Daily Digest 8/23/2018 (Opening Day at the Court of Appeals)

Benton Foundation
Table of Contents

Broadband/Internet

Verizon Threatens Public Safety with Throttling, Calls It a “Customer Support Mistake”  |  Read below  |  Press Release  |  County of Santa Clara
Opening Day at the Court of Appeals  |  Read below  |  Andrew Schwartzman  |  Analysis  |  Benton Foundation
INCOMPAS to FCC: Broadband Maps Inadequate, Need for Competition  |  Read below  |  Press Release  |  Incompas
High-Speed Fiber and Drones Power Live-Streaming Accident App in Wilson (NC)  |  Government Technology
Ting launches Centennial's new gigabit internet service  |  Denver Business Journal

Wireless

FCC $2 Billion CAF-II Auction Has Concluded, Results to Be Released in a Few Days  |  Read below  |  Bernie Arnason  |  telecompetitor
FCC denies motion to stop clock on T-Mobile/Sprint deal  |  Read below  |  Monica Alleven  |  Fierce
Tiny Doylestown Borough (PA) battled Verizon over 5G and won a big settlement  |  Read below  |  Bob Fernandez  |  Philadelphia Media Network

Lifeline

Chairman Pai Response Regarding Lifeline Reform  |  Read below  |  FCC Chairman Ajit Pai  |  Federal Communications Commission

New From the FTC

ACA: Smaller ISPS Lack Leverage to Be Anticompetitive Threat  |  Read below  |  John Eggerton  |  Multichannel News

Platforms

Can Facebook, or Anybody, Solve the Internet’s Misinformation Problem?  |  Read below  |  Farhad Manjoo  |  Analysis  |  New York Times
We now know Russia isn't the only foe that's learned to exploit U.S. social media  |  Read below  |  David Pierson  |  Los Angeles Times
Former Facebook security chief: It's 'too late' to secure 2018 elections  |  Hill, The
Facebook Removes Data-Security App From Apple Store  |  Read below  |  Deepa Seetharaman  |  Wall Street Journal
Apple and Google Face Growing Revolt Over App Store ‘Tax’  |  Read below  |  Mark Bergen, Christopher Palmeri  |  Bloomberg
Facebook reinstates data firm it suspended for alleged misuse, but surveillance questions linger  |  Read below  |  Alex Pasternack  |  Fast Company
Fake news detector algorithm works better than a human  |  University of Michigan

Security

The Untold Story of NotPetya, the Most Devastating Cyberattack in History  |  Wired
Democratic National Committee calls FBI after detecting attempt to hack its voter database  |  CNN

Health

Chairman Pai: Connectivity main obstacle of telemedicine  |  Read below  |  Gabrielle Porter  |  Grand Junction Daily Sentinel
How Teens and Parents Navigate Screen Time and Device Distractions  |  Read below  |  Jingjing Jiang  |  Research  |  Pew Research Center

Emergency Communications

FCC Activates Disaster Information Reporting for Hurricane Lane  |  Federal Communications Commission

Journalism

Fox News Slammed for Covering Tooth Fairy Over Paul Manafort, Michael Cohen Convictions  |  Wrap, The

Communications and Democracy

About 80 percent of the media are ‘the enemy of the people,’ President Trump says  |  Read below  |  John Wagner, Felicia Sonmez  |  Washington Post
President Trump Launches Petition to Pressure ESPN to Reverse Anthem Decision  |  Multichannel News
Harsh new anti-protest laws restrict freedom of speech, advocates say  |  Washington Post
Rapper jailed for song threatening police tries a free speech appeal — and loses  |  Washington Post

Government Communications

White House Call on Sinclair-Tribune ‘Unusual,’ Not Improper, Chairman Pai Says  |  Read below  |  Victoria Graham  |  Bloomberg
Philip Bump: A peek inside Trump’s Twitter bubble in the wake of the worst day of his presidency  |  Washington Post

Agenda

Chairman Pai to attend Portland (ME) Sept fundraising event for Maine Heritage Policy Center  |  Read below  |  Scott Thistle  |  Portland Press Herald

