Podcast appearances and mentions of harold feld

As Donald Trump begins his second term in office, PolicyTracker journalist Richard Haas speaks to Harold Feld, Senior Vice President at Public Knowledge about Trump's spectrum policy priorities.News: New FCC and Congress mull spectrum auctionsDownload our new app SignalTracker

This week on the podcast we bring back a fan favorite that feels particularly relevant. Christopher is joined by Harold Feld, Senior Vice President at Public Knowledge. The show takes on a reflective nature, as they talk about theories of change in the context of doing broadband policy today.  ★ Support this podcast ★

T-Mobile had a major cell phone outage in February. Last year, AT&T customers in Minnesota lost service for four days. What would it take to make America's wireless networks more reliable? Harold Feld joins Meghna Chakrabarti.

This week on the podcast, Christopher is joined by Harold Feld, Senior Vice President at Public Knowledge. Feld is a staple of the field, and has been a consistent voice not only for consumers but broadband advocates of all types for more than two decades.  The show takes on a reflective nature, as they talk about theories … Continue reading "Hope and Change – Episode 527 of the Community Broadband Bits Podcast"

New technology is great -- but adopting new technology often means moving on from older generations of technology. Take, for instance, 3G cellular networks. Cellular providers are in the process of turning off their 3G networks over the next several months, so that the spectrum currently used to offer 3G service can be repurposed for higher-speed 5G services. To look at some of the challenges that go with these transitions, the show welcomes Harold Feld, Senior Vice President at Public Knowledge, and Richard Shockey, Principal of Shockey Consulting LLC, a consulting firm specializing in strategic advice and action plans for Internet protocol communications technology.

New technology is great — but adopting new technology often means moving on from older generations of technology. Take, for instance, 3G cellular networks. Cellular providers are in the process of turning off their 3G networks over the next several months, so that the spectrum currently used to offer 3G service can be repurposed for higher-speed 5G services. To look at some of the challenges that go with these transitions, the show welcomes Harold Feld, Senior Vice President at Public Knowledge, and Richard Shockey, Principal of Shockey Consulting LLC, a consulting firm specializing in strategic advice and action plans for Internet protocol communications technology.

For several years, the Federal Communications Commission (FCC) has been working to modernize the use of key sections of spectrum airwaves — known as C-band — for commercial deployment. Through a series of auctions, the FCC sold the license rights to C-band airwaves to commercial 5G mobile telecommunications providers, unleashing a massive wave of private investment to enable 5G deployment. But the Federal Aviation Administration (FAA) recently https://www.bloomberg.com/news/articles/2021-11-02/u-s-faa-issues-safety-alert-on-5g-interference-to-aircraft?srnd=technology-vp&sref=1pnqJ0TR (warned) that using C-band for 5G could interfere with air safety, reigniting a multiyear battle that many believe FCC engineers have successfully put to rest. What does the FAA's warning mean for the future of C-band and continued spectrum deployment in the wireless industry? On this episode, https://www.aei.org/profile/shane-tews/ (Shane) sits down with former FCC Commissioner https://www.fcc.gov/biography-former-commissioner-michael-orielly (Mike O'Rielly) and https://www.publicknowledge.org/about-us/staff/#harold-feld (Harold Feld) of Public Knowledge to discuss why the FAA issued this warning, how legitimate its safety concerns are, and how the C-band auction winners have responded.

Harold Feld, Senior Vice President at Public Knowledge discusses The Digital Platform Act, and the role cooperatives can play in securing access to Broadband in Rural communities. Harold Feld is the Senior Vice President for Public Knowledge, one of the nation's premier consumer advocacy organizations working at the intersection of copyright, telecommunications and the Internet. Feld is a highly regarded thought leader in the areas of telecommunications and digital consumer protection, and author of The Case for the Digital Platform Act: Breakups, Starfish Problems and Tech Regulation. He was previously Senior Vice President at the Media Access Project (MAP), a public interest law firm, where he advanced competition policies in media, telecommunications and technology. Prior to joining MAP, Feld was an associate at Covington & Burling, and clerked for the DC Court of Appeals.

Ohio's Attorney General Dave Yost filed a lawsuit to turn Google into a public utility so it can be regulated as a common carrier. This might sound far out but Ohio's unique law gives them legal grounds to try it. But what does all this mean? Harold Feld from Public Knowledge gives us the skinny. Special thanks to our sponsor Nota.

