Daily Digest 9/20/2018 (Can mobile replace wired internet?)

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Table of Contents

Agenda

FCC Announces Agenda for Sept 26, 2018 Open Meeting  |  Read below  |  Public Notice  |  Federal Communications Commission

Broadband/Internet

Despite data caps and throttling, industry says mobile can replace home Internet  |  Read below  |  Jon Brodkin  |  Ars Technica
House Minority Leader Pelosi on net neutrality: California will pave the way for a federal law  |  Read below  |  Sean Captain, Dell Cameron  |  Fast Company, Gizmodo

Platforms

Inside Facebook’s Election ‘War Room’  |  Read below  |  Sheera Frenkel, Mike Isaac  |  New York Times
Amazon is now third-largest digital ad platform in US, closing in on Facebook, Google  |  USAToday
Sen. Rubio (R-FL): Apple Response to Adware App Was Inadequate  |  Broadcasting&Cable

Privacy

Sen Thune eyes 2019 for privacy legislation push  |  Read below  |  Ashley Gold  |  Politico
California Attorney General gets Privacy Boost  |  Read below  |  Cristiano Lima  |  Politico
They put microchips in their employees. Now this company is helping parents track their children.  |  Washington Post

Ownership

Chairman Pai Says FCC Still Probing Sinclair's Honesty In Tribune Deal  |  Law360
Billionaires Can Seem Like Saviors to Media Companies, but They Come With Risks  |  New York Times
Farhad Manjoo: Why Jeff Bezos Should Push for Nobody to Get as Rich as Jeff Bezos  |  New York Times

Wireless

Despite data caps and throttling, industry says mobile can replace home Internet  |  Read below  |  Jon Brodkin  |  Ars Technica
Nearly half of cellphone calls will be scams by 2019, says called ID company First Orion  |  Washington Post
AT&T introduces new unlimited data plan—with no throttling restrictions—for Airstream RV owners  |  Fierce
Apple and Google want to help you spend less time on their phones  |  Associated Press

Emergency Communications

Google, T-Mobile Tackle 911 Call Problem  |  Read below  |  Sarah Krouse  |  Wall Street Journal
Verizon denies allegations that it’s degrading mobile data service for Hurricane Florence victims  |  Read below  |  Brian Fung  |  Washington Post

Security

Sen. Wyden pushes changes to protect senators’ personal accounts from continued threats  |  Read below  |  Karoun Demirjian  |  Washington Post

Journalism

First Amendment group sues DOJ over seizure of New York Times reporter's phone, email records  |  Read below  |  John Bowden  |  Hill, The
Silicon Valley won’t promise to protect journalists. Lawmakers, you’re up.  |  Read below  |  D Victoria Baranetsky  |  Op-Ed  |  Columbia Journalism Review
Data Journalism and the Law  |  Columbia Journalism Review
Twitter's Jack Dorsey on ProPublica's Experimental Journalism  |  Wired

Government & Communications

Commissioner Rosenworcel Launches New Podcast Focused On Women In Technology  |  Read below  |  Press Release  |  Federal Communications Commission
Alabama Secretary of State sued for blocking constituents on Twitter  |  Hill, The
Sunlight Foundation Launches New Open Data Policy Hub for Local Governments  |  Government Technology

Stories From Abroad

Justice Department Has Ordered Key Chinese State Media Firms to Register as Foreign Agents  |  Wall Street Journal
European Union Competition Commissioner Vestager opened preliminary investigation into Amazon's treatment of other merchants  |  Wall Street Journal
Alibaba's Jack Ma backs down from promise to Trump to bring 1 million jobs to the US  |  CNBC
Facebook yet to comply with EU consumer rules  |  Reuters

Company News

Google’s automated email replies, being rolled to its 1.4 billion accounts, have baffled users with some peculiar suggestions  |  Wall Street Journal
IBM is playing catch up to Silicon Valley. Older employees sue, say they are paying the price  |  Los Angeles Times
Today's Top Stories

Agenda

FCC Announces Agenda for Sept 26, 2018 Open Meeting

Public Notice  |  Federal Communications Commission

The Federal Communications Commission will hold an Open Meeting on the subjects listed below on Wednesday, Sept 26, 2018:

  1. Kari’s Law NPRM – The Commission will consider a Notice of Proposed Rulemaking addressing calls to 911 made from multi-line telephone systems, pursuant to Kari’s Law, the conveyance of dispatchable location with 911 calls, as directed by RAY BAUM’S Act, and the consolidation of the Commission’s 911 rules. (PS Docket Nos. 18-261, 17-239).
  2. Presentation on Results of the Connect America Fund Phase II Auction -- The Commission will hear a presentation on the recent results of the Connect America Fund Phase II auction (Auction 903).
  3. Wireless Infrastructure Order – The Commission will consider a Declaratory Ruling and Report and Order that will clarify the scope and meaning of Sections 253 and 332(c)(7) of the Communications Act, establish shot clocks for state and local approvals for the deployment of small wireless facilities, and provide guidance on streamlining state and local requirements on wireless infrastructure deployment. (WT Docket No. 17-79; WC Docket No. 17-84)
  4. Enforcement Bureau Actions – The Commission will consider two enforcement actions. 
  5. Clarifying Local Franchising Authorities Regulation of Cable Operators – The Commission will consider a Second Further Notice of Proposed Rulemaking addressing two issues raised by a remand from the U.S. Court of Appeals for the Sixth Circuit concerning how local franchising authorities may regulate incumbent cable operators and cable television services. (MB Docket No. 05-311)
  6. Cable Data Collection – The Commission will consider a Report and Order that eliminates the Form 325, Annual Report of Cable Television Systems, filing requirement. (MB Docket Nos. 17-290, 17-105)
  7. Toll Free Assignment Modernization – The Commission will consider a Report and Order that will amend the Commission’s rules to allow for use of auctions to assign certain toll free numbers and takes other actions to modernize the administration and assignment of toll free numbers. (WC Docket No. 17-192; CC Docket No 95-155)
  8. Satellite Earth Stations in Motion – The Commission will consider action to facilitate the deployment of and harmonize the rules concerning three types of Fixed-Satellite Service earth stations authorized to transmit while in motion: Earth Stations on Vessels, Vehicle-Mounted Earth Stations, and Earth Stations Aboard Aircraft. (IB Docket No. 17-95)

Broadband/Internet

Despite data caps and throttling, industry says mobile can replace home Internet

Jon Brodkin  |  Ars Technica

AT&T and Verizon are trying to convince the Federal Communications Commission that mobile broadband is good enough for Internet users who don't have access to fiber or cable services, in filings they submitted for the FCC's annual review of broadband deployment. The carriers made this claim despite the data usage and speed limitations of mobile services. In the mobile market, even "unlimited" plans can be throttled to unusable speeds after a customer uses just 25GB or so a month. Mobile carriers impose even stricter limits on phone hotspots, making it difficult to use mobile services across multiple devices in the home.

In Jan 2018, the FCC concluded that broadband deployment is happening quickly enough for the first time since the Bush administration. But FCC Chairman Ajit Pai stopped short of declaring mobile access a full substitute for fixed broadband services such as fiber and cable. AT&T and Verizon want that to change when the FCC releases the next version of the report, likely early 2019. Pai's FCC previously "refused to acknowledge mobile broadband as a substitute for fixed," AT&T complained in an FCC filing this week. Verizon told the FCC that its annual analysis should be "broad enough to account for broadband deployment overall... including how consumers may use mobile broadband to supplement or substitute for fixed broadband."

House Minority Leader Pelosi on net neutrality: California will pave the way for a federal law

Sean Captain, Dell Cameron  |  Fast Company, Gizmodo

House Minority Leader Nancy Pelosi (D-CA) joined CA state senator Scott Wiener (D-San Francisco), firefighters, state legislators and community advocates in support of CA Senate Bill 822, which would enact the strongest net neutrality standards in the nation. “Once we have established California as a model of a state taking action, other states may follow,” she said. “And then I think you will see some of corporate America say, okay, let’s have a federal law because we don’t...want to do different things in different states,” she says. When asked how net neutrality plays into the midterm campaigns, Minority Leader Pelosi said, “Young voters are not particularly partisan, but they know what issues affect their lives. And every place I go, [net neutrality] is one of the issues...the millennials bring up.”

“Pretty soon I’m sure we’ll be able to say ‘congratulations California on net neutrality.’” Pelosi said. Gov Jerry Brown (D-CA) has until the end of Sept to sign the bill.

Platforms

Inside Facebook’s Election ‘War Room’

Sheera Frenkel, Mike Isaac  |  New York Times

Although it is not much to look at now, as of the week of Sept 24 the "War Room" will be Facebook’s headquarters for safeguarding elections. More than 300 people across the company are working on the initiative, but the War Room will house a smaller team of about 20 people focused on rooting out disinformation, monitoring false news and deleting fake accounts that may be trying to influence voters before coming elections in the United States, Brazil and other countries. “We see this as probably the biggest companywide reorientation since our shift from desktops to mobile phones,” said Samidh Chakrabarti, who leads Facebook’s elections and civic engagement team. The company, he added, “has mobilized to make this happen.”