Policymakers

FCC Announces Anticipated Disability Advisory Committee Renewal and Membership Solicitiation  |  Read below  |  Public Notice  |  Federal Communications Commission

Stories From Abroad

How Social Media Came To The Rescue After India's Floods  |  National Public Radio
Facebook is working on mesh Wi-Fi to possibly bring to developing countries  |  Verge, The
Despite being shunned in America, Huawei is flourishing in Europe  |  Verge, The
Op-ed: The US is overly paranoid about China’s tech rise  |  Washington Post
1,464 Western Australian government officials used ‘Password123’ as their password  |  Washington Post
China Forces Out Buzzfeed Journalist Megha Rajagopalan  |  New York Times
Today's Top Stories

Broadband/Internet

Verizon Threatens Public Safety with Throttling, Calls It a “Customer Support Mistake”

Press Release  |  County of Santa Clara

On Aug 21, the County of Santa Clara (CA), joined by 22 States and the California Public Utilities Commission, filed its brief supporting network neutrality in the ongoing litigation to protect the open internet. The brief attached testimony and an email thread from the County Fire Chief, Anthony Bowden, describing how—during the worst wildfire in California history—Verizon throttled the Internet connection of a critical emergency response vehicle .  “This throttling has had a significant impact on our ability to provide emergency services. Verizon imposed these limitations despite being informed that throttling was actively impeding County Fire’s ability to provide crisis-response and essential emergency services,” Santa Clara County Fire Chief Anthony Bowden wrote in his declaration.

In response, Verizon on Aug 22 claimed that, “[t]his situation has nothing to do with net neutrality or the current proceeding in court...This was customer support mistake.” To the contrary, said County Counsel James R. Williams, “Verizon’s throttling has everything to do with net neutrality—it shows that the ISPs will act in their economic interests, even at the expense of public safety. That is exactly what the Trump Administration’s repeal of Net Neutrality allows and encourages.” Williams added, “in repealing Net Neutrality rules, the Trump Administration failed to consider public safety threats as required by law. For this reason alone, the repeal of Net Neutrality is illegal and must be overturned.”

Opening Day at the Court of Appeals

Andrew Schwartzman  |  Analysis  |  Benton Foundation

After a long pre-season in which little else happened other than setting a schedule and format for briefing, August 20, 2018 was Opening Day for the litigation appealing the Federal Communications Commission’s December 2017 network neutrality decision. Two groups of challengers (technically referred to as “petitioners”) filed their briefs Monday evening in the US Court of Appeals for the District of Columbia Circuit. (Benton Foundation, represented by this author, is one of the petitioners in the case.) Next week, on August 27, a group of tech industry companies which have intervened in support of the petitioners will file their brief, along with a dozen or so amici curie (friends of the court) briefs from scholars and public interest groups who will appear as friends of the court.

The other side will present their defense soon thereafter. The FCC and the United States (which are denominated as “respondents”) will file an opposition brief on October 11. Internet service providers (ISPs) and their trade associations will file their own intervenors’ brief supporting the government the next week, as will their supporting amici.  After reply briefs are filed on November 16, the case will be set for oral argument, probably in the first month or two of 2019. A decision could be issued by mid-summer, perhaps earlier.

INCOMPAS to FCC: Broadband Maps Inadequate, Need for Competition

Press Release  |  Incompas

INCOMPAS, the internet and competitive networks association, filed comments at the Federal Communications Commission in response to the Public Notice requesting information for the assessment of competition in the fixed broadband market. INCOMPAS’ comments explain that in order to formulate policies encouraging broadband competition, it is necessary to have an accurate accounting of where there is and isn’t sufficient competition across America. As such, INCOMPAS is calling upon the FCC to reform its collection of broadband data via its Form 477 proceeding. It is necessary for the Commission to gather location-specific information from each fixed broadband provider for both their residential and business customers in order to derive a true representation of service offerings. Only in a local geographic market where there are at least three providers that are offering service over their own last mile facilities is there sufficient competition. A monopoly or duopoly is not true competition.