Ohio's Attorney General Dave Yost filed a lawsuit to turn Google into a public utility so it can be regulated as a common carrier. This might sound far out but Ohio's unique law gives them legal grounds to try it. But what does all this mean?  Harold Feld from Public Knowledge gives us the skinny. Special thanks to our sponsor Nota.

Ohio's Attorney General Dave Yost filed a lawsuit to turn Google into a public utility so it can be regulated as a common carrier. This might sound far out but Ohio's unique law gives them legal grounds to try it. But what does all this mean? Harold Feld from Public Knowledge gives us the skinny. Special thanks to our sponsor Nota.

Randolph May of the Free State Foundation and Harold Feld of Public Knowledge discussed free speech and censorship on social media. Learn more about your ad choices. Visit megaphone.fm/adchoices

On November 10, 2020, The Federalist Society's Corporations, Securities & Antitrust and Telecommunications & Electronic Media Practice Groups co-hosted a virtual panel for the 2020 National Lawyers Convention. The panel discussed "Regulating Social Media."Federal statutes, like the Communications Decency Act (and its Section 230), as well as more federal common-law disciplines, like antitrust laws, have played a role in the development and evolution of modern technology and online platforms we use every day. What role will or should federal law play in protecting future innovation, growth, and competition in today’s fast-changing online era in which massive data sets are the most precious commodity, the next generation of innovators are often acquired before they turn their first profit, and online ecosystems often have the freedom to make their own rules? In light of recent public policy debates and investigations by federal and state antitrust enforcers, this panel takes stock of where communications and antitrust law stand and where they may go following the 2020 elections.Featuring:Hon. Brendan Carr, Commissioner, Federal Communications CommissionMr. Harold Feld, Senior Vice President, Public KnowledgeMs. Kathleen Ham, Senior Vice President, Government Affairs, T-Mobile Hon. Christine Wilson, Commissioner, Federal Trade CommissionModerator: Hon. Duane Benton, United States Court of Appeals, Eighth Circuit*******As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.

