I've Been Mugged Blog

Lawmakers In California Cave To Industry Lobbying, And Backtrack With Weakened Net Neutrality Bill

After the U.S. Federal Communications Commission (FCC) acted last year to repeal net neutrality rules, those protections officially expired on June 11th. Meanwhile, legislators in California have acted to protect their state's residents. In January, State Senator Weiner introduced in January a proposed bill, which was passed by the California Senate three weeks ago.

Since then, some politicians have countered with a modified bill lacking strong protections. C/Net reported:

"The vote on Wednesday in a California Assembly committee hearing advanced a bill that implements some net neutrality protections, but it scaled back all the measures of the bill that had gone beyond the rules outlined in the Federal Communications Commission's 2015 regulation, which was officially taken off the books by the Trump Administration's commission last week. In a surprise move, the vote happened before the hearing officially started,..."

Weiner's original bill was considered the "gold standard" of net neutrality protections for consumers because:

"... it went beyond the FCC's 2015 net neutrality "bright line" rules by including provisions like a ban on zero-rating, a business practice that allows broadband providers like AT&T to exempt their own services from their monthly wireless data caps, while services from competitors are counted against those limits. The result is a market controlled by internet service providers like AT&T, who can shut out the competition by creating an economic disadvantage for those competitors through its wireless service plans."

State Senator Weiner summarized the modified legislation:

"It is, with the amendments, a fake net neutrality bill..."

A key supporter of the modified, weak bill was Assemblyman Miguel Santiago, a Democrat from Los Angeles. Motherboard reported:

"Spearheading the rushed dismantling of the promising law was Committee Chair Miguel Santiago, a routine recipient of AT&T campaign contributions. Santiago’s office failed to respond to numerous requests for comment from Motherboard and numerous other media outlets... Weiner told the San Francisco Chronicle that the AT&T fueled “evisceration” of his proposal was “decidedly unfair.” But that’s historically how AT&T, a company with an almost comical amount of control over state legislatures, tends to operate. The company has so much power in many states, it’s frequently allowed to quite literally write terrible state telecom law..."

Supporters of this weakened bill either forgot or ignored the results from a December 2017 study of 1,077 voters. Most consumers want net neutrality protections:

Do you favor or oppose the proposal to give ISPs the freedom to: a) provide websites the option to give their visitors the ability to download material at a higher speed, for a fee, while providing a slower speed for other websites; b) block access to certain websites; and c) charge their customers an extra fee to gain access to certain websites?
Group	Favor	Opposed	Refused/Don't Know
National	15.5%	82.9%	1.6%
Republicans	21.0%	75.4%	3.6%
Democrats	11.0%	88.5%	0.5%
Independents	14.0%	85.9%	0.1%

Why would politicians pursue weak net neutrality bills with few protections, while constituents want those protections? They are doing the bidding of the corporate internet service providers (ISPs) at the expense of their constituents. Profits before people. These politicians promote the freedom for ISPs to do as they please while restricting consumers' freedoms to use the bandwidth they've purchased however they please.

Broadcasting and Cable reported:

"These California democrats will go down in history as among the worst corporate shills that have ever held elected office," said Evan Greer of net neutrality activist group Fight for the Future. "Californians should rise up and demand that at their Assembly members represent them. The actions of this committee are an attack not just on net neutrality, but on our democracy.” According to Greer, the vote passed 8-0, with Democrats joining Republicans to amend the bill."

According to C/Net, more than 24 states are considering net neutrality legislation to protect their residents:

"... New York, Connecticut, and Maryland, are also considering legislation to reinstate net neutrality rules. Oregon and Washington state have already signed their own net neutrality legislation into law. Governors in several states, including New Jersey and Montana, have signed executive orders requiring ISPs that do business with the state adhere to net neutrality principles."

So, we have AT&T (plus politicians more interested in corporate donors than their constituents, the FCC, President Trump, and probably other telecommunications companies) to thank for this mess. What do you think?

When "Unlimited" Mobile Plans Are Anything But

My apologies to readers for the 10-day gap in blog posts. I took a few days off to attend a high school reunion in another state. Time passes more quickly than you think. It was good to renew connections with classmates.

Speaking of connections, several telecommunications companies appear to either ignore or not know the meaning of "unlimited" for mobile internet access. 9To5mac reported:

"Not content with offering one ‘unlimited’ plan which isn’t, and a second ‘beyond unlimited’ plan which also isn’t, Verizon has now decided the solution to this is a third plan. The latest addition is called ‘above unlimited’ and, you guessed it, it’s not... The carrier has the usual get-out clause, claiming that all three plans really are unlimited, it’s just that they reserve the right to throttle your connection speed once you hit the stated, ah, limits."

Some of the mobile plans limit video to low-resolution formats. Do you prefer to watch in 2018 low-resolution video formatted to 2008 (or earlier)? I think not. Do you want your connection slowed after you reach a data download threshold? I think not.

I look forward to action by the U.S. Federal Trade Commission (FTC) to enforce the definition of "unlimited," since the "light-touch" regulatory approach by the Federal Communications Commission (FCC) means that the FCC has abandoned its duties regarding oversight of internet service providers.

Caveat emptor, or buyer beware, definitely applies. Wise consumers read the fine print before purchase of any online services.

FBI Warns Sophisticated Malware Targets Wireless Routers In Homes And Small Businesses

The U.S. Federal Bureau of Investigation (FBI) issued a Public Service Announcement (PSA) warning consumers and small businesses that "foreign cyber actors" have targeted their wireless routers. The May 25th PSA explained the threat:

"The actors used VPNFilter malware to target small office and home office routers. The malware is able to perform multiple functions, including possible information collection, device exploitation, and blocking network traffic... The malware targets routers produced by several manufacturers and network-attached storage devices by at least one manufacturer... VPNFilter is able to render small office and home office routers inoperable. The malware can potentially also collect information passing through the router. Detection and analysis of the malware’s network activity is complicated by its use of encryption and misattributable networks."

The "VPN" acronym usually refers to a Virtual Private Network. Why use the VPNfilter name for a sophisticated computer virus? Wired magazine explained:

"... the versatile code is designed to serve as a multipurpose spy tool, and also creates a network of hijacked routers that serve as unwitting VPNs, potentially hiding the attackers' origin as they carry out other malicious activities."

The FBI's PSA advised users to, a) reboot (e.g., turn off and then back on) their routers; b) disable remote management features which attackers could take over to gain access; and c) update their routers with the latest software and security patches. For routers purchased independently, security experts advise consumers to contact the router manufacturer's tech support or customer service site.

For routers leased or purchased from an internet service providers (ISP), consumers should contact their ISP's customer service or technical department for software updates and security patches. Example: the Verizon FiOS forums site section lists the brands and models affected by the VPNfilter malware, since several manufacturers produce routers for the Verizon FiOS service.

It is critical for consumers to heed this PSA. The New York Times reported:

"An analysis by Talos, the threat intelligence division for the tech giant Cisco, estimated that at least 500,000 routers in at least 54 countries had been infected by the [VPNfilter] malware... A global network of hundreds of thousands of routers is already under the control of the Sofacy Group, the Justice Department said last week. That group, which is also known as A.P.T. 28 and Fancy Bear and believed to be directed by Russia’s military intelligence agency... To disrupt the Sofacy network, the Justice Department sought and received permission to seize the web domain toknowall.com, which it said was a critical part of the malware’s “command-and-control infrastructure.” Now that the domain is under F.B.I. control, any attempts by the malware to reinfect a compromised router will be bounced to an F.B.I. server that can record the I.P. address of the affected device..."

Readers wanting technical details about VPNfilter, should read the Talos Intelligence blog post.

When consumers contact their ISP about router software updates, it is wise to also inquire about security patches for the Krack malware, which the bad actors have used recently. Example: the Verizon site also provides information about the Krack malware.

The latest threat provides several strong reminders:

1. The conveniences of wireless internet connectivity which consumers demand and enjoy, also benefits the bad guys,
2. The bad guys are persistent and will continue to target internet-connected devices with weak or no protection, including devices consumers fail to protect,
3. Wireless benefits come with a responsibility for consumers to shop wisely for internet-connected devices featuring easy, continual software updates and security patches. Otherwise, that shiny new device you recently purchased is nothing more than an expensive "brick," and
4. Manufacturers have a responsibility to provide consumers with easy, continual software updates and security patches for the internet-connected devices they sell.

What are your opinions of the VPNfilter malware? What has been your experience with securing your wireless home router?

