March 29, 2021—Judge Laurence Silberman has worn many hats throughout his career—diplomat, lawyer, jurist—and he may now add “staunch critic of big tech” to his list of titles.
Silberman wrote the dissenting opinion in Tah v. Global Witness Publishing, released on March 19 by the D.C. Circuit Court of Appeals. In it, he cautioned against what he described as “one-party control” of media institutions.
He described an “ideological consolidation” that he believed risked repressing ideas and dissenting points of view “just as surely as if access were restricted by the government.” Silberman broadly pointed his finger at Silicon Valley as the primary influencers and shot-callers and stated that they filter news to benefit the Democratic Party.
Though he stated that he did not want to comment on the legality of this behavior, Silberman referred to it as “repression of political speech,” and stated that it was “fundamentally un-American.”
The case in question is a defamation suit brought by two former employees against an international human rights organization known as Global Witness, which allegedly lied about their behavior with “reckless disregard” for the truth.
In his dissent, Silberman called for the Supreme Court to reconsider the landmark 1964 ruling, New York Times v. Sullivan, which requires “actual malice” for a publication to be held liable for making false or defamatory statements.
Silberman adopted the position that a plaintiff should not have to prove that a defendant made defamatory statements with malice. In other words, the defendant should be held accountable regardless of malice.
As tech companies are not held liable for the information that their users disseminate, since they are not considered publishers according to Section 230 of the Communications Decency Act of 1996, Silberman would like to see that law recast as well.
Silberman’s comments are a sign that the mounting criticism against Section 230 are beginning to take hold in elite opinion. Indeed, in a recent blog post for AEI, Brett Swanson wrote of Silberman’s dissent: “This will make our friends in the technology world nervous. They are under fire from all sides.”
Until recently, Section 230 has been regarded as an essential and foundational law of the internet. More recently, some victims’ rights groups and also conservative politicians have decried it as giving a blank check to the technology industries. They argue that the law needs to be gutted or changed.
U.S.S.F. seeks satellite service to address its broadband demands
The United States Space Force Commercial Satellite Communications Office is planning to purchase high-speed internet services from private low-earth orbit satellite broadband providers, according to a statement last week.
The communications office said it has reached out to low-earth orbit broadband providers to assess their capabilities before the government could potentially procure further broadband services.
In order to qualify as a potential provider, LEO services would have to demonstrate that they could provide ping latencies at either 50 milliseconds or below, and propagation delays between user terminals and satellites no longer than 15 milliseconds.
The government said it highly encourages small businesses to apply, including women-owned, veteran-owned, and those that are otherwise disadvantaged.
Public private partnerships yield results for North Carolina
Hailing a partnership with internet service provider MetroNet as a “game changer,” Greenville, North Carolina Mayor P.J. Connelly said public-private partnerships have helped the city bolster connectivity.
“This announcement is a game changer for the City of Greenville,” said Greenville Mayor P.J. Connelly. “As our city continues to grow, it is vital that we are able to provide fast, reliable, and affordable fiber optic options.” Connelly emphasized that because the COVID-19 Pandemic has made telework and remote learning necessary, this service will be paramount in allowing Greenville residents to thrive.
Since Indiana-based MetroNet began expanding fiber infrastructure to Fayetteville and Greenville in January 2021 to deliver gigabit speeds, it has viewed regional expansion as an easier path with partnerships with local jurisdictions to establish a commitment on the part of both parties.
The project is expected to take two years to complete and will offer TV, internet, and phone coverage that is 100 percent supplied by fiber optic cable.
TikTok Data Concerns, Broadband Data Collection System, Internet Access on COVID-19 Mortality
FCC Commissioner Brendan Carr is requesting Apple and Google remove the TikTok app over data concerns.
June 29, 2022 – Federal Communications Commissioner Brendan Carr called for Apple and Google to remove Beijing-based popular video-sharing application, TikTok, from their app stores.
The app is run by ByteDance, a company that is “beholden to the Communist Party of China and required by Chinese law to comply with the PRC’s surveillance demands,” read the June 24 letter to Apple CEO Tim Cook and Google CEO Sunder Pichai.
“It is clear that TikTok poses an unacceptable national security risk due to its extensive data harvesting being combined with Beijing’s apparently unchecked access to that sensitive data,” said Carr, calling it a wolf in sheep’s clothing. “At its core, TikTok functions as a sophisticated surveillance tool that harvests extensive amounts of personal and sensitive data” such as search histories, keystroke patterns and biometric identifies.”