Bio Christopher Lewis (@ChrisJLewis) is President and CEO at Public Knowledge. Prior to being elevated to President and CEO, Chris served for as PK’s Vice President from 2012 to 2019 where he led the organization’s day-to-day advocacy and political strategy on Capitol Hill and at government agencies. During that time he also served as a local elected official, serving two terms on the Alexandria City Public School Board. Chris serves on the Board of Directors for the Institute for Local Self Reliance and represents Public Knowledge on the Board of the Broadband Internet Technical Advisory Group (BITAG). Before joining Public Knowledge, Chris worked in the Federal Communications Commission Office of Legislative Affairs, including as its Deputy Director. He is a former U.S. Senate staffer for the late Sen. Edward M. Kennedy and has over 18 years of political organizing and advocacy experience, including serving as Virginia State Director at GenerationEngage, and working as the North Carolina Field Director for Barack Obama’s 2008 Presidential Campaign and other roles throughout the campaign. Chris graduated from Harvard University with a Bachelors degree in Government and lives in Alexandria, VA where he continues to volunteer and advocate on local civic issues. Resources The Washington Center for Technology Policy Inclusion, 2020. President Trump’s Social Media Executive Order Violates The Voting Rights Act Of 1965. [online] Available at: https://www.washingtech.com/post/president-trump-s-social-media-executive-order-violates-the-voting-rights-act-of-1965 [Accessed 31 May 2020]. Public Knowledge, 2020. Public Knowledge Rejects White House Executive Order Targeting Free Speech On Social Media Platforms. [online] Available at: https://www.publicknowledge.org/press-release/public-knowledge-rejects-white-house-executive-order-targeting-free-speech-on-social-media-platforms/ [Accessed 31 May 2020]. Feld, H., 2020. Could the FCC Regulate Social Media Under Section 230? No. [Blog] Public Knowledge Blog, Available at: https://www.publicknowledge.org/blog/could-the-fcc-regulate-social-media-under-section-230-no/ [Accessed 31 May 2020]. Public Knowledge, 2020. Public Knowledge Responds To White House Proposal To Require FTC, FCC To Monitor Speech On Social Media. [online] Available at: https://www.publicknowledge.org/press-release/public-knowledge-responds-to-white-house-proposal-to-require-ftc-fcc-to-monitor-speech-on-social-media/ [Accessed 31 May 2020]. Related Episodes 'They Smile in Your Face: How the Internet is Unmasking Hidden Racism' with Robert Eschmann (Ep. 222)(Opens in a new browser tab) 'How Media Policies Have Helped the Far Right' with Anne Nelson (Ep. 217)(Opens in a new browser tab) Facebook and Civil Rights: What are the Options? with Ebonie Riley (Ep. 212)(Opens in a new browser tab) Should Americans Trust News on Social Media? with Elisa Shearer (Ep. 207)(Opens in a new browser tab) Examining "Social Media Bias" with Jen Schradie (Ep. 199)(Opens in a new browser tab) Renée DiResta: How to Fight the Imminent Disinformation Blitzkrieg (Ep. 175)(Opens in a new browser tab) News Roundup       Trump tweets mark turning point in Section 230 discourse A tweet from President Trump last week that criticized California Governor Gavin Newsom’s Executive Order allowing Californians’ the right to vote by mail, in addition to preserving Californians’ right to vote in person if they’d prefer, has triggered a turning point in the debate around Section 230 of the Communications Decency Act, even though the Centers for Disease Control recommended that election officials allow mail-in voting, specifically because of the disproportionate impact the COVID-19 disease is having on communities of color. These communities have historically been targets of voter suppression efforts. Section 230 is the 1996 law widely seen as the heart of the internet as we know it, because it shields interactive content providers, like Twitter, Google, and Facebook, from liability stemming from content posted by users. In short, without Section 230, it would be all but impossible for Twitter, Facebook, and Google to exist: without Section 230, it would simply be too risky for social media platforms to expose themselves to liability for content that you and I, or even Trump, post. President Trump posted the now-infamous tweet about Governor Newsom’s Executive Order on Tuesday. In it, the president alleged that sending mail-in ballots to voters would cause what right-wing politicians theorize is “voter fraud”, and that sending ballots to what the president termed “millions of people” would lead to the ballots being stolen. The president didn’t indicate how those attempting to steal ballots would even know whether ballots were inside of a person’s mailbox. Would they go to every single mailbox every single day to see if a ballot’s inside? In any case, the president has expressed a general fear of snail mail in recent months. At the start of the pandemic, he and Treasury Secretary Steve Mnuchin blocked funding from the $2 trillion stimulus bill that would have provided the U.S. Postal Service with billions of dollars in grants to balance its budget. So, something’s up with the mail that this president seems extremely frightened of. All of this culminated in Twitter, for the first time, posting a disclaimer on the president’s tweet – a blue hyperlink with an exclamation mark next to it that says, “Get the facts about mail-in ballots”. When users click the link, they’re redirected to another Twitter page listing articles discussing the factual inconsistencies in the president’s claim that mail-in ballots would lead to election fraud and voting by immigrants. Unsurprisingly, Trump was livid when this happened. Two days later, he released an Executive Order providing for the Department of Commerce to file a petition at the Federal Communications Commission asking it to review still-unsubstantiated claims of social media companies’ alleged anti-conservative bias. The order also calls on the Federal Trade Commission to allow individuals to file complaints. When protests began around the nation in response to the killing of George Floyd by a Minneapolis police officer who has since been fired and charged with manslaughter, Trump tweeted a comment that echoed Miami’s then-Mayor Walter Headley’s 1967 remark “when the looting starts, the shooting starts”, which