U.S. Senate Vote Approves Resolution To Reinstate Net Neutrality Rules. FCC Chairman Pai Repeats Claims While Ignoring Consumers

Yesterday, the United States Senate approved a bipartisan resolution to preserve net neutrality rules, the set of internet protections established in 2015 which require wireless and internet service providers (ISPs) to provide customers with access to all websites, and equal access to all websites. That meant no throttling, blocking, slow-downs of selected sites, nor prioritizing internet traffic in "fast" or "slow" lanes.

Earlier this month, the Federal Communications Commission (FCC) said that current net neutrality rules would expire on June 11, 2018. Politicians promised that tax cuts will create new jobs, and that repeal of net neutrality rules would encourage investments by ISPs. FCC Chairman Ajit Pai, appointed by President Trump, released a statement on May 10, 2018:

"Now, on June 11, these unnecessary and harmful Internet regulations will be repealed and the bipartisan, light-touch approach that served the online world well for nearly 20 years will be restored. The Federal Trade Commission will once again be empowered to target any unfair or deceptive business practices of Internet service providers and to protect American’s broadband privacy. Armed with our strengthened transparency rule, we look forward to working closely with the FTC to safeguard a free and open Internet. On June 11, we will have a framework in place that encourages innovation and investment in our nation’s networks so that all Americans, no matter where they live, can have access to better, cheaper, and faster Internet access and the jobs, opportunities, and platform for free expression that it provides. And we will embrace a modern, forward-looking approach that will help the United States lead the world in 5G..."

Chairman Pai's claims sound hollow, since reality says otherwise. Telecommunications companies have fired workers and reduced staff despite getting tax cuts, broadband privacy repeal, and net neutrality repeal. In December, more than 1,000 startups and investors signed an open letter to Pai opposing the elimination of net neutrality. Entrepreneurs and executives are concerned that the loss of net neutrality will harm or hinder start-up businesses.

CNet provided a good overview of events surrounding the Senate's resolution:

"Democrats are using the Congressional Review Act to try to halt the FCC's December repeal of net neutrality. The law gives Congress 60 legislative days to undo regulations imposed by a federal agency. What's needed to roll back the FCC action are simple majorities in both the House and Senate, as well as the president's signature. Senator Ed Markey (Democrat, Massachusetts), who's leading the fight in the Senate to preserve the rules, last week filed a so-called discharge petition, a key step in this legislative effort... Meanwhile, Republican lawmakers and broadband lobbyists argue the existing rules hurt investment and will stifle innovation. They say efforts by Democrats to stop the FCC's repeal of the rules do nothing to protect consumers. All 49 Democrats in the Senate support the effort to undo the FCC's vote. One Republican, Senator Susan Collins of Maine, also supports the measure. One more Republican is needed to cross party lines to pass it."

"No touch" is probably a more accurate description of the internet under Chairman Pai's leadership, given many historical problems and abuses of consumers by some ISPs. The loss of net neutrality protections will likely result in huge price increases for internet access for consumers, which will also hurt public libraries, the poor, and disabled users. The loss of net neutrality will allow ISPs the freedom to carve up, throttle, block, and slow down the internet traffic they choose, while consumers will lose the freedom to use as they choose the broadband service they've paid for. And, don't forget the startup concerns above.

After the Senate's vote, FCC Chairman Pai released this statement:

“The Internet was free and open before 2015, when the prior FCC buckled to political pressure from the White House and imposed utility-style regulation on the Internet. And it will continue to be free and open once the Restoring Internet Freedom Order takes effect on June 11... our light-touch approach will deliver better, faster, and cheaper Internet access and more broadband competition to the American people—something that millions of consumers desperately want and something that should be a top priority. The prior Administration’s regulatory overreach took us in the opposite direction, reducing investment in broadband networks and particularly harming small Internet service providers in rural and lower-income areas..."

The internet was free and open before 2015? Mr. Pai is guilty of revisionist history. The lack of ISP competition in key markets meant consumers in the United States pay more for broadband and get slower speeds compared to other countries. There were numerous complaints by consumers about usage-based Internet pricing. There were privacy abuses and settlement agreements by ISPs involving technologies such as deep-packet inspection and 'Supercookies' to track customers online, despite consumers' wishes not to be tracked. Many consumers didn't get the broadband speeds ISP promised. Some consumers sued their ISPs, and the New York State Attorney General had residents  check their broadband speed with this tool.

Tim Berners-Lee, the founder of the internet, cited three reasons why the Internet is in trouble. His number one reason: consumers had lost control of their personal information. The loss of privacy meant consumers lost control over their personal information.

There's more. Some consumers found that their ISP hijacked their online search results without notice nor consent. An ISP in Kansas admitted in 2008 to secret snooping after pressure from Congress. Given this, something had to be done. The FCC stepped up to the plate and acted when it was legally able to; and reclassified broadband after open hearings. Proposed rules were circulated prior to adoption. It was done in the open.

Yet, Chairman Pai would have us now believe the internet was free and open before 2015; and that regulatory was unnecessary. I say BS.

FCC Commissioner Jessica Rosenworcel released a statement yesterday:

"Today the United States Senate took a big step to fix the serious mess the FCC made when it rolled back net neutrality late last year. The FCC's net neutrality repeal gave broadband providers extraordinary new powers to block websites, throttle services and play favorites when it comes to online content. This put the FCC on the wrong side of history, the wrong side of the law, and the wrong side of the American people. Today’s vote is a sign that the fight for internet freedom is far from over. I’ll keep raising a ruckus to support net neutrality and I hope others will too."

A mess, indeed, created by Chairman Pai. A December 2017 study of 1,077 voters found that most want net neutrality protections:

Do you favor or oppose the proposal to give ISPs the freedom to: a) provide websites the option to give their visitors the ability to download material at a higher speed, for a fee, while providing a slower speed for other websites; b) block access to certain websites; and c) charge their customers an extra fee to gain access to certain websites?
Group	Favor	Opposed	Refused/Don't Know
National	15.5%	82.9%	1.6%
Republicans	21.0%	75.4%	3.6%
Democrats	11.0%	88.5%	0.5%
Independents	14.0%	85.9%	0.1%

Why did the FCC, President Trump, and most GOP politicians pursue the elimination of net neutrality protections despite consumers wishes otherwise? For the same reasons they repealed broadband privacy protections despite most consumers wanting broadband privacy. (Remember, President Trump signed the privacy-rollback legislation in April 2017.) They are doing the bidding of the corporate ISPs at the expense of consumers. Profits before people. Whenever Mr. Pai mentions a "free and open internet," he's referring to corporate ISPs and not consumers. What do you think?

The Brave Web Browser: A New Tool For Consumers Wanting Online Privacy

After the U.S. Federal Communications Commission (FCC), led by Trump appointee Ajit Pai, repealed last year both broadband privacy and net neutrality protections, and after details emerged about the tracking of both users and non-users by Facebook, many consumers have sought tools to regain their online privacy. One popular approach has been installing ad-blocking software with existing web browsers to both suppress online ads, and disable tracking mechanisms embedded in  online advertisements and web sites.

What if a web browser came with ad-blocking software already built in? If that's what you seek, then the new Brave web browser is worth consideration. According to its website:

"Brave blocks ads and trackers by default so you browse faster and safer. You can add ad blocking extensions to your existing browser, but it’s complicated and they often conflict with one another because browser companies don't test them. Worse, the leading ad blockers still allow some ads and all trackers."

Other benefits of this new, open-source browser:

"Brave loads major news sites 2 to 8 times faster than Chrome and Safari on mobile. And Brave is 2 times faster than Chrome on desktop."

You can read details about speed tests at the Brave site. Reportedly, this new browser already has about 2 million users. Brave was started by Brendan Eich, creator of JavaScript programming language and former CEO of Mozilla. So, he knows what he is doing.

What also makes this new browser unique is its smart, innovative use of block-chain, the technology behind bitcoin. CNet explained that Brave soon will:

"... give cryptocurrency-like payment tokens to anyone using the ad-blocking web browser, a move that won't let you line your own pockets but that will make it easier to fund the websites you visit. Brave developed the Basic Attention Token (BAT) as an alternative to regular money for the payments that flow from advertiser to website publishers. Brave plans to use BAT more broadly, though, for example also sending a portion of advertising revenue to you if you're using Brave and letting you spend BAT for premium content like news articles that otherwise would be behind a subscription paywall.

