June 2014

President Obama’s Surveillance Report Gets Bipartisan Pushback

Sens Al Franken (D-MN) and Dean Heller (R-NV) are not satisfied with a new report from the Obama Administration on government surveillance programs, and say their Surveillance Transparency Act is still needed.

Their problem is that the report identifies the number of people targeted, not the number from whom information was collected. It also does not identify how many of those who had info collected were American, and how much of that wound up being reviewed by the government.

The pair said the report, issued by the Office of the Director of National Intelligence, is only a "small step" toward the surveillance transparency they are looking for.

“I recognize that this report is being offered in good faith," said Sen Franken, who suggested good faith didn't cut it. "[I]t still leaves Americans in the dark," he said. "It doesn’t tell the American people enough about what information is being gathered about them and how it’s being used."

Sen Heller added: “The report released by the Administration represents some progress, but it does not do near enough to provide Americans with adequate information

FCC Commences Connect America Phase II Challenge Process

The Federal Communications Commission’s Wireline Competition Bureau announces the commencement of the Connect America Phase II challenge process for price cap territories.

The Bureau also provides resources to assist parties in making challenges.

The Bureau encourages providers, state commissions, local governments, and any other interested parties to participate in the challenge process. The Bureau has released a list of census blocks that have been deemed initially eligible for Phase II support.

This list consists of census blocks that are: (1) shown as unserved by an unsubsidized competitor; (2) “high cost” according to the adopted Connect America Cost Model, which means that the census block has a calculated average cost per location above $52.50 and below $207.81; and (3) located in price cap territories.

Parties have until August 14, 2014, 45 days from the release of this Public Notice, to file before the FCC a challenge to the inclusion or exclusion of particular census blocks on the list. Challenges may only be based on the first criterion: whether the block is served by an unsubsidized competitor. Challengers may argue either that census blocks served by an unsubsidized competitor were improperly included on the list, or that census blocks unserved by an unsubsidized competitor that are otherwise eligible were improperly excluded from the list.

At the end of the 45-day challenge period, the Bureau will review the challenges received, then issue a public notice indicating which challenges have provided sufficient evidence to make a case that the Bureau’s initial determination regarding the status of a census block should be changed from served to unserved or vice versa.

After the close of the response period, the Bureau will make its final determination as to whether the challenged census blocks will be treated as served or unserved by an unsubsidized competitor for the purposes of Phase II and will issue the final list of census blocks eligible. That final list will be used for making an offer of Phase II model-based support to price cap carriers.

AT&T Unloads Its Stake in America Movil for $5.6 Billion

AT&T said that it is selling its stake in America Móvil, the large Latin American cell phone company and parent of US prepaid brand Tracfone.

Mexican billionaire Carlos Slim, the primary owner of America Móvil, will pay nearly $5.6 billion for AT&T’s stake, according to a regulatory filing.

“When we announced the DirecTV deal, we said that we would sell our stake in (America Movil) to facilitate the regulatory approval process in Latin America,” AT&T said.

Facebook’s emotional experiments on users aren’t all bad

[Commentary] Facebook scared some of its privacy-conscious users by revealing that it performed a scientific study on manipulating the emotional content of users' News Feeds.

Since the study came to light, the company has been accused of acting unethically -- even illegally -- by subjecting its users to an experiment without notice or consent. While the implications of the study are a little frightening, Facebook's study might actually have been a responsible thing to do. Some of the professors who did help with the study are with universities that are federally funded and subject to the Common Rule of the Institutional Review Board, which regulates how human subjects are used.

This makes the whole issue less clean-cut. Facebook did not have to publish the results the way it did, in a publicly available scientific journal.

Dr Nita Farahany, director of Duke University's master program in bioethics and science policy, points out that Facebook's experiment may not qualify as human subject research. "Facebook’s 'research' falls into a relatively new and under-theorized category of threats to individual autonomy," Farahany told Ars. "Advertisers attempt to manipulate human emotions through advertisements, A/B testing, subtle changes in wording all the time. And they attempt to measure the effects of those differences. Is this different?"

