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June 2016

July 1, 2016 (President Obama Signs FOIA Bill)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for FRIDAY, JULY 1, 2016
Happy Friday! Be sure to follow us on Twitter -- @benton_fdn

GOVERNMENT & COMMUNICATIONS
   President Obama signs bill to expand access to federal records
   FACT SHEET: Launching the Data-Driven Justice Initiative: Disrupting the Cycle of Incarceration [links to White House, The]
   Tech companies sign on to White House push for refugee aid [links to Hill, The]
   Apple’s R&D spending levels should be wake-up call for policymakers - AEI op-ed [links to Benton summary]
   How Civic Interests Are Helping Shape Government Innovation [links to Government Technology]
   IT Modernization Fund: Hope on the Hill? [links to nextgov]

ELECTIONS & MEDIA
   Democratic FEC Commissioners voted to punish Fox News over debate changes
   Hillary Clinton and Donald Trump are worlds apart on tech policy issues
   Can Hillary Clinton emojis win over the Snapchat generation?
   Trump fundraising e-mails overseas prompt complaints here and abroad [links to Benton summary]
   Opinion: Trump is low-tech [links to Washington Post]
   New Report Looks at Campaign Finance Laws in Seven Countries - Library of Congress [links to Benton summary]
   2016 is the cable-news election [links to Washington Post]

WIRELESS/SPECTRUM
   5G and Next Generation Wireless: Implications for Policy and Competition - ITIF report
   The future of your cell service depends on this auction that just had a little hiccup [links to Benton summary]
   Senators Question FCC Repack Time, Money [links to Benton summary]
   Verizon and Samsung unveil 4G LTE Network Extender for homes and businesses [links to Verizon]

OWNERSHIP
   NAB FOIA's FCC Media Ownership Work Product

CONTENT
   Spotify says Apple won’t approve a new version of its app because it doesn’t want competition for Apple Music
   Sharing and on-demand services attract a small but active group of ‘super users’ - Pew research [links to Benton summary]
   Justice Department Won’t Alter Music Industry Royalty Rules [links to New York Times]
   Facebook is shutting down its Paper newsreading app on July 29th [links to Verge, The]
   It's time for Netflix to release its viewership data - The Verge analysis [links to Benton summary]
   Google to provide earthquake data in search [links to Hill, The]

SECURITY/PRIVACY
   House Homeland Security Committee Majority Staff Report: Going Dark, Going Forward - research
   DNC Hacker Denies Russian Link, Says Attack Was His ‘Personal Project' [links to Vice]
   How to protect your data in hotels, airports and other public spaces when traveling [links to Washington Post]

INTERNET/BROADBAND
   Is the Open Internet Order an “Economics-Free Zone”? - Free State Foundation [links to Benton summary]
   Google's giant new trans-Pacific internet cable goes online June 30 [links to Verge, The]

TELEVISION
   Rep Pallone Buoyed By FCC, Industry Set-Top Talks [links to Broadcasting&Cable]
   NCTA: Sloganeering Doesn't Make Set-Top Plan Lawful [links to Broadcasting&Cable]
   The Total Audience Report: Q1 2016 - press release [links to Benton summary]

JOURNALISM
   Can narrative journalism overcome the political divide? [links to Columbia Journalism Review]

EDUCATION
   How Do We Know When Technology Helps—or Hurts—the Classroom? Educators at ISTE Weigh In [links to EdSurge]

HEALTH
   USDA Announces Telemedicine Funding to Address Opioid Epidemic in Appalachia [links to US Department of Agriculture]

LABOR
   Presidential Proclamation -- Implementing the World Trade Organization Declaration on the Expansion of Trade in Information Technology Products and For Other Purposes [links to White House, The]
   Op-Ed: Platform thinking in the expectation economy [links to Revere Digital]

STORIES FROM ABROAD
   Viewing Brexit through a digital lens - Brookings [links to Benton summary]
   China's Internet czar steps down in surprise move [links to CNNMoney]
   In search for growth Netflix looks to China [links to USAToday]
   Police raid Google's offices in Spain Related to a Tax Investigation [links to CNNMoney]
   The European Union is updating its electronic signature laws -- The rules move the EU towards a Digital Single Market [links to Verge, The]