Most of that is in the future, though. Today, Brave can send BAT to website publishers, YouTubers and Twitch videogame streamers, all of whom can convert that BAT into ordinary money once they're verified. You can buy BAT on your own, but Brave has given away millions of dollars' worth through a few promotions. The next phase of the plan, though, is just to automatically lavish BAT on anyone using Brave, so you won't have to fret that you missed a promotional giveaway... The BAT giveaway plan is an important new phase in Brave's effort to salvage what's good about advertising on the internet -- free access to useful or entertaining services like Facebook, Google search and YouTube -- without downsides like privacy invasion and the sorts of political manipulations that Facebook partner Cambridge Analytica tried to enable."

To summarize, Brave will use block-chain as a measurement tool; not as real money. Smart. Plus, Brave pursues a new business model where advertisers can still get paid, browser users get paid, and most importantly: consumers don't have to divulge massive amounts of sensitive, personal information in order to view content. (Facebook and Google executives: are you paying attention?) This seems like a far better balance of privacy versus tracking for advertising.

Skeptical? CNet also reported that Brave started:

"... in 2017 with an initial coin offering (ICO). Enough people were convinced of BAT's value that they funded Brave by buying $36 million worth of BAT in about 30 seconds. About 300 million of the tokens are reserved for a "user growth pool" to attract people to Brave and its BAT-based payment system for online ads. That's the source of the supply Brave plans to release to Brave users.

Today, more than 12,000 publishers have verified themselves for BAT payments, the company said. That includes more than 3,300 websites, 8,800 YouTube creators and nearly 350 people streaming video games on Amazon's Twitch site. Notable verified media sites include The Washington Post, the Guardian, and Dow Jones Media Group, a Dow Jones subsidiary that operates Barron's and MarketWatch."

Last week, Brave announced a partnership with Dow Jones Media Group where it:

"... will provide access to premium content to a limited number of users who download the Brave browser on a first-come, first-serve basis. The available content set features full access to Barrons.com or a premium MarketWatch newsletter..."

Plus, Brave and DuckDuckGo have collaborated to enable private search within the private tabs of the Brave browser. So, consumers can add the Brave browser to the list of optional tools for online privacy:

• Facebook.com users: disable the Facebook API platform on your Facebook accounts, use the new tools (e.g., see these step-by-step instructions) by Facebook to review and disable the apps with access to their data,
• Everyone: consider ad-blocking software (e.g., Adblock Plus, Ghostery), use the opt out-out mechanisms offered by the major data brokers, use the OptOutPrescreen.com site to stop pre-approved credit offers, use the DuckDuckGo search engine instead of other search engines that track you, and/or consider VPN software and services to stop spying by your internet service provider,
• Firefox web browser users: configure your browser for Private Browsing and install the new Facebook Container add-on specifically designed to prevent Facebook from tracking you,
• Other web browser users: several web browsers offer Incognito Mode, consider the Privacy Badger add-on, try the new DuckDuckGo Privacy browser, or install the DuckDuckGo browser extension to your existing web browser.

What are your opinions? If you use the Brave browser, share your experiences below.

Verizon FiOS: Poor Message Display And Cumbersome Opt Out Mechanism

Do you use broadband internet from Verizon FiOS? Or are you considering it? The blazing speed is awesome for viewing video content online, but I found portions of the service less than awesome. Which portions? The view/pay bills section of the secure site.

After signing into the secure site recently to pay my monthly bill, the view/pay bill section of the Verizon FiOS site displayed this alert:

To browse the messages, I selected "View all messages." The site displayed messages in the following overlay window:

I found this presentation problematic. First, neither the alert nor the text displayed provide a status of the number of unread messages. Had I read any of these before? I couldn't tell. Well-designed sites provide read/unread message status. Second, the overlay window lacked dates. What? I couldn't tell which messages were new or old. Not good

Third, the presentation lacked features to print, save, or delete individual messages. The presentation also lacked a sort feature. That's not state-of-the-art. Strangely, the profile section of the site includes a slightly better presentation of messages with dates and read/unread status. So, Verizon knows how to do it, but seems to have decided not to for this site section. Why deviate? Why not simply link to the profile messages section and display all messages in the profile section?

Fourth, the first message contained important instructions about how to opt out of Verizon's data sharing programs. The full message stated:

"Your Choices to Limit Use and Sharing of Information for Marketing
You have choices about Verizon's use and sharing of certain information for the purpose of marketing new services to you. Verizon offers a full range of services, such as television, telematics, high-speed internet, video, and local and long distance services.Unless you notify us as explained below, we may use or share your information beginning 30 days after the first time we notify you of this policy. Your choice will remain valid until you notify us that you wish to change it, which you have the right to do at any time. Verizon protects your information and your choices won't affect the provision of any services you currently have with us.¿Customer Proprietary Network InformationCustomer Proprietary Network Information (CPNI) is information available to us solely by virtue of our relationship with you that relates to the type, quantity, destination, technical configuration, location, and amount of use of the telecommunications and interconnected VoIP services you purchase from us, as well as related billing information.We may use and share your CPNI among our affiliates and agents to offer you services that are different from the services you currently purchase from us. If you don't want us to use or share your CPNI with our affiliates and agents for this purpose, let us know by calling us any time at 1.866.483.9700.¿Information about Your CreditInformation about your credit includes your credit score, the information found in your consumer reports and your account history with us. We may share this information among the Verizon family of companies for the purpose of marketing new services to you. If you don't want us to share this information among the Verizon family of companies for the purpose of marketing new services to you, let us know by calling us any time at 1.844.366.2879."

If you like online privacy, then opting out of these programs is wise. Regular readers of this blog are familiar with CPNI disclosures from AT&T, and how much that information describes about the specific telecommunications services you use and your associated spending. The failure to display a date makes it impossible for consumers to determine whether or not the 30-day deadline has passed (and Verizon FiOS has already begun sharing customers' information). Not good.

Note: the program default automatically includes customers in Verizon's data-sharing programs after 30 days. A better default would be to not include all customers, and then only include customers who opt in or register. Is this lazy or slick marketing? Probably a little of both since most consumers fail to read legal messages.

Fifth, what's with the funky syntax (e.g., upside-down question marks)? This is English, not Spanish. Sixth, the message presented information as a "wall of words" without paragraph breaks, imagery, or other mechanisms to improve readability. There should be paragraph breaks before both "CreditInformation" and "Customer Proprietary Network Information" -- two critical concepts requiring customers' attention.

Seventh, the opt-out mechanism includes two different phone numbers to fully opt out of the data-sharing programs. Why the complexity? Come on, Verizon. You can do better. You are the phone company. Is a single phone number too difficult? Why put your customers through this hassle? Even worse: the site fails to provide an online opt-out mechanism. What's up with that?

Come on Verizon! You can do better. This poor message display and cumbersome opt-out mechanism makes it easier for Comcast Xfinity. Is that really what you want to do? I think not. Hopefully, FiOS customers will hear from Verizon in the comments section below. If they write to me separately, I'll post that response.

To me, the unnecessary (and avoidable) complexity seems like slick attempts to discourage customers from opting out of the data-sharing programs. What do you think?

Analysis: Closing The 'Regulatory Donut Hole' - The 9th Circuit Appeals Court, AT&T, The FCC And The FTC

The International Association of Privacy Professionals (IAPP) site has a good article explaining what a recent appeals court decision means for everyone who uses the internet:

"When the 9th U.S. Circuit Court of Appeals ruled, in September 2016, that the Federal Trade Commission did not have the authority to regulate AT&T because it was a “common carrier,” which only the Federal Communications Commission can regulate, the decision created what many in privacy foresaw as a “regulatory doughnut hole.” Indeed, when the FCC, in repealing its broadband privacy rules, decided to hand over all privacy regulation of internet service providers to the FTC, the predicted situation came about: The courts said “common carriers” could only be regulated by the FCC, but the FCC says only the FTC should be regulating privacy. So, was there no regulator to oversee a company like AT&T’s privacy practices?

Indeed, argued Gigi Sohn, formerly counsel to then-FCC Chair Tom Wheeler, “The new FCC/FTC relationship lets consumers know they’re getting screwed. But much beyond that, they don’t have any recourse.” Now, things have changed once again. With an en banc decision, the 9th Circuit has reversed itself... This reversal of its previous decision by the 9th Circuit now allows the FTC to go forward with its case against AT&T and what it says were deceptive throttling practices, but it also now allows the FTC to once again regulate internet service providers’ data-handling and cybersecurity practices if they come in the context of activities that are outside their activities as common carriers."

Somebody has to oversee Internet service providers (ISPs). Somebody has to do their job. It's an important job. The Republicans-led FCC, by Trump appointee Ajit Pai, has clearly stated it won't given its "light touch" approach to broadband regulation, and repeals last year of both broadband privacy and net neutrality rules. Earlier this month, the National Rifle Association (NRA) honored FCC Chairman Pai for repealing net neutrality rules.