Carr claims that TikTok’s pattern of conduct regarding persons in Beijing having access U.S. sensitive data violates policies that both companies require every app to adhere to as a condition of remaining available on the app stores. “I am requesting that you apply the plain text of your app store policies to TikTok and remove it from your app stores for failure to abide by those terms.”
TikTok has assured users that American’s data is being stored in the U.S. but, according to Carr, this statement “says nothing about where that data can be accessed from.”
FCC opens mapping data system for filers early
The Federal Communications Commission released a public notice on Thursday announcing that filers of broadband availability data in its new maps may obtain early access of the system for registering filer information.
The filing window for the Broadband Data Collection opens June 30, but early access will enable users to register their entities in the system and become familiar with the system before that date, the FCC said.
“We are making this functionality available in advance of the opening of the filing window to enable filers to log in, register, and be ready to enter their availability data as early in the filing window as possible,” read the public notice.
The BDC program is said to help improve broadband mapping data to help funnel federal dollars to where broadband infrastructure is needed. Most fixed and mobile broadband providers will be required to file information in the system, but third parties and government entities are also encouraged.
Impact of internet access on COVID-19 mortality
New analysis released last week by private research university Tufts found that increased broadband access in the United States reduced COVID-19 mortality rates.
“Even after controlling for a host of other socioeconomic factors, a 1 percent increase in broadband access across the U.S. reduced COVID mortality by approximately 19 deaths per 100,000, all things equal,” read the report.
The study also found that the impact was felt more strongly in metro areas, where a 1 percent increase in broadband access reduced the deaths by 36 per 100,000.
By conducting a correlation analysis, Tuft researchers found that broadband access is negatively correlated with COVID mortality, even after controlling for other major factors such as health status, income, race and education.
The study only considered pre-vaccine number to account for inconsistencies.
Rosenworcel Committed to Net Neutrality, Better Spectrum Coordination, Starlink Up in Internet Speeds
The FCC chairwoman reaffirmed her commitment to net neutrality at a conference on Friday.
WASHINGTON, June 28, 2022 – At a conference hosted by the American Library Association on Friday, FCC Chairwoman Jessica Rosenworcel reaffirmed her support for net neutrality rules.
According to a press release, Rosenworcel stated she wants to make a “return to common carrier regulation of internet service providers which aims to prevent ISPs from slowing down or blocking web traffic.”
Rosenworcel “fully backs” net neutrality rules passed under the Obama administration that were repealed during the Trump administration. “I opposed the last administration’s effort to roll it back, and I want it to once again become the law of the land,” she stated at the ALA.
A press release calls Rosenworcel ’s statement on net neutrality the “hallmark of her tenure” and says she faces opposition in her attempt to bring back net neutrality rules.
“It is just wrong for the internet to have slow lanes for people with less money,” Patty Wong, president of the ALA, said at the conference.
Better coordination needed for receiver performance
On Monday, non-partisan think tank TechPolicy urged more coordination by the Federal Communications Commission with other agencies to better utilize spectrum assets during its receiver performance study, filing comments in response to the commission’s public consultation about that matter.
“The Commission has a considerable expertise and prior work to review in assessing whether it has the statutory authority in this area, and how to best incentivize all parties to build more robust receivers to operate in more and more congested spectrum,” the think tank said.
It suggested engaging with other agencies, such as the National Telecommunications and Information Administration, as well as users of government receivers.
James Dunstan, general counsel of TechFreedom, stated, “the FCC cannot fine-tune spectrum management with only half the orchestra.” He added that if the FCC does not engage with government users, “there will be little progress made toward finding broad solutions to increased spectrum congestion.”
The FCC and the NTIA have already agreed earlier this year to coordinate on spectrum management.
Ookla finds Starlink increased speeds by 38 percent over the past year
Metrics company Ookla said Tuesday that, according to its review of Starlink satellite broadband service in the first quarter, the company saw an increase of 38 percent in internet performance in the United States over the past year, said a press release.
However, the company’s analysis also showed that Starlink’s upload speeds decreased nearly 33 percent in the U.S. from 16.29 Mbps in 2021 to 9.33 in 2022.
Ookla notes that even as consumers choose Starlink, competitors are not far behind. It mentioned as key developments FCC approval for Amazon’s Project Kuiper to test its satellite service this year, and Viasat getting closer to merging with Inmarsat for a constellation launch next year.
