Daily Digest 8/8/2018 (New Sinclair Probe)

Benton Foundation
Table of Contents

Broadband/Internet

Is the Trump administration's re-killing of net neutrality a big deal?  |  Read below  |  Marguerite Reardon  |  C|Net
CBO Scores ACCESS BROADBAND Act  |  Read below  |  Stephen Rabent, Rachel Austin  |  Research  |  Congressional Budget Office
Obtaining indirect internet access: An examination how reasons for internet non-use relate to proxy internet use  |  Read below  |  Darja Grošelj, Bianca Reisdorf, Andraž Petrovčič  |  Research  |  Telecommunications Policy
Internet sales tax gives e-commerce companies a stake in local government  |  Read below  |  Jack Karsten, Darrell West  |  Analysis  |  Brookings
Why the FCC’s E-rate Makes Funding High-Speed Internet a Slow Crawl  |  Read below  |  Stephen Noonoo  |  EdSurge
The One Telecom Group That *Does* Support Net Neutrality  |  Read below  |  Klint Finley  |  Wired
Daniel Lyons -- Interconnection: The next battle to regulate the internet?  |  American Enterprise Institute
Citywide Fiber on Its Way to Salem, Massachusetts  |  Salem News

Wireless/Spectrum

Verizon lied about 4G coverage—and it could hurt rural America, group says  |  Read below  |  Jon Brodkin  |  Ars Technica
DOJ provides boost to Sprint, T-Mobile merger chances  |  Read below  |  Josh Kosman  |  New York Post
Mike Dano: China will almost certainly win the race to 5G. Here’s why  |  Fierce

Broadcasting

House Democrats Seek New Probe of Sinclair  |  Read below  |  Drew FitzGerald  |  Wall Street Journal
Patt Morrison: The broadcast TV networks want to dumb down kids' programming — and the FCC might let them do it  |  Los Angeles Times
CBO Scores PIRATE Act  |  Congressional Budget Office
CBS asked for documents about communications AT&T had in 2016 with Shari Redstone relating to a potential strategic combination  |  Wall Street Journal

Privacy

Lawmakers asked Apple to reveal how it tracks its users. Here’s what the company said.  |  Read below  |  Hayley Tsukayama  |  Washington Post
Warrantless device searches at the border are rising. Privacy advocates are suing.  |  Washington Post
What Judge Kavanaugh Really Thinks: If you want the Constitution to guarantee a right of privacy, pass an amendment  |  Politico

Platforms/Content

Gatekeepers or Censors? How Tech Manages Online Speech  |  Read below  |  New York Times
First Amendment advocates urge change in Facebook platform rules  |  Read below  |  Ellen Nakashima  |  Washington Post
Free Speech Scholars to Alex Jones: You’re Not Protected  |  Read below  |  Alan Feuer  |  New York Times
Sen Murphy: Private companies deciding not to let platforms be used to spread hate and lies is not same as government censorship  |  Hill, The
National Review's David French: A Better Way to Ban Alex Jones: Libel and slander better labels than “Hate speech”  |  New York Times
Alex Jones Demands His Infowars Followers Rise Up and Buy More Merchandise  |  New York Times
Apple and Google haven’t banned Infowars apps, and their downloads are booming  |  Vox
Op-ed: Facebook’s Problem With Veterans  |  Wall Street Journal
AT&T Buys Out The Chernin Group’s Stake in Otter Media to Gain Full Ownership  |  Wrap, The
Viral Political Ads May Not Be As Persuasive As You Think  |  Wired
YouTube, Google and Waze combined to account for 34.2% of all time on digital media in June 2018  |  Axios

Government & Communications

Paul Ryan’s latest explanation for Trump’s tweets might be the worst of all  |  Read below  |  Aaron Blake  |  Analysis  |  Washington Post
43% of Republicans Want to Give Trump the Power to Shut Down Media  |  Daily Beast
NYC Mayor De Blasio slams Murdoch, Fox News: 'We would be a more unified country' without them  |  Hill, The

Government Performance

Report on Alleged Multiple Distributed Denial-Of-Service Attacks involving the FCC’s Electronic Comment Filing System  |  Read below  |  FCC Inspector General David Hunt  |  Research  |  Federal Communications Commission

Policymakers

New Details About Commerce Secretary Wilbur Ross’ Business Point To Pattern Of Grifting  |  Forbes