Wireless

FCC $2 Billion CAF-II Auction Has Concluded, Results to Be Released in a Few Days

Bernie Arnason  |  telecompetitor

The Federal Communications Commission announced the conclusion of the Connect America Fund Phase II (CAF-II) auction, which offered $1.98 billion in funding for rural broadband. The bidding began July 24th. The FCC will issue a public notice in a few business days outlining the results. Winning bidders have agreed to provide broadband service at the lowest cost in unserved and underserved areas in 20 states, formerly served by larger price cap carriers (although those same carriers could conceivably be the auction winner). Funding will be awarded to the lowest cost bidder, but is also based on a weighted system, with preference to service providers who offer higher speed, lower latency services. Auction participants included a variety of service provider types including telecommunication companies, wireless Internet service providers, satellite providers and electric cooperatives, among others. A total of 220 companies were deemed eligible by the FCC to participate.

FCC denies motion to stop clock on T-Mobile/Sprint deal

Monica Alleven  |  Fierce

The Federal Communications Commission has denied a request to stop the clock or extend the pleading cycle associated with the proposed T-Mobile/Sprint combination. The FCC denied the request by Public Knowledge, the Benton Foundation, and others to stop the review clock in order for operators to supplement their public interest statement with more specific information. In denying the request, the FCC said the the movants failed to establish any basis for granting the extension. “While we understand that this may be a busy period for the Movants in light of pending proceedings before the Commission and the Federal Trade Commission, that fact does not support grant of an extension of time,” the agency said, adding that the timing of Jewish holidays in September, after the current scheduled petition to deny due date, doesn’t warrant granting an extension of time. The FCC is sticking with the established pleading cycle where Petitions to Deny are due Aug 27; comments in opposition are due Sept 17, and replies to those are due Oct 9.

Tiny Doylestown Borough (PA) battled Verizon over 5G and won a big settlement

Bob Fernandez  |  Philadelphia Media Network

When Verizon proposed dozens of 5G small-cell antennas along streets in Doylestown Borough (PA), the reaction was a defiant no. Residents thought the boxy equipment that sprouted five-foot antennas on traffic lights or telephone poles would mar the borough's Norman Rockwell charm, along with the artsy aura of its Victorian homes. Doylestown officials spent $150,000, held 10 public hearings, and fought the small cell proposal in state and federal courts over more than a year, defending their right to say where the small cells would go — a David-vs.-Goliath  tale of a small Pennsylvania town taking on a big corporation. 

When Doylestown finally settled the case in July, the town won the right to reduce the number of poles as well as camouflage and relocate some of them. It also surprisingly won a 5 percent share of the revenues for the services Verizon or other companies sell through some of those cells, and $750 a year for others. But the borough's victory may be hard for other towns to replicate, as telecommunication companies are canvassing PA towns to locate thousands of new wireless cells for the new 5G high-speed mobile networks. State lawmakers are considering a bill that would largely strip municipalities of zoning oversight when telecom companies seek permits for small cells on utility poles and traffic lights. If enacted, the measure would also set small fees — from $25 to $100 — for small cell permitting. In PA, lines are being drawn between state lawmakers and wireless industry officials who want to make it easy to roll out 5G, and municipal officials who bemoan the loss of local control and dislike the telecoms' encroachment on their turf.

Lifeline

Chairman Pai Response Regarding Lifeline Reform

FCC Chairman Ajit Pai  |  Federal Communications Commission

On August 10, Federal Communications Commission Chairman Ajit Pai responded to letters from members of Congress who wrote to Chairman Pai regarding drastic cuts to the FCC's Lifeline program. In response, Chairman Pai wrote that the 2017 Lifeline Reform Order seeks to focus Lifeline support where it is most needed. At the same time, Chairman Pai wrote, "It is critical to strengthen the Lifeline program's efficacy and integrity by reducing the waste, fraud, and abuse that has run rampant in this program for the better part of a decade." Chairman Pai also noted that there is a Notice of Proposed Rulemaking (NPRM) accompanying the Order, in which the FCC sought comments on a wide variety of measures to improve the administration of the Lifeline program. Chairman Pai added a note about his proposal that was adopted in May, which creates the Uniendo a Puerto Rico Fund and Connect USVI Fund in order to accelerate the restoration of communications networks damaged and destroyed on Puerto Rico and the US Virgin Islands during the 2017 hurricane season. “In the accompanying notice, we look toward the long term and propose providing $890 million in funding to Puerto Rico and the US Virgin Islands to enhance connectivity and help future-proof the territories' networks. Moving forward with the efforts outlined in the notice will help ensure that funding is fiscally responsible and enables as many people as possible in the territories to benefit from fixed and mobile communications. And these networks will be rebuilt by facilities-based carriers who are committed to investing in the territories (several of whom I visited shortly after Hurricanes Irma and Maria), not wireless resellers.”