was met with scorn by civil rights leaders. In the tweet, the president called protesters “THUGS”, saying he’d spoken with Minnesota Governor Tim Walz “and told him that the Military is with him all the way. Any difficulty and we will assume control but, when the looting starts, the shooting starts.” (Here would be a good place to recall last summer’s Center for Investigative Journalism report that several Confederate, anti-Islam, misogynistic or anti-government militia Facebook groups counted hundreds of police among their members, a report that corroborated an earlier finding by the FBI released over a decade ago that warned of the infiltration of law enforcement by white supremacists.) Twitter followed up with the president’s “THUGS” tweet by placing a notice over it saying the tweet violated Twitter’s policy against users glorifying violence, but still allowing users to clickthrough and see the president’s tweet. The company also went on to flag tweets from Ice Cube, Chinese Foreign Ministry spokesman Zhao Lijian, and others it deemed to have violated Twitter’s community standards. But as far as Trump’s Executive Order to rein in social media companies is concerned, after speaking with experts like Tech Freedom’s Berin Szoka, Georgetown’s Gigi Sohn, and Public Knowledge’s Harold Feld – all of whom have been guests on the WashingTECH Tech Policy Podcast – the Hill reports that there’s a general consensus in the telecommunications public policy community that the president’s executive order is a non-starter. To make it happen, the FCC would need to undo years of precedent and essentially contradict every ruling it’s made, at least during Ajit Pai’s tenure there as Chairman, including its repeal of the net neutrality order. … On another front, Senator Ted Cruz, alleging that Twitter is violating sanctions against Iran, is calling for a criminal investigation into Twitter’s alleged preservation of accounts of enemies of the United States, like Iranian Supreme Leaders Ayatollah Ali Khamenei and its Foreign Minister Mohammad Javad Zarif. Also, Facebook CEO Mark Zuckerberg confessed to Fox News last week that Facebook shouldn’t be “arbiters of truth”. In fact, The Wall Street Journal reported last week that Facebook Executives ignored a 2018 internal report that found the company’s algorithms “exploit the human brain’s attraction to divisiveness”. It also warned that, if left unchecked, Facebook could spread even more discord, and that bringing Facebook’s algorithms under control would disproportionately affect users espousing conservative viewpoints. Facebook never publicly released the report or even acted internally to “check” conservative misinformation. Coincidentally, the presentation came at the same time the Trump administration was just beginning its campaign to characterize social media companies as being biased in favor of liberals. Last week, House Speaker Pelosi called Zuckerberg’s non-interventionist stance a “disgrace”. Running with the ball, Republicans in Congress are reportedly working on legislation to control speech on social media platforms by undoing the liability protections conferred by Section 230. Conservatives are pushing for the legislation even though a three-judge panel of the D.C. Circuit last week dismissed a lawsuit brought by Freedom Watch, the conservative legal group, and far-right activist Laura Loomer, against Facebook, Google & Twitter, alleging the companies were conspiring to suppress conservative viewpoints. Trump creates more expansive warrantless watchlist President Trump has moved to further circumvent Constitutionally-guaranteed due process protections by expanding a September 11th-era terrorism watchlist to include individuals who aren’t even suspected of terrorism. Newsweek reports the watchlist could grow to as many as a million names. But the Trump administration hasn’t acknowledged it’s expanded the watchlist, even though it’s required to do so under federal law. Now individuals can be included on the watchlist even if they just have family in El Salvador. FBI ties Pensacola shooter to al Qaeda with iPhone data The FBI says the shooter at a Pensacola naval base last December, a shooting that took the lives of 3 sailors and injured 8 others, had ties to Al Qaeda. Twenty-one-year-old 2nd Lieutenant Mohammed Alshamrani initially attempted to destroy his iPhone following the shooting, but wasn’t successful. Initially, investigators approached Apple for help in gaining access to the phone’s data. When Apple declined, the FBI took matters into its own hands and figured out how to crack open the phone on its own. Indigent customers not getting broadband despite large carriers’ promises Even though internet service providers like Comcast and Charter promised free and low-cost internet to indigent residents, a lot of those residents are getting bills in the mail. The New York Times reports that customers who are supposed to have access to these programs are getting bills instead, sometimes for as much as $120. Customers have also reported not being able to get through to a customer service rep at all, much less in their native languages. In an unusual alliance, Republican Federal Communications Commissioner Michael O’Rielly joined Democrats in calling to expand broadband service around the country. O’Rielly told The Hill’s Editor-in-Chief Steve Clemons that equipment and affordability are the main barriers to broadband. Anonymous re-appears Hacktivist group Anonymous, which first made an appearance during the Occupy Wall Street movement of 2011, has reappeared amidst protests in cities around the nation in response to the killing of George Floyd and other grievances. A Facebook group owner who claims to be affiliated with Anonymous wrote that it would soon expose the Minneapolis police departments “many crimes in the world”. Forbes reports that Anonymous apparently even took down the Minneapolis Police Department’s website. FCC approves $16 million in telehealth funding The FCC also approved an additional $16 million for 43 applicants seeking funding to provide telehealth services during the pandemic. The money goes to healthcare providers for things like network upgrades and laptop, and is  part of a total pool of $200 million Congress allocated for COVID-19-related telehealth programs. To date, the FCC has allocated $50 million, or just a quarter of that total amount.

