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A year ago this month, Stanford Law School hosted a little-noticed meeting that may help decide the future of free speech online. It took place in the faculty lounge, where participants were sustained in their deliberations by bagels and fruit platters. Among the roughly two-dozen attendees, the most important were a group of fresh-faced tech executives, some of them in t-shirts and unusual footwear, who are in charge of their companies’ content policies. Their positions give these young people more power over who gets heard around the globe than any politician or bureaucrat—more power, in fact, than any president or judge. The session at Stanford concluded with the attendees passing a resolution for the formation of an “Anti-Cyberhate Working Group,” then heading over to Facebook’s headquarters to drink white wine out of plastic cups at a festive reception. But despite the generally laid-back vibe, the meeting, part of a series of discussions dating back more than a year, had a serious agenda. Because of my work on the First Amendment, I was asked to join the conversations, along with other academics, civil libertarians, and policymakers from the United States and abroad. Although I can’t identify all the participants by name, I am at liberty, according to the ground rules of our meetings, to describe the general thrust of the discussions, which are bringing together the Deciders at a pivotal time.
The Delete Squad: Google, Twitter, Facebook and the new global battle over the future of free speech
Google, Microsoft, Facebook's Mark Zuckerberg and other digital heavyweights increasingly are borrowing a favorite technique from the world of politics: secret money.
These top tech executives and their companies are embracing stealth, not-for-profit campaigns that can advertise and advance their pet causes — from tax and immigration reform to new online privacy laws — without ever disclosing a single donation. The groups are known by their tax designation, 501(c)(4), and until recently, they've been the domain of entrenched players such as Karl Rove and the Koch brothers. But interest on Capitol Hill in regulating the burgeoning tech sector has convinced Silicon Valley's power brokers they too must adopt a form of political advocacy that once would have been anathema to the Washington-wary industry.
The most prominent new example is FWD.us, the Zuckerberg-helmed collection of tech luminaries pumping millions of dollars into local television markets with ads promoting immigration reform to oil drilling. It joins a list of groups — from a Microsoft-backed immigration effort, to a Google-supported privacy campaign — that are also playing the D.C. secret-money game. If anything, the evolution highlights something of an irony: Even as Zuckerberg and other tech titans proselytize openness, many have closed off any public access to the full extent of their influence operations.
Silicon Valley learning the DC art of secret money
Clearwire will again tap financing from Sprint Nextel under their buyout deal, taking a $80 million draw for May that will be the last available before Clearwire shareholders vote on the deal.
In December, Sprint offered to buy the rest of Clearwire in a $2.2 billion deal, and provided the wireless broadband operator up to $800 million in financing that it could draw on in installments of $80 million over 10 months. The company didn't take that funding in January or February, as it was considering an offer from satellite TV company Dish Network, but took the cash in March and April. Clearwire shareholders are set to vote on the deal on May 21. In a regulatory filing, Clearwire warned that the failure of the Sprint deal could force it to stop its network overhaul if it can't find alternative funding. The company's board is "actively considering" whether to make a June 1 interest payment on about $4.5 billion of outstanding debt, in order to save cash if the deal doesn't close for any reason. Clearwire said that its current cash could last until the first quarter of 2014.
Clearwire to Take $80 Million Funding Draw From Sprint Clearwire Draws $80 Million From Sprint Ahead of Merger Vote (Bloomberg) Sprint CEO talks unlimited data, LTE, SoftBank and Dish Network (Los Angeles Times – Hesse interview)
First Lady Michelle Obama announced a partnership between the military and IT companies to help veterans more easily find jobs in the tech sector.
About 161,000 service members would gain the necessary certifications for 12 high-demand technology professions with the new program, according to the White House. In addition to announcing the IT Training and Certification Partnership, the event was also designed to explore other areas where the hiring process can be eased for veterans. With more than 1 million veterans expected to flood the marketplace in the next year, Mrs Obama noted it was one of the "most pressing issues we face."
First lady unveils program to help veterans find tech jobs First Lady Michelle Obama Announces a New Program to Help Transitioning Servicemembers Get IT Jobs (White House)
A lobbying group representing Internet companies including Google, Facebook and Yahoo is fighting back against a draft federal proposal that would make it easier for police to intercept online communications as they occur.
"The Department of Justice has not made the case for granting law enforcement broad new powers over Internet companies for purposes of new wiretap authority. There are a number of serious unintended consequences with this flawed proposal." Michael Beckerman, the CEO of The Internet Association, said. "A wiretap mandate for the Internet is dead on arrival," he added.
Internet lobby vows 'wiretap mandate' will be 'dead on arrival' in Congress
IAC/Interactive Corp. chairman and founder Barry Diller defended his investment in Aereo by arguing consumers have a "right" to the service and that the company is not simply exploiting a "legal loophole" in the law.