San Francisco, San Jose combine their Wi-Fi networks using Hotspot 2.0

The cities of San Francisco and San Jose are merging their two municipal Wi-Fi networks; at least on the virtual level. The two cities are using a new technology -- Hotspot 2.0 -- to let smartphones automatically connect and roam between their two networks as well as provide a layer of security on what wouldn’t normally be available in wide-open public hotspots.

SF wants its public hotspot network -- which now covers Market Street, the city’s main commercial corridor, but will soon expand to public parks -- to become a key component of its municipal infrastructure, useful for businesses, consumers and city workers. That demands encrypted connections, he said.

San Francisco Department of Technology CTO Flavio Aggio said he certainly isn’t blind to Hotspot 2.0’s potential for forming intercity networks. San Francisco and San Jose are connecting their networks, but Aggio said he is already in talks with other cities to include their municipal Wi-Fi grids in broader roaming agreements.

FCC Announces Posting Of Broadband Data From Urban Rate Survey And Seeks Comment On Calculation Of Reasonable Comparability Benchmark For Broadband Services

The Federal Communications Commission’s Wireline Competition Bureau proposes a specific methodology for calculating the reasonable comparability benchmark for fixed broadband services.

In the USF/ICC Transformation Order, the Commission required that as a condition of receiving Connect America Fund support, recipients must offer voice and broadband services in supported areas at rates that are reasonably comparable to rates for similar services in urban areas.

The methodology proposed here would result in a broadband benchmark that ranges from $68.48 to $71.84 for services meeting the current broadband performance standard of 4 Mbps downstream/1 Mbps upstream, with the specific benchmark depending on the associated usage allowance. The Bureau also announces the posting of the fixed broadband services data collected in the 2013 urban rate survey.

The first approach calculates the average using a subsample of observations based solely on download speed, without regard to usage or upstream speeds.

The second approach calculates the average by identifying the subset of observations that meet or exceed a minimum service level, and then for each provider that is captured in that sub-sample, computing the average based on the lowest rate offered by that provider that meets or exceeds the specified service level.

The third approach uses a simple weighted linear regression model that takes into account the impact of three dimensions of service on rates: upload speed, download speed, and usage allowance, if any.

We seek comment on survey proposals applying the aforementioned approaches.

NSA admits it lets the FBI access its warrantless spying database

The House of Representatives voted to bar the Obama Administration from engaging in a controversial surveillance practice that insiders call a "backdoor search."

A letter from the Obama Administration gives some hints about how common the practice is. The letter, addressed to Sen Ron Wyden (D-OR), admits that the National Security Agency, the Central Intelligence Agency, and the Federal Bureau of Investigation all conducted backdoor searches in 2013. At least 198 searches -- and possibly many more -- were seeking the contents of Americans' private communications. Here's how often government agencies engaged in the controversial practice in 2013:

  • The NSA brass approved searches for the contents of the communications of 198 Americans. Such content searches could include the audio of phone calls or the body of e-mails.
  • The NSA conducted approximately 9,500 searches for Americans' metadata -- information such as phone numbers dialed, email recipients, and the length of calls.
  • The CIA conducted "fewer than 1,900 queries" for information about Americans, of which 27 percent were duplicate searches for the same American.
  • The letter says the FBI doesn't keep track of how many queries it has performed, but "the FBI believes the number of queries is substantial." On the other hand, the FBI "only requests and receives a small percentage" of the NSA's collection of data acquired under the FISA Amendments Act.

Educational Technology Isn’t Leveling the Playing Field

Within the two very different Philadelphia communities of affluent Chestnut Hill and low-income Kensington, there are two places remarkably similar in the resources they provide: the local public libraries.

