Cancel Culture Is Techno Tyranny

Hyper partisan politics and our divided nation make it easier than ever to vilify anyone, any time, in any way.  In the words of Michael Corleone, “If anything in this life is certain, if history has taught us anything, it is that you can kill anyone.”

Used figuratively here, of course, but that is what cancel culture has wrought in today’s society.

While cancellation may seek to stifle speech, it causes social and economic destruction as well.  It projects permanence and public shame for its targets whether deserved or not.  And it promotes a kind of techno tyranny against which we all should be vigilant.

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Ending the Media Versus Police Tumult

Whatever happens with police reform legislation in Congress, there is no reason to expect that protection of reporters and media will figure into the proposed “best practices” of how journalists should be treated during tense and often violent situations such as we’ve seen in the past month.  Generalized protections already exist in the First Amendment, but as the brutal incidents of the past month show, law enforcement officers can recklessly bypass those enshrined barriers.

A slew of reports – some of them admittedly self-pitying – emerged in recent weeks with frightening details about how print and electronic journalists have been attacked by law enforcement officers.  It appears that sometimes reporters were singled out as they sought to cover the protests and demonstrations that erupted around the world after George Floyd’s death-by-knee in Minneapolis.

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Can Big Tech Be Reined In by Rules It Consistently Breaks?

Well informed observers of the tech industry have cautioned against two things: economic downturn and government regulation.  Each had a palpable sense of the inevitable – not a matter of if, but when.  As we enter 2020, the conditions for both are present, if not altogether ripe.

Dire predictions of a global recession have been hovering over the economy for several quarters.  But low interest rates, strong consumer spending, and investor confidence have kept the economy buoyant.  The new China trade deal and record-high NASDAQ belie economic woes.

If this election year turns out like others, the economy will hum along through the first two quarters, then decelerate as we head into November.  If an economic slowdown were to occur, it would owe as much to politics as to recessionary pressure.  And even that might recede if the president gets re-elected.

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The Challenge of Harnessing Change in a Global Economy

As the news media know better than anyone, the great story of our times is change – dramatic, accelerating, and often disruptive change.

The key question is whether our economy, our educational institutions, and our system of democratic self-government can harness this change for everyone’s benefit – or whether the tidal wave of change will overrun us.

To meet the challenges of change, we must think big and act boldly.  Our growing divisions, however – our self-selecting news bubbles, the tribalization of our politics, the noxious contempt each side has for the other – are making it harder to solve big problems.  The environment is certainly not conducive to serious dialogue or to constructive problem solving.

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The 5G Privacy Opportunity

The Federal Communications Commission announced on Sept. 16 that it would be granting experimental licenses for companies in New York City and Salt Lake City to test new advanced technologies and networks in specific geographic areas.

This initiative, dubbed Innovation Zones, will be especially useful in testing various technologies in real-world settings that will support 5G wireless networks.  These networks will offer a range of advanced wireless services nationwide, with initial rollout in urban centers where spatial and population density makes technical and economic sense.

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Don’t Let Huawei Control 5G

President Trump has taken a firm stand against Huawei, the Chinese telecom behemoth – and for good reason.  Huawei is not your garden-variety Chinese company in the same vein as Tencent, Alibaba, or Baidu.  By many credible accounts, Huawei is a corporate extension of the Chinese government, replete with Beijing back channels and generous government support. 

In a report released by the U.S. Permanent Select Committee on Intelligence back in 2012, Huawei and ZTE Corp., another Chinese company, were described as potential threats to U.S. security interests precisely because of Chinese government involvement.  Last month, the U.S. Navy reported it was under intense “cyber-siege” by Chinese hackers.  These follow a litany of allegations that have Huawei engaged in spying, commercial espionage, and intellectual property theft over many years.

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Broadcasting Today: Energized by Innovation

There is a saying that goes, “Everybody has a story to tell.”

My own NAB Show story began a decade ago – almost to this day, in fact – when I spoke at my first show as the new president and CEO.  On that morning, I shared the story of broadcasters’ unrelenting commitment to always be there for their communities … to inform them … and to help them.

It is a deep-rooted commitment that manifests itself in many ways that often go unnoticed – in ways that have become ingrained in everyday life for millions of Americans.

Our communities turn on the radio to find out what the weather is like before heading to work … to learn how to help their neighbors in need … or to listen to the great personalities who seem like old friends.  They turn on their televisions to watch their favorite local news anchor and to get an unbiased report of what is happening in their communities.