News From FTC

ACA: Smaller ISPS Lack Leverage to Be Anticompetitive Threat

John Eggerton  |  Multichannel News

Smaller cable operators don't have the incentive or ability to act anticompetitively toward either their customers or edge providers. That came in American Cable Association comments to the Federal Trade Commission as it tees up month-long hearings on protecting consumers and competition in a digital age. ACA said smaller operators provide vital connectivity, particularly in the rural areas the government is focused on bringing into that digital age as full participants. But what they don't provide is any sort of anticompetitive threat that needs government to step in, "nor have edge providers complained about smaller ISPs unreasonably leveraging them," ACA adds. "If leverage exists, it lies with upstream providers [edge providers] (just as it does in the video programming market)." ACA has long complained about programmers' power to bundle programming into must-make deals that wind up requiring smaller operators to pay for and carry channels they don't want, a cost ACA told the FTC is increasingly difficult to pass on to customers -- and therefore reduces the money available for other things, like broadband deployment.

Platforms

Can Facebook, or Anybody, Solve the Internet’s Misinformation Problem?

Farhad Manjoo  |  Analysis  |  New York Times

“The work you see now from Facebook, Microsoft and others to be more proactive is a trend that is positive — it’s part of the solution, and I would want to see that trend continue,” said Graham Brookie, director of the Digital Forensic Research Lab at the Atlantic Council, a think tank that has been working with Facebook on election-security issues. “Is this a solution? No, definitely not.”  

A solution, he said, would involve a society-wide reckoning with the problem of the vulnerabilities that the internet has uncovered in democratic society. A solution would involve the federal government taking the lead in such an effort, which is not really happening at the moment. A solution would also involve citizens becoming far more vigilant about what they see online, how they respond to it, and the effect it has on their political lives. And even with all that, we may not really get an actual solution. Instead, the best we might hope for is something like an ongoing cat-and-mouse game between good and bad actors online: a fight that never ends, but whose damage we can at least hope to reduce.

We now know Russia isn't the only foe that's learned to exploit U.S. social media

David Pierson  |  Los Angeles Times

Silicon Valley’s biggest social media companies provide some of the best tools for spreading propaganda. Social media poses an ongoing risk that will only grow without a coordinated effort to prevent manipulation. “The main takeaway from Facebook's announcement is not just that Russia-style meddling is exportable, but that it's inevitable,” said Chris Meserole, a fellow in the Center for Middle East Policy at the Brookings Institution. “If Moscow authored the playbook, Tehran read it word for word, and they won't be the only country to do so. Spreading disinformation on Facebook is so easy and effective that we need to assume every foreign adversary will now do it.”

Facebook Removes Data-Security App From Apple Store

Deepa Seetharaman  |  Wall Street Journal

Apple ruled that Facebook's data-security app violated Apple's data-collection policies designed to limit data collection by app developers. Apple informed Facebook that Onavo also violated a part of its developer agreement that prevents apps from using data in ways that go beyond what is directly relevant to the app or to provide advertising. The app, called Onavo Protect, has been available as a free download through Apple’s app store for years, with updates regularly approved by Apple’s app-review board. Onavo allows users to create a virtual private network that redirects internet traffic to a private server managed by Facebook. The app, which bills itself as a way to “keep you and your data safe,” also alerts users when they visit potentially malicious sites. Facebook is able to collect and analyze Onavo users’ activity to get a picture of how people use their phones beyond Facebook’s apps.