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GOVERNMENT & COMMUNICATIONS

PRESIDENT OBAMA SIGNS BILL TO EXPAND ACCESS TO FEDERAL RECORDS
[SOURCE: The Hill, AUTHOR: Mario Trujillo]
President Barack Obama signed into law a bill to strengthen the government’s open records laws. The legislation to update the Freedom of Information Act (FOIA) made it over the finish line after years of delays, which were partly blamed on behind-the-scenes opposition in the Administration. The changes would put the force of law into a 2009 Obama directive urging agencies to err on the side of disclosure when handling open records requests. Journalists, researchers and Congress have all criticized the current system, which often results in agencies delaying requests for years and many times requires litigation to finally dislodge the federal records. The new law codifies a so-called presumption of openness, which critics say executive agencies have not lived up to despite Obama’s directive. Under the new provisions, agencies would have to point to a specific "foreseeable harm" when withholding documents. The legislation will also limit the government’s withholding of documents related to the deliberative process — an exemption that is widely used and some say abused — if the records are more than 25 years old. The legislation would also create a single FOIA request portal for all agencies, make more documents available online and give more authority to the government’s FOIA ombudsman. The legislation is the first major overhaul of the 1966 law in more than a decade, and it has been a long time coming.
benton.org/headlines/president-obama-signs-bill-expand-access-federal-records | Hill, The
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ELECTIONS & MEDIA

DEMOCRATIC FEC COMMISSIONERS VOTED TO PUNISH FOX NEWS OVER DEBATE CHANGES
[SOURCE: Fox News, AUTHOR: Judson Berger]
Democratic members of the Federal Election Commission, in a decision made public June 30, voted in May to punish Fox News over criteria changes for the network’s first Republican presidential primary debate – but were blocked by Republican commissioners. FEC Commissioner Lee Goodman, one of those who voted to block the move, called the attempt to punish Fox News over the debate changes “astonishing” and described it as a move toward censorship. The vote concerned changes made to the criteria for the Fox News-hosted GOP primary debate on Aug 6, 2015 in Cleveland (OH). For that debate, Fox News decided to alter the format – hosting two debates instead of one and expanding the first debate for lower-polling candidates to include any candidate identified as such in national polls. Seven candidates ultimately participated in the first debate, and 10 participated in the prime-time event. A complaint subsequently was filed with the FEC claiming those changes were tantamount to an illegal corporate contribution to the candidates on stage.
benton.org/headlines/democratic-fec-commissioners-voted-punish-fox-news-over-debate-changes | Fox News | Washington Post
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CLINTON AND TRUMP ARE WORLDS APART ON TECH POLICY ISSUES
[SOURCE: Revere Digital, AUTHOR: Dawn Chmielewski]
Hillary Clinton laid out an extensive technology and innovation agenda in a briefing document that amounts to a giant valentine to Silicon Valley. Meanwhile, Clinton’s likely Republican rival for the White House, Donald Trump, seems to have gone out of his way to antagonize the tech sector. Trump called for a boycott of Apple’s products a few months ago, as the company fought its encryption battle with the FBI. He has repeatedly beaten on Amazon.com CEO Jeff Bezos, warning that the owner of the Washington Post will face "huge anti-trust problems" should the Republican be elected president. So, just how do Clinton’s positions on issues like net neutrality, STEM education and broadband infrastructure compare with those of Trump? We broke it down.
benton.org/headlines/hillary-clinton-and-donald-trump-are-worlds-apart-tech-policy-issues | Revere Digital
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CAN HILLARY CLINTON EMOJIS WIN OVER THE SNAPCHAT GENERATION?
[SOURCE: CNNMoney, AUTHOR: Sara Ashley O'Brien]
Emojis might just be the political cartoon for the Snapchat generation. That's the thinking behind a new iOS emoji keyboard called Hillarymoji. The keyboard hit the Apple store June 30 with 20 Hillary Clinton-related stickers.
It features emojis like Clinton sporting a T-shirt that reads, "The future is female," Clinton channeling "Rosie the Riveter," and a pink credit card that reads "Woman Card" in a nod to Donald Trump's now infamous phrase. The goal behind Hillarymoji is to get the younger generation politically engaged. "It's a group she has got to bring over from the Bernie [Sanders] camp. It's another tool to the arsenal to help do that," said Dave Renz, cofounder of software development consultancy Tanooki Labs and cocreator of Hillarymoji. "We're very focused on fact that these can't be stupid emojis. We put a lot of thought into making it conversational so they'll actually be used." But unlike other emoji keyboards, it's not all entertainment. In addition to sending stickers to friends, there's also a call-to-action in the keyboard itself that directs people to Clinton's donation page. Those who donate will have access to a special Clinton emoji.
benton.org/headlines/can-hillary-clinton-emojis-win-over-snapchat-generation | CNNMoney
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WIRELESS/SPECTRUM

