FCC Fork Tongues on Net Neutrality

Little Rock   It wasn’t so long ago that we don’t remember, but in a fierce fight that logged more citizen comments that ever before recorded on a Federal Communications Commission matter, the FCC essentially declared the internet equivalent to a public utility assuring net neutrality, meaning that all providers have equal access to users. Everyone from consumers and citizens to Silicon Valley were happy to have won this one. The telecommunications monopolies sued and are still in court, but in a disappointment to them and the politicians they fund with their huge contributions, they have most recently lost their efforts to overturn the Obama FCC order, and are appealing to the Supreme Court.

In the wave of the Trump Administration rollbacks of Obama era regulations and initiatives, the new FCC Chairman, Ajit Pai, has immediately sought to unravel the internet’s classification as a utility, assure net neutrality, and pretty much have the FCC play any role in regulating any of this. Chairman Pai is a slick one. He claims he is totally committed to what he calls an “open” internet. He swears he is a big “streamer” himself and that he’s a bannerman for “Game of Thrones” as a binge watcher.

Listening to an interview with him on the radio was a very scary thing, because not only is he a fast and smooth talker, but he’s duplicitous and evasive on the issues. He had two key talking points in trying to muddy the waters.

First, he harps on the fact that the regulation defining public utilities goes back to 1934 and President Franklin D. Roosevelt. He made that points several times in different ways in order to try and embed the notion that this is antiquated and out of date and the internet is modern, so how could one possibly be adequate for the other. He slightly slips up by mentioning that the 1934 regulations were dealing with monopolistic tendencies of AT&T, forgetting for a minute that it might be worth still looking at what’s up with AT&T and its buddies now, since it’s a longway from small potatoes.

Secondly, he tried a curve ball, trying to argue that he was trying to take the FCC back to what he called the Clinton era regulatory philosophy which prevailed from what he claimed was 1990 to 2015, meaning until the Obama FCC majority put the internet under protective custody, so to speak. No question, President Clinton was a deregulator supreme, but what Pai was trying to plant here in unsuspecting minds was the idea that he is mainstream and that Obama and his FCC majority were outliers.

The game was up when the interviewer pressed him for how he thought under his proposal that telecoms speeding up their own content and slowing up their competitors would be handled. This was a forked-tongue masterpiece. He answered quickly saying that if they did that and it hurt consumers then the Federal Trade Commission could investigate and so could the Justice Department, along with state agencies around the country. Huh? Yes, he was careful to push any and all responsibility for telecom miscreants to everyone and anyone other than the FCC. Under his watch, they are clearly planning to wash their hands of any supervision or regulation. Essentially, he was saying, hey, if you have a problem, catch them if you can, and good luck with that.

In these days this passive, reactive approach to anything involving the internet and consumers just doesn’t work, and he knows it though he doesn’t want to upset his patrons and paymaster. Case in point, we have Uber creating software in order to deliberately trick states and cities where it was committed to avoiding and breaking regulations barring or limiting its participation. Another case in point, we also have is the huge scandal where Volkswagen created software to trick regulators on how many miles per gallon its diesel engines were getting.

The internet and software both giveth and taketh away. It’s not easy finding the tricksters, because this is wildly sophisticated lawbreaking. The FCC wants to go back to 1934 and snooze their way through the Trump-era, but citizens and consumers depend on the internet, and the FCC needs to do their jobs of protecting us and it, and not just spin their way around their duty.

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Secrets? Who Has Secrets Anymore?

yahoohackLittle Rock   If you ever want to keep a secret, don’t ever write it down anywhere. Don’t walk, but run away the internet! That’s increasingly the single biggest clue to protecting your privacy.

The evidence mounts daily as the tidal surges of data seep out of every conceivable internet portal and stream into hands both nefarious and purposeful. Let’s look at some cases in point.

  • WikiLeaks has to be in the conversation, but someone has to explain Julian Assange to me these days. Is he about transparency or anarchy? Is he serving a greater cause or an agent of the KGB? The fact that we’re scratching our heads, means there is a big warning sign attached to anything with a WikiLeaks label these days.
  • Yahoo had all of the critical data lifted from a half-million customers in the latest and largest hackfest, including social security numbers and the whole enchilada. The biggest concern in the papers was whether it would lower Yahoo’s sale price to the telecoms.
  • The FBI arrested someone in August who had lifted the source code for hacking into foreign government websites (and just maybe we should discuss that sometime, too!), but now they aren’t clear if he was a Snowden wannabe or a hoarder who couldn’t keep himself from taking stuff home. Booz Allen has made billions subcontracting to NSA and other agencies for this kind of spy craft, but seems to be running a Swiss cheese factory.
  • Yahoo seems to have answered a secret subpoena from the government and created a scanner for its email to try and isolate messages for an alleged terrorist the G-men were tracking.

The list is endless: Apple, one bank after another, credit companies, department stores, hotels, and on and on. Pretty much if you operate in the modern economy, your data is eventually going to end up everywhere, partly because it cost money for companies to protect it, and they would rather apologize for the breech and say, “it’s happening to everyone,” rather than provide the security they are implicitly promising whenever you turn over your information.

No worries, you could go with encryption right?

Not if you follow what is happening to Open Whisper, reputedly the best encryption site out there developed by Mr. Encryption, Moxie Marlinspike, an eccentric, genius hacker and programmer. The government has secretly subpoenaed his company for information. We know this because the ACLU has won some court proceedings trying to protect Marlinspike and his operation. Nonetheless the government is still after Open Whisper because they are trying to collect information that the company expressly says that it does NOT collect.

We’re living in a catch-22 world now. We can’t live with the internet, but we can’t live without it. At this point we need to come to grips with the fact that unless we’re hand signaling to someone out in the wilderness somewhere, no secret is safe, and of course even while our lips might be moving and our hands waving, an eye in the sky probably has our GPS coordinates handy and some footage available.

Our lives are an open book. Get used to it!

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Please enjoy Suzanne Vega’s We of Me. Thanks to KABF.

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