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Communications

Net Neutrality is About To Make a Comeback (theverge.com) 38

The Federal Communications Commission is set to vote to restore net neutrality on Thursday in the latest volley of a yearslong game of political ping-pong. From a report: The commission is expected to reclassify internet service providers (ISPs) -- e.g., broadband companies like AT&T and Comcast -- as common carriers under Title II of the Communications Act. That classification would open ISPs up to greater oversight by the FCC. The vote is widely expected to go in favor of reinstating net neutrality since FCC Chair Jessica Rosenworcel, a Democrat, controls the agency's agenda. Rosenworcel moved forward with the measure after a fifth commissioner was sworn in, restoring a Democratic majority on the panel. Net neutrality proponents say that oversight can help ensure fair access to an open internet by upholding principles like no blocking or throttling of internet traffic. Opponents, including industry players, fear it could halt innovation and subject ISPs to onerous price regulations. Update FCC Votes To Restore Net Neutrality.
United States

Insufficient Redundancy? Light-Pole Installation Cut Fiber Line, Triggered Three-State 911 Outage (apnews.com) 90

"Workers installing a light pole in Missouri cut into a fiber line," reports the Associated Press, knocking out 911 phone service "for emergency agencies in Nebraska, Nevada and South Dakota, an official with the company that operates the line said Thursday." In Kansas City, Missouri, workers installing a light pole for another company Wednesday cut into a Lumen Technologies fiber line, Lumen global issues director Mark Molzen said in an email to The Associated Press. Service was restored within 2 1/2 hours, he said. There were no reports of 911 outages in Kansas City...

The Dundy County Sheriff's Office in Nebraska warned in a social media post Wednesday night that 911 callers would receive a busy signal and urged people to instead call the administrative phone line. About three hours later, officials said mobile and landline 911 services had been restored. In Douglas County, home to Omaha and more than a quarter of Nebraska's residents, officials first learned there was a problem when calls from certain cellphone companies showed up in a system that maps calls but didn't go through over the phone. Operators started calling back anyone whose call didn't go through, and officials reached out to Lumen, which confirmed the outage. Service was restored by 4 a.m.

Kyle Kramer, the technical manager for Douglas County's 911 Center, said the outage highlights the potential problems of having so many calls go over the same network. "As things become more interconnected in our modern world, whether you're on a wireless device or a landline now, those are no longer going over the traditional old copper phone wires that may have different paths in different areas," Kramer said. "Large networks usually have some aggregation point, and those aggregation points can be a high risk."

Kramer said this incident and the two previous 911 outages he has seen in the past year in Omaha make him concerned that communications companies aren't building enough redundancy into their networks.

South Dakota officials called the state-wide outage "unprecedented," with their Department of Public Safety reporting the outage lasted two hours (though texting to 911 still worked in most locations — and of course, people could still call local emergency services using their non-emergency lines.) America's FCC has already begun an investigation.



The article notes that "The outages, ironically, occurred in the midst of National Public Safety Telecommunicators Week."

Thanks to long-time Slashdot reader davidwr for sharing the article.
United States

US Passes Bill Reauthorizing 'FISA' Surveillance for Two More Years (theverge.com) 45

Late Friday night the U.S. Senate "reauthorized the Foreign Intelligence Surveillance Act, a key. U.S. surveillance authority," reports Axios, "shortly after it expired in the early hours Saturday morning." The president then signed the bill into law. The reauthorization came despite bipartisan concerns about Section 702, which allows the government to collect communications from non-U.S. citizens overseas without a warrant. The legislation passed the Senate 60 to 34, with 17 Democrats, Sen. Bernie Sanders (I-Vt.) and 16 Republicans voting "nay." It extends the controversial Section 702 for two more years.
The bill had already passed last week in the U.S. House of Representatives, explains CNN: Under FISA's Section 702, the government hoovers up massive amounts of internet and cell phone data on foreign targets. Hundreds of thousands of Americans' information is incidentally collected during that process and then accessed each year without a warrant — down from millions of such queries the US government ran in past years. Critics refer to these queries as "backdoor" searches...