5G AND NEXT GENERATION WIRELESS REPORT
[SOURCE: Information Technology and Innovation Foundation, AUTHOR: Doug Brake]
Today’s 4G networks face three general challenges, providing the impetus to develop the 5G successor: the need to enhance mobile broadband with great capacity and reliability for consumers, the need for a network that can support massive deployment of the Internet of Things, and the need for a highly dependable network to support critical communications and public safety functions. In addressing these challenges, 5G will move beyond networks built only for mobile phones and toward networks that connect all kinds of devices. 5G delivers greatly increased capacity for broadband, but also far more numerous and less costly connections to support the growth of the Internet of Things. It will do so by relying on three main technologies as building blocks: large swaths of high-band spectrum, advanced antenna technologies, and more flexible networking software. In order to see 5G networks truly flourish, policymakers need to take action:
First, at the national level, policymakers should focus first on bringing high-band “millimeter wave” spectrum to market, rather than attempting to control the standards-setting process. Here, the Federal Communications Commission is setting a good example, working to get high-band spectrum into the hands of innovators.
Second, local governments should help streamline infrastructure deployment. Wired backhaul connections and small-cell siting will be key to the dense wireless networks of tomorrow. Municipalities should view 5G deployment as a cooperative effort, bringing additional connectivity to improve citizens’ lives and enhancing government services.
benton.org/headlines/5g-and-next-generation-wireless-implications-policy-and-competition | Information Technology and Innovation Foundation | Broadcasting&Cable
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OWNERSHIP

NAB FOIA'S FCC MEDIA OWNERSHIP WORK PRODUCT
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
In the wake of Federal Communications Commission Chairman Tom Wheeler's circulation of a quadrennial review of broadcast ownership regulations that leaves them essentially intact and, arguably, even tougher, the National Association of Broadcasters wants access to the data the FCC used to come up with that result. Apparently, the move was an unusual one for the association, but that they were scratching their heads over how the FCC could draw their conclusion. NAB General Counsel Rick Kaplan filed the Freedom of Information Act (FOIA) request June 30, saying he wanted access to studies, reports, articles, surveys, and other sources of information in a host of dockets related to the rules and the review. NAB had asked the FCC to loosen or eliminate local ownership and cross-ownership rules. Chairman Wheeler instead circulated an item concluding they were still necessary, including trying to restore a joint services agreement tightening a federal court remanded, and extending the duopoly restrictions to affiliation switches.
benton.org/headlines/nab-foias-fcc-media-ownership-work-product | Broadcasting&Cable
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CONTENT

SPOTIFY SAYS APPLE WON'T APPROVE NEW VERSION OF APP
[SOURCE: Revere Digital, AUTHOR: Peter Kafka]
Spotify says Apple is making it harder for the streaming music company to compete by blocking a new version of its iPhone app. In a letter sent to Apple’s top lawyer, Spotify says Apple is “causing grave harm to Spotify and its customers” by rejecting an update to Spotify’s iOS app. The letter says Apple turned down a new version of the app while citing “business model rules” and demanded that Spotify use Apple’s billing system if “Spotify wants to use the app to acquire new customers and sell subscriptions.” The letter, sent by Spotify general counsel Horacio Gutierrez to Apple general counsel Bruce Sewell on June 26, suggests that Spotify intends to use the standoff as ammunition in its fight over Apple’s rules governing subscription services that use its App store. “This latest episode raises serious concerns under both US and EU competition law,” Gutierrez wrote.
benton.org/headlines/spotify-says-apple-wont-approve-new-version-its-app-because-it-doesnt-want-competition | Revere Digital
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SECURITY/PRIVACY

GOING DARK, GOING FORWARD
[SOURCE: US House Homeland Security Committee , AUTHOR:]
The House Homeland Security Committee has produced this primer to briefly describe important themes and considerations surrounding the widespread use of encryption technologies—including the practical and economic value encryption brings to certain industries and the wider market; the impact ubiquitous encryption is having on law enforcement; the ways in which various governments around the world are responding to this challenge; and a discussion of some existing legislative proposals. Finally, this document explains why future progress in addressing these challenges will likely depend on a more formal national discussion involving the necessary stakeholders in the form of a national commission on digital security.
benton.org/headlines/house-homeland-security-committee-majority-staff-report-going-dark-going-forward | House Homeland Security Committee | The Guardian
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The future of your cell service depends on this auction that just had a little hiccup

The federal government wants to transfer as much as 100 megahertz of airwaves from the broadcast TV industry to carriers such as Verizon and T-Mobile in a historic auction that could pave the way for lots more mobile data capacity. That potentially means faster mobile Internet, more connected devices and new services and features.

The problem is, there may not be enough demand for all those airwaves. And that could reduce the new capacity that reaches consumers like you and me, as well as how much money the government can raise. Recently, the Federal Communications Commission said putting all that radio spectrum in the hands of wireless carriers would cost the companies, collectively, more than $86 billion. That's a staggering figure that indicates there may be a lot of spectrum to go around. The agency didn't pull this number from thin air; what it reflects is how many TV stations apparently anticipate making some money by going off the air or moving to a different channel. In plain English, this means the FCC may need to revise its target a few times before it's confident it can match supply with demand.

