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Broadband Roundup: FTC Against Public Utility Broadband Regulation, Holder Slaps Tech Industry, and FCC Video News

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WASHINGTON, October 2, 2014 ­- Federal Trade Commissioner Maureen Ohlhausen warned that reclassifying broadband under public utility regulation including in Title II of the Communications Act would put ISPs beyond the legal reach of the FTC, the Washington Post reported. The item was previously reported in Broadband Breakfast. Currently, the FTC is not able to bring actions against common carriers. Title II reclassification would put many more companies under such a regime.

Ohlhausen stated that she is less worried about the loss of FTC power, and more about consumers’ loss of FTC protection. While Ohlhausen and the FTC have not explicitly stated how best protect the open internet, her comments are a testament to the Commission’s conviction in the power of antitrust law to oversee internet service providers.

Holder Slaps Tech Sector on Mobile Device Encryption

Departing Attorney General Eric Holder said that new forms of device encryption, including those expected to be included in Apple’s iOS 8 and Google’s Android L, could put children at increased risk, the Washington Post reported. Holder warned that the inability to decrypt mobile device data could jeopardize investigations into time-sensitive crimes like kidnapping.

“It is fully possible to permit law enforcement to do its job while still adequately protecting personal privacy,” Holder said. “When a child is in danger, law enforcement needs to be able to take every legally available step to quickly find and protect the child and to stop those that abuse children. It is worrisome to see companies thwarting our ability to do so.”

Many privacy advocates claim that companies like Google and Apple are just adding the same type encryption that has historically been found in personal computers. Many individuals now use their personal mobile devices as their “computer.”

FCC Overturns Sports Blackout Rule, Wants Comcast Programming Contracts

In a unanimous decision, the Federal Communications Commission on Tuesday announced that it would repeal the sports blackout rule, which commissioners called “outdated.” The rule prohibited satellite and cable operators from airing particular sports events on local broadcast stations. This often prevented local consumers from watching their teams’ games.

Separately, the FCC is asking media companies for their programming agreements with Comcast in order to aid in its review of the cable company’s proposed merger with Time Warner Cable. The information in the agreements, along with additional documents and data pertaining to the deal negotiations, would allow the Commission to assess the leverage the combined cable company would have over its media partners, the agency said.

However, the agency has received pushback from media companies like CBS, 21st Century Fox, Disney, and Viacom. They say their programming contracts contain “extremely sensitive business data and information, and highly proprietary and scrupulously protected terms and conditions,” reported The Wall Street Journal.

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Americans Should Look to Filtration Software to Block Harmful Content from View, Event Hears

One professor said it is the only way to solve the harmful content problem without encroaching on free speech rights.

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Photo of Adam Neufeld of Anti-Defamation League, Steve Delbianco of NetChoice, Barak Richman of Duke University, Shannon McGregor of University of North Carolina (left to right)

WASHINGTON, July 21, 2022 – Researchers at an Internet Governance Forum event Thursday recommended the use of third-party software that filters out harmful content on the internet, in an effort to combat what they say are social media algorithms that feed them content they don’t want to see.

Users of social media sites often don’t know what algorithms are filtering the information they consume, said Steve DelBianco, CEO of NetChoice, a trade association that represents the technology industry. Most algorithms function to maximize user engagement by manipulating their emotions, which is particularly worrisome, he said.

But third-party software, such as Sightengine and Amazon’s Rekognition – which moderate what users see by bypassing images and videos that the user selects as objectionable – could act in place of other solutions to tackle disinformation and hate speech, said Barak Richman, professor of law and business at Duke University.

Richman argued that this “middleware technology” is the only way to solve this universal problem without encroaching on free speech rights. He suggested Americans in these technologies – that would be supported by popular platforms including Facebook, Google, and TikTok – to create the buffer between harmful algorithms and the user.

Such technologies already exist in limited applications that offer less personalization and accuracy in filtering, said Richman. But the market demand needs to increase to support innovation and expansion in this area.

Americans across party lines believe that there is a problem with disinformation and hate speech, but disagree on the solution, added fellow panelist Shannon McGregor, senior researcher at the Center for Information, Technology, and Public Life at the University of North Carolina.

