business Recovery Efforts and 5G Goals

Chip Pickering  |  Letter  |  Incompas

In a letter sent to the Senate Commerce Committee, INCOMPAS highlights the risks to networks that support small businesses, schools and hospitals during COVID-19’s economic disruptions. The group is calling for an emergency fund to help small business customers who are unable to pay their bills, yet still need access to essential services during the pandemic and the recovery. “Small businesses are the engine of America’s economy. But Main Street simply will not run without broadband and voice communication services,” said Chip Pickering, CEO of INCOMPAS. The letter also highlights that no network is an island, and loss of revenue in the business marketplace will harm other provider’s connections and infrastructure investment in wireless and 5G.

Is the US Government’s Lifeline Service Really a Lifeline?

Emmanuel Martinez  |  Markup, The

Lifeline is a Federal Communications Commission program that provides subsidized phone and internet services to low-income people and families. Those who use the program are provided with a landline phone, cellphone, or at-home broadband for free or at a discounted rate. But many lawmakers say the government is not promoting the service aggressively enough. More than 140 senators and representatives wrote a letter to the FCC asking the agency to work with the Department of Agriculture and the Department of Health and Human Services to notify people who qualify for the Supplemental Nutrition Assistance Program (SNAP) and Medicaid that they can also receive discounted phone or broadband services. Legislators are also asking the FCC if it knows the number of individuals who are newly eligible for the program since the COVID-19 outbreak and if it knows how many of those potential users have actually enrolled. Advocates say not enough people know about the program, that there needs to be better outreach and marketing. Many say that the program must also evolve to meet today’s broadband demands. 

Fact Checking the New Taxpayers Protection Alliance Report, GON With the Wind

Christopher Mitchell, Katie Kienbaum, Jess Del Fiacco, Ry Marcattilio-McCracken  |  Analysis  |  Institute for Local Self-Reliance

The Taxpayers Protection Alliance has returned with another puzzling attempt to discredit municipal broadband networks. TPA’s report offers 30 short case studies and there is no explanation of how TPA chose this odd subset of municipal networks. Yet they allege a failure of the network or failure to pay debt in only 9 of its examples. One of the claims of failure, North Carolina’s Wilson, relies solely on a false claim that was quietly retracted years ago by Christopher Yoo at the University of Pennsylvania, who admitted he did not understand the revenue bonds he was criticizing. To be clear, TPA chose 30 municipal networks to make its argument and can only accurately claim 8 out of 30 networks as failures.

Under Social Distancing, Rural Regions Push For More Broadband

April Simpson  |  Pew Charitable Trusts

As the coronavirus pandemic lays bare America’s digital divide, some advocates argue that now is the time to make a big, bold investment in the country’s broadband infrastructure. So far, some critics argue, federal aid to rural areas — and federal money for rural broadband in particular — has fallen short. The $2 trillion CARES Act, which Congress passed in late March, included money for states, big cities and large counties, but it did not directly funnel cash to communities with fewer than 500,000 residents. Fourteen states, including hard-hit Iowa, Louisiana and Mississippi, have no urban or rural counties that qualified for those direct payments. And given the revenue losses to state budgets across the country, it’s unclear how much of the federal money states can afford to give to local governments.

Some states are considering using some of their CARES Act money to expand broadband to underserved areas. If their efforts are successful, rural areas will be among the biggest beneficiaries. In Vermont, which is one of the states considering using its federal aid to invest in broadband, it’ll take three months from the time the state receives the money and approves the necessary legislation to even choose a contractor, according to the Vermont Department of Public Service, which would oversee the project. It will take at least three years to complete the work.

Consumer Reports and Access Now Call for FCC to Expand Broadband Access in Response to COVID-19 Crisis

Press Release  |  Consumer Reports

Consumer Reports and Access Now are calling on the Federal Communications Commission to immediately expand broadband internet access for people struggling during the COVID-19 crisis. The organizations are filing petitions at the FCC signed by more than 63,000 concerned citizens. The petitions call for the FCC and Congress to support an expansion of the Lifeline program that provides a discount for broadband internet service to qualifying low-income consumers.

“Millions of people in the United States must stay home in order to limit the spread of COVID-19, and without internet access, communities at risk who were already struggling economically will be hit the hardest by this national emergency. It is up to you to ensure that everyone can afford critical communication services during this devastating crisis.  Unfortunately, the current pandemic has exposed just how pervasive and persistent the digital divide is in 2020.”