Calls for the regulation of so-called big tech are coming from all directions, and while the proposed interventions vary widely, a common refrain is that these companies have too much power. Host Brian Wesolowski sits down with author Harold Feld, Senior Vice President of Public Knowledge, about his new e-book, The Case for the Digital Platform Act. It takes a deeper look at some of the challenges posed by the increased power of digital platforms, and proposes the creation of a new U.S. government oversight agency to shape regulations in the space. More on the book: http://www.digitalplatformact.com/ More on Harold: https://twitter.com/haroldfeld More on our host, Brian: bit.ly/cdtbrian Attribution: sounds used from Psykophobia, Taira Komori, BenKoning, Zabuhailo, bloomypetal, guitarguy1985, bmusic92, and offthesky of freesound.org.

  Bio Harold Feld is Public Knowledge's Senior Vice President. Before becoming Senior Vice President at Public Knowledge, Harold worked as Senior Vice President of Media Access Project, advocating for the public interest in media, telecommunications, and technology policy for almost 10 years. Prior to joining MAP, Harold was an associate at Covington & Burling, worked on Freedom of Information Act, Privacy Act, and accountability issues at the Department of Energy, and clerked for the D.C. Court of Appeals. He received his B.A. from Princeton University, and his J.D. from Boston University Law School. Harold also writes Tales of the Sausage Factory, a progressive blog on media and telecom policy. In 2007, Illinois Senator Dick Durbin praised him and his blog for "[doing] a lot of great work helping people understand how FCC decisions affect people and communities on the ground." Resources Public Knowledge The Case for the Digital Platform Act by Harold Feld   News Roundup   Supreme Court takes a bite out of Apple in app store case   In a 5-4 the decision, the Supreme Court dealt a blow to Apple in a class action lawsuit claiming that company’s app store is a monopoly. The case will now proceed in the district court. The issue was whether regular consumers have standing to sue Apple for antitrust violations, or whether it was just competitors who have standing to sue. Justice Kavanaugh sided with the court’s liberal justices, saying that if consumers didn’t have standing, that retailers would be able to evade antitrust enforcement, by structuring deals with suppliers and manufactures in a way that complies with the black letter of the law, but still effectively have a monopoly.   Uber driver allegedly locks two women in his car   Police in Pittsburgh arrested an Uber driver, Richard Lomotey, who is also an assistant professor at Penn State’s Beaver campus, for allegedly locking two female passengers in his car and telling them, “you’re not going anywhere”. Lomotey is charged with two counts of kidnapping.   Protests over Palantir   Protestors converged on Palantir’s headquarters around the country over the company’s $38 million contract with Immigration and Customs Enforcement. According to the Intercept, Palantir, which was founded by Trump adviser Peter Thiel, has been working with ICE to help them target and deport unaccompanied children and their families. Palantir says that it only helps ICE with investigations. But the Intercept found written documents, obtained via a FOIA request, that show Palantir pursued an “Unaccompanied Alien Children Human Smuggling Disruption Initiative” with both of ICE’s two major divisions: Homeland Security and Investigations and its other division, which is called Enforcement and Removal Operations.   Symantec: Chinese spies captured NSA’s hacking tools and used them against the U.S.   The New York Times reports that Symantec has discovered that Chinese spies hacked into the National Security Agency and stole its hacking tools. Then it took those tools and used them against the United States. Experts are now questioning what role the U.S. should now play in defining cybersecurity practices around the world. The New York Times describes what China did as being similar to a “ gunslinger who takes an enemy’s rifle and starts blasting away”, making cybersecurity, in a lot of ways, like the Wild West.   Justice Department charges Chinese Nationals in Anthem breach   The Justice Department has charged two Chinese nationals for hacking Anthem back in 2015 that affected some 78.8 million Americans. The DOJ says the hackers used “extremely sophisticated techniques” to hack into Anthem and three other companies. DOJ officials call it one of the worst attacks in U.S. history.   Amazon reports “extensive fraud” following merchant hack   Amazon reported that over 6 months last year, it was hit by what it termed an “extensive fraud” with hackers siphoning funds from merchant accounts.   Pew reports that Americans’ interest in social media is unchanged since 2018   Pew reports that despite all of the breaches, and hacks and problems in the tech sector and Facebook, in particular, Americans’ interest in tech remains unchanged compared to last year. Black and Hispanic adults’ use of YouTube exceeds that of Whites by 6 and 7 points respectively, with 78 and 77 percent saying they’ve ever used YouTube. Notably, Hispanic adults far outpace Whites on Instagram—by some 18 points, with 51 percent of Hispanics saying they’ve ever used the platform compared to just 33% of Whites. Blacks and Hispanics also far outpace Whites on WhatsApp, by 11 points and 29 points, respectively. You can find a link to the report in the show notes.   Uber drivers strike worldwide on day of IPO   Uber drivers around the world protested Uber and Lyft on the day of Uber’s IPO last week. The largest number of protestors, hundreds, appeared outside Uber’s headquarters in San Francisco. But the turnout in other cities around the world, were more modest. This underscores the difficulty of organizing in a company without a central company-wide email system that drivers can use to organize.   Oracle sues the Pentagon for offering jobs to DoD workers   Oracle is suing the Pentagon for eliminating it from a bidding process after Amazon allegedly offered a job to a Department of Defense employee for crafting the Joint Enterprise Defense Infrastructure in a way that benefitted Amazon.   Fight over Airbnb regulation in DC intensifies   DC City Council member Phil Mendleson threatened DC Mayor Muriel Bowser on Twitter, saying that he would withhold building permits for government projects if the Mayor fails to implement a law designed to regulate short -term rentals like Airbnb. The Mayor’s office is saying the law may be unconstitutional because it limits owners of units that don’t actually reside at their property from sharing with renters for more than 90 days per year. The law is scheduled to take effect on October 1st.   Events  Tues., 5/15   If you’re in the Bay Area … New America 2020 Census: Everyone Counts 12:30-1:30 SPUR 1544 Broadway Oakland   FCC Webinar: Information for Older American Consumers 2PM-3PM   If you’re in New York … Politico’s Women Rule Networking Event The Future of Female Entrepreneurship 6PM-8PM tomorrow, Wed. May 15 New York This event has a high demand and the location isn’t public. But you can find the link to the interest list in the show notes.