"No touch" is probably a more accurate description. A prior blog post listed many historical problems and abuses of consumers by some ISPs. Consumers should buckle up, as ISPs slowly unveiled their plans in a world without net neutrality protections for consumers. What might that look like? What has AT&T said about this?

Bob Quinn, the Vice President of External and Legislative Affairs for AT&T, claimed today in a blog post:

"Net neutrality has been an emotional issue for a lot of people over the past 10 years... For much of those 10 years, there has been relative agreement over what those rules should be: don’t block websites; censor online content; or throttle, degrade or discriminate in network performance based on content; and disclose to consumers how you manage your network to make that happen. AT&T has been publicly committed to those principles... But no discussion of net neutrality would be complete without also addressing the topic of paid prioritization. Let me start by saying that the issue of paid prioritization has always been hazy and theoretical. The business models for services that would require end-to-end management have only recently begun to come into focus... Let me clear about this – AT&T is not interested in creating fast lanes and slow lanes on anyone’s internet."

Really? The Ars Technica blog called out AT&T and Quinn on his claim:

"AT&T is talking up the benefits of paid prioritization schemes in preparation for the death of net neutrality rules while claiming that charging certain content providers for priority access won't create fast lanes and slow lanes... What Quinn did not mention is that the net neutrality rules have a specific carve-out that already allows such services to exist... without violating the paid prioritization ban. Telemedicine, automobile telematics, and school-related applications and content are among the services that can be given isolated capacity... The key is that the FCC maintained the right to stop ISPs from using this exception to violate the spirit of the net neutrality rules... In contrast, AT&T wants total control over which services are allowed to get priority."

Moreover, fast and slow lanes by AT&T already exist:

"... AT&T provides only DSL service in many rural areas, with speeds of just a few megabits per second or even less than a megabit. AT&T has a new fixed wireless service for some rural areas, but the 10Mbps download speeds fall well short of the federal broadband standard of 25Mbps. In areas where AT&T has brought fiber to each home, the company might be able to implement paid prioritization and manage its network in a way that prevents most customers from noticing any slowdown in other services..."

So, rural (e.g., DSL) consumers are more likely to suffer and notice service slowdowns. Once the final FCC rules are available without net neutrality protections for consumers and the lawsuits have been resolved, then AT&T probably won't have to worry about violating any prioritization bans.

The bottom line for consumers: expect ISPs to implement first changes consumers won't see directly. Remember the old story about a frog stuck in a pot of water? The way to kill it is to slowly turn up the heat. You can expect ISPs to implement this approach in a post-net-neutrality world. (Yes, in this analogy we consumers are the frog, and the heat is higher internet prices.) Paid prioritization is one method consumers won't directly see. It forces content producers, and not ISPs, to raise prices on consumers. Make no mistake about where the money will go.

Consumers will likely see ISPs introduce tiered broadband services, with lower-priced service options that exclude video streaming content... spun as greater choice for consumers. (Some hotels in the United States already sell to their guests WiFi services with tiered content.) Also, expect to see more "sponsored data programs," where video content owned by your ISP doesn't count against wireless data caps. Read more about other possible changes.

Seems to me the 9th Circuit Appeals Court made the best of a bad situation. I look forward to the FTC doing an important job which the FCC chose to run away from. What do you think?

DuckDuckGo Introduces New Privacy Browser

Readers of this blog are familiar with DuckDuckGo, the popular search engine for privacy which doesn't track you nor maintain logs of your search queries. For even more online privacy, DuckDuckGo has has introduced a web browser mobile app for your smartphone or tablet. Benefits of this new browser app:

"1. Escape Advertising Tracker Networks: Our Privacy Protection will block all the hidden trackers we can find, exposing the major advertising networks tracking you over time, so that you can track who's trying to track you.
2. Increase Encryption Protection: We force sites to use an encrypted connection where available, protecting your data from prying eyes, like internet service providers (ISPs).
3. Search Privately: You share your most personal information with your search engine, like your financial, medical, and political questions. What you search for is your own business, which is why DuckDuckGo search doesn't track you. Ever.
4. Decode Privacy Policies — We’ve partnered with Terms of Service Didn't Read to include their scores and labels of website terms of service and privacy policies, where available."

The new browser app is available in both the iTunes and Google Play stores. The iPhone and iPad versions requires iOS version 9.0 or later. How it provides more privacy online:

"As you search and browse, the DuckDuckGo Privacy Browser shows you a Privacy Grade rating when you visit a website (A-F). This rating lets you see how protected you are at a glance, dig into the details to see who we caught trying to track you, and learn how we enhanced the underlying site's privacy measures. The Privacy Grade is scored automatically based on the prevalence of hidden tracker networks, encryption availability, and website privacy practices.

Our app provides standard browsing functionality including tabs, bookmarks, and autocomplete. In addition to strong Privacy Protection as described above, we also packed in some extra privacy features into the browser itself: a) Fire Button — Clear all your tabs and data with one tap; b) Application Lock: Secure the app with Touch ID or Face ID."

The Privacy Grade ratings reminds me of the warnings provided by the Privacy Badger add-on, which alerts consumers to the tracking mechanisms used by sites, and provides consumers finer control about which mechanisms to enable or disable at each site.

Burger King's Whopper Neutrality Ad. Sincere 'Net Neutrality' Support Or Slick Corporate Advertising?

If you haven't seen it, there is a Whopper Neutrality ad online by Burger King, explains net neutrality in a very easy-to-understand way. Blog post continues after the video:

A November, 2017 poll found that 52 percent of registered voters supported the current rules, including 55 percent of Democrats and 53 percent of Republicans. After that poll, the Commissioners at the FCC voted to killed net neutrality protections for consumers.

Some have questions whether the ad is sincere support of an issue consumers care about, or slick corporate advertising which capitalize on a hot topic. I like the ad. Anything that helps more consumers understand the issue, and what we've lost, is a good thing.

Another view of the ad by The Young Turks. Share your opinions below after the video:

Related posts about net neutrality:

• Telecoms Fired Workers After Lobbying For, And Getting, Tax Cuts And Net Neutrality Repeal
• Net Neutrality: Massachusetts Joins Multi-State Lawsuit Against FCC. What Next?
• FCC Action To Kill Net Neutrality Will Likely Hurt Public Libraries, The Poor, And The Disabled
• Was Your Identity Information Misused To Submit Fake Comments To The FCC About Net Neutrality?
• Futurism: Your Life Without Net Neutrality Protections
• 'Tens Of Thousands' Of Fake Comments Submitted. New York State Attorney General Demands Answers From the FCC
• The Bogus Claims By Broadband Providers And Their Allies About Net Neutrality

Telecoms Fired Workers After Lobbying For, And Getting, Tax Cuts And Net Neutrality Repeal

Last week, The Philadelphia Inquirer reported:

"Managers, supervisors, and direct sales people in Chicago, Florida, and other parts of Comcast’s Central region, mostly in the Midwest and Southeastern United States, were terminated around Dec. 15... More than 500 sales employees were terminated, company sources said... Comcast has not reorganized the direct sales forces and approach in the company’s two other big divisions, which include Pennsylvania, New Jersey, and Delaware. Comcast/NBCUniversal employs about 159,000.

In late December, Comcast announced that it would hand out $1,000 bonuses to full-time employees, in response to the Trump tax cut that will slash its corporate tax rate. The fired employees will be eligible for a “$1,000 supplemental severance payment,” Comcast said... Comcast direct sales employees earned $50,000 to $100,000 through a low base salary and commissions, the terminated employee said. The commissions ranged between roughly $75 for a new Internet Plus customer to $350 for a new customer who ordered a triple-play package with home security, the former employee said. Internet Plus is a package of television and broadband services..."

Reportedly, fired employees received severance pay only if they accepted non-disclosure agreements. Also, Comcast fired about 405 workers in Georgia.

Context matters. Earlier this week, Vox reported in December before the tax bill was passed:

"... the prospect for a deal on tax reform looking promising, lobbying reached a pinnacle this year, with 2,065 groups pushing their cause, according to reports published by the nonpartisan Center for Responsive Politics. The efforts are employing more than 6,000 lobbyists, the nonpartisan Public Citizen counted. The four organizations that reported the most lobbying activity on tax issues so far this year are Fortune 500 companies with a huge stake in the outcome: Comcast, Microsoft, Altria Group (formerly Philip Morris), and NextEra Energy."