Stories From Abroad

Google can return to China if it follows the law, Chinese state media says  |  Washington Post
Op-ed: China’s influence on digital privacy could be global  |  Washington Post
More than 1,000 US news sites are still unavailable in Europe, two months after GDPR took effect  |  Nieman Lab
On Appeals Court, Judge Kavanaugh Helped To Loosen Political Money Laws  |  National Public Radio
White House officials met tech industry reps about tariffs  |  Axios
DOJ’s Behind-the-Scenes Struggles With Judge in AT&T Case  |  Wall Street Journal
CVS to offer nationwide telemedicine service through smartphone video  |  USA Today
Is the Silicon Valley Community Foundation just hoarding money?  |  Fast Company
Today's Top Stories

Broadband/Internet

Is the Trump administration's re-killing of net neutrality a big deal?

Marguerite Reardon  |  C|Net

The Federal Communications Commission has already repealed net neutrality, but the Trump administration can't leave it there. It also wants the Supreme Court to remove a ruling that upheld the controversial Obama-era rules. Is this a big deal? It depends on who you ask. While the request is somewhat unusual, not many cases upholding government regulation are followed by a repeal of that regulation, some legal experts say remanding the decision is just a bit of legal housecleaning. But net neutrality supporters disagree. They accuse the Trump administration of tossing out the legal precedent to attempt to set up a better scenario in the next legal battle over the FCC's 2017 repeal. What's at stake in this fight over the 2015 net neutrality regulations isn't only the basic rules of the road for how service providers can treat internet traffic, but also whether the FCC has the authority to regulate broadband networks like a public utility.

CBO Scores ACCESS BROADBAND Act

Stephen Rabent, Rachel Austin  |  Research  |  Congressional Budget Office

The ACCESS BROADBAND Act (H.R. 3994) would direct the National Telecommunications and Information Administration (NTIA) to establish a new Office of Internet Connectivity and Growth and direct several federal agencies that offer broadband support programs to amend, streamline, and standardize their applications for those programs. Using information from the affected agencies, CBO estimates that implementing H.R. 3994 would cost $13 million over the 2019-2023 period, assuming appropriation of the necessary amounts. Enacting the legislation would affect direct spending from and subsequent collections of revenues by the Universal Service Fund (USF) of the Federal Communication Commission (FCC); therefore, pay-as-you-go procedures apply. However, CBO estimates that the net effect on the deficit would be negligible. CBO estimates that enacting H.R. 3994 would not significantly increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2029.

Obtaining indirect internet access: An examination how reasons for internet non-use relate to proxy internet use

Darja Grošelj, Bianca Reisdorf, Andraž Petrovčič  |  Research  |  Telecommunications Policy

As participation in society becomes largely dependent on use of internet-enabled technologies, internet non-users may seek alternative ways of using the internet. Proxy internet use (PIU), where internet non-users ask internet users to perform online activities on their behalf, is a strategy for obtaining (indirect) internet access.

This study examines factors for engagement in PIU, focusing specifically on how non-users’ reasons for disengagement relate to their engagement in PIU. The results from multivariate analyses of survey data from a nation-wide representative sample show that 47% of internet non-users in Slovenia who report having someone available for PIU, in fact, engage in PIU. In analysing four types of reasons for internet non-use—those related to interest, access, costs, and skills—the results show that access issues are negatively related to engagement in PIU. Conversely, reasons related to skills issues are positively related to engagement in PIU. Considering that access to online services through PIU offers an important degree of digital inclusion, the results of this study have important policy implications. Policy initiatives tackling digital inequalities should be sensible to access and skills issues resulting in disengagement. For example, policies directed at providing and maintaining internet access at a household level may result in non-users’ increased opportunities for PIU. In contrast, skills policies should be directed at creating opportunities for informal and person-centred learning of digital skills, considering that non-users who are more aware of their deficiency in skills might be more aware of online opportunities.