Independent investigative journalism, broadcasting, trouble-making and muckraking with Brad Friedman of BradBlog.com

Independent investigative journalism, broadcasting, trouble-making and muckraking with Brad Friedman of BradBlog.com

After a recent announcement from Microsoft committing to building rural networks using TV white spaces [NYT, Ars Technica stories], we asked Public Knowledge Senior Vice President and long-time TVWS enthusiast Harold Feld to explain the significance. We discuss what TVWS are and why this announcement is such a big deal given that we have previously covered multiple … Continue reading "Microsoft Supercharges TV White Spaces – Community Broadband Bits Podcast 262" ★ Support this podcast ★

Harold Feld (@haroldfeld)  is Public Knowledge's Senior Vice President. Before becoming Senior Vice President at Public Knowledge, Harold worked as Senior Vice President of Media Access Project, advocating for the public interest in media, telecommunications, and technology policy for almost 10 years. Prior to joining MAP, Harold was an associate at Covington & Burling, worked on Freedom of Information Act, Privacy Act, and accountability issues at the Department of Energy, and clerked for the D.C. Court of Appeals. He received his B.A. from Princeton University, and his J.D. from Boston University Law School. Harold also writes Tales of the Sausage Factory, a progressive blog on media and telecom policy. In 2007, Illinois Senator Dick Durbin praised him and his blog for "[doing] a lot of great work helping people understand how FCC decisions affect people and communities on the ground." In this episode, we discussed: early trends from the Ajit Pai FCC. what to expect on FCC reform from the 115th Congress. where consumer advocates and the Trump administration can find common ground. Resources Public Knowledge Slack The Wealth of Nations by Adam Smith The Federalist Papers   NEWS ROUNDUP The Federal Trade Commission found last week that Vizio--the TV manufacturer--has been spying on its 11 million customers. The company had apparently been collecting and selling customers' locations, demographics and viewing habits. Vizio will now have to pay a $2.2 million settlement to the FTC and New Jersey Attorney General's office.  Hayley Tsukayama covers this in the Washington Post.--The Department of Homeland Security is considering requiring refugees and other immigrants from the 7 Muslim Ban countries to turn over their social media usernames and passwords before entering the United States. DHS Secretary John Kelly made the announcement last week before the House Committee on Homeland Security. But of course a three-judge panel of the Ninth Circuit Court of Appeals upheld a lower court ruling last week which blocked the President's ban on refugees entering the country. Next steps include possible appeals to the full 9th Circuit, or to the U.S. Supreme Court. David Kravets has the story in Ars Technica.--The White House mysteriously let go its Chief Information Security Officer, Cory Louie, last week. Louie, who is Asian, had been appointed to the position by former President Obama and was one of the few minorities on Trump's staff. Check out Zack Whittaker's coverage in ZD Net.--A federal grand jury has indicted the National Security Agency contractor accused of stealing highly sensitive materials from the United States government, which he then collected at his Maryland home. Harold Thomas Martin faces up to 200 years in prison if convicted of all 20 criminal counts he has been charged with. Dustin Volz covers this for Reuters.--The House passed last week the Email Privacy Act, which would update existing law to require law enforcement to get a search warrant before asking technology companies for their users' emails. The bill is expected to get some resistance in the Senate. Dustin Volz has this story as well, in Reuters.--Benjamin Herold reports for Ed Week that the Ajit Pai FCC has rescinded a report the previous administration put out illustrating the success of the E-rate program. The E-rate program is a multi-billion dollar initiative designed to help schools and libraries access high speed internet service. Democratic leaders as well as consumer and tech advocates took Pai to task accusing Pai of paying lip service to the digital divide, while pursuing contradictory policies.--Finally, Amazon expressed serious concerns Friday about President Trump's "America First" agenda. The company said this more protectionist attitude has the potential to harm its business. Jeffrey Dastin has the story in Reuters.