Many politicians have repeated claims that tax cuts will create new jobs, and that repeal of net neutrality rules would encourage investment by ISPs. And, after the U.S. Federal Communications Commission (FCC) voted in December to repeal existing net neutrality rules, Comcast issued this statement:

"We commend Chairman Pai for his leadership and FCC Commissioners O’Reilly and Carr for their support in adopting the Restoring Internet Freedom Order, returning to a regulatory environment that allowed the Internet to thrive for decades by eliminating burdensome Title II regulations and opening the door for increased investment and digital innovation. Today’s action does not mark the ‘end of the Internet as we know it;’ rather it heralds in a new era of light regulation that will benefit consumers."

So, let's summarize events. After receiving two huge benefits (e.g., tax cuts, repeal of net neutrality rules), Comcast immediately terminated workers. Ars Technica asked Comcast why they fired workers when tax cuts were supposed to create new jobs:

"... Comcast gave us this statement but offered no further details: "Periodically, we reorganize groups of employees and adjust our sales tactics and talent. This change in the Central Division is an example of this practice and occurred in the context of our adding hundreds of frontline and sales employees. All these employees were offered generous severance and an opportunity to apply for other jobs at Comcast." "

One of the claims by corporate ISPs and by FCC Chairman Ajit Pai has been that net neutrality rules killed infrastructure investments by telecoms. Ars analyzed this claim:

"The firings happened around December 15. On December 20, Comcast announced that, because of the pending tax cut and recent repeal of net neutrality rules, it would give "special bonuses" of $1,000 to more than 100,000 employees and invest more than $50 billion in infrastructure over the next five years. "With these investments, we expect to add thousands of new direct and indirect jobs," Comcast said at the time.

We examined Comcast's investment claims in an article on December 21. As it turns out, Comcast's annual investments already soared during the two-plus years that net neutrality rules were on the books, and the $50 billion amount could be achieved if those investments simply continued increasing by a modest amount."

So, a few workers received bigger bonuses while others lost their jobs. And, it is worse. AT&T fired about 700 workers after promising to increase investments by $1 billion of Congress passed the tax cuts bill. Congress did, and AT&T didn't wait to terminate workers.

One can conclude:

1.  The investment claims, by ISPs and advocates of repealing net neutrality rules, were bogus,
2. Voters either didn't pay attention or were duped by claims that net neutrality rules killed investments by telecoms,
3. Voters were duped during the 2016 election into believing claims that tax cuts would create jobs,
4. Voters accepted these job-creation promises without demanding any guarantees, and
5. Tax cuts are being used to reward employees and managers with bigger bonuses.

The bigger bonuses are great, if you have a job. Regardless, we now see the results: tax cuts help companies and fewer jobs hurt workers. Repeal of net neutrality rules will hurt public libraries, the poor, and disabled persons. And, there's more to come as ISPs roll out their revised broadband services (with higher prices) without net neutrality rules.

Yes, this stinks. What do you think? Is this what you expected?

U.S. Senate Moves Closer To Vote On Net Neutrality

Yesterday, The Hill reported:

"A Senate bill that would reverse the Federal Communications Commission’s (FCC) decision to repeal net neutrality received its 30th co-sponsor on Monday, ensuring it will receive a vote on the Senate floor. Senator Claire McCaskill (D-Mo.) announced her support for the bill on Twitter, putting it over the top of a procedural requirement to bypass committee approval.

The bill, which is being pushed by Senator Ed Markey (D-Mass.), would use Congress’s authority under the Congressional Review Act (CRA) to reverse the FCC’s rollback of its popular net neutrality rules... Under the CRA, if a joint resolution of disapproval bill has enough support it can bypass committee review and be fast-tracked to a floor vote... Lawmakers have 60 legislative days after the FCC submits its regulations to Congress to pass the CRA. The repeal order is currently awaiting approval from the Office of Management and Budget.

With Republicans in control of both the House and Senate, the bill faces long odds to win the simple majorities it needs to reach the president’s desk."

In The News: Net Neutrality And I've Been Mugged Blog

On Sunday, December 17, 2017, WERS Radio (88.9 FM), a college radio station in Boston, broadcast on Sunday an interview about net neutrality. The persons interviewed included myself and Nina Vyedin, of Indivisible Somerville.

You can listen to the interview on SoundCloud. The interviewer, Jonathon House, and I met during the December 7th demonstration in Boston to save net neutrality protections for consumers.

Related posts:

• Net Neutrality: Massachusetts Joins Multi-State Lawsuit Against FCC. What Next?
• FCC Action To Kill Net Neutrality Will Likely Hurt Public Libraries, The Poor, And The Disabled
• Was Your Identity Information Misused To Submit Fake Comments To The FCC About Net Neutrality?
• Futurism: Your Life Without Net Neutrality Protections
• 'Tens Of Thousands' Of Fake Comments Submitted. New York State Attorney General Demands Answers From the FCC
• The Bogus Claims By Broadband Providers And Their Allies About Net Neutrality
• FCC Says Denial-Of-Service Attacks Caused Its Site To Crash Sunday Morning

Net Neutrality: Massachusetts Joins Multi-State Lawsuit Against FCC. What Next?

The Attorney General (AG) for the Commonwealth of Massachusetts is suing the U.S. Federal Communications Commission (FCC) after the FCC voted on December 14th to repeal existing net neutrality rules protecting consumers. Maura Healey, the Massachusetts AG, announced that her office has joined a multi-state lawsuit with the New York State AG:

"... joined New York Attorney General Eric T. Schneiderman in announcing that they will be filing a multi-state lawsuit against the Federal Communications Commission (FCC) over its vote to rollback net neutrality protections...The FCC recently issued a proposed final order rolling back net neutrality protections and on December 14th, voted 3-2 on party lines to implement the final order. On December 13th, AG Healey joined a coalition of 18 attorneys general in sending a letter to the FCC after reports emerged that nearly two million comments submitted in support of the agency were fake."

AG Healey said about the multi-state lawsuit:

"With the FCC vote, Americans will pay more for the internet and will have fewer options... The agency has completely failed to justify this decision and we will be suing to stand up for the free exchange of ideas and to keep the American people in control of internet access."

The December 13th letter to the FCC about fake comments was signed by AGs from California, District of Columbia, Delaware, Hawaii, Iowa, Illinois, Kentucky, Massachusetts, Maryland, Maine, Mississippi, North Carolina, Oregon, Pennsylvania, Rhode Island, Virginia, Vermont, and Washington. The AGs' letter stated, in part:

"One of the most important roles that we perform is to prosecute fraud. It is a role we take extremely seriously, and one that is essential to a fair marketplace... The ‘Restore Internet Freedom’ proposal, also known as net neutrality rollback (WC Docket No. 17- 108) has far-reaching implications for the everyday life of Americans... Recent attempts by New York Attorney General Schneiderman to investigate supposed comments received by the FCC have revealed a pattern of facts that should raise alarm bells for every American about the integrity of the democratic process. A careful review of the publicly available information revealed a pattern of fake submissions using the names of real people. In fact, there may be over one million fake submissions from across the country. This is akin to identity theft on a massive scale – and theft of someone’s voice in a democracy is particularly concerning.

As state Attorneys General, many of our offices have received complaints from consumers indicating their distress over their names being used in such a manner. While we will investigate these consumer complaints through our normal processes, we urge the Commission to take immediate action and to cooperate with law enforcement investigations. Woven throughout the Administrative Procedures Act is a duty for rulemakers to provide information to the public and to listen to the public. We know from advising our rulemakers at the state level that listening to the public provides insights from a diversity of viewpoints. But, if the well of public comment has been poisoned by falsified submissions, the Commission may be unable to rely on public comments that would help it reach a legitimate conclusion to the rulemaking process. Or, it must give less weight to the public comments submitted which also undermines the process..."

The FCC ignored the AGs' joint letter about fraud and proceeded with its net-neutrality vote on December 14. FCC Chairman Ajit Pai had blown off the identity theft and fraud charges as maneuvers by desperate net neutrality advocates.

California AG Xavier Becerra said:

"... the FCC failed to do what is right... The FCC decided that consumers do not deserve free, open, and equal access to the internet. It decided to ignore the millions of Americans who voiced their strong support for our existing net neutrality rules. Here in California – a state that is home to countless start-ups and technology giants alike – we know that a handful of powerful companies should not dictate the sources for the information we seek..."

Residents in some states can use special sites to notify their state's AG about the misuse of their identity data in fake comments submitted to the FCC: Pennsylvania, New York.

The FCC under Chairman Pai seems to listen and respond to the needs of corporate internet service providers (ISPs), and not to consumers. A November 21 - 25 poll found that 52 percent of registered voters support the current rules, including 55 percent of Democrats and 53 percent of Republicans.

