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The FCC and Relinquished Authority Over Social Media, Amazon’s Worker Surveillance, White Spaces Database

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Official FCC photo of the agency's five commissioners

Several trade associations last week notified the Federal Communications Commission that adhering to President Donald Trump’s executive crackdown on social media bias would reverse the agency’s decision to remove net neutrality regulations.

In a comment filed on Wednesday, New America told the FCC that the commission gave up its authority over internet service providers and online platforms when it reclassified ISPs as “information services” under Title I of the Communications Act of 1934, which the agency can’t closely regulate.

“The commission has abdicated its authority on net neutrality by reclassifying broadband internet access service under Title I information service,” the group wrote. “Therefore to claim regulatory authority now over information services is inconsistent with agency precedent.”

Advocacy group Public Knowledge maintained Tuesday that extending the FCC’s regulative authority to social media platforms would backtrack the Republican high-profile net neutrality repeal, which effectively decided that the way ISPs handle internet traffic is not within the FCC’s jurisdiction.

“The FCC has previously declined to classify edge services, including social media services, as information services,” the group said. “The National Telecommunications and Information Administration’s petition never actually requests that the FCC classify social media as an information service, it just asks for disclosure requirements.”

While many groups have attempted to bring to light that service providers don’t fall explicitly under the FCC’s purview, the Free State Foundation noted that the Communications Decency Act is part of the Communications Act, over which the FCC does have authority to make changes that are “in the public interest.” Clarifying and interpreting an existing statute, as opposed to promulgating entirely new speech restrictions, should be squarely within the FCC’s rights, the FSF argued.

Open Markets report exposes Amazon’s omnipresent surveillance of its workers

The COVID-19 pandemic has accelerated the use of surveillance software by employers, with Amazon leading the troubling trend. Amazon pervasively surveils its more than 800,000 workers, which harms workers in a variety of ways, according to a new report.

Open Markets Institute last week released a report titled “Eyes Everywhere: Amazon’s Surveillance Infrastructure and Revitalizing Worker Power”(PDF), which calls on Congress and state legislatures to enact new worker protections and prevent the formation of dominant corporations.

According to the report, Amazon uses surveillance to deter workers from legal efforts to unionize and to make it easier for the corporation to terminate workers for deviating from productivity metrics, which workers may not know exist.

The report finds that Amazon’s surveillance harms the health and mental well-being of workers. For example, requiring workers to use scanners, which count down the number of seconds within which employees must complete the assigned task, creates the psychological effect of a constant “low-grade panic” to work faster.

Amazon’s surveillance practices, Open Markets says, embody one of the signature problems of monopoly power: the ability to limit workers’ freedom and privacy.

FCC transfers control of White Spaces database

The FCC’s Office of Engineering and Technology officially transferred control of the agency’s White Spaces database from Nominet UK to RED Technologies, according to Inside Towers.

“White Spaces” are unused spectrum in the 600 MHz service band, or broadcast television bands, which the agency permits unlicensed intentional radiators to operate on.

RED Technologies said it looks forward to working with the FCC to support expanded broadband connectivity and innovative new uses of spectrum, through TV White Spaces technology. The company told the agency that like Nominet, RED Technologies is a “highly experienced operator of spectrum access systems.”

The FCC and the companies say the transfer of control will not affect the way existing or future White Space equipment connects to the database. The change will not affect how the public queries the database and registers protected entity locations also will not change.

Broadband Roundup

FCC Targets Spam Call Offenders, Disaster Assistance Requirements, U.S. 23rd in Fiber Development

For the first time, the FCC is proposing removing voice service providers for breaking spam call rules.

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Photo of FCC Chairwoman Jessica Rosenworcel

October 4, 2022 – For the first time, the FCC proposed Tuesday that seven voice service providers be removed from receiving call traffic, after violating the commission’s new scam call framework.

Voice service providers Akabis, Cloud4, Global UC, Horizon Technology Group, Morse Communications, Sharon Telephone Company, and SW Arkansas Telecommunications and Technology have 14 days to show why the FCC should not remove them from the Robocall Mitigation Database.

The database is a filing portal voice service providers must use to inform the commission that they have implemented the STIR/SHAKEN framework, an FCC mandated caller identification technology that allows carriers to digitally validate the authenticity of a phone number, allowing a customer to be sure that the number seen on a caller ID matches the possible caller.

Removal from the database would require all other providers to cease carrying the offending companies’ traffic, meaning all calls from these providers’ customers would be blocked and no traffic originated by the provider would reach the called party, according to the release.