Christine Haight Farley (@Prof_Farley) is a Professor of Law at American University Washington College of Law. She teaches courses on Intellectual Property Law, Trademark Law, International and Comparative Trademark Law, International Intellectual Property Law, Design Protection Law and Art Law. Professor Farley served as Associate Dean for Faculty and Academic Affairs from 2007 to 2011 and as Co-Director of the Program on Information Justice and Intellectual Property from 2005 to 2009. She is the author of numerous articles on intellectual property law and a forthcoming casebook on international trademark law. Professor Farley has taught at law schools in France, India, Italy and Puerto Rico. She has given lectures on intellectual property law in more than twenty countries across every region of the world. Professor Farley frequently appears in the media as an IP expert and is regularly invited to speak at ABA, AIPLA and INTA conferences. She currently serves on an INTA Presidential Task Force on Brands and Innovation, and has recently been selected as a Fulbright Specialist for intellectual property law. Before teaching, Professor Farley was an associate specializing in intellectual property litigation with Rabinowitz, Boudin, Standard, Krinsky & Lieberman in New York. She holds a B.A. (State University of New York at Binghamton), J.D. (State University of New York at Buffalo), LL.M. (Columbia University), and a J.S.D. (Columbia University). In this episode, we discussed: historical examples of offensive marks. the First Amendment implications of The Lanham Act Section 2(a). how U.S. trademark laws compare to international trademark laws in the context of offensive speech. Resources: American University Washington College of Law Christine Haight Farley, Registering Offense: Morality and Public Order in the U.S. Trademark Act, in Protecting and Promoting Diversity With Intellectual Property Law (Irene Calboli & Srividhya Ragavan, eds., Cambridge U. Press 2015) Lee v. Tam via Scotusblog Pedigree: How Elite Students Get Elite Jobs by Lauren Rivera THE NEWS FBI Director James Comey doesn't want anyone to think his agency is comprised of “weasels”--his words not mine. Comey appeared at a hearing before a House Judiciary Committee panel last week to explain why presidential candidate Hillary Clinton was never charged during the investigation into a private server she used as Secretary of State. Comey said the agency hasn't uncovered any additional evidence that would necessitate re-opening the investigation. Matt Zapotosky has more at the Washington Post. ---- John McKinnon at the Wall Street Journal reports The FCC has delayed a vote on proposed rules to overhaul the set-top box marketplace. FCC CommissionerRosenworcel, a Democrat, was the swing vote. The plan would require cable providers to make content available to set-top boxes that compete with the ones issued by cable companies. The proposed rules faced a firestorm of criticism from the cable industry and Hollywood who claimed, among other things, that the rules would exceed the Commission's authority and violate copyright. The good news, as Harold Feld at Public Knowledge has noted, is that the proceeding is far from dead and still open for comment. ---- Several consumer groups are crying foul about WhatsApp's recent announcement that it would begin sharing user data with its parent company, Facebook. WhatsApp has long held itself out as a secure and encrypted messaging service. Groups including the Center for Digital Democracy and Demand Progress, along with 15 other groups, sent a letter to the Federal Trade Commission last week asking the agency to investigate. Grant Gross has the story at Computer World. ---- Four Republican attorneys general from Texas, Arizona, Oklahoma,and Nevada filed lawsuits against the Obama administration for its plan to transfer oversight of the Internet's domain systems from the U.S. to an international body. They're alleging violations of the what they believe to be the U.S. property interest in the systems, that the transfer is a First Amendment violation, amd that it violates the Administrative Procedure Act. Ali Breland at The Hill has the full story. ----Finally, the FCC released an NPRM last week which would prohibit cable companies from bullying independent content producers with clauses in their contracts saying that programmers have to give the cable company the best deal and not allow anyone else to carry their content without permission from the cable company. These are known as most favored nation and alternative distribution method clauses. The cable industry is pushing back, but this is still an NPRM, not an official ruling, and thus it is still open for comment.