Internet sales tax gives e-commerce companies a stake in local government

Jack Karsten, Darrell West  |  Analysis  |  Brookings

As our economy becomes increasingly digitized, more transactions are moving online and outside of local tax jurisdictions, costing states billions in lost sales tax revenue. The recent Supreme Court decision in South Dakota v. Wayfair has opened the door for states to collect sales tax on online purchases made at out-of-state businesses. Applying state taxes on interstate commerce could not only recover lost revenues, but also make national e-commerce companies more invested in state government. Going forward, these companies will have the opportunity to make the case to lawmakers and voters on local sales taxes

Why the FCC’s E-rate Makes Funding High-Speed Internet a Slow Crawl

Stephen Noonoo  |  EdSurge

It’s one of the cruelest ironies in education: today’s schools must build and maintain robust high-speed, fiber-optic internet connections. But the process involved in finding funds for these upgrades can feel like a laggy dial-up modem, slow to a crawl—when it’s not cutting out completely. For more than 20 years, the Federal Communications Commission has directed the multi-billion dollar E-rate program, which provides taxpayer-supported construction and service discounts that districts and libraries can use toward internet costs. The program isn't static, and changes big and small continue to shape its direction.

In 2014, the FCC modernized the E-rate program, raising the overall funding cap to about $4 billion, making more money available for schools and libraries. But along with modernization came EPC—pronounced “epic”—an online application portal, which critics say has caused numerous delays and a spate of application rejections around fiber internet construction. Originally developed to help streamline the process, applicants charge the EPC system with losing completed applications due to glitches, being confusing to navigate and making it tough to input and sort relevant data, according to a recent anonymous survey of applicants conducted by E-rate consulting firm Funds For Learning. “The implementation of EPC, while a good idea in theory, has contributed significantly to the increase in complexity,” wrote one applicant in the survey’s comments section. 

The One Telecom Group That *Does* Support Net Neutrality

Klint Finley  |  Wired

Charles "Chip" Pickering, a conservative Republican former member of Congress and CEO of a telecommunications-industry group called Incompas, supports net neutrality. Under Pickering's leadership, Incompas has been a steadfast defender of 2015 rules adopted by the Federal Communications Commission that ban broadband providers like Comcast and Verizon from blocking or discriminating against lawful content. That’s placed it at odds with other industry groups working to undermine efforts to mandate net neutrality.Incompas  itself is something of a paradox. Historically, it's been a voice in Washington for smaller telecommunications companies. But in recent years it also welcomed tech companies as members. And not just companies that have dabbled in offering broadband services themselves, such as Facebook and Google's parent company, Alphabet. Its ranks also include Amazon, Netflix, and Twitter. What these companies have in common, Pickering explains, is opposition to the policy preferences of incumbent broadband companies like AT&T. "The idea is to 'unite the tribes,' if I were to use a Braveheart analogy," Pickering says. "I wanted to bring all of us who wanted competition and innovation into one alliance."

Pickering isn't new to the fight over net neutrality. He introduced one of the first net neutrality bills in Congress during his stint as a representative from Mississippi from 1997 until 2009. At that point, net neutrality wasn't on the agenda of many politicians on either side of the aisle.

Wireless

Verizon lied about 4G coverage—and it could hurt rural America, group says

Jon Brodkin  |  Ars Technica

The Rural Wireless Association (RWA), which represents rural carriers, told the Federal Communications Commission that Verizon "grossly overstated" its 4G LTE coverage in government filings, potentially preventing smaller carriers from obtaining funding needed to expand coverage in underserved rural areas. In 2017, the Federal Communications Commission required Verizon and other carriers to file maps and data indicating their current 4G LTE coverage. The information will help the FCC determine where to distribute up to $4.5 billion in Mobility Fund money over the next 10 years. The funds are set aside for "primarily rural areas that lack unsubsidized 4G," the FCC says. If Verizon provided the FCC with inaccurate data, the company's rural competitors might not be able to get that government funding.

"Verizon's claimed 4G LTE coverage is grossly overstated," the Rural Wireless Association told the FCC. "Verizon should not be allowed to abuse the FCC challenge process by filing a sham coverage map as a means of interfering with the ability of rural carriers to continue to receive universal service support in rural areas." The RWA asked the FCC to investigate Verizon's claimed coverage.

DOJ provides boost to Sprint, T-Mobile merger chances

Josh Kosman  |  New York Post

The Department of Justice believes three national 5G wireless providers are needed to ensure robust competition, a position that provides a big boost to the proposed $26.5 billion merger of Sprint and T-Mobile. The No. 3 and No. 4 wireless carriers have said they don’t have the finances independently to quickly bankroll an expensive rollout of the next generation in wireless technology — leaving just Verizon and AT&T to offer a 5G network. After studying the Sprint-T-Mobile proposal for more than three months, the Department of Justice, while not yet making a decision on the merger, now believes three carriers are needed to establish a truly competitive marketplace, according to a source with direct knowledge of the thinking within the DOJ.