Reps Haaland, Cole, and Sen Heinrich Introduce Bill to Unleash Emergency Access to Broadband Internet in Indian Country

Rep Deb Haaland (D-NM)  |  House of Representatives

Co-Chairs of the Congressional Native American Caucus Deb Haaland (D-NM) and Tom Cole (R-OK), and Sen Martin Heinrich (D-NM), announced the introduction of the COVID-19 DISASTER in Indian Country Act to unleash emergency access to broadband internet in Indian Country. The bill will direct the Federal Communications Commission to grant Indian tribes emergency special temporary authority of available spectrum on tribal lands so they can immediately deploy broadband networks on tribal lands during this pandemic. The bill has more than 200 endorsements from across the country, including more than 100 Tribe and Native Hawaiian communities. Specifically, the COVID-19 DISASTER in Indian Country Act will deploy wireless networks in Indian Country by:

  • Granting Tribes emergency temporary authority of available spectrum support wireless networks on tribal lands
  • Creating new emergency COVID-19 tribal funding through the US Department of Agriculture's Community Facility Grant Program:
    • $297,500,00 for immediate deployment of tribal broadband networks — including repairs to existing damaged infrastructure and backhaul costs; and
    • $3,000,000 for technical assistance and training for immediate tribal broadband deployment
  • Setting new 10-day FCC timeline to designate emergency spectrum authority within 10 days of receiving request
  • Extending Emergency Special Temporary Authority of spectrum on tribal lands to operate for at least 6 months

Promoting Platform Interoperability

Becky Chao, Ross Schulman  |  Research  |  New America

Interoperability is a promising lever for regulators to use in their efforts to oversee and correct monopolistic abuses amongst the dominant online platforms. It has a unique ability to promote and incentivize competition—especially competition between platforms—and can also offer users greater privacy and better control over their personal data generally. This report examines interoperability—the ability for disperate computer systems and services to interact and exchange data—as a principle that underlies the operation of the internet in all its parts, discusses why online competition problems present unique challenges to regulation, addresses the privacy and security risks raised by interoperability and appropriate mitigations for those risks, and explains how interoperability can directly increase platform competition on the internet.

Wireless

Wi-Fi is a lifeline in the pandemic. It's harder to get if you're homeless

Laura Hautala  |  C|Net

With most of the US under orders to stay at home, many people are relying on their phones and computers to stay connected to the outside world through the internet. The roughly 550,000 homeless people in the US also need these services but are struggling to protect phones from thieves, keep them charged and connect them to the internet. And many people who aren't homeless still don't have an internet connection where they live. As a result, people can't access quick information about unemployment benefits, the status of their stimulus check and other vital services millions of people are relying on as the economy reels. People with children are also struggling to keep kids connected to school.  Social services, city governments and libraries are trying to fill the gap by providing tech, internet connections, and important updates about the virus to people who need it. People are accessing Wi-Fi from outside library buildings or with borrowed Wi-Fi hotspots. Electricity is available in some city-sanctioned encampments and at public charging stations. 

Senator Kennedy statement on Intelsat bankruptcy

Sen John Kennedy (R-LA)  |  Press Release  |  US Senate

Intelsat’s decision to file for bankruptcy reveals what many suspected all along: Intelsat had no intention of accepting the FCC’s deal. The [Federal Communications Commission] should withdraw its offer, take control of America’s spectrum and save taxpayers billions of dollars instead of shelling out that money to foreign companies.

National Advertising Division of Better Business Bureau Asks Verizon to Drop 5G Claim

John Eggerton  |  Multichannel News

The National Advertising Division (NAD) of the Better Business Bureau says that Verizon's claims in TV ads that it is "building the most powerful 5G experience for America" is not supported by the evidence and recommended that it discontinue or modify that claim. AT&T had complained about the ads, which promote 5G service in sports venues, to the NAD, which is the investigative unit of the ad industry's self-regulatory unit. NAD singled out the implied claim that Verizon is currently delivering that "most powerful 5G experience," and "unqualified superiority claim" in the present tense that is not supported by evidence, NAD concluded.

Education

Some US schools are pulling the plug on distance learning

Many districts around the US have pulled the plug on distance learning. It's too stressful, the lack of devices and internet access is too much to overcome, and what students get from it just isn't worth the struggle. Districts around the country are ending the school year early including Omaha and some nearby suburban districts in Nebraska, Washington (DC), and some in New Hampshire. Officials say they want to relieve stress on families, ease problems for students without internet access, and focus on preparing for a fresh start in the fall. Scintilla Charter Academy in Valdosta (GA) Dean of School Mandy Avera said her families were “stressed and overwhelmed” by online learning. The school covers kindergarten through sixth grade, and Avera is among educators who question whether younger children can successfully acquire critical skills like learning to read without a face-to-face interaction with a teacher.