Each has been retooled with banks of new computers, the latest software and speedy Internet access.

Susan Neuman, a professor of early childhood and literacy education at NYU, and Donna Celano, an assistant professor of communication at LaSalle University in Philadelphia, spent hundreds of hours in the Chestnut Hill and Badlands libraries, watching how patrons used the books and computers on offer. The two were especially interested in how the introduction of computers might “level the playing field” for the neighborhoods’ young people, children of “concentrated affluence” and “concentrated poverty.”

They undertook their observations in a hopeful frame of mind: “Given the wizardry of these machines and their ability to support children’s self-teaching,” they wondered, “might we begin to see a closing of the opportunity gap?” Many hours of observation and analysis later, Neuman and Celanano were forced to acknowledge a radically different outcome: “The very tool designed to level the playing field is, in fact, un-leveling it,” they wrote in a 2012 book based on their Philadelphia library study. With the spread of educational technology, they predicted, “the not-so-small disparities in skills for children of affluence and children of poverty are about to get even larger.”

This is not a story of the familiar “digital divide”-- a lack of access to technology for poor and minority children. This has to do, rather, with a phenomenon Neuman and Celano observed again and again in the two libraries: Granted access to technology, affluent kids and poor kids use tech differently. They select different programs and features, engage in different types of mental activity, and come away with different kinds of knowledge and experience. The unleveling impact of technology also has to do with a phenomenon known as the “Matthew Effect”: the tendency for early advantages to multiply over time.

NTIA Announces New Members for Commerce Spectrum Management Advisory Committee (CSMAC)

The US Department of Commerce's National Telecommunications and Information Administration (NTIA) announced the appointment of experts from the private and nonprofit sectors to serve on the Commerce Spectrum Management Advisory Committee (CSMAC), which provides advice and expertise on a wide-range of spectrum policy and technical issues.

Committee members, appointed by the Secretary of Commerce for two-year terms, will provide the Assistant Secretary for Communications and Information with advice and recommendations aimed at strengthening the US global leadership role in wireless technology services and innovation while supporting the country’s homeland security, national defense, and other critical government missions.

The committee will be co-chaired by Larry Alder, director of access strategy at Google, and Mark Gibson, senior director of business development at Comsearch. Both Adler and Gibson previously served on CSMAC and are among the 17 returning members to the 28-member panel.

The new members are Audrey L. Allison, director of frequency management services, for Boeing; Michael S Chartier, director of spectrum technology at Intel's public policy group; Harold Feld SVP of public policy at Public Knowledge; Dr Paul Kolodzy, an independent telecommunications consultant; Dr Robert Kubik, director of communications policy and regulatory affairs for Samsung Electronics America; Dr. Giulia McHenry, an associate with The Brattle Group; Charla Rath, VP of wireless policy development at Verizon; Dr Jeffrey Reed, director of wireless at Virginia Tech; Kurt Schaubach, VP and CTO, National Rural Telecommunications Cooperative; Steve Sharkey, senior director, chief engineering and technology policy in T-Mobile’s government affairs office; Mariam Sorond, VP of technology development for DISH.

Uh oh, Aereo

[Commentary] The Aereo decision is bad news for consumers, since it could take away a promising new model for watching free over-the-air television. Cord-cutters still have options.

They can still access other online video services—and maybe some reconfigured version of Aereo -- and watch broadcast TV with an antenna. But there’s no doubt that the opinion (especially when considered alongside ivi and Sky Angel) is good for the network/affiliate/cable status quo.

Of course if you asked me on the record I would have told you that I was optimistic that a unanimous Supreme Court would simply adopt our brief. But like most observers I concluded that the Court was looking for a way to rule against Aereo but limit the collateral damage against the tech industry as a whole. Instead, the Court uses reasoning that could apply very easily to any number of online services -- file hosting, cloud lockers, even virtual private networks (VPNs) -- as well as services that no one has even come up with yet.