Apple and Google Face Growing Revolt Over App Store ‘Tax’

Mark Bergen, Christopher Palmeri  |  Bloomberg

A backlash against the app stores of Apple and Google is gaining steam, with a growing number of companies saying the tech giants are collecting too high a tax for connecting consumers to developers’ wares. Netflix and video game makers Epic Games and Valve are among companies that have recently tried to bypass the app stores or complained about the cost of the tolls Apple and Google charge. Grumbling about app store economics isn’t new. But the number of complaints, combined with new ways of reaching users, regulatory scrutiny and competitive pressure are threatening to undermine what have become digital goldmines for Apple and Google. 

Apple and Google launched their app stores in 2008, and they soon grew into powerful marketplaces that matched the creations of millions of independent developers with billions of smartphone users. In exchange, the companies take up to 30 percent of the money consumers pay developers. According to one estimate, if app store commissions fell to a blended rate of 5 percent to 15 percent, that would knock up to 21 percent off Apple’s earnings, before interest and tax. Google could lose up to 20 percent by the same measure.

Facebook reinstates data firm it suspended for alleged misuse, but surveillance questions linger

Alex Pasternack  |  Fast Company

Crimson Hexagon, a Boston (MA) data analytics company, raised some eyebrows recently when it announced that its access to the firehose of user data from Facebook and Instagram had been reinstated—after being suspended and investigated by the social media giant for alleged misuse of data for surveillance purposes. The reinstatement, which began earlier in Aug, followed “several weeks of constructive discussion and information exchange,” said Dan Shore, Crimson’s chief financial officer. But the companies didn’t specify the results of the inquiry or explain why access was restored, raising more questions about how Facebook and other platforms police third parties like Cambridge Analytica and Crimson Hexagon. Crimson boasts of having gathered the largest public repository of social media data, which it has used in work for clients that include Adidas and Anheuser-Busch InBev, as well as the Department of Homeland Security, the State Department, and clients in Turkey and Russia, including a Russian nonprofit with ties to the Kremlin. 

In March 2017, Facebook followed Twitter’s lead and added language to its Platform Policy that specifically prohibited developers from using Facebook data “to provide tools that are used for surveillance,” though it didn’t specify how it defined surveillance. The policy puts Facebook in a tough position. Even if Crimson Hexagon were have found to be in violation of Facebook’s policies, shutting down its access could be a death knell for a billion dollar data industry, made of startups and large defense contractors who relationships with Facebook and other services are crucial to government and commercial clients. “To lock down what is publicly available and ingested through an API would put social listening and analytics into a tailspin,” said Kieley Taylor, managing partner and global head of social at advertising agency GroupM. “T]he precedent of going deeper into the contracts when the data appears to be captured in the right way is troubling. It’s also unclear to me how this would be broadly enforced.”

Health

Chairman Pai: Connectivity main obstacle of telemedicine

Gabrielle Porter  |  Grand Junction Daily Sentinel

Federal Communications Commission Chairman Ajit Pai addressed barriers to high-speed connectivity in western Colorado and stuck to his post-network neutrality guns during a visit to St. Mary's Medical Center. Chairman Pai held a closed-door meeting with hospital leaders as part of a national tour to discuss how his agency relates to technology needed by rural hospitals that want to embrace telemedicine. Speaking to reporters after the meeting, Pai said, from the FCC's viewpoint, connectivity remains the biggest hurdle to a serious move toward widespread use of telemedicine. "The telemedicine application is only as strong as the digital connections between communities," said Pai. He pointed to the FCC's recent infusion of funds into its Rural Health Care Program, which provides funds to some health care providers for broadband and telecommunications services. He also said he is aiming to eliminate outdated FCC rules and encourage competition among internet service providers. "We want to make sure these companies have a strong incentive to upgrade to fiber, especially in these rural communities that need high-capacity internet access," Pai said.

How Teens and Parents Navigate Screen Time and Device Distractions

Jingjing Jiang  |  Research  |  Pew Research Center

Amid roiling debates about the impact of screen time on teenagers, roughly half of those ages 13 to 17 are themselves worried they spend too much time on their cellphones. Some 52% of US teens report taking steps to cut back on their mobile phone use, and similar shares have tried to limit their use of social media (57%) or video games (58%), a new Pew Research Center survey finds. Fully 72% of teens say they often or sometimes check for messages or notifications as soon as they wake up, while roughly four-in-ten say they feel anxious when they do not have their cellphone with them. Overall, 56% of teens associate the absence of their cellphone with at least one of these three emotions: loneliness, being upset or feeling anxious. Additionally, girls are more likely than boys to feel anxious or lonely without their cellphone.