According to one assessment, it forms the basis of most of the intelligence the president views each morning and it has helped the U.S. keep tabs on Russia's intentions in Ukraine, identify foreign efforts to access US infrastructure, uncover foreign terror networks and thwart terror attacks in the U.S.

An interesting detail from The Verge: Sens. Ron Wyden (D-OR) and Josh Hawley (R-MO) introduced an amendment that would have struck language in the House bill that expanded the definition of "electronic communications service provider." Under the House's new provision, anyone "who has access to equipment that is being or may be used to transmit or store wire or electronic communications." The expansion, Wyden has claimed, would force "ordinary Americans and small businesses to conduct secret, warrantless spying." The Wyden-Hawley amendment failed 34-58, meaning that the next iteration of the FISA surveillance program will be more expansive than before.
Saturday morning the U.S. House of Representatives passed a bill banning TikTok if its Chinese owner doesn't sell the app.
United States

Two Major ISPs Threaten They'll Stop Complying With US FISA Orders (msn.com) 34

An anonymous reader shared this report from the Washington Post: U.S. government officials were scrambling Friday night to prevent what they fear could be a significant loss of access to critical national security information, after two major U.S. communications providers said they would stop complying with orders under a controversial surveillance law that is set to expire at midnight, according to five people familiar with the matter.

One communications provider informed the National Security Agency that it would stop complying on Monday with orders under Section 702 of the Foreign Intelligence Surveillance Act, which enables U.S. intelligence agencies to gather without a warrant the digital communications of foreigners overseas — including when they text or email people inside the United States. Another provider suggested that it would cease complying at midnight Friday unless the law is reauthorized, according to the people familiar with the matter, who spoke on the condition of anonymity to discuss sensitive negotiations.

The companies' decisions, which were conveyed privately and have not previously been reported, have alarmed national security officials, who strongly disagree with their position and argue that the law requires the providers to continue complying with the government's surveillance orders even after the statute expires. That's because a federal court this month granted the government a one-year extension to continue intelligence collection.

UPDATE (4/20/2024): US Passes Bill Reauthorizing 'FISA' Surveillance for Two More Years.
Communications

Northrop Grumman Working With SpaceX On US Spy Satellite System (reuters.com) 10

Longtime Slashdot reader SonicSpike shares a report from Reuters: Aerospace and defense company Northrop Grumman is working with SpaceX [...] on a classified spy satellite project already capturing high-resolution imagery of the Earth, according to people familiar with the program. The program, details of which were first reported by Reuters last month, is meant to enhance the U.S. government's ability to track military and intelligence targets from low-Earth orbits, providing high-resolution imagery of a kind that had traditionally been captured mostly by drones and reconnaissance aircraft. The inclusion of Northrop Grumman, which has not been previously reported, reflects a desire among government officials to avoid putting too much control of a highly-sensitive intelligence program in the hands of one contractor, four people familiar with the project told Reuters. 'It is in the government's interest to not be totally invested in one company run by one person,' one of the people said.

It's unclear whether other contractors are involved at present or could join the project as it develops. Northrop Grumman is providing sensors for some of the SpaceX satellites, the people familiar with the project told Reuters. Northrop Grumman, two of the people added, will test those satellites at its own facilities before they are launched. At least 50 of the SpaceX satellites are expected at Northrop Grumman facilities for procedures including testing and the installation of sensors in coming years, one of the people said. In March, Reuters reported that the National Reconnaissance Office, or NRO, in 2021 awarded a $1.8 billion contract to SpaceX for the classified project, a planned network of hundreds of satellites. So far, the people familiar with the project said, SpaceX has launched roughly a dozen prototypes and is already providing test imagery to the NRO, an intelligence agency that oversees development of U.S. spy satellites.

Security

Frontier Communications Shuts Down Systems After Cyberattack (bleepingcomputer.com) 6

U.S. telecom provider Frontier Communications shut down its systems after a cybercrime group breached some of its IT systems in a recent cyberattack. BleepingComputer reports: Frontier is a leading U.S. communications provider that provides gigabit Internet speeds over a fiber-optic network to millions of consumers and businesses across 25 states. After discovering the incident, the company was forced to partially shut down some systems to prevent the threat actors from laterally moving through the network, which also led to some operational disruptions. Despite this, Frontier says the attackers could access some PII data, although it didn't disclose if it belonged to customers, employees, or both.