While that is down from prior polls, a majority support net neutrality rules. A poll by Mozilla and Ipsos in June, 2017 found overwhelming support across party lines: 76% of Americans, 81% of Democrats, and 73% of Republicans favor keeping net neutrality rules. The poll included approximately 1,000 American adults across the U.S. with 354 Democrats, 344 Republicans, and 224 Independents.

Before the FCC affirmed net neutrality rules in 2015, a poll by the Center for Political Communication at the University of Delaware in 2014 found strong and widespread support:

"... About 81 percent of Americans oppose allowing Internet providers like Comcast and Verizon to charge Web sites and services more if they want to reach customers more quickly... Republicans were slightly more likely to support net neutrality than Democrats. 81 percent of Democrats and 85 percent of Republicans in the survey said they opposed fast lanes."

Experts have debated the various ways of moving forward after the December 14th FCC vote. Wired reported:

"Most immediately, the activity will move to the courts... The most likely argument: that the commission’s decision violates federal laws barring agencies from crafting “arbitrary and capricious” regulations. After all, the FCC’s net neutrality rules were just passed in 2015... as capricious as the current FCC's about-face may seem, legal experts say the challenges won’t be a slam-dunk case. Federal agencies are allowed to change their minds about previous regulations, so long as they adequately explain their reasoning... The FCC's main argument for revoking the 2015 rules is that the regulations hurt investment in broadband infrastructure. But, as WIRED recently detailed, many broadband providers actually increased their investments, while those that cut back on spending told shareholders that the net neutrality rules didn't affect their plans. University of Pennsylvania Law School professor Christopher Yoo says courts generally defer to an agency's expertise in interpreting evidence submitted into the record... net neutrality advocates could also argue that the agency's decision-making process was corrupted by the flood of fake comments left by bots. But FCC Chair AJit Pai will argue that the agency discarded low-quality and repeated comments and focused only on matters of substance... A long-term solution to net neutrality will require Congress to pass laws that won't change every time control of the White House passes to another party... Senator John Thune (R-South Dakota) recently called for Congress to pass bipartisan net neutrality legislation. In 2015, Thune and Representative Fred Upton (R-Michigan) introduced a bill that would have banned blocking or slowing legal content, but limited the FCC's authority over internet service providers. It never moved forward. Thune is clearly hoping that growing demand from the public for net neutrality protections will bring more Republicans to the table... Senator Ron Wyden (D-Oregon) told WIRED earlier this year that he won't support a bill with weaker protections than the 2015 rules..."

President Trump appointed Pai as FCC Chairman in January, giving the Republican commissioners at the FCC a voting majority. Neither the President nor the White House staff said anything in its daily e-mail blast or in their website about the FCC vote; and instead discussed tax reform, general remarks about reducing regulation, and infrastructure (e.g., roads, bridges, tunnels).

Seems to me the internet is a key component of our country's infrastructure. What are your opinions? If your state isn't in the above list, we'd like to hear from you, too.

FCC Action To Kill Net Neutrality Will Likely Hurt Public Libraries, The Poor, And The Disabled

Jim Neal, the president of the American Library Association, released a statement condemning the December 14th vote by the Republican-led U.S. Federal Communications Commission (FCC) to kill net neutrality protections for internet users:

"The majority of the FCC has just dealt a blow to equitable access to online information and services which puts libraries, our patrons, and America’s communities at risk... By rolling back essential and enforceable net neutrality protections, the FCC has enabled commercial interests at the expense of the public who depends on the internet as their primary means of information gathering, learning, and communication. We will continue to fight the FCC’s decision and advocate for strong, enforceable net neutrality protections."

The Verge interviewed New York Public Library (NYPL) president Tony Marx, and Greg Cam the NYPL director of information policy. During 2017, the NYPL provided 3.1 million computer sessions across all branches (using 4,700 computers), plus 3 million wireless sessions. Based upon that activity, Marx said:

"... the simple fact is that the poorest of New York rely on the library as the only place they can go and get free use of computers and free Wi-Fi. It’s one of the reasons why the library is the most visited civic institution in New York. We have also, in recent years, been lending people what we call hot spots, which are Wi-Fi boxes they can take home, typically for a year. That gives them digital access at home — broadband access — which something like 2 million New Yorkers can’t afford and don’t have..."

And, New York City is one of the more prosperous areas of the country. It makes one wonder how citizens in poor or rural areas; or in areas without any public libraries will manage. Disabled users will also be negatively affected by the FCC vote. Marx explained:

"... the New York Public Library runs the Andrew Heiskell Library for the visually impaired. I believe it is a three-state depository, so it plays a role in getting access in all the ways you described — not just in New York City but way beyond. A lot of that now happens online and it could simply stop working, which means they’re gonna cut people off completely."

Cram explained the wide range of tasks people use the internet for at public libraries:

"Our users depend on the library, and libraries in general, for things like completing homework assignments, locating e-government resources, e-government services, accessing oral histories and primary source materials. Things that are resource-intensive like video and audio and image collections are dependent on a free and open internet. Also things like applying and interviewing for jobs. More and more jobs involve a first round of interviews that are done over the internet. If we have to put things in the slow lane, we’re worried about those interview services being downgraded."

"Slow lanes" are one of about five possible consequences by the FCC decision to kill net neutrality. Marx summarized the concerns of many library managers:

"We live in a world where access to information is essential for opportunity, for learning, for success, for civic life, for checking facts. Anything that reduces that, particularly for people who can’t afford alternatives, is a body blow to the basic democratic principles that the library stands for. Whether people or the library are shoved to the slow lane, and/or forced to pay to be in the fast lane with resources that are already stretched thin, is really sort of shocking. To put it sort of bluntly, the FCC should be defending communications."

Basically, internet access is a utility like water or electricity; something corporate providers have long denied and fought. Everyone needs and uses broadband internet. What are your opinions?

[Editor's addendum: for the latest information, visit the Guide to New York Libraries.]

Doug Jones Wins In Alabama, Net Neutrality, And The FCC

[7:30 am EST] Congratulations to Doug Jones and his supporters for a stunning victory Tuesday in a special election in Alabama for the open U.S. Senate seat. His victory speech is available online. Late last month, Doug Jones tweeted this:

I strongly support #NetNeutrality and believe every Alabamian should have access to a free and open internet.https://t.co/3XZ9ikWGaa

— Doug Jones (@GDouglasJones) November 28, 2017

Later today, the commissioners at the U.S. Federal Communications Commission (FCC) will likely vote during their December 2017 Open Commission Meeting to kill net neutrality rules protecting consumers free and open internet access. The planned vote comes despite clear and mounting evidence of widespread identity theft by unknown persons to submit fake comments distorting and polluting FCC record and website soliciting feedback from the public.

Yesterday, FCC Commissioner Jessica Rosenworcel released the following press release:

"Upon receipt of a letter from New York Attorney General Eric Schneiderman stating that it now appears that two million Americans’ identities may have been misused in the FCC record and a separate letter from 18 State Attorneys General calling on the FCC to delay its net neutrality vote because of its “tainted” record, FCC Commissioner Jessica Rosenworcel released the following statement:

“This is crazy. Two million people have had their identities stolen in an effort to corrupt our public record. Nineteen State Attorneys General from across the country have asked us to delay this vote so they can investigate. And yet, in less than 24 hours we are scheduled to vote on wiping out our net neutrality protections. We should not vote on any item that is based on this corrupt record. I call on my colleagues to delay this vote so we can get to the bottom of this mess.” "

Despite the widespread identity theft and fraud, FCC Chairman Ajit Pai has maintained his position to proceed with a vote today to kill net neutrality protections for consumers. President Trump appointed Pai as FCC Chairman in January, giving the Republican commissioners a majority when voting. Pai has blown off the identity theft and fraud charges as maneuvers by desperate net neutrality advocates.

[Update at 2:20 pm EST: earlier today, the FCC commissioners voted along party lines to kill existing net neutrality rules protecting consumers.]

Was Your Identity Information Misused To Submit Fake Comments To The FCC About Net Neutrality?

After creating a webpage specifically to help New York State residents determine if their identifies were misued for net neutrality comments, Attorney General Schneiderman announced:

"In the last five days alone, over 3,200 people have reported misused identities to the Attorney General’s office, including nearly 350 New Yorkers from across the state. Attorney General Schneiderman urges New Yorkers to continue to check whether their identity was misused and report it to his office in order to inform the investigation."

