WASHINGTON, November 23, 2017 – Republicans on the House Energy and Commerce Committee on Wednesday praised plans by Federal Communications Commission Chairman Ajit Pai to roll back the network neutrality rules put in place by his predecessor, but pledged to work towards some sort of legislation that would outlaw blocking and throttling internet content currently prohibited by the threatened rules.
Reps. Greg Walden, R-Oregon, and Marsha Blackburn, R-Tennessee – the chairs of the full committee and communications subcommittee, respectively – released a joint statement commending Pai’s decision to gut the rules, which were passed in 2015 under then-FCC Chairman Tom Wheeler.
“Today’s announcement demonstrates that the FCC, under the leadership of Ajit Pai, understands the importance of making sure the internet continues to flourish under a light-touch regulatory regime,” they said.
“The past two years of heavy-handed regulation will be only a blip on the screen of a decades-long bipartisan equilibrium that successfully supported innovation and growth.”
Members of Congress say they want a legislative solution to the problem of net neutrality
Yet Walden and Blackburn both expressed support for a legislative solution to the problems posed by a lack of network neutrality rules.
“We remain committed to ensuring clear, permanent net neutrality rules through the legislative process, encouraging investment in broadband buildout, and closing the digital divide across America,” they said.
Public Knowledge Senior Vice President Harold Feld suggested that Pai’s attempt to roll back the rules beyond even those version that had existed during the George W. Bush Administration was a gambit to force Congress into action.
“Today’s draft order shows both an appalling disregard for the record and an astounding disregard for even the basics of administrative law,” Feld said.
“It would seem more likely, as some have suggested, that Chairman Pai and Congressional Republicans have released this order to create a crisis atmosphere and push through legislation authored by the cable companies rather than in a serious attempt at policy.”
The Internet Association goes on the offensive against the Pai proposal
But the Internet Association — a trade association representing some of America’s largest technology companies, including Google, Facebook, Amazon, Microsoft, and Spotify – released a statement panning the proposed rules.
The Pai proposal would repeal the 2015 rules put in place by Wheeler. That regulation reclassified broadband internet access services and placed them under Title II of the Telecommunications Act of 1996.
Making internet access a public utility has allowed the FCC to prohibit the blocking and throttling of lawful applications in the same way telephone companies are prohibited from blocking fax calls or charging fax users more money to send faxes.
“Chairman Pai’s proposal, if implemented, represents the end of net neutrality as we know it and defies the will of millions of Americans who support the 2015 Open Internet Order,” CEO Michael Beckerman said.
“This proposal undoes nearly two decades of bipartisan agreement on baseline net neutrality principles that protect Americans’ ability to access the entire internet,” he said.
Beckerman noted that the current rules created “bright-line, enforceable net neutrality protections that guarantee consumers access to the entire internet and preserve competition online,” and that the proposed replacement does none of those things.
“Internet Association and our members will continue our work to ensure net neutrality protections remain the law of the land,” he said.
Internet service providers pledge to avoid doing the very things they would now be permitted to do
While many of the nation’s largest broadband providers welcomed Pai’s announcement, they also pledged to refrain from doing the exact things the new rules would allow.
In a blog post on Comcast’s website, Senior Executive Vice President David Cohen wrote that it was important for consumers to know that “we do not and will not block, throttle, or discriminate against lawful content – and we will be transparent with our customers about these policies.”
NCTA President and CEO Michael Powell said in a statement that an open internet is “deeply rooted” in cable customers’ expectations. He said the new rules would not change how his organization’s members do business.
“For the better part of two decades, our companies have built services that meet those expectations and satisfy their customers’ desire to visit any lawful website or run any lawful application,” Powell said.
“The draft order will not change how our companies view the freedoms intrinsic to internet service, but critically, it will correct the prior FCC’s mistake in relying on an outdated framework that elevates government micromanagement over market innovation and growth,” he said.
Stamping out Election Falsehoods Like Playing Whack-a-Mole, Says Georgia’s Brad Raffensperger
February 5, 2021 – With election misinformation and conspiracy theories rampant in Election 2020, secretaries of state representing pivotal states swapped stories on Thursday about the howlers they faced – and what they did to try to maintain public trust in upholding election integrity.