"On April 14, 2024, Frontier Communications Parent, Inc. [..] detected that a third party had gained unauthorized access to portions of its information technology environment," the company revealed in a filing with the U.S. Securities and Exchange Commission on Thursday. "Based on the Company's investigation, it has determined that the third party was likely a cybercrime group, which gained access to, among other information, personally identifiable information." Frontier now believes that it has contained the breach, has since restored its core IT systems affected during the incident, and is working on restoring normal business operations.

Network

Nigeria To Criminalise Fiber Cable Damage Costing Telecoms Billions (bloomberg.com) 19

Nigeria will criminalize the destruction of broadband fiber cables following repeated complaints by MTN Nigeria and other telecommunications companies that they are losing billions of naira, Bloomberg News reported, citing people familiar with the matter. From the report: Nigeria's works ministry, which supervises federal road constructors, is finalizing the regulation that will be signed as an executive order by President Bola Tinubu, said the people, asking not to be identified as they weren't authorized to comment. While there are presently laws against vandalism, the authorities are aiming to regulate construction firms more closely. The order will enforce stiff penalties on offenders, said the people, declining to provide more details or say when it will be signed. "Telecom assets are critical backbone that supports the economy across sectors," said Temitope Ajayi, a senior presidential aide, who noted that the Association of Telecommunications Companies has been demanding the classification for years. New rules will provide "further assurance that the Nigerian government will protect their investments against vandals and criminal elements."
Security

Hackers Voice Cloned the CEO of LastPass For Attack (futurism.com) 15

An anonymous reader quotes a report from Futurism: In a new blog post from LastPass, the password management firm used by countless personal and corporate clients to help protect their login information, the company explains that someone used AI voice-cloning tech to spoof the voice of its CEO in an attempt to trick one of its employees. As the company writes in the post, one of its employees earlier this week received several WhatsApp communications -- including calls, texts, and a voice message -- from someone claiming to be its CEO, Karim Toubba. Luckily, the LastPass worker didn't fall for it because the whole thing set off so many red flags. "As the attempted communication was outside of normal business communication channels and due to the employee's suspicion regarding the presence of many of the hallmarks of a social engineering attempt (such as forced urgency)," the post reads, "our employee rightly ignored the messages and reported the incident to our internal security team so that we could take steps to both mitigate the threat and raise awareness of the tactic both internally and externally."

While this LastPass scam attempt failed, those who follow these sorts of things may recall that the company has been subject to successful hacks before. In August 2022, as a timeline of the event compiled by the Cybersecurity Dive blog detailed, a hacker compromised a LastPass engineer's laptop and used it to steal source code and company secrets, eventually getting access to its customer database -- including encrypted passwords and unencrypted user data like email addresses. According to that timeline, the clearly-resourceful bad actor remained active in the company's servers for months, and it took more than two months for LastPass to admit that it had been breached. More than six months after the initial breach, Toubba, the CEO, provided a blow-by-blow timeline of the months-long attack and said he took "full responsibility" for the way things went down in a February 2023 blog post.

Cellphones

SEC Targets Its Own Staff's Texting, Nixes WhatsApp On Work Phones (yahoo.com) 15

The SEC has blocked third-party messaging apps and texts from employees' work phones, "bringing its own practices closer to the standards it's enforcing for the industry," reports Bloomberg. From the report: The SEC's decision to block disappearing-messaging apps will help improve record-keeping and address potential security vulnerabilities at the agency, which saw one of its social-media accounts compromised earlier this year. It follows about $3 billion in fines imposed on financial firms to settle allegations that they failed to keep adequate records of work-related communications on mobile devices and apps such as Signal and Meta's WhatsApp.

The scrutiny prompted Wall Street to overhaul how employees communicate on business matters using mobile phones. Meanwhile, the SEC took a hard look at policies covering its own staff's communications on agency-issued phones. The agency has restricted access to third-party messaging applications, as well as SMS (short message service) and iMessage texts "to lower risk that our systems could be compromised and to enhance recordkeeping," an SEC spokeswoman said in an emailed statement. The process of blocking the apps began in September and has continued over the past several months, she added.