“These and other recent actions reflect the seriousness with which we take providers’ obligations to take concrete and impactful steps to combat robocalls,” Loyaan Egal, acting chief of the FCC’s enforcement bureau, said in the release. “STIR/SHAKEN is not optional. And if your network isn’t IP-based so you cannot yet use these standards, we need to see the steps taken to mitigate illegal robocalls. These providers have fallen woefully short and have now put at risk their continued participation in the U.S. communications system. While we’ll review their responses, we will not accept superficial gestures given the gravity of what is at stake.”

FCC Chairwoman Jessica Rosenworcel added in a statement that, “Fines alone aren’t enough. Providers that don’t follow our rules and make it easy to scam consumers will now face swift consequences,” saying this is a “new era.”

FCC adopts emergency carrier assistance rules

The Federal Communications Commission said Friday it has adopted rules requiring wireless service providers to assist other carriers in the event of emergencies.

The commission codified certain terms from a voluntary program known as the Mandatory Disaster Response Initiative, which has been used by the carriers since 2016 to assist each other in emergency scenarios. The new MDRI requires providers arrange mutual aid, improve public awareness of restoration efforts, and mandate roaming agreements so that any carrier with network outage may get voice roaming on a carrier that is still operational during natural disasters. The new MDRI will be effective October 31.

The September order also requires that the carriers submit performance reporting to the commission in order to improve “reliability, resiliency, and continuity of communications networks during emergencies,” it said in the order.

On Tuesday, the FCC said also is seeking comment on whether MDRI reports to the commission “would benefit from standardization, and what it should entail.”

The FCC is seeking comments until October 31, 2022, with reply comments due on November 29.

United States in 23rd place for fiber development

Technology research group Omdia listed the United States in 23rd place on fiber development relative to other countries, according to a report released Tuesday.

“Only by maximizing investment in next-generation access can countries optimize their growth potential, and fiber-optic technology is key to that investment. Countries, such as the UK and the US, that are further down the list than many less developed countries, may need to consider policy reforms to ensure that it is easy to deploy infrastructure and that competition in the market remains high in light of mergers taking place,” said Omdia research director Michael Philpott in a statement.

Omdia’s Fiber Development Index measures fiber household coverage, household penetration, business penetration, mobile cell site fiber penetration, total fiber investment, and average download and upload speeds across 81 countries, its website says.

Singapore is ranked first in the Fiber Development Index, as it pushes to become the next “smart nation” by 2025, the report said.

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Broadband Roundup

Supreme Court to Hear Section 230 Case, Small Business Broadband Bill, TikTok Deal Pressure

The highest court in the land will hear a case about the scope of internet platform liability under Section 230.

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Photo of the U.S. Supreme Court building

October 3, 2022 – The Supreme Court announced Monday that it will hear a case from a petitioner who argues Google should be held liable in the death of his daughter during an ISIS attack in Paris in 2015.

Reynaldo Gonzalez sued Google under the AntiTerrorism Act for the death of Nohemi Gonzalez because the company’s video sharing platform, YouTube, allegedly hosted ISIS recruitment videos.

Large internet platforms are generally immune from the legal consequences of their users’ posts under Section 230 of the Communications Decency Act. But the highest court in the land will now examine the scope of those protections in this case.

“These cases underscore how important it is that digital services have the resources and the legal certainty to deal with dangerous content online,” Matt Schruers, president of the Computer and Communications Industry Association, said in a statement Monday.

“Section 230 is critical to enabling the digital sector’s efforts to respond to extremist and violent rhetoric online, and these cases illustrate why it is essential that those efforts continue,” he added.

Senate passes small business broadband legislation

The Senate on Thursday passed legislation that would designate a broadband coordinator to improve programs to better assist small business customers in accessing broadband technology.

The Small Business Broadband and Emerging Technology Enhancement Act of 2022 directs the Small Business Administration to designate a senior Office of Investment and Innovation employee as the broadband and emerging technology coordinator, establishing measures to aid the productivity and competitiveness of small businesses with broadband access and other information technologies that emerge.

The coordinator is expected to identify the best practices that relate to broadband and emerging technology to help small businesses, and coordinate SBA programs that assist small businesses so they can best adopt and use broadband and other emerging information technologies.

The bill, which makes its way to the House, requires Small Business Development Centers to assist in the access of broadband for small businesses.

Republicans promise hearings on TikTok security if successful in midterms

The upcoming midterm elections for control of the House and the Senate are putting pressure on the Biden administration to formalize an agreement with Chinese-owned TikTok to clamp down on security and privacy issues with the video-sharing app, as Republicans open the door to possible hearings on the matter if they are successful in taking back control of Congress, according to the Wall Street Journal on Monday.