Parents, too, are anxious about the effects of screen time on their children, a separate survey shows. Roughly two-thirds of parents say they are concerned about their teen spending too much time in front of screens, and 57% report setting screen time restrictions for their teen in one way or another. At the same time, some parents of teens admit they also struggle with the allure of screens: 36% say they themselves spend too much time on their cellphone. And 51% of teens say they often or sometimes find their parent or caregiver to be distracted by their own cellphone when they are trying to have a conversation with them. Additionally, 15% of parents say they often lose focus at work because they are distracted by their phone. That is nearly double the share of teens (8%) who say they often lose focus in school due to their own cellphones.

Communications and Democracy

About 80 percent of the media are ‘the enemy of the people,’ President Trump says

John Wagner, Felicia Sonmez  |  Washington Post

President Donald Trump sought to clarify how much of the press he sees as “the enemy of the people.” He put it at about 80 percent. During an interview at the White House with Fox News, he was asked: “Is the press the enemy of the people?” “No, not at all. But the fake news is,” President Trump told Ainsley Earhardt of “Fox & Friends.” “And the fake news is comprised of — it’s a lot. It’s a big chunk, okay? Somebody said, ‘What’s the chunk?’ I said, ‘80 percent.’ It’s a lot. It’s a lot. If I do something well, it’s not reported. Other than in the 20 percent.” The president went on to disparage the New York Times, saying the publication “cannot write a good story about me.” “They’re crazed. They’re like lunatics,” President Trump said.

Government Communications

White House Call on Sinclair-Tribune ‘Unusual,’ Not Improper, Chairman Pai Says

Victoria Graham  |  Bloomberg

White House Counsel Don McGahn’s July 17 call to Federal Communication Commission Chairman Ajit Pai over the decision to send the $3.9 billion merger between Sinclair Broadcast Group and Tribune Media to an administrative law judge wasn’t improper, Chairman Pai said: “It was pretty unusual, and it was the first time we got a status inquiry of that kind.” Chairman Pai, when asked if McGahn’s call was improper, said, “Oh, not at all. It was just a big old status inquiry.”

Agenda

Chairman Pai to attend Portland (ME) Sept fundraising event for Maine Heritage Policy Center

Scott Thistle  |  Portland Press Herald

Federal Communications Commission Chairman Ajit Pai will deliver the keynote address for the Maine Heritage Policy Center, a conservative research organization, at a fundraising luncheon in September. The center noted Chairman Pai's controversial role in ending the FCC’s net neutrality regulations and touted his efforts to eliminate fraud, waste, and abuse in federal programs. Chairman Pai will attend the center’s 2018 Freedom & Opportunity Luncheon. “The FCC Chairman’s regulatory philosophy is informed by a few simple principles, competition paramount among them,” the center stated. “Rules that reflect these principles spur innovation and investment, Pai says, and lead to better products and services, lower prices, job creation and faster economic growth.”

Policymakers

FCC Announces Anticipated Disability Advisory Committee Renewal and Membership Solicitiation

Public Notice  |  Federal Communications Commission

By this Public Notice, the Federal Communications Commission announces the anticipated renewal of its Disability Advisory Committee (Committee) and solicits applications for membership on the Committee, subject to renewal of the Committee’s charter. Applications for membership are due by 11:59 P.M. EST on September 21, 2018. The mission of the Committee is to make recommendations to the Commission regarding disability issues specified by the Commission. Some of the issues the Committee has addressed in the past include telecommunications relay services, closed captioning, video description, access to emergency information on television, telephone emergency notifications, device accessibility, technology transitions, and the National Deaf-Blind Equipment Distribution Program. 

Applications may be submitted though the online application portal at www.fcc.gov/dac/application (preferred), or by email to DAC@fcc.gov.

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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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