Sen Manchin, FCC Commissioner Rosenworcel Encourage Lewis County High School to Submit Speed Tests During COIVD-19 Pandemic

Sen Joe Manchin (D-WV)  |  US Senate

Sen Joe Manchin (D-WV) and Federal Communications Commissioner Jessica Rosenworcel encouraged Lewis County High School students to submit broadband speed tests while they are learning from home during the COVID-19 pandemic. Sen Manchin will send these speed tests to FCC Chairman Ajit Pai to advocate for the FCC to create a public feedback system and fix their broadband coverage maps, which determine where federal funding goes to expand broadband coverage. “Everyone in West Virginia knows that many areas of our state lack reliable broadband coverage and the COVID-19 pandemic has made this disparity even more clear. Commissioner Rosenworcel and I are teaming up with the students of Lewis County High School to submit tests to the FCC to prove that their broadband coverage maps are plain wrong and need fixed before millions of dollars are incorrectly distributed to expand broadband coverage,” said Sen Manchin. “I look forward to working with the students of Lewis County High to push the FCC to fix their maps so that all students in West Virginia have reliable broadband access to complete their schoolwork during this crisis and beyond. And thank you Commissioner Rosenworcel for continuing to be a great ally to West Virginia and our efforts to expand reliable broadband. If you would like to submit a speed test, please visit https://www.manchin.senate.gov/speedtest.”

Virtual victory? Hamilton County (TN) educators confident with connection to students during stay-at-home orders

Meghan Mangrum  |  Chattanooga Times free Press

Despite Hamilton County (TN) Schools' efforts to ensure students had technology and teachers had a game plan, many educators say academic engagement wasn't where they'd like it to be. In many cases, access to broadband internet or Wi-Fi was the biggest barrier for student learning. Despite Chattanooga (TN) recently being recognized as a 2020 Digital Inclusion Trailblazer for the city's efforts to promote broadband services, Hamilton County Schools officials estimate that at least 1 in 4 students lack access to the internet at home. Even though middle and high school students already had access to Chromebooks before schools closed — and the district gave out hundreds to elementary school students — some still had to sit in parking lots outside of schools or churches to get online. As of May 13, district officials confidently said that fewer than 300 of Hamilton County's nearly 45,000 students have not been able to be reached or contacted by a school official during this last week of school. 

Security/Privacy

Senate passes FISA surveillance reform bill, paving way for House passage

Ellen Nakashima  |  Washington Post

The Senate adopted a package of surveillance reforms its backers say will help rein in abuses, following an inspector general report that found fault with the FBI’s handling of an investigation into a former Trump campaign aide. The 80-to-16 vote paves the way for final House passage of the bill to renew the USA Freedom Act. The Democratic House leadership is assessing when to take it up, apparently. The law expired in mid-March, leaving the FBI without several surveillance tools it considers crucial, but the bureau was able to continue to use those powers in investigations that had already been opened. At the same time, liberals, who have been critical of the surveillance process since long before the Carter Page controversy erupted, have seen the bill as a vehicle to push for deeper surveillance reforms to protect civil liberties.

The House had passed the original package in March, but when the Senate finally took it up this week, it amended the bill to strengthen third-party oversight of the process used to obtain court approval for wiretaps and searches in espionage and counterterrorism investigations under the Foreign Intelligence Surveillance Act, or FISA. The House must now take up the Senate version.

Limits on FBI access to search histories fails by one Senate vote

Timothy Lee  |  Ars Technica

An effort to protect Americans' browsing and search histories from warrantless government surveillance failed by a single vote in the Senate on May 13. The privacy measure, sponsored by Sens Ron Wyden (D-OR) and Steve Daines (R-MT) got 59 votes, one vote fewer than was needed to overcome a filibuster. The vote was over a section of federal surveillance law that was originally part of the USA Patriot Act in 2001. That provision, known as Section 215, gave the FBI the power to obtain "any tangible thing," including "books, records, papers, documents, and other items," without a warrant. The provision was only supposed to be used for foreign intelligence investigations, not ordinary criminal investigations. Civil liberties groups have long criticized it for its breadth and weak judicial oversight. Section 215 expired back in March, and the Senate is working on legislation to re-authorize it. The current Senate draft prohibits the FBI from using the provision to obtain cell phone location data—though the Supreme Court has already ruled that this information is constitutionally protected, so this may have little practical impact.