Data Export Bill, Chamber of Commerce’s BEAD Issues, Wisconsin Putting $125M for Broadband
A bill would have the Commerce Secretary identify categories of personal data that could harm national security if exported.
June 27, 2022 – A bipartisan group of senators, including Marco Rubio, R-FL., and Ron Wyden, D-OR., introduced a bill Thursday that would limit the selling or transferring of Americans’ sensitive data to high-risk foreign countries.
The Protecting Americans Data from Foreign Surveillance Act directs the Secretary of Commerce, in collaboration with other key agencies, to identify categories of personal data that could harm national security if exported. It directs the Secretary of Commerce to “compile a list of low-risk countries for which exports will be unrestricted and to require licenses for bulk exports of the identified, sensitive categories of personal data to other countries.”
In a press release, Rubio said, “It is common sense to prevent our adversaries from obtaining the highly sensitive personal information of millions of Americans. We cannot trust private companies to protect Americans’ private data, especially given how many of them do business in China. Our bill would address this massive national security threat and protect Americans’ privacy.”
Experts have warned the data from Chinese-company-owned apps like TikTok, one of the world’s most popular video sharing websites, could be used by the Communist government for nefarious purposes.
“Our bipartisan legislation sets common-sense guardrails to block bulk exports of private, sensitive information from going to high-risk foreign nations and protect the safety of Americans against foreign criminals and spies,” added Wyden. “It will empower the United States to build a coalition of trusted allies where information can be shared without fear of misuse by authoritarian actors.”
Exports to high-risk countries will be presumptively denied and risk status of countries will be determined on the adequacy of the country’s privacy and export control laws, the circumstances under which the foreign government can coerce a person in that country to disclose personal data, and whether that government has been hostile against the United States.
Chamber of Commerce takes issue with aspects of BEAD program
The United States Chamber of Commerce highlighted in a press release last week what it said are faults in the $42.5-billion Broadband Equity, Access, and Deployment program that will be distributed to states and territories for broadband deployment projects.
The Chamber of Commerce commended the National Telecommunications and Information Administration for focusing the BEAD program on serving unserved areas first, having strong subgrantee qualifications, enabling effective stakeholder engagement, and addressing the costs of broadband permitting.
“Despite the many positive aspects, the notice of funding opportunity contains numerous problematic provisions and mandates, which will hinder the Infrastructure Investment and Jobs Act’s objective to connect all Americans while running contrary to the law’s bipartisan approach,” said the release.
The first concern is that the NOFO promotes government-owned networks, despite the IIJA’s neutrality to the type of provider. NTIA imposes “burdensome requirements on eligible entities as well as pressuring states to waive laws that place restrictions on public sector broadband providers.”
The NOFO, said the release, “picks technology winners and losers” by strongly prioritizing fiber at the expense of other technologies like satellite and fixed wireless.
Furthermore, it incentivizes states to adopt net neutrality rules, in direct contrast to IIJA requirements, by ensuring that subgrantees do not “impose unjust or unreasonable network management practices.”
The Chamber of Commerce further added that the NOFO requires eligible entities to create a middle-class affordability program that is “ill-defined” and “opens the door to additional state-level intervention in the broadband marketplace.”
The NOFO also favors union-friendly policies that “have nothing to do with connecting all Americans and everything to do with advancing unrelated union priorities.”
Wisconsin awards $125M in rural internet service grants
The Wisconsin Public Service Commission on Thursday awarded $125 million in broadband expansion grants toward 71 projects that will reach over 87,000 underserved and unserved locations over 45 counties.
According to the press release, the grant awards will leverage $185 million of matching funds from the grantees. The PSC received 194 applications in March 2022 requesting a total of $495 million.
Since 2019, Wisconsin has committed to disbursing over $289 million toward expanding broadband, including $105 million in federal funding.
“Over the last three years, we’ve worked hard to invest state and federal funding in projects that will provide more than 387,000 homes and businesses with reliable, high-quality internet. These grants will go to ensure students, workers, business owners, families, and communities can access the internet in every part of our state,” said Wisconsin Governor Tony Evers in the release.
“We’ve made tremendous progress in the past three years towards getting people access to high-quality, affordable internet service,” said PSC Chairperson Rebecca Cameron Valcq. “We will continue to make the investments needed to ensure all in our state have access to affordable broadband.”
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