The New York Times reported last week that the Biden administration and TikTok have come to a preliminary agreement to make changes to the app’s data security and governance without requiring the Chinese owner ByteDance to sell the company. The terms include storing American data on servers in the United States, with cloud company Oracle monitoring the app’s algorithms to see what content the app recommends to users.

But as the midterm elections near next month, the Journal, citing anonymous sources, is reporting that the talks have taken on an “added urgency,” as Republicans are promising hearings on the security of the app if they wrestle control from the Democrats on November 8.

“These people say a deal with TikTok owner ByteDance Ltd. aimed at erecting a wall between the U.S. and Chinese operations is close, but caution that hurdles remain—including operational challenges and possible opposition by China’s communist government,” the Journal reported, adding Republicans would challenge any agreement that falls short of “tough safeguards.”

Federal Communications Commissioner Brendan Carr has already chimed in on the preliminary agreement, saying it doesn’t go far enough for the alleged threat the app poses to the country’s national security.

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Broadband Roundup

Tech Against Texas Social Media, Alabama Middle Mile Grant, IP3 Awards Bestowed

Two information technology industry groups are trying to stall implementation of Texas’ social media law.

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Photo of IP3 Award winner Kyle Courtney at Public Knowledge's award ceremony Thursday by Drew Clark

September 30, 2022 – Plaintiffs NetChoice and the Computer & Communications Industry Association on Thursday petitioned the Fifth Circuit of Appeals to delay the implementation of a Texas law that limits social media companies’ ability to moderate content on their platforms.

The Texas law – H.B. 20 – would limit the ability of large social media companies to remove user speech from their platforms based on viewpoint. Supporters of the law say it will prevent platforms such as Twitter from discriminating against conservative political speech.

H.B. 20 was initially blocked by a federal judge last year, but the Fifth Circuit upheld the bill earlier this month. The plaintiffs say they will soon file a petition for a writ of certiorari at the Supreme Court. Thursday’s motion attempts to prevent H.B. 20 from taking effect before the High Court weigh ins.

“There is no question that a law that defies over two centuries of First Amendment protections warrants further federal court review,” said a statement from CCIA President Matt Schruers.

“If states like Texas are allowed to issue must-carry mandates, internet users can expect a torrent of dangerous content and misinformation, just as we head into an election season. Given the implications for the First Amendment and democratic institutions, we are asking the court to block this statute from taking effect until its constitutional problems have been heard.”

Alabama invests in middle-mile infrastructure

Alabama Gov. Kay Ivey announced Tuesday a $82.45 million grant to Fiber Utility Network, a conglomerate of eight rural electric cooperatives.

The grant will fund a middle-mile network that is expected to connect nearly 3,000 miles of fiber infrastructure within three years. The Alabama Department of Economic and Community Affairs’ Alabama Digital Expansion Division will administer the grant, the funds for which came from the American Rescue Plan Act.

“Achieving full broadband coverage is a journey, not a short trip, and today is an important step toward completing that journey. The Alabama Middle-Mile project – the infrastructure setting part of this journey – is going to lead our state to be the model for the nation when it comes to providing broadband capabilities,” said Ivey.

“In 2022, being able to be connected at home, work or on the on go is absolutely necessary, and this is certainly key to making that a reality.”

“The eight electric cooperatives that make up the Fiber Utility Network are honored to be a part of building a middle mile network to bring internet service closer to those Alabamians,” said Tom Stackhouse, president of the Fiber Utility Network. “We want to thank Governor Ivey and the staff at ADECA for the vision, leadership and assistance to make this a reality.”

Public Knowledge honors IP3 awardees, for Internet Protocol, Information Policy and Intellectual Property

Public Knowledge hosted the 19th annual IP3 Awards ceremony Thursday, honoring leading voices in technology and tech policy.

Public Knowledge presented the “Internet Protocol Award” to House Majority Whip Jim Clyburn, D-S.C., chair of the House Rural Broadband Taskforce, for his work promoting affordable broadband access. Notably, his work advanced the broadband-funding provisions of the Infrastructure Investment and Jobs Act.

Emma Llanso, director of the Center for Democracy & Technology’s Free Expression Project, received the “Information Policy Award” for her work promoting free expression online.

Kyle Courtney, copyright advisor at Harvard University, received the “Intellectual Property Award.” He works extensively on copyright and library-related legal issues.

Courtney developed the Copyright First Responders program to “help advance teaching, learning, and scholarship through community engagement with copyright.”

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