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The Biggest Threat To Free Speech No One Is Talking About

If you clicked this story, odds are you’re a consumer of independent media. Yet even as you’re reading these words, your ability to do so in a timely manner is in grave jeopardy. Since the repeal in June of Obama-era rules guaranteeing net neutrality, websites like Truthdig, Democracy Now!, Common Dreams and more risk being pushed into an internet slow lane that could severely hamper their readership, if not drive them out of business entirely. For Jeff Cohen, editor and co-founder of the media watchdog Fairness and Accuracy in Reporting(FAIR), it may be the most urgent threat to the First Amendment no one is talking about.

Ajit Pai, Telecom Lobbyists Are Now Coordinating Their Lies In Perfect Symmetry

So we've made it pretty clear by now that the FCC's entire justification for repealing net neutrality was based entirely on fluff and lobbyist nonsense. But because the Administrative Procedure Act requires that regulators actually provide hard data to justify massive reversals in policy, both the Ajit Pai FCC and his BFFs at Verizon, Comcast, and AT&T have clung tightly to one, completely false claim: that net neutrality harmed network investment. But as we've stated countless times, that's simply not true. That's not an opinion, it's based on SEC filings, earnings reports, and the on-the-record statements of nearly a dozen telecom industry CEOs. That undeniable fact hasn't really bothered the folks at US Telecom, the telecom industry's biggest lobbying and policy organization.

New York Attorney General Subpoenas Industry Groups, Lobbyists Over Fake Net Neutrality Comments

The New York Attorney General’s office has subpoenaed “more than a dozen telecommunications trade groups, lobbying contractors and Washington advocacy organizations,” the New York Times reported on Tuesday, seeking to determine whether they were behind the flood of fake public comments submitted before the Federal Communication Commission’s decision to revoke net neutrality rules last year. Barbara Underwood, who became the state’s attorney general earlier this year after predecessor Eric Schneiderman resigned in disgrace, wants to see whether industry groups were behind a huge effort to pollute the 22 million letters filed to the FCC’s electronic comment filing system with fraudulent submissions.

#NetNeutrality: Turns Out 99.7 Percent Of Unique FCC Comments Wanted To Keep The Internet Open

As the Federal Communications Commission prepared to repeal the laws of net neutrality last year, 22 million comments were left on its website expressing arguments either for or against keeping the open internet protected and in place. A new report says that 99.7 percent of the unique comments left on the agency’s site were pro-net neutrality. “Filtering Out the Bots: What Americans Actually Told the FCC about Net Neutrality Repeal” is a study completed by Ryan Singel—a Media and Strategy Fellow at Stanford Law School’s Center for Internet and Society—in which he took a “state-by-state, district-by-district look at linguistically unique comments fled to the FCC in the 2017 repeal proceedings.”

New York Times Sues FCC For Net Neutrality Records

The New York Times Co. is suing the Federal Communications Commission for records the newspaper alleges may reveal possible Russian government interference in a public comment period before the commission rolled back Obama-era net neutrality rules. The plaintiffs, including Times reporter Nicholas Confessore and investigations editor Gabriel Dance, filed in the U.S. District Court for the Southern District of New York Sept. 20 under the Freedom of Information Act, seeking to compel the commission to hand over data.

What Is The FCC Hiding? Court Orders Agency To Release Info About Who Submitted Fake Comments During Net Neutrality Repeal

Reports today show that a DC District Court judge has ordered the Federal Communications Commission (FCC) to disclose previously-unreleased information that will assist the public in understanding how millions of fake comments were submitted to the FCC using stolen names and addresses during the agency’s 2017 proceeding to repeal net neutrality. Digital rights group Fight for the Future, who was among the first to launch an investigation into the fake comments and have long called for a full investigation into the fake comments submitted onto the agency’s net neutrality docket, welcomes the court’s decision as a positive step forward for those who had their names fraudulently placed onto the FCC’s record.

Kavanaugh’s Toxic Net Neutrality Record Went Mostly Unnoticed During Hearings

t’s no secret that Democrats were attempting to press Supreme Court nominee Brett Kavanaugh on a laundry list of topics during his confirmation hearings last week. Yet one issue that initially seemed like it would be part of their pushback, net neutrality, was scarcely mentioned at all over the hours of testimony. Last month several Senate Democrats criticized Kavanaugh’s views on net neutrality, highlighting a dissent he wrote in a case that upheld the 2015 Open Internet Order, the Federal Communications Commission (FCC) rule that enshrined the internet protections and was rescinded last year by the Republican-controlled agency. Kavanaugh’s appointment to the Supreme Court was high stakes for many reasons, Democrats argued, including the future of net neutrality.

That Time Telco Lobbyists Sent Me All Their Talking Points About Trying To Shift The Blame To Internet Companies

It's not every day that big telco lobbyists email me their internal documents about how they're going to try to shift all the negative press about themselves and try to flip it onto internet companies. But it did happen yesterday. In what was clearly a mistake a top exec at the telco's largest lobbying organization, USTelecom, emailed a 12 page document of talking points yesterday, asking the recipients to "review the document for accuracy and other thoughts" in order to help USTelecom President Jonathan Spalter for when he goes on C-SPAN next week. I found it a bit odd that I would be on the distribution list for such an email -- especially when 13 of the 15 recipients of the email were US Telecom employees. And me. The one other non-US Telecom person works at a firm that provides "subject matter experts" and "in-depth legal analysis."