The webpage automatically links to only net neutrality (Docket 17-108) comments with the U.S. Federal Communications Commission (FCC)  site. So, at least 3,200 persons have confirmed the misuse of their identity information by unknown persons (or bots) to pollute feedback by the public about net neutrality rules protecting consumers' broadband freedoms. You'd think that FCC Chairman Ajit Pai would be concerned about the pollution and fraud; and would delay the upcoming December 14th vote regarding net neutrality. But he's not and blew off the fake comments allegations, as explained in this earlier blog post.

You might think that Chairman Pai and the FCC would be concerned about pollution and fraud in feedback submitted to the FCC site, given the massive Equifax data breach in September which exposed the data elements (e.g., name, street addresses) criminals and fraudsters could easily use to submit fake comments.

This makes one wonder if the FCC can be trusted under Chairman Pai's leadership. Hopefully, Attorneys General in other states will provide similar webpages to help residents in their states... and not only for comments about net neutrality.

Being curious, I visited the webpage by AG Schneiderman. It instructed:

"The Office of the New York State Attorney General is investigating whether public comments regarding net neutrality rules wrongfully used New Yorkers’ identities without their consent. We encourage you to search the FCC’s public comment website and tell us if you see any comments that misuse your name and address.

First, search below to find any comments that may have misused your identity. If results appear, click on any comment that uses your name, and when the comment appears review the name, the address, and the comment text. (If no results appear, your identity most likely was not misused.)"

You don't need to be a New York State resident to use this online tool. My initial search produced 1,046, so I narrowed it by entering my name in quotations ("George Jenkins") for a more precise match. That second search produced 40 comments about net neutrality (e.g., Docket 17-108), a manageable number. I browsed the list which included my valid comment submitted during May, 2017.

I did not see any other comments using my name and address. That's good because I only submitted one comment. I noticed comments by persons with the same name in other states. That seems okay. It's reasonable to expect multiple persons with the same name in a country with a population of about 360 million people.

I did not check the addresses of the other persons with the same name. I realize that could easily hide synthetic ID-theft. In traditional synthetic ID-theft, criminals mix stolen (valid) Social Security numbers with other persons' names to avoid detection. In the ECFS comments system, one could enter valid names with fake addresses; or vice-versa. I hope that AG Schneiderman's fraud analysis also checks for both types of synthetic ID-theft: 1) fake names at real addresses, and 2) real names at fake addresses.

If I had found fraudulent entries, I would have notified AG Schneiderman, the Attorney General's office in the state where I live, and the FCC.

Did you check for misuse of your identity information? What did you find?

Photos: December 7 Demonstration In Boston To Keep Net Neutrality

Demonstrations occurred nationwide on December 7 to save net neutrality. Citizens took to the streets to keep our internet services open. About 200 persons attended the demonstration in Boston on Boylston Street. It was encouraging to meet several students from local universities participating in the event. They understand the issue and its seriousness. Several A.C.L.U. members also participated:

Browse photos from other demonstrations nationwide on December 7. Contact your elected officials in Congress, and learn about the next day of action on December 12, 2017. More resources:

• Futurism: Your Life Without Net Neutrality Protections
• 'Tens Of Thousands' Of Fake Comments Submitted. New York State Attorney General Demands Answers From the FCC
• The Bogus Claims By Broadband Providers And Their Allies About Net Neutrality
• Loss Of Net Neutrality Could Hurt Rural America
• Net Neutrality Needs You As Much As You Need It
• The Loss Of Net Neutrality Threatens Access To Telemedicine
• What Is Net Neutrality?

Futurism: Your Life Without Net Neutrality Protections

You've probably heard that Ajit Pai, the Chairman of the U.S. Federal Communications Commission (FCC), is leading his agency towards a vote on December 14, 2017 to kill net neutrality. How will consumers' online lives change? Futurism described what your online life will be like without net neutrality:

"You’re at work and want to check Facebook on your lunch break to see how your sister is doing. This is not exactly a straightforward task, as your company uses Verizon. You’re not about to ask your boss if they’d consider putting up the extra cash every month so that you can access social media in the office, so you’ll have to wait until you get home.

That evening, you log in to pay your monthly internet bill — or rather, bills.

See, there’s the baseline internet cost, but without net neutrality, you also have to pay a separate monthly fee for social media, another for "leisure" pages like Reddit and Imgur, and another still for liberal-leaning news sites — because your provider’s CEO is politically conservative. Not only is your bill confusing, you’re not sure you can really afford to access all these websites that, at one point in time, you took for granted.

In addition to the sites you can access if you pay for them, there are also websites that have just become lost to you. Websites that you once frequented, but that now, you aren’t even sure how to access anymore. You can’t even pay to access them. You used to like reading strange Wikipedia articles late at night and cruising for odd documentaries — but now, all those interests that once entertained and educated you in your precious and minimal free time are either behind yet another separately provided paywall or blocked entirely. You’ve started to ask around, see if your friends or coworkers with other providers have better access... but the story is pretty much always the same."

In short, without net neutrality:

1. You will lose the freedom to use the internet bandwidth you've purchased monthly as you desire;
2. Corporate internet service providers (ISPs) increase their their revenues and profits by adding tolls to each package in a sliced-and-diced approach to internet content;
3. Your internet bill will become just as confusing, frustrating, and expensive as your cable-TV bill, where ISPs force you to buy several expensive packages of sites in order to access your favorite sites;
4. The new, expensive tolls allow ISPs to decide what internet content you see and don't see. Sites or content producers unwilling to pay fees to ISPs will find their content blocked or relegated to "slow" speed lanes; and
5. Both middle-class and poor online users will bear the brunt of the price increases.

If you think this can't happen in the United States, consider:

"Some countries are already living this reality. In New Zealand, Vodafone offers mobile internet packages that are comprised of different types of services. You might have to pay a certain amount to access social apps like Snapchat and Instagram, and a separate fee to chat with friends via Facebook Messenger and iMessage. A similar framework is used by Portugal’s MEO, where messaging, social media, music streaming, video streaming, and email are also split into separate packages.

Long ago, FCC Chairman Pai made his position clear. Breitbart News reported on April 28, 2017:

"Federal Communications Commission (FCC) Chairman Ajit Pai told Breitbart News in an exclusive interview that an open and free internet is vital for America in the 21st century. During a speech at the Newseum on Wednesday, Pai said he plans to roll back the net-neutrality regulations and to restore the light-touch regulatory system established by President Bill Clinton and Congressional Republicans by the 1996 Telecommunications Act... Chairman Pai said during his speech that the internet prospered before net neutrality was enacted... Breitbart News asked the FCC chief why he thinks that net neutrality is a problem, and why we must eliminate the rule. He said: "Number one there was no problem to solve, the internet wasn’t broken in 2015. In that situation, it doesn’t seem me that preemptive market-wide regulation is necessary. Number two, even if there was a problem, this wasn’t the right solution to adopt. These Title II regulations were inspired during the Great Depression to regulate Ma Bell which was a telephone monopoly. And the broadband market we have is very different from the telephone market of 1934. So, it seems to me that if you have 4,462 internet service providers and if a few of them are behaving in a way that is anti-competitive or otherwise bad for consumer welfare then you take targeted action to deal with that. You don’t declare the entire market anti-competitive and treat everyone as if they are a monopolist. Going forward we are going to propose eliminating that Title II classification and figure out the right way forward. The bottom line is, everyone agrees on the principles of a free and open internet what we disagree with is how many regulations are needed to preserve the internet." "

Note the language. Pai uses "free and open internet" to refer to freedoms for ISPs to do what they want; a slick attempt to co-opt language net neutrality proponentsused for freedoms for consumers go online where they want without additional fees. Pai's "Light touch" means fewer regulations for ISPS regardless of the negative consequences upon consumers. Pai's comments in April attempted to spin existing net neutrality laws as antiquated ("the telephone market of 1934"), when, in fact, net neutrality was established recently... in 2010. Even the same Breitbart News article admitted this:

"Net neutrality passed under former Democrat Tom Wheeler’s FCC in 2010."

Pai's exaggerations and falsehoods are astounding. Plenty of bogus claims by Pai and net neutrality critics. In January of this year, President Donald Trump appointed Ajit Pai, a former lawyer with Verizon, as the FCC Chairman. Earlier this year, CNN reported:

"More than 1,000 startups and investors have now signed an open letter to Pai opposing the proposal. The Internet Association, a trade group representing bigger companies like Facebook, Google, and Amazon, has also condemned the plan. "The current FCC rules are working for consumers and the protections need to be kept in tact," Michael Beckerman, president and CEO of the Internet Association, said at a press conference Wednesday."