The Internet

ISPs Can Charge Extra For Fast Gaming Under FCC's Internet Rules, Critics Say (arstechnica.com) 29

An anonymous reader quotes a report from Ars Technica: Some net neutrality proponents are worried that soon-to-be-approved Federal Communications Commission rules will allow harmful fast lanes because the plan doesn't explicitly ban "positive" discrimination. FCC Chairwoman Jessica Rosenworcel's proposed rules for Internet service providers would prohibit blocking, throttling, and paid prioritization. The rules mirror the ones imposed by the FCC during the Obama era and repealed during Trump's presidency. But some advocates are criticizing a decision to let Internet service providers speed up certain types of applications as long as application providers don't have to pay for special treatment. Stanford Law Professor Barbara van Schewick, who has consistently argued for stricter net neutrality rules, wrote in a blog post on Thursday that "harmful 5G fast lanes are coming."

"T-Mobile, AT&T and Verizon are all testing ways to create these 5G fast lanes for apps such as video conferencing, games, and video where the ISP chooses and controls what gets boosted," van Schewick wrote. "They use a technical feature in 5G called network slicing, where part of their radio spectrum gets used as a special lane for the chosen app or apps, separated from the usual Internet traffic. The FCC's draft order opens the door to these fast lanes, so long as the app provider isn't charged for them." In an FCC filing yesterday, AT&T said that carriers will use network slicing "to better meet the needs of particular business applications and consumer preferences than they could over a best-efforts network that generally treats all traffic the same."

Van Schewick warns that carriers could charge consumers more for plans that speed up specific types of content. For example, a mobile operator could offer a basic plan alongside more expensive tiers that boost certain online games or a tier that boosts services like YouTube and TikTok. Ericsson, a telecommunications vendor that sells equipment to carriers including AT&T, Verizon, and T-Mobile, has pushed for exactly this type of service. In a report on how network slicing can be used commercially, Ericsson said that "many gamers are willing to pay for enhanced gaming experiences" and would "pay up to $10.99 more for a guaranteed gaming experience on top of their 5G monthly subscription."

United States

US Senate To Vote on a Wiretap Bill That Critics Call 'Stasi-Like' (wired.com) 55

The United States Senate is poised to vote on legislation this week that, for the next two years at least, could dramatically expand the number of businesses that the US government can force to eavesdrop on Americans without a warrant. From a report: Some of the nation's top legal experts on a controversial US spy program argue that the legislation, known as the Reforming Intelligence and Securing America Act (RISAA), would enhance the US government's spy powers, forcing a variety of new businesses to secretly eavesdrop on Americans' overseas calls, texts, and email messages. Those experts include a handful of attorneys who've had the rare opportunity to appear before the US government's secret surveillance court.

The Section 702 program, authorized under the Foreign Intelligence Surveillance Act, or FISA, was established more than a decade ago to legalize the government's practice of forcing major telecommunications companies to eavesdrop on overseas calls in the wake of the September 11, 2001, terrorist attacks. On the one hand, the government claims that the program is designed to exclusively target foreign citizens who are physically located abroad; on the other, the government has fiercely defended its ability to access wiretaps of Americans' emails and phone conversations, often years after the fact and in cases unrelated to the reasons the wiretaps were ordered in the first place.

The 702 program works by compelling the cooperation of US businesses defined by the government as "electronic communications service providers" -- traditionally phone and email providers such as AT&T and Google. Members of the House Intelligence Committee, whose leaders today largely serve as lobbyists for the US intelligence community in Congress, have been working to expand the definition of that term, enabling the government to force new categories of businesses to eavesdrop on the government's behalf.