Broadcasting

House Democrats Seek New Probe of Sinclair

Drew FitzGerald  |  Wall Street Journal

Reps Frank Pallone (D-NJ) and Mike Doyle (D-PA) asked the Federal Communications Commission to investigate whether Sinclair Broadcast Group broke laws by allegedly influencing ad sales at rival Tribune Media, another potential setback in the TV station owners’ effort to merge. “An FCC investigation is warranted in light of recent reports that the Department of Justice is investigating whether the sales teams of Sinclair and Tribune were improperly coordinating regarding their advertising sales performance, resulting in higher rates,” they wrote in a letter to FCC Chairman Ajit Pai. In their letter, the Committee Democrats asked the FCC to investigate whether Sinclair violated the Communications Act, including Section 310(d), which prohibits the de facto transfer or control of a broadcast television license without FCC’s consent. The Democrats also requested that if either the FCC or DOJ find that Sinclair or Tribune engaged in illegal activity during the pending merger that the FCC should take such findings into consideration when reevaluating the companies’ broadcast licenses. 

Privacy

Lawmakers asked Apple to reveal how it tracks its users. Here’s what the company said.

Hayley Tsukayama  |  Washington Post

After House Commerce Committee GOP leadership asked Apple about its data collection practices, the company has now replied. Apple said that its Siri voice assistant does not collect data unless it hears the trigger phrase, “Hey Siri.” The company also said it does not share any “Siri utterances” to third parties. Apple also laid out many of the policies it has shared publicly about its data collection and data use practices, which reflect what consumers see in the privacy policies they’re asked to review when they buy an Apple device. Its phones do not collect any location information from WiFi networks, cellular networks or Bluetooth when those capabilities are switched off. That reflects what Apple has said in its privacy policies. The company did reveal for the first time how many apps it rejects from its App Store for failing to comply with its policies — nearly 40 percent of submissions don’t make the cut. Apple also outlined its data policies for a new feature in its iOS 12 operating system, which will automatically share location data with partner firm RapidSOS during emergency calls.

Platforms/Content

Gatekeepers or Censors? How Tech Manages Online Speech

  |  New York Times

Apple, Google and Facebook erased from their services many — but not all — videos, podcasts and posts from the right-wing conspiracy theorist Alex Jones and his Infowars site. And Twitter left Jones’s posts untouched. The differing approaches to Jones exposed how unevenly tech companies enforce their rules on hate speech and offensive content. There are only a few cases in which the companies appear to consistently apply their policies, such as their ban on child pornography and instances in which the law required them to remove content, like Nazi imagery in Germany. When left to make their own decisions, the tech companies often struggle with their roles as the arbiters of speech and leave false information, upset users and confusing decisions in their wake. Here is a look at what the companies, which control the world’s most popular public forums, allow and ban.

First Amendment advocates urge change in Facebook platform rules

Ellen Nakashima  |  Washington Post

A group of First Amendment advocates has urged Facebook's Mark Zuckerberg to change the social media giant’s platform rules to enable public service journalism and research on its platform. The issue is especially pressing as reporters and researchers investigate Russian interference in the midterm elections through platforms such as Facebook’s. Columbia University’s Knight First Amendment Institute notes that Facebook’s terms of service bar the automated collection of public information, a practice that researchers call “scraping,” and the creation of temporary research accounts. Automated collection allows journalists and researchers to generate statistical insights into patterns and information flows on Facebook’s platform, said Ramya Krishnan, legal fellow at the Knight Institute. Sometimes journalists and researchers have attempted to set up temporary research accounts, using a variety of names and biographical attributes, to enable them to assess how the platform responds to different profiles, she said. But such practices are barred by Facebook’s terms of service, which require that a user “provide accurate information about yourself” and create only one account.

Free Speech Scholars to Alex Jones: You’re Not Protected

Alan Feuer  |  New York Times

Not long after several of the country’s biggest tech firms — Apple, Facebook and Google — kicked the conspiracy theorist Alex Jones off their various online platforms, Jones’s allies complained that he had been deprived of his First Amendment rights to free speech. Several scholars of free speech had already concluded that many of the things he has said online were not in fact protected by the First Amendment. 