The conversation comes as debate continues regarding Section 230, a provision in the Communications Decency Act that protects technology platforms from being liable for content their users post. Some say Section 230 only protects “neutral platforms,” while others claim it allows powerful companies to ignore user harm. Experts in the space disagree on the responsibility of tech companies to moderate content on their platforms.

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Big Tech

Surveillance Capitalism a Symptom of Web-Dependent Companies, Not Ownership

Former Google executive Richard Whitt critiqued Ben Tarnoff’s argument in ‘Internet for the People’ during Gigabit Libraries discussion.

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Photo of Ben Tarnoff, co-founder of magazine Logic and the author of “Internet for the People”

July 15, 2022 – A former Google executive  pushed back against a claim that the privatization of broadband infrastructure has created the world’s current data and privacy concerns, instead suggesting that it’s the companies that rely on the web that have helped fuel the problem.

Richard Whitt, president of technology non-profit GLIA Foundation and former employee of Google, argued that while the World Wide Web is rife with problems, the internet infrastructure underlying the web remains fundamentally sound.

Whitt was responding to claims made by Ben Tarnoff, a journalist and founder of Logic Magazine, at the Libraries in Response event on July 8. Tarnoff argued – as he does in his recent book, “Internet for the People” – that the privatization of broadband infrastructure in the 1990s has allowed the use and commodification of personal data for profit to flourish (known as surveillance capitalism).

The discussion took place during the Gigabit Libraries Network’s series “Libraries in Response.” The session was titled “If the Internet is Broken, How Can Libraries Help Fix it?”

Privatization, Tarnoff claims, has raised such issues as polarization of ideologies and the “annihilation of our privacy.” As a result, he said, the American people are losing trust in tech companies that “rule the internet.”

Whitt responded that the internet is working well based on the protocols, standardized rules for routing and addressing packets of data to travel across networks, derived at the onset of the internet.

The World Wide Web, a system built on the internet to allow communication using easy-to-understand graphical user interfaces, allowed for browsers and other applications to emerge, which have since perpetuated surveillance capitalism into the governing approach of the web that it is today, said Whitt, suggesting it’s not ownership of the hard infrastructure that’s the problem.

The advertising market that encourages surveillance extraction, analysis and manipulation is, and will continue to be, profitable, Whitt continued.

The discussion follows a Pew Research Center study that found that only half of Americans believe tech companies have a positive effect in 2019 compared to a seventy-one percent in 2015.

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Big Tech

American Innovation and Choice Online Act Has Panelists Divided on Small Business Impact

The bill is intended to prohibit product preferences on tech platforms, with some saying it could harm small companies dependent on those platforms.

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Panel at CSIS event on Thursday

WASHINGTON, July 6, 2022 – Observers are still divided about the effect on small business of legislation that is intended to keep large technology platforms from giving preference to their own products over others.

The Center for Strategic and International Studies hosted experts last month to discuss the American Innovation and Choice Online Act, which was introduced in January. The event heard both support for the bill, as well as concern that it could negatively impact smaller businesses that rely on the larger platforms.

“Existing antitrust law is not going to be enough to rein in the power of the largest tech platforms,” Charlotte Slaiman, competition policy director at public interest group Public Knowledge, said, adding the AICOA is very important for small business competition “to get a fair shot.”

“Fundamentally this is a really important…for competition because this protects small companies that are potential competitors against one of these large platforms,” she added.

Krisztian Katona, vice president of global competition and regulatory policy at the Computer & Communications Industry Association, however, said that after performing a cost-benefit analysis of AICOA, he expects the legislation will hurt business competition.

He said that the legislation would increase operating costs for smaller companies and force these companies to reduce the cost of their services. He predicts that close to 100 companies by 2030 would be negatively impacted by the legislation if it becomes law.

Others agree with Katona. A report in March by the Small Business and Entrepreneurship Council said small business owners felt the AICOA could be detrimental to them, saying it could increase prices. Meanwhile Michael Petricone, senior vice president of the Consumer Technology Association, said in June that small businesses would be affected the most by big tech regulation because they depend on those platforms.

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