Communications

Telecom Fights Price Caps as US Spends Billions on Internet Access (washingtonpost.com) 30

AT&T, Charter, Comcast and Verizon are quietly trying to weaken a $42.5 billion federal program to improve internet access across the nation, aiming to block strict new rules that would require them to lower their poorest customers' monthly bills in exchange for a share of the federal aid. From a report: In state after state, the telecom firms have blasted the proposed price cuts as illegal -- forcing regulators in California, New York, South Carolina, Tennessee, Virginia and elsewhere to rethink, scale back or abandon their plans to condition the federal funds on financial relief for consumers. The lobbying campaign threatens to undermine the largest burst of money to upgrade the country's internet service in U.S. history. Enacted by President Biden as part of a sprawling 2021 infrastructure law, the funds are intended to deliver speedy and affordable broadband to the final unserved pockets of America by 2030 -- a goal that the White House likens to the federal campaign nearly a century ago to electrify the nation's heartland.
The Media

Axios CEO Believes AI Will 'Eviscerate the Unprepared' Among Media Companies (seattletimes.com) 50

In the view of Jim VandeHei, CEO of Axios, artificial intelligence will eviscerate the weak, the ordinary, the unprepared in media," reports the New York Times: VandeHei says the only way for media companies to survive is to focus on delivering journalistic expertise, trusted content and in-person human connection. For Axios, that translates into more live events, a membership program centered on its star journalists and an expansion of its high-end subscription newsletters. "We're in the middle of a very fundamental shift in how people relate to news and information," he said, "as profound, if not more profound, than moving from print to digital." "Fast forward five to 10 years from now and we're living in this AI-dominated virtual world — who are the couple of players in the media space offering smart, sane content who are thriving?" he added. "It damn well better be us."

Axios is pouring investment into holding more events, both around the world and in the United States. VandeHei said the events portion of his business grew 60% year over year in 2023. The company has also introduced a $1,000-a-year membership program around some of its journalists that will offer exclusive reporting, events and networking. The first one, announced last month, is focused on Eleanor Hawkins, who writes a weekly newsletter for communications professionals. Her newsletter will remain free, but paying subscribers will have access to additional news and data, as well as quarterly calls with Hawkins... Axios will expand Axios Pro, its collection of eight high-end subscription newsletters focused on specific niches in the deals and policy world. The subscriptions start at $599 a year each, and Axios is looking to add one on defense policy...

"The premium for people who can tell you things you do not know will only grow in importance, and no machine will do that," VandeHei said....VandeHei said that although he thought publications should be compensated for original intellectual property, "that's not a make-or-break topic." He said Axios had talked to several AI companies about potential deals, but "nothing that's imminent.... One of the big mistakes a lot of media companies made over the last 15 years was worrying too much about how do we get paid by other platforms that are eating our lunch as opposed to figuring out how do we eat people's lunch by having a superior product," he said.

"VandeHei said Axios was not currently profitable because of the investment in the new businesses," according to the article.

But "The company has continued to hire journalists even as many other news organizations have cut back."
United States

House Votes To Extend -- and Expand -- a Major US Spy Program (wired.com) 85

An anonymous reader quotes a report from Wired: A controversial US wiretap program days from expiration cleared a major hurdle on its way to being reauthorized. After months of delays, false starts, and interventions by lawmakers working to preserve and expand the US intelligence community's spy powers, the House of Representatives voted on Friday to extend Section 702 (PDF) of the Foreign Intelligence Surveillance Act (FISA) for two years. Legislation extending the program -- controversial for being abused by the government -- passed in the House in a 273-147 vote. The Senate has yet to pass its own bill.

Section 702 permits the US government to wiretap communications between Americans and foreigners overseas. Hundreds of millions of calls, texts, and emails are intercepted by government spies each with the "compelled assistance" of US communications providers. The government may strictly target foreigners believed to possess "foreign intelligence information," but it also eavesdrops on the conversations of an untold number of Americans each year. (The government claims it is impossible to determine how many Americans get swept up by the program.) The government argues that Americans are not themselves being targeted and thus the wiretaps are legal. Nevertheless, their calls, texts, and emails may be stored by the government for years, and can later be accessed by law enforcement without a judge's permission. The House bill also dramatically expands the statutory definition for communication service providers, something FISA experts, including Marc Zwillinger -- one of the few people to advise the Foreign Intelligence Surveillance Court (FISC) -- have publicly warned against.