In a recent court filing, four law professors who specialize in free-speech issues said that Mr. Jones’s oeuvre was riddled with “absurd conspiracy theories” and urged a federal judge considering a lawsuit against him not to let him hide behind the First Amendment while publishing his rhetoric. “False speech does not serve the public interest the way that true speech does,” the scholars wrote. “And indeed, there is no constitutional value in false statements of fact.” While they acknowledged that the protection of speech is “a priority of the first order,” the First Amendment scholars, from institutions like Rutgers University and the University of Chicago Law School, noted that since the Middle Ages defamation law has created “social boundaries about what speech is and is not acceptable.” It has also, they wrote, long sought to balance the freedom of expression with the safeguarding of people’s reputations.

Government & Communications

Paul Ryan’s latest explanation for Trump’s tweets might be the worst of all

Aaron Blake  |  Analysis  |  Washington Post

Mark Leibovich's New York Times Magazine profile of outgoing House Speaker Paul Ryan (R-WI) is essentially a series of attempts to get Speaker Ryan to account for his regular punts on President Trump's tweets. Speaker Ryan argues that the president of the United States is saying, doing and speculating about things he doesn't believe to elicit a reaction.

In other words, he's saying Trump is being dishonest. That's undoubtedly true, but it's actually pretty remarkable for someone in Ryan's position to admit it. I have no doubt that much of Trump's Twitter persona is about provoking and trying to get people to overreact. It's been his entire M.O. since he became a public figure so many decades ago. But inherent in this approach is a real brand of dishonesty that Ryan seems to be glossing over. It's also playing games with something that's extremely serious: the very American political system. 

Ryan's intent here is to minimize the tweets— to pretend they aren't actually presidential statements, despite the White House saying they are. But even if you set aside the question of when we're supposed to take President Trump literally and when we're not, Speaker Ryan is still accusing the president of being what's colloquially known as a B.S. artist. That appears to be the best explanation he's landed upon. It might actually be the most honest explanation, but that doesn't make it a good one.

Government Performance

Report on Alleged Multiple Distributed Denial-Of-Service Attacks involving the FCC’s Electronic Comment Filing System

FCC Inspector General David Hunt  |  Research  |  Federal Communications Commission

On May 7, 2017, the Home Box Office (HBO) program “Last Week Tonight with John Oliver” aired a segment in which the host John Oliver discussed the Federal Communications Commission’s “Restoring Internet Freedom” (RIF) proceeding and encouraged viewers to visit the Commission’s Electronic Comment Filing System (ECFS) and file comments. Withing 30 minutes, the ECFS experienced a significant increase in the level of traffic attempting to access the system, resulting in the disruption of system availability. On May 8, 2017, the FCC issued a press release in which the FCC’s former Chief Information Officer Dr. David Bray claimed the FCC was subject to multiple distributed denial-of-service attacks (DDoS). 

After an investigation of the incident, the FCC Inspector General finds: 

  • DDoS attacks did not occur: The degradation of ECFS system availability was likely the result of a combination of: (1) “flash crowd” activity resulting from the Last Week Tonight with John Oliver episode that aired on May 7, 2017 through the links provided by that program for filing comments in the proceeding; and (2) high volume traffic resulting from system design issues.
  • The FCC did not respond to the event internally in a manner consistent with the severity of the event.
  • FCC Management was aware The Last Week Tonight with John Oliver program was considering an episode on the Net Neutrality proceeding but did not share that information with the CIO or IT group.
  • The conclusion that the event involved multiple DDoS attacks was not based on substantive analysis and ran counter to other opinions including those of the ECFS subject matter expert and the Chief of Staff.
  • The FCC did not define the event as a cyber security incident, did not refer the matter to the United States Computer Emergency Readiness Team in accordance with federal policy, and did not implement internal processes for responding to cyber security incidents.
  • The FCC made inaccurate comments to Congress

The FCC Inspector General is referring the matter to the Office of FCC Chairman Ajit Pai for review and appropriate action.

Submit a Story

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.


© Benton Foundation 2018. Redistribution of this email publication — both internally and externally — is encouraged if it includes this message. For subscribe/unsubscribe info email: headlines AT benton DOT org


Kevin Taglang

Kevin Taglang
Executive Editor, Communications-related Headlines
Benton Foundation
727 Chicago Avenue
Evanston, IL 60202
847-328-3049
headlines AT benton DOT org

Share this edition:

Benton Foundation Benton Foundation Benton Foundation

Benton Foundation

The Benton Foundation All Rights Reserved © 2018