Government & Communications

I trust that the people of this country have not so lost their love of truth that they would allow their leaders to vilify our brothers and sisters who seek out and report on the truth so that we can aptly practice our democracy.  Who can argue with the importance of a free press to our nation, our democracy, our liberty? And who would try to turn the people against our own tool for holding government accountable? That is the work of tyrants – and tyrants are the true enemy of the people.

In America we want institutions that make our democracy strong—that seems like a no brainer. So as one line of thinking goes, antitrust enforcers should step beyond consumer welfare and think about what would be good or bad for our democracy, or for values like the free speech the First Amendment protects. The suggestion is that perhaps enforcers should broaden the consumer welfare lens to think about effects on democracy or expression. I’d like to focus my remarks today on two responses to that suggestion.

Supreme Court justices wrestled with Microsoft’s dispute with the US Justice Department over whether prosecutors can force technology companies to hand over data stored overseas, with some signaling support for the government and others urging Congress to pass a law to resolve the issue. Microsoft argues that laws have not caught up to modern computing infrastructure and it should not hand over data stored internationally. The Justice Department argues that refusing to turn over easily accessible data impedes criminal investigations.

A group of Democratic Reps are seeking documents from Attorney General Jeff Sessions relating to the Justice Department’s decision to file a lawsuit to block AT&T’s planned merger with Time Warner. They are interested in whether the decision was in any way impacted by President Donald Trump’s disdain for CNN, a unit of Time Warner. Makan Delrahim, the chief of the Antitrust Division, denies that the lawsuit was influenced by the White House.

Some White House officials view next-generation 5G wireless service as a “key area of competition,” and they say that the threat from China, in particular, justifies a “moonshot” government effort like the construction of the interstate highway system. A National Security Council memo urges the Trump administration to consider extraordinary efforts to clear the way for the new technology or even to help build it in order to counter the growing economic and political threat from China’s aggressive efforts to develop 5G. 

January 20, 2018 marks the one-year anniversary of Donald Trump’s inauguration. Last week, we documented the Federal Communications Commission’s policy priorities of the past year. This week, we look at President Trump’s war with the press. One of the greatest concerns going into the Trump Presidency was how his Administration would interact with the press. Just eight days into the Trump administration, we published The First Casualty is the Truth: Trump's Running War With the Media, which described the first combative week of the President Trump-press relationship.

I rise today to talk about the truth, and its relationship to democracy. For without truth, and a principled fidelity to truth and to shared facts, our democracy will not last. 2017 was a year which saw the truth – objective, empirical, evidence-based truth -- more battered and abused than any other in the history of our country, at the hands of the most powerful figure in our government. It was a year which saw the White House enshrine “alternative facts” into the American lexicon, as justification for what used to be known simply as good old-fashioned falsehoods.

Broadband providers--including both wired and wireless providers--complete Form 477 to report where they offer service, as well as what speeds they offer and the technologies they use, among other information. The data collected through Form 477 constitute a critical resource for the National Telecommunication & Information Administration, as well as other policymakers and researchers who are interested in understanding Internet access in the United States.

Sens Maria Cantwell (D-WA), Tom Udall (D-NM), and 13 of their Senate colleagues are requesting the inspector general of the Federal Communications Commission (FCC) open an investigation into the objectivity and impartiality of the FCC’s review of the proposed merger of Sinclair Broadcasting and Tribune Media.

For decades, the United States has fashioned itself the champion of an open internet, arguing that the web should be largely unregulated and that digital data should flow around the globe unhindered by borders. The government has argued against internet censorship abroad and even funded software that lets people in autocratic states get around online content restrictions.