Perhaps no one faced more pressure to act to overturn the results of his state’s presidential vote tally than Georgia Secretary of State Brad Raffensperger.
Among the many false accusations he faced was that a Ron Raffensperger, allegedly a brother of his, works for a Chinese technology firm. While there is such a person, and that person does in fact work for the Chinese telecom equipment giant Huawei, that Ron Raffensperger is not Brad Raffensperger’s brother.
At Thursday’s meeting of the National Association of Secretaries of State, Raffensperger said again that he does not have a brother named Ron. He also expressed condolences for the real Ron Raffensperger out there.
Stamping out falsehoods is like playing a game of ‘rumor-whack-a-mole,’ said Brad Raffensperger. Once you eradicate one rumor, another just pops up. It’s as if the truth has 30,000 Twitter followers while falsehood has 80 million followers, he added.
Arizona Secretary of State Katie Hobbs addressed the “Sharpiegate” scandal, another fake claim concocted by Republicans. Sharpiegate was the wrong notion pushed by some that Sharpie pens distributed at polling places were handed out for voting.
But the felt-tip pen’s ink bled through the ballot, making it unreadable by a machine and thus keeping the Sharpie victim’s vote from being counted. The twist in this particular story is that only the Sharpie-marked ballots cast by Republican candidates were thrown out, somehow.
While recognizing the seriousness of this misinformation campaign, exacerbated by Eric Trump’s tweets about it, souvenir Sharpies were ordered bearing “Sharpiegate 2020” printed on them – just as a joke, said Hobbs.
Michigan had a plan in place for months on how to collect, process, and release voting results, said Secretary of State Jocelyn Benson. However, because its processes were so efficient, Michigan caught its critics off guard. This exposed Michigan to accusations of allegedly counting its ballots too fast in an effort to try to “fix” the election. Robocalls targeted minority majority communities, including in Detroit.
Ohio also anticipated a barrage of misinformation. As a preemptive measure, the state rolled out numerous tools and resources to inform citizens of voting processes.
Secretaries of state need to help voters build confidence knowing their voice will be heard in a fair and honest contest, and not to tear it down, said Frank LaRose, Ohio Secretary of State. He praised Ohio’s election integrity and said it had a record low in ballot rejection, and a record high in ballot workers.
The state also tried to stop spreaders of misinformation by warning of felony charges for spreading lies.
At New America Foundation Event on India, Panelists Talk of ‘Digital Colonization’ by U.S. and China
October 1, 2020 – When it comes to social media, India is currently in a “two-house race” between the United States and China, explained India expert Madhulika Srikumar at New America on Wednesday.
Tiktok and Facebook have been big players in this race, each attracted to India’s large audience base.
Srikumar, an attorney formerly with the Cyber Initiative at Observer Research Foundation in New Delhi, cited two statistics. First, one-third of TikTok’s users were Indian, before the app was banned in June by the Indian government. Second, if India’s Facebook audience were a country, it would be the fourth largest in the world.
She explained the recent trend of Chinese and U.S. companies each investing in Indian companies.
New American CEO Anne-Marie Slaughter said in response, “When I hear you Madhu, all I can think of is digital colonization.”
Slaughter stressed that it was vital we don’t have a world where states lock down their internet and asserted that the world would be a better place if there was more competition and if companies had to be more open with their policies
“Our institutions for holding power accountable are still from the analog age,” Said Rebecca MacKinnon, founding director of New America’s Ranking Digital Rights project, adding that there’s nothing in our law that could prevent Tiktok from becoming a vehicle for hate speech.
Slaughter blamed the platforms, claiming that platforms were publishers wielding great political power who were responsible for polarization and declining trust.
She pointed to a future Biden-Harris administration, and projected that if elected, it would provide a new vision for internet policy by working with a number of other countries, including Europe, to adopt global standards for a free internet. This consortium would insist that companies abide by such rules.
When asked whether the UN could play a role, Slaughter said that it could, but it would need to have strong member support since “the current U.S. government has distain for non-US institutions.” The United Nations would have difficulty putting regulations in place with one of it’s biggest members not being supportive.