The US Court of Appeals for the District of Columbia Circuit recently turned down big telecom companies’ efforts to derail the FCC “net-neutrality” rules. It took 14 years of fighting, wrangling, enduring short-term defeats and a certain amount of uncertainty, but led by a former lobbyists the FCC prevailed prevailed in the public interest. But after the sounds of popping champagne corks have faded, we have to ask “What’s next?” Was this a victory over corporate lobbies?Are there any implications for community broadband, specifically muni networks?What does the net neutrality ruling say about public activism?With the threat of incumbents becoming gatekeepers of the Internet removed, what will lobbyists do next?What will/should “We the People” do with our new found freedom? Harold Feld, Senior Vice President at Public Knowledge joins us to help sort out these and other questions. Public Knowledge promotes freedom of expression, an open Internet, and access to affordable communications tools and creative works.  

Most of the spectrum of frequency that exists in the US is occupied or owned by large wireless corporations, cable companies, by the government. But at least one small chunk of spectrum — “low-band spectrum” wireless, or TV white spaces (so-called because it is the space between the television dials) — has been somewhat open to the public. There are thousands of devices on the market that take advantage of this spectrum without paying a license fee, allowing consumers to transmit bits without interference from walls, trees, or radiation from devices like microwaves. But the Federal Communications Commission is now deciding whether to auction off this spectrum to the highest bidder, putting at risk not only billions of dollars in economic activity, but also very fundamental concepts of affordable public access to information spaces. And on May 15th, just a couple days away from this podcast, the FCC will be holding an open meeting to discuss whether auctioning off this spectrum would be a good idea. Harold Feld, senior vice president for Public Knowledge, recently sat down with David Weinberger to talk about why we should be concerned about auctioning off this spectrum.

When the DC Circuit Court handed down a decision ruling against the FCC's Open Internet (network neutrality) rules, it also clarified that the FCC has the power to overrule state laws that limit local authority to build community networks. Harold Feld, Senior Vice President for Public Knowledge, joins us for Community Broadband [no-glossary]Bits[/no-glossary] Episode #84 … Continue reading "A Roadmap for the FCC To Ensure Local Authority to Build Networks – Community Broadband Podcast #84" ★ Support this podcast ★

We welcome Harold Feld, Senior Vice President of Public Knowledge back to the show to discuss the latest update in the so-called IP Transition. Back in episode 32, Harold explained the five fundamental protections needed for our telecommunications system. Today he returns to discuss the ways in which some of the islands devastated by Sandy … Continue reading "IP Transition Catches Fire Island – Community Broadband Bits Podcast Episode #52" ★ Support this podcast ★

Harold Feld, Senior Vice President of Public Knowledge, is back on Community Broadband [no-glossary]Bits[/no-glossary] to discuss five fundamental rules necessary to ensure we have a great telecommunications system that benefits everyone. Harold first appeared on our show in episode 23. Harold explains the Five Fundamentals here and includes a link to their full filing [pdf]. … Continue reading "The Five Fundamentals for Future Telecommunications – Community Broadband Bits Podcast #32" ★ Support this podcast ★

One hundred years after Teddy Roosevelt and AT&T agreed to the Kingsbury Commitment, Harold Feld joins us on Community Broadband [no-glossary]Bits[/no-glossary] podcast to explain what the Kingsbury Commitment was and why it matters. In short, AT&T wants to change the way telecommunications networks are regulated and Harold is one of our best allies on this … Continue reading "Community Broadband Bits 23 – Harold Feld from Public Knowledge" ★ Support this podcast ★