Regular readers of this blog are aware that more than "a few" ISPs committed abused consumers and content producers. (A prior blog post listed many historical problems and abuses of consumers by some ISPs.) Also, consider this: Pai made his net-neutrality position clear long before the public submitted comments to the FCC this past summer. Sounds like he never really intended to listen to comments from the public. Not very open minded.

As bad it all of this sounds, it's even worse. How? An FCC Commissioner, 28 U.S. senators, and the New York State Attorney General (AG) have lobbied FCC Chairman Pai to delay the net neutrality vote planned by the FCC on December 14, due to clear and convincing evidence of the massive fraud of comments submitted to the FCC's online commenting system.

In short, the FCC's online comments system is corrupted, hacked, and unreliable. The group (e.g., FCC commissioner, 28 Senators, and NY State AG) also objects to the elimination of net neutrality on the merits.

The fraud evidence is pretty damning, but Chairman Pai seems intent upon going ahead with a vote to kill net neutrality despite the comments fraud. Why? How? Ars Technica reported on December 4th:

"FCC Chairman Ajit Pai says that net neutrality rules aren't needed because the Federal Trade Commission can protect consumers from broadband providers... When contacted by Ars, Pai's office issued this statement in response to the [delay request] letter: "This is just evidence that supporters of heavy-handed Internet regulations are becoming more desperate by the day as their effort to defeat Chairman Pai's plan to restore Internet freedom has stalled. The vote will proceed as scheduled on December 14."

I find the whole process deeply disturbing. First, only 28 U.S. Senators seem concerned about the massive comments fraud. Why aren't all 100 concerned? Second, why aren't any House members concerned? Third, President Trump hasn't said anything about it. (This makes one wonder if POTUS45 either doesn't care consumers are hurt, or is asleep at the wheel.) Elected officials in positions of responsibility seem willing to ignore valid concerns.

Many consumers are concerned, and protests to keep net neutrality are scheduled for later today outside Verizon stores nationwide. What do you think?

'Tens Of Thousands' Of Fake Comments Submitted. New York State Attorney General Demands Answers From the FCC

Just before the Thanksgiving holiday, the attorney general for the New York State sent an open letter to the U.S. Federal Communications Commission (FCC) about fake comments submitted to the agency's online comments system. Eric T. Schneiderman directed his letter to FCC Chairman Ajit Pai. It read in part:

"Recent press reports suggest that the Federal Communications Commission (FCC), under your leadership, soon will release rules to dismantle your agency’s existing “net neutrality” protections under Title II of the Communications Act, which shield the public from anti-consumer behaviors of the giant cable companies that provide high-speed internet to most people... Yet the process the FCC has employed to consider potentially sweeping alterations to current net neutrality rules has been corrupted by the fraudulent use of Americans’ identities — and the FCC has been unwilling to assist my office in our efforts to investigate this unlawful activity.

Specifically, for six months my office has been investigating who perpetrated a massive scheme to corrupt the FCC’s notice and comment process through the misuse of enormous numbers of real New Yorkers’ and other Americans’ identities. Such conduct likely violates state law— yet the FCC has refused multiple requests for crucial evidence in its sole possession that is vital to permit that law enforcement investigation to proceed.

In April 2017, the FCC announced that it would issue a Notice of Proposed Rulemaking concerning repeal of its existing net neutrality rules. Federal law requires the FCC and all federal agencies to take public comments on proposed rules into account — so it is important that the public comment process actually enable the voices of the millions of individuals and businesses who will be affected to be heard. That’s important no matter one’s position on net neutrality, environmental rules, and so many other areas in which federal agencies regulate.

In May 2017, researchers and reporters discovered that the FCC’s public comment process was being corrupted by the submission of enormous numbers of fake comments concerning the possible repeal of net neutrality rules. In doing so, the perpetrator or perpetrators attacked what is supposed to be an open public process by attempting to drown out and negate the views of the real people, businesses, and others who honestly commented on this important issue. Worse, while some of these fake comments used made up names and addresses, many misused the real names and addresses of actual people... My office analyzed the fake comments and found that tens of thousands of New Yorkers may have had their identities misused in this way... Impersonation and other misuse of a person’s identity violates New York law, so my office launched an investigation... So in June 2017, we contacted the FCC to request certain records related to its public comment system that were necessary to investigate which bad actor or actors were behind the misconduct. We made our request for logs and other records at least 9 times over 5 months: in June, July, August, September, October (three times), and November.

We reached out for assistance to multiple top FCC officials, including you, three successive acting FCC General Counsels, and the FCC’s Inspector General. We offered to keep the requested records confidential, as we had done when my office and the FCC shared information and documents as part of past investigative work. Yet we have received no substantive response to our investigative requests. None."

According to an analysis by the New York State AG's office, "tens of thousands" of fraudulent comment were submitted affecting residents not only in New York but also in California, Georgia, Missouri, Ohio, Pennsylvania, and Texas. Clearly, this is both very troubling and unacceptable.

The FCC is supposed to accept comments without tampering and to weigh comments submitted by the public (e.g., consumers, businesses, technology experts, legal experts, etc.) equally to arrive at a decision based upon the majority of comments. If a sizeable portion of the comments submitted were fraudulent, then any FCC decision to kill net neutrality is (at best) both flawed and in error; and (at worst) illegal and undermines both the process and the public's trust.

AG Schneiderman's letter to the FCC is also available on the Medium site. It is most puzzling that the FCC and Chairman Pai have refused data requests since June. What are they hiding? The FCC must balance often competing needs of consumers and industry.

Consumers are very concerned about plans by the FCC to kill net neutrality. Consumers are concerned that their internet needs are not being addressed by the FCC, and that our monthly broadband costs will rise. There is so much concerns that protests are scheduled for December 7th outside Verizon stores. Killing net neutrality may be great for telecom and providers' profits, but it's bad for consumers.

Clearly, the FCC should not make any decisions regarding net neutrality, or any other business, until the fake comments allegations have been answered and resolved. And, an investigation should happen soon. As AG Schneiderman wrote:

"We all have a powerful reason to hold accountable those who would steal Americans’ identities and assault the public’s right to be heard in government rulemaking. If law enforcement can’t investigate and (where appropriate) prosecute when it happens on this scale, the door is open for it to happen again and again."

Democracy and consumers lose if the FCC kills net neutrality. What do you think?

Experts Find Security Flaw In Wireless Encryption Software. Most Mobile Devices At Risk

Researchers have found a new security vulnerability which places most computers, smartphones, and wireless routers at risk. The vulnerability allows hackers to decrypt and eavesdrop on victims' wireless network traffic; plus inject content (e.g., malware) into users' wireless data streams. ZDNet reported yesterday:

"The bug, known as "KRACK" for Key Reinstallation Attack, exposes a fundamental flaw in WPA2, a common protocol used in securing most modern wireless networks. Mathy Vanhoef, a computer security academic, who found the flaw, said the weakness lies in the protocol's four-way handshake, which securely allows new devices with a pre-shared password to join the network... The bug represents a complete breakdown of the WPA2 protocol, for both personal and enterprise devices -- putting every supported device at risk."

Reportedly, the vulnerability was confirmed on Monday by U.S. Homeland Security's cyber-emergency unit US-CERT, which had warned vendors about two months ago.

What should consumers do? Experts advise consumers to update the software in all mobile devices connected to their home wireless router. Obviously, that means first contacting the maker of your home wireless router, or your Internet Service Provider (ISP), for software patches to fix the security vulnerability.

ZDNet also reported that the security flaw:

"... could also be devastating for IoT devices, as vendors often fail to implement acceptable security standards or update systems in the supply chain, which has already led to millions of vulnerable and unpatched Internet-of-things (IoT) devices being exposed for use by botnets."

So, plenty of home devices must also be updated. That includes both devices you'd expect (e.g., televisions, printers, smart speakers and assistants, security systems, door locks and cameras, utility meters, hot water heaters, thermostats, refrigerators, robotic vacuum cleaners, lawn mowers) and devices you might not expect (e.g., mouse traps, wine bottles, crock pots, toy dolls, and trash/recycle bins). One "price" of wireless convenience is the responsibility for consumers and device makers to continually update the security software in internet-connected devices. Nobody wants their home router and devices participating in scammers' and fraudsters' botnets with malicious software.

ZDNet also listed software patches by vendor. And:

"In general, Windows and newer versions of iOS are unaffected, but the bug can have a serious impact on Android 6.0 Marshmallow and newer... At the time of writing, neither Toshiba and Samsung responded to our requests for comment..."

Hopefully, all of the Internet-connected devices in your home provide for software updates. If not, then you probably have some choices ahead: whether to keep that device or upgrade to better device for security. Comments?