Chakrabarti, who joined Facebook about four years ago from Google, said one of the new tools the company is introducing is custom-designed software that helps track information flowing across the social network in real time. These dashboards resemble a set of line and bar graphs with statistics that provide a view into how activity on the platform is changing. They allow employees to zero in on, say, a specific false news story in wide circulation or a spike in automated accounts being created in a particular geographic area. “The best outcome for us is that nothing happens in the War Room,” he said. “Everything else we are doing is defenses we are putting down to stop this in the first place.”

Privacy

Sen Thune eyes 2019 for privacy legislation push

Ashley Gold  |  Politico

As the Senate Commerce Committee prepares to bring in tech and telecom officials for a hearing on consumer privacy, Chairman John Thune (R-SD) has suggested Congress should legislate. That would be welcome to many tech and telecom heavyweights wary of a patchwork of state privacy rules (like those recently passed in California) that could be more onerous to deal with than a single federal framework. Chairman Thune said, “We’re trying to take some of the best ideas out there” and “incorporate them into a legislative package.” But Chairman Thune can read a calendar. “We probably don’t have enough time in the clock this year to do anything major on privacy,” he said. “I think there are some things that could happen; maybe it doesn’t happen this year, but we’re at least setting the stage.” He said the upcoming hearing is important for “building that record” to try “to develop a plan.” Thune’s first-leg-of-a-marathon approach may clash with the sense of urgency some of his Senate colleagues have brought to the privacy conversation. But his remarks matter because the players will be different in 2019. If Chairman Thune rises in the ranks and becomes GOP whip after the midterms, for instance, he will no longer lead the Commerce Committee. Democrats could regain control of at least one chamber. And the House Telecom Subcommittee will have different leadership no matter what. Current-Chairman Marsha Blackburn (R-TN) isn’t seeking reelection to her House seat as she runs for Senate, so there will be a different lawmaker holding that gavel even if Republicans keep the House. All these factors point to a privacy playbook in flux next year.

California Attorney General gets Privacy Boost

Cristiano Lima  |  Politico

Gov. Jerry Brown (D-CA) signed into law a state funding bill that will grant Attorney General Xavier Becerra $700,000 and five new staffers to help craft and implement the state’s sweeping new privacy law. AG Becerra has reportedly told Gov. Brown he expects to issue final rules under the law by June 2019, in advance of the measure taking effect on Jan. 1, 2020. The newly-minted funding law will help bolster the state’s effort to install what’s been touted as the strongest state-level online privacy safeguards in the country. The privacy measure passed in June over strong objections from tech and telecom trade associations, who cited “the timing of the Attorney General’s rulemaking process” as their “most immediate concern” in a letter calling for state legislators to delay implementation.

How Becerra’s rulemaking process plays out may factor into how lawmakers approach privacy at the federal level. Some tech industry groups have already come out in favor of national privacy standards that would preempt California’s law. An aggressive approach from AG Becerra could become exhibit A in the tech industry’s case for preemption in any federal legislation.

Emergency Communications

Google, T-Mobile Tackle 911 Call Problem

Sarah Krouse  |  Wall Street Journal

Emergency call operators will soon have an easier time pinpointing the whereabouts of Android phone users. Google has struck a deal with T-Mobile to pipe location data from cellphones with Android operating systems in the US to emergency call centers. The move is a sign that smartphone operating system providers and carriers are taking steps to improve the quality of location data they send when customers call 911. Locating callers has become a growing problem for 911 operators as cellphone usage has proliferated. Wireless devices now make 80% or more of the 911 calls placed in some parts of the US.

While landlines deliver an exact address, cellphones typically register only an estimated location provided by wireless carriers that can be as wide as a few hundred yards and imprecise indoors. That has meant that while many popular applications like Uber can pinpoint users, 911 call takers can’t always do so. Technology giants such as Google and Apple that run phone operating systems need a direct link to the technology used within emergency call centers to transmit precise location data. Most T-Mobile customers with Android operating systems will now send location data from Google’s emergency location services via their carrier. In markets where RapidSOS is integrated into emergency call centers, Android users will send the information through the upstart company.

Verizon denies allegations that it’s degrading mobile data service for Hurricane Florence victims

Brian Fung  |  Washington Post

In a post on reddit, a person identifying themselves as a Verizon customer in North Carolina complained about a lack of mobile data service, writing,

We traveled into a bigger town and called Verizon to check and see if there was a data outage and when we could expect it to be restored. Only, I was told that my unlimited plan was deprioritized for being to low tier of a plan. But if I upgraded to a higher plan my service would be restored.