MacKinnon agreed that UN involvement would be complicated. For the past decade, there’s been a fight brewing over who sets standards for the tech community and for global technologies.
Srikumar, in turn, appealed for greater resources to flesh out what exactly an open internet means, as well as a move to divorce content from gatekeepers.
Joshua Keating, senior editor of Slate moderated the webinar.
See also “The Privacy Negotiators: The Need for U.S. Tech Companies to Mediate Agreements on Government Access to Data in India,” by Madhulika Srikumar on New America
Mobile Technology Aided the Growth of Black Lives Matter, But Will Hashtag Outrage Lead to Change?
September 21, 2020 — In the United States, widespread public use of mobile phone cameras and social media has thrust the longstanding issue of police brutality against Black Americans into the national spotlight like never before.
Delving deeply into the subject of how digital tools have contributed to the goals of anti-brutality activists, panelists at a Brookings Institution event on September 14 detailed the rise of the Black Lives Matter movement and whether the explosive growth of the hashtag #BLM might result in any institutional change.
In the summer of 2014, videos, images, and text narratives of violent encounters between police officers and unarmed Black people circulated widely through news and social media, spurring public outrage.
“A large digital archive of Tweets started in 2014, when Michael Brown was killed,” said Rashawn Ray, professor of sociology and executive director of the Lab for Applied Social Science Research at the University of Maryland.
Media activism fueled by the deaths of Michael Brown and Eric Garner gave rise to Black Lives Matter, or #BLM, a loosely-coordinated, nationwide movement dedicated to ending police brutality, which uses online media extensively.
The panelists referenced the “Beyond the Hashtag” report authored by Meredith Clark, assistant professor at the University of Virginia, analyzes the movement’s rise on Twitter.
“Mobile technology became an agent of change,” said Mignon Clyburn, former commissioner at the Federal Communications Commission, referring to the 2007 introduction of the iPhone as a turning point in the way individuals utilize devices. “Devices became smaller, less expensive, and more ubiquitous,” said Clyburn, “we are now seeing a global, mobile revolution.”
Increased accessibility to mobile devices and social media cracked open doors previously kept tightly shut by pro-corporate, pro-government gatekeepers of the media, which spread anti-Black ideologies. Mobile devices initiated a leveling of the media playing field, allowing for marginalized groups to intervene in dialogues.
“Black Americans have the opportunity to share distinctively what is happening to us,” said Nicol Turner Lee, senior fellow in governance studies and the director of the Center for Technology Innovation at the Brookings Institute.
“These videos show our humanity, and how it is destroyed and undermined,” added Kristen Clarke, president and executive director of the National Lawyers’ Committee for Civil Rights Under Law.
While videos taken to report instances of police brutality are critical resources, they come with significant consequences for those filming and viewing them.
In order to record an instance of police, an individual has to be courageous, as many citizen journalists attempting to capture an act of police brutality, end up a subject of cruelty.
“You have the right to record protected under First Amendment,” Clarke informed, urging that officers be trained on respecting citizens First Amendment rights to film.
While recording instances of police brutality is distressing in itself, sharing the video online, although necessary, amplifies the video’s power to traumatize indefinitely. “There will no doubt be a generation of children that will be traumatized,” by repeatedly seeing images of Black Americans brutalized by the police, said Lee.
Clarke urged individuals who decide to share content, to do so with a trigger warning.
While digital tools have enabled video evidence of brutality to be caught, amass widespread attention, and cause public outrage, as of yet, it has not translated into real-life justice for Black individuals. Difficulty to bring prosecution against excessively violent officers remains.
Clarke noted that police union contracts are barriers to reform. “The terms of collective bargaining agreements allow officers to see video evidence before reporting on how the events transpired,” detailed Clarke.
Ray called for the passage of the George Floyd Justice in Policing Act, H.R. 7120, introduced by Rep. Karen Bass, D-California, which he said was currently ‘collecting dust’ in the Senate.
The bill would establish new requirements for law enforcement officers and agencies, necessitating them to report data on use-of-force incidents, obtain training on implicit bias and racial profiling, and wear body cameras.
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