On May 13, Sens Wyden and Daines offered an amendment to the reauthorization bill that would stop the FBI from obtaining "Internet website browsing information or Internet search history information" using the Patriot Act. That would force the agency to use other processes—with stricter judicial oversight—to obtain that kind of information. A majority of senators—59 out of 100—supported the amendment. 

ACLU Demands Student Privacy Protections, Equal Remote Learning Access

Press Release  |  American Civil Liberties Union

Even during a pandemic, governments have a legal obligation to provide all students equal access to an adequate education, the American Civil Liberties Union and over 25 ACLU state chapters warned in letters to state and local leaders nationwide. To help meet this obligation during the COVID-19 pandemic, the ACLU is demanding Congress and state and local governments ensure all students have equal access to the technologies that make effective remote learning possible, and that strong and uniform privacy safeguards are in place to protect students in the virtual classroom. The ACLU is also calling on Congress to provide billions of dollars in funding as part of the next COVID-19 relief package to meet the broadband access and technology needs of students and other impacted individuals.

In its letter to Congress, the ACLU is urging members to provide $2-3 billion per month for the duration of the crisis and for at least 30 days after the crisis ends for an emergency benefit to make broadband services available to all eligible low-income households and all households experiencing hardship as a result of the pandemic. To help students further, the organization is also calling on Congress to provide $4 billion for an Emergency Connectivity Fund, proposed by Rep Grace Meng (D-NY) and Sen Ed Markey (D-MA), that would cover immediate assistance for students and library patrons that need access to technology to engage in remote and distance learning in their homes.

Policymakers

Trump nominee to head US Agency for Global Media is under investigation

Seung Min Kim  |  Washington Post, New York Times

Senate Foreign Relations Committee Ranking Member Robert Menendez (D-NJ) says Public Media Lab, a nonprofit organization that is run by Michael Pack, is under investigation by the District of Columbia’s attorney general. Pack is President Trump’s nominee to lead the US Agency for Global Media, the federal media agency with oversight of Voice of America and other news outlets. The attorney general’s office is investigating whether Pack’s use of Public Media Lab funds was “unlawful and whether he improperly used those funds to benefit himself.” The DC attorney general informed the committee of the active investigation May 14, the same day that Pack was scheduled to face a key panel vote on his nomination until it was postponed. Pack has been under scrutiny for tax issues since at least September, when CNBC reported that at least $1.6 million in donations from his nonprofit were sent to his independent production company, Manifold Productions. The DC attorney general’s office has asked the Foreign Relations Committee for documents to aid in its investigation.

Stories From Abroad

Facebook Investment in Africa to Expand Internet Capacity Moves Ahead

Drew FitzGerald  |  Wall Street Journal

Facebook’s investment in an enormous underwater internet cable circling Africa will move forward with help from partners in China, Saudi Arabia and Europe. The 2Africa internet project, called Simba in its planning phase, would link 16 African countries with cable routes to Europe and the Arabian Peninsula. The 2Africa system would involve a massive investment even by Silicon Valley standards. The 23,000-mile network is designed to provide more capacity than all of Africa’s existing submarine cables combined, more than doubling the continent’s potential bandwidth. Other investors include units of China Mobile Ltd., South Africa’s MTN Group Ltd., France’s Orange SA, Saudi Telecom Co., Telecom Egypt, U.K.-based Vodafone Group PLC and WIOCC, a telecom company controlled by several African carriers.

Life As We Know It Now

Americans falling back into old habits

Press Release  |  Verizon

The latest Verizon Network Report shows Americans slowly falling back into old habits. On May 13, slightly over 760 million calls were made, falling well below the peak daily call volume during the COVID pandemic at over 860 million calls. Text messaging continues its week over week decline falling another 5% to just under 6 billion texts sent on May 13. That is compared to over 9 billion texts sent at the peak of the COVID pandemic. As call and text volumes fall back towards pre-COVID levels, working and schooling from home continues. VPN usage increased 3% week over week and hit a new peak at 81% higher than a typical pre-COVID day. Use of collaboration tools fell 6% week over week, although still shows an increase of approximately 1200% over a typical pre-COVID day. The report also shows a week over week increase in gaming of 23%, reversing the decline reported last week, and web browsing increased 11% week over week. Meanwhile video streaming remains flat at 36% above a typical pre-COVID day. These usage changes are happening concurrently with people starting to become more mobile. Handoffs (the times when a data session moves from one cell site to another as users walk or drive around) are steadily increasing from the peak of stay-at-home orders (-35% vs. a typical day to -19% vs. a typical day).

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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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Kevin Taglang

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