Contacted by the Washington Post, Verizon spokesperson Richard Young said,

The most likely scenario is that the customer, who can’t connect to the Internet, is in an area that has lost cell service.

Young says Verizon has reached out to the reddit user who posted the claim, but has not received a response. 

Security

Sen. Wyden pushes changes to protect senators’ personal accounts from continued threats

Karoun Demirjian  |  Washington Post

A major technology company has been telling senators and their staffers that their personal email accounts were targeted by foreign hackers, Sen. Ron Wyden (D-OR), a senior Democrat on the Senate Intelligence Committee, claimed in a letter to leaders. He used the letter to question why the Senate sergeant-at-arms did not have a clear mandate to help protect the personal accounts and devices of senators and their staffers as well as the official ones. “This approach must change to keep up with changing world realities,” Sen. Wyden said in his letter, in which he pointed out that similar personal protections are provided to “high-value targets” at the Pentagon. He stressed that the stakes are particularly high in advance of the midterm elections, noting that “the Senate simply does not have the luxury of further delays.” Wyden’s letter says the office of the sergeant-at-arms believes it is authorized to use its appropriated funds only for official government equipment and accounts.

Journalism

First Amendment group sues DOJ over seizure of New York Times reporter's phone, email records

John Bowden  |  Hill, The

A CA-based First Amendment group is suing the Justice Department in federal court over the agency's seizure of phone and email records from Ali Watkins, a reporter at The New York Times. In a lawsuit filed Sept 19 in US District Court for the Northern District of California, First Amendment Coalition (FAC) alleged that the Justice Department had violated the Freedom of Information Act (FOIA) by withholding documents related to the seizure of Watkins's email and phone records. Watkins, at the time, covered national security for the Times. The group is challenging the DOJ's collection of Watkins's records for months without her knowledge or consent, consequently preventing her ability to contest the collections in court. "Based on what we know now, it appears the DOJ ignored or somehow bypassed its important procedures for collecting journalists’ records — we want to know if that’s the case and, if so, why,” said David Snyder, the group's executive director. Snyder added that the group filed two FOIA requests earlier in 2018 for documents related to Watkins's case, but said that FAC has been stonewalled by the Justice Department.

Silicon Valley won’t promise to protect journalists. Lawmakers, you’re up.

D Victoria Baranetsky  |  Op-Ed  |  Columbia Journalism Review

Will I go to prison for violating the terms of service? This is the question journalists must ask themselves, now, when writing data stories based on public information collected from a website, such as Facebook or Twitter. Violating a terms of service that prohibits scraping can carry with it possible criminal liability under the Computer Fraud and Abuse Act (CFAA). No journalists have been prosecuted under this statute, but their sources have, and some journalists have been asked to stop using specific reporting tools by Facebook. Moreover, the company is well within its legal rights to bring claims against journalists in the future under the statute. To address these issues, in Aug, the Knight Institute wrote a letter to Facebook, asking the company to change its terms to create a news-gathering exception to its ban on scraping. So far, the company has not complied with this request.

Because reporters must often either use these companies’ proprietary programming interfaces in order to gather the necessary information, or act covertly, legal advice has become essential in news gathering for these types of stories. Newsrooms with larger resources have attorneys who can advise journalists around the CFAA. Indeed, several newsrooms have begun providing legal trainings on the terms of service and the CFAA. But newsrooms without counsel as well as freelancers, who operate without legal advisors, are left largely at risk—leaving legislators at bat. And many news investigations have been stymied by the specter of the Computer Fraud and Abuse Act’s penalties. While we have found ways of obtaining needed data through legal paths, the law creates real hurdles—and those hurdles must be removed.

[D Victoria Baranetsky is general counsel at The Center for Investigative Reporting.]

Government & Communications

Commissioner Rosenworcel Launches New Podcast Focused On Women In Technology

Press Release  |  Federal Communications Commission

Federal Communications Commissioner Jessica Rosenworcel launched “Broadband Conversations,” a podcast dedicated to highlighting women who are making an impact on our digital lives. Each episode, Commissioner Rosenworcel will talk to women who are breaking new ground and forging new paths in technology, media, and innovation about what they’re working on, what’s on their minds, what they think is the next for the future. The first episode, featuring Sen Catherine Cortez Masto (D-NV), was released Sept 19. In the episode, Commissioner Rosenworcel and Sen Cortez Masto discuss how we can get more girls coding, how our cities can be smarter, and why getting connected and online is essential for everyone to have a fair shot at 21st century success. Broadband Conversations can be found at the FCC, iTunes, Google Podcasts on Android, and GooglePlay.

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