President Obama signs bill to expand access to federal records

President Barack Obama signed into law a bill to strengthen the government’s open records laws. The legislation to update the Freedom of Information Act (FOIA) made it over the finish line after years of delays, which were partly blamed on behind-the-scenes opposition in the Administration. The changes would put the force of law into a 2009 Obama directive urging agencies to err on the side of disclosure when handling open records requests. Journalists, researchers and Congress have all criticized the current system, which often results in agencies delaying requests for years and many times requires litigation to finally dislodge the federal records.

The new law codifies a so-called presumption of openness, which critics say executive agencies have not lived up to despite Obama’s directive. Under the new provisions, agencies would have to point to a specific "foreseeable harm" when withholding documents. The legislation will also limit the government’s withholding of documents related to the deliberative process — an exemption that is widely used and some say abused — if the records are more than 25 years old. The legislation would also create a single FOIA request portal for all agencies, make more documents available online and give more authority to the government’s FOIA ombudsman. The legislation is the first major overhaul of the 1966 law in more than a decade, and it has been a long time coming.

NAB FOIA's FCC Media Ownership Work Product

In the wake of Federal Communications Commission Chairman Tom Wheeler's circulation of a quadrennial review of broadcast ownership regulations that leaves them essentially intact and, arguably, even tougher, the National Association of Broadcasters wants access to the data the FCC used to come up with that result. Apparently, the move was an unusual one for the association, but that they were scratching their heads over how the FCC could draw their conclusion.

NAB General Counsel Rick Kaplan filed the Freedom of Information Act (FOIA) request June 30, saying he wanted access to studies, reports, articles, surveys, and other sources of information in a host of dockets related to the rules and the review. NAB had asked the FCC to loosen or eliminate local ownership and cross-ownership rules. Chairman Wheeler instead circulated an item concluding they were still necessary, including trying to restore a joint services agreement tightening a federal court remanded, and extending the duopoly restrictions to affiliation switches.

Can Hillary Clinton emojis win over the Snapchat generation?

Emojis might just be the political cartoon for the Snapchat generation. That's the thinking behind a new iOS emoji keyboard called Hillarymoji. The keyboard hit the Apple store June 30 with 20 Hillary Clinton-related stickers. It features emojis like Clinton sporting a T-shirt that reads, "The future is female," Clinton channeling "Rosie the Riveter," and a pink credit card that reads "Woman Card" in a nod to Donald Trump's now infamous phrase. The goal behind Hillarymoji is to get the younger generation politically engaged.

"It's a group she has got to bring over from the Bernie [Sanders] camp. It's another tool to the arsenal to help do that," said Dave Renz, cofounder of software development consultancy Tanooki Labs and cocreator of Hillarymoji. "We're very focused on fact that these can't be stupid emojis. We put a lot of thought into making it conversational so they'll actually be used." But unlike other emoji keyboards, it's not all entertainment. In addition to sending stickers to friends, there's also a call-to-action in the keyboard itself that directs people to Clinton's donation page. Those who donate will have access to a special Clinton emoji.

Hillary Clinton and Donald Trump are worlds apart on tech policy issues

Hillary Clinton laid out an extensive technology and innovation agenda in a briefing document that amounts to a giant valentine to Silicon Valley. Meanwhile, Clinton’s likely Republican rival for the White House, Donald Trump, seems to have gone out of his way to antagonize the tech sector. Trump called for a boycott of Apple’s products a few months ago, as the company fought its encryption battle with the FBI. He has repeatedly beaten on Amazon.com CEO Jeff Bezos, warning that the owner of the Washington Post will face "huge anti-trust problems" should the Republican be elected president. So, just how do Clinton’s positions on issues like net neutrality, STEM education and broadband infrastructure compare with those of Trump? We broke it down.

Spotify says Apple won’t approve a new version of its app because it doesn’t want competition for Apple Music

Spotify says Apple is making it harder for the streaming music company to compete by blocking a new version of its iPhone app. In a letter sent to Apple’s top lawyer, Spotify says Apple is “causing grave harm to Spotify and its customers” by rejecting an update to Spotify’s iOS app. The letter says Apple turned down a new version of the app while citing “business model rules” and demanded that Spotify use Apple’s billing system if “Spotify wants to use the app to acquire new customers and sell subscriptions.”

The letter, sent by Spotify general counsel Horacio Gutierrez to Apple general counsel Bruce Sewell on June 26, suggests that Spotify intends to use the standoff as ammunition in its fight over Apple’s rules governing subscription services that use its App store. “This latest episode raises serious concerns under both US and EU competition law,” Gutierrez wrote.

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