Internet Groups Urge U.S. Court To Reinstate ‘Net Neutrality’ Rules

In a legal filing Monday, the Internet Association, Entertainment Software Association, Computer & Communications Industry Association, and Writers Guild of America West urged the reversal of the Trump administration decision to overturn the rules in December. “Rules regulating the conduct of (internet providers) continue to be needed to protect and promote an open internet,” the groups wrote in a brief filed with the U.S. Court of Appeals for the District of Columbia. Last week, 22 states and the District of Columbia, asked the same appeals court to reinstate the prior rules after the Federal Communications Commission voted 3-2 in December along party lines to reverse rules that barred internet service providers (ISPs) from blocking or throttling traffic or offering paid fast lanes, also known as paid prioritization.

22 States Ask Court To Restore Net Neutrality

Attorneys general representing 22 states and the District of Columbia asked a federal court to reinstate net neutrality, saying the Federal Communications Commission failed to properly consider the issues when removing the policy in 2017. In a brief filed last night, the attorneys general argue that the FCC’s decision “will cause [inevitable harms] to consumers, public safety, and existing regulatory schemes” and that the commission “entirely ignored many of these issues” when overturning net neutrality. In particular, the attorneys general say that the commission failed to consider public safety concerns that could come from the loss of net neutrality. That’s a critical problem, they say, because public safety is part of the agency’s forming statute.

Congress Is Set To Grill FCC’s Chairman For Falsely Claiming His Agency Was Hit With a cyberattack — Here’s How It Could Affect The War Over Net Neutrality

The chairman of the Federal Communications Commission is set to testify Thursday in front of a Senate oversight committee. He's certain to have to respond to questions while there about false statements he and some of his subordinates made to lawmakers about an incident last year in which the agency's computer systems got overwhelmed during the comment period for its then-ongoing net-neutrality proceeding. Pai has tried to distance himself from those false statements, blaming them on the agency's former chief information officer, David Bray. But lawmakers are sure to want to know when Pai knew the statements were false and why he didn't retract them earlier. Perhaps more importantly, lawmakers may well try to delve into the role the incident played in Pai's effort to overturn the FCC's net-neutrality rules.

FCC Lied To Congress About Made-Up DDoS Attack, Investigation Found

The Federal Communications Commission lied to members of Congress multiple times in a letter that answered questions about a "DDoS attack" that never happened, an internal investigation found. The FCC made false statements in response to a May 2017 letter sent to FCC Chairman Ajit Pai by Sens. Ron Wyden (D-Ore.) and Brian Schatz (D-Hawaii). Pai sent a response to Wyden and Schatz the next month but apparently didn't make the false statements himself. Pai's letter to Wyden and Schatz included an attachment in which then-FCC CIO David Bray responded directly to the senators' questions. This part of the letter contained multiple false and misleading statements, according to the FCC Inspector General's report released yesterday. The second half of this article will detail each of these false and misleading statements.

Survey: Net Neutrality Could Be Midterm Issue

Net neutrality could be the midterm election issue supporters of strong rules are hoping for, at least if legislators are looking to capitalize on the issue, positioning is key. That is according to a poll commissioned by the Internet Freedom Business Alliance, an alliance of startups and small businesses advocating for strong net neutrality rules. The poll found that "voters overwhelmingly say they support net neutrality, that a majority say they will take it into account during the election, that independent and undecided voters are more likely to vote for members who act immediately to force a vote to overturn the FCC and restore net neutrality protections, and that such voters are more likely to oppose incumbents when it is pointed out that they have not helped overturn the FCC and restore net neutrality."

Sinclair Merger In Huge Trouble As FCC Chairman Pai Casts Skeptical Eye On Sham Deals

WASHINGTON — On Monday, Federal Communications Commission Chairman Ajit Pai announced that he would circulate an order designating the Sinclair Broadcast Group’s acquisition of Tribune Media for an administrative hearing at the agency. Pai’s statement suggests that at least the divestitures Sinclair has proposed would be sent to a hearing because, in the chairman’s words, the “evidence we’ve received suggests that certain station divestitures that have been proposed to the FCC would allow Sinclair to control those stations in practice, even if not in name, in violation of the law.” In 2017, Sinclair announced a proposal to take over Tribune Media’s television stations, a merger that as originally proposed would have given the broadcast giant control of more than 233 local TV stations reaching 72 percent of the country’s population, far in excess of congressional and FCC limits on national and local media ownership.

First Republican Joins Effort To Reverse FCC On Net Neutrality Repeal

Today, Representative Mike Coffman (R-CO) announced that he will become the first GOP member of the House of Representatives to sign a discharge petition in an attempt to force a vote on the Congressional Review Act (CRA) resolution to reverse the FCC’s unpopular repeal of net neutrality. With polls showing that Republican voters overwhelmingly want their lawmakers to support the CRA, the move could unleash a landslide of GOP support for the resolution to restore strong protections while Congress debates any potential future legislation.
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