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The Continuing Leadership of the U.S. in Global Net Vitality

Regardless of your political leanings, the just-released report by the Telecommunications Research and Policy Institute shows that with regard to the global broadband Internet ecosystem, there is no need to Make America Great Again.  That’s because the U.S. leadership role in this field remains well established, as documented in the study that I authored – “Net Vitality 2.0: Identifying the Top–Tier Global Broadband Leaders – The Net Vitality Index In Detail” (available at trpiresearch.org).

This is the only evidence-based analysis that compares countries on an apples-to-apples basis, based on four essential elements that work together seamlessly to create the Internet’s vitality that we rely on in virtually every aspect of our daily lives.  These are (1) applications and content; (2) devices; (3) networks; and (4) innovation and competitiveness indicators.  Omit one of these elements from the internet equation and the value of the Net to all of us would be greatly diminished.

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The Enduring Threat of Net Neutrality

The whole aim of practical politics is to keep the populace alarmed (and hence clamorous to be led to safety) by menacing it with an endless series of hobgoblins, all of them imaginary. – H.L. Mencken

No regulatory issue in memory has been quite like that of “net neutrality.” A solution in search of a problem, bankrolled and of early and particular economic benefit to two companies, and a regulation that threatens to give government sway over an industry where it had none before, network neutrality by regulation defies logic, history, and the way the world works. Other than that it’s one terrific idea.

Net neutrality was conjured up by an alliance of left-wing activists, Democratic commissioners of the FCC, and certain Internet companies and their trade associations. The regulations that followed have been on a devolutionary path, such that what was merely bad (net neutrality under Title I) became, in 2015, very much worse – net neutrality under Title II. Continue reading “The Enduring Threat of Net Neutrality”

Electronic Privacy Needs ICPA Update

Privacy advocates won an important victory in July when a federal appeals court ruled to limit the access of the U.S. government to individuals’ e-mail accounts.

The U.S. Court of Appeals for the Second Circuit said the federal government did not have the authority to issue search warrants for persons’ e-mails stored on servers outside the United States.  The case was brought by Microsoft Corp. in response to a warrant that would’ve compelled Microsoft to turn over customer e-mails stored on a server it maintained in Ireland.  The court affirmed that the Stored Communications Act (part of the broader Electronic Communications Privacy Act of 1986) did not give the government such powers outside U.S. territory.

This was a key judicial ruling to be sure. But it points up the increasingly urgent need for Congress to update that 1986 ECPA legislation to reflect the realities of today’s global digital environment.

Such legislative efforts have been initiated in recent years, only to languish in committee.  The most notable example was the Law Enforcement Access to Data Stored Abroad (or “LEADS”) Act, introduced in February 2015.

Writing about the LEADS Act when it was introduced, attorney Kurt Wimmer noted in an issue paper for The Media Institute that “cloud computing” as we know it today did not exist when the ECPA was enacted in 1986.  “Our current storage habits for digital records are precisely the opposite of the habits that existed in 1986, when ECPA was adopted,” he wrote.  And so it remains today.

However, there is new hope on the horizon.  On May 25, Reps. Tom Marino (R-Pa.) and Suzan DelBene (D-Wash.) introduced the International Communications Privacy Act (ICPA).  Senators Orrin Hatch (R-Utah), Chris Coons (D- Del.), and Dean Heller (R-Nev.) introduced identical legislation in the Senate.  These bills (H.R. 5323 and S. 2986) follow in the footstep of the LEADS Act in seeking to establish a rule of law for lawful access to data in the global environment.

Reps. Marino and DelBene (who had also introduced the LEADS Act) said in a statement:

“We were pleased that the LEADS Act gained such widespread support with more than 130 cosponsors in the House.  ICPA improves upon this effort by broadening industry recognition, and we believe it will earn an even greater backing from our colleagues in Congress.  This bill guarantees that users of technology have confidence that their privacy rights will be protected by due process while simultaneously ensuring law enforcement agencies have necessary access to information through a clear, legal framework to keep us safe.”

The bill stipulates that U.S. law enforcement could obtain warrants for the electronic information of U.S. persons physically located in the United States, or nationals of foreign countries that have a Law Enforcement Cooperation Agreement with the United States, provided the country does not object to the disclosure.  Thus, the ICPA would maintain the sovereignty of nations in protecting information stored within their borders.

By clarifying the rules surrounding the release of electronic information, the ICPA would not only protect individual privacy but would also improve the competitive posture of American companies doing business in the global digital economy.  Cloud computing will continue to revolutionize everything from newsgathering and financial transactions to the Internet of Things as the future of business migrates ever more rapidly to the cloud.  The rules governing privacy and the protection of information in that space need to be clear.

Updating the ECPA with the International Communications Privacy Act would reflect today’s reality of cloud computing and provide the legal framework needed to protect the privacy of individuals, support law enforcement, and promote a competitive environment for American companies.  Congress can’t afford to let this one languish.