Diller also contended that recent threats made by executives at News Corp. and other broadcasters to move networks from broadcast to cable was really an effort to spur Congressional action. "I think what they are doing is making a lot of noise in the hopes they will get relief from Congress," he told Bloomberg TV. "That is actually what they are going. I do not think they see Aereo as a 'threat' but what they are nervous about is the shifting ground underneath them. As it becomes more and more difficult to justify ever increasing cable fees, satellite fees, as programmers and operators want more and more money and there are more and more programs, as that closed circle becomes ever more pricey there are going to be chinks in that armor if the technology which now allows it, will allow it. My attitude has been to jump into something that looks difficult and is against what people think will succeed and plant my little food. Sometimes it gets kicked." Diller described Aereo as a service for people who don't want to pay $150 a month for a multichannel service and who can live without ESPN. "If those are true for you as a consumer, being able to watch all free broadcast, all the events all of the local television for $8 a month is an alternative."
Diller: Aereo Is 'Not a Loophole; It Is a Right'
The New Mexico congressional delegation (two senators and three House members) are the latest to contact the Federal Communications Commission about protecting rural communications, particularly broadcast translators, in the incentive auctions meant to encourage broadcasters to give up their spectrum for auction to wireless.
Translators help carry over-the-air TV station signals to hard-to-reach geographic areas. In the letter, dated April 26, the legislators said the FCC needs to protect over-the-air signals after the incentive auctions, whether that is a full-power broadcaster or a translator. They point out that some of their constituents can't afford cable or satellite and others don't have access to high-speed broadband. For them, they say, broadcast TV is "all the more" useful for emergency communications.
NM Delegation Asks FCC to Protect Rural Broadcasting
In this Second Report and Order, the Federal Communications Commission implements section 718 of the Communications Act of 1934, as amended (Act), which was added by section 104 of the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA) to ensure that people with disabilities have access to emerging and innovative advanced communications technologies. Section 718 requires mobile phone manufacturers and mobile service providers that include or arrange for the inclusion of an Internet browser on mobile phones to ensure that the functions of the included browser are accessible to and usable by individuals who are blind or have a visual impairment, unless doing so is not achievable.
Specifically, the FCC took the following actions:
- Affirm that Internet browsers used for advanced communications services (ACS), that are installed or included by ACS equipment manufacturers or provided by ACS service providers, are software subject to section 716 of the Act.
- Find that sections 716 and 718 have overlapping requirements with respect to ensuring the accessibility of Internet browsers.
- Adopt implementing regulations for section 718 that are consistent with the Commission’s Part 14 rules implementing section 716.
- Decline to adopt requirements or safe harbors with respect to accessibility application programming interfaces (APIs).
- Retain section 14.31 of the Commission’s rules with respect to recordkeeping requirements applicable to manufacturers and service providers subject to section 718.
FCC Adopts Accessibility Rules
Betaworks announced it had acquired the first read-it-later service, Instapaper, from its founder and developer, Marco Arment. With Instapaper's acquisition, Betaworks stuck a hand in another part of the hypertext ecosystem.
- Any link in any tweet from a news organization was probably shortened to something cute and custom -- and the market leader there is Bit.ly, owned by Betaworks.
- Even before that, the publication might use a tool to figure out when it should post stories on Twitter -- a tool sold by a company like Social Flow, which is owned by Betaworks.
- Littorally-proximate journalists will likely use a real-time analytics dashboard -- like Chartbeat, a Betaworks product.
- The leading social news aggregator of the moment is Digg, which--yes--Betaworks purchased and remade last summer.
- And when someone saves a story for later, they're likely to use the oldest product in that space, the product which has advertised on the Howard Stern Show and given itself away as Starbucks's free app of the week: Instapaper.
The Company That's Buying Up All the Key Pieces of the Online-News Ecosystem
In March of 1863, President Lincoln and Congress established the National Academy of Sciences as an independent and nonprofit institution charged with providing the government with the scientific advice that it needed. Today President Obama joined the current members of that body to celebrate the advances in science, engineering, infrastructure, innovation, education and environmental protection that can be attributed to the 150 years of work by the brilliant and committed scientists who have been elected and volunteered to serve their country.
While the National Academy of Sciences was created during the Civil War to help the Union understand the challenges new iron-clad battleships would create for the Navy, President Obama praised President Lincoln's wisdom in looking forward and recognizing that finding a way to harness the highest caliber scientific advice for the government would serve a whole range of long-term goals for the nation. And he highlighted the Academy's legacy of answering big questions and solving tough problems for the benefit of the nation.
President Obama Celebrates the 150th Anniversary of the National Academy of Sciences White House (read the President’s remarks) Obama defends funding for social sciences in speech (USA Today)