The FBI's track record of abusing the program kicked off a rare detente last fall between progressive Democrats and pro-Trump Republicans -- both bothered equally by the FBI's targeting of activists, journalists, anda sitting member of Congress. But in a major victory for the Biden administration, House members voted down an amendment earlier in the day that would've imposed new warrant requirements on federal agencies accessing Americans' 702 data. The warrant amendment was passed earlier this year by the House Judiciary Committee, whose long-held jurisdiction over FISA has been challenged by friends of the intelligence community. Analysis by the Brennan Center this week found that 80 percent of the base text of the FISA reauthorization bill had been authored by intelligence committee members.

Nintendo

Discord is Nuking Nintendo Switch Emulator Devs and Their Entire Servers (theverge.com) 56

Discord has shut down the Discord servers for the Nintendo Switch emulators Suyu and Sudachi and has completely disabled their lead developers' accounts. The Verge: Both Suyu and Sudachi began as forks of Yuzu, the emulator that Nintendo sued out of existence on March 4th. "Discord responds to and complies with all legal and valid Digital Millennium Copyright Act requests. In this instance, there was also a court ordered injunction for the takedown of these materials, and we took action in a manner consistent with the court order," reads part of a statement from Discord director of product communications Kellyn Slone to The Verge.

The developers of Suyu and Sudachi only received vague messages about how they were sharing content that allegedly violates intellectual property rights, according to images shared with The Verge. Meanwhile, Discord tells us that it's following its normal process for DMCA takedown requests -- but it's not at all clear there was a valid DMCA takedown request or that those communities were actually violating IP rights, and it's quite possible Discord isn't following its own policy by kicking them out.

Remember, Nintendo got Yuzu to settle rather than proving its case in court, and the settlement did not give Nintendo the rights to Yuzu's freely copyable GPL v3 code. Developers of Yuzu's forks also claimed they were changing the code further, among other practices, in an effort to avoid pissing Nintendo off. And that code wasn't hosted on Discord in any case.

United States

America's Chip Renaissance Needs Workers (wsj.com) 117

An anonymous reader shares a report: Last week South Korea's SK Hynix announced it would partner with Purdue University on a $3.9 billion semiconductor complex here, the largest single corporate investment in state history. Now comes the hard part. SK Hynix must not only build the fabrication plant, or fab, which will package high-bandwidth memory chips used in artificial intelligence, and a connected research-and-development center. It also has to staff them. "We need several hundred engineers to operate our advanced-packaging manufacturing fab -- in physics, chemistry, material science, electronics engineering," Kwak Noh-Jung, chief executive of SK Hynix, said in an interview following last week's announcement.

Staffing a fab is harder in the U.S. than in South Korea, where SK Hynix has contracts with local universities and its own in-house university. Nonetheless, Kwak said, "the final goal is very clear. We need to have very good engineers for our success in U.S." The U.S. is trying to do something unprecedented: reverse a shrinking share in a key manufacturing sector. Between 1990 and 2020, the U.S. share of world chip making shrank to 12% from 37%, while the combined share of Taiwan, South Korea and China grew to 58%. The federal CHIPS program has showered billions of dollars on Intel for fabs in several states, Taiwan Semiconductor Manufacturing Co.in Arizona and GlobalFoundries in New York and Vermont. SK Hynix hopes for support as well.

Subsidies alone won't guarantee a sustainable industry. Fabs need customers, a supply chain and, above all, a skilled, specialized workforce. From 2000 to 2017, U.S. employment in semiconductor manufacturing shrank to 181,000 from 287,000. It has since recovered to about 200,000. Why did the U.S. share of semiconductor production shrink? As in other industries, the U.S. became an expensive place to manufacture. Susan Houseman of the Upjohn Institute, who has studied outsourcing, said this wasn't "primarily a story about offshoring." U.S. companies still lead in chip design: Nvidia in artificial intelligence, Qualcomm in communications and Apple in smartphones. Over time they mostly contracted out fabrication of their chips to foundries such as TSMC who benefited from generous domestic subsidies. The theory behind CHIPS is that, by matching Asia's subsidies, the U.S. can again be competitive in chip making. Nonetheless, there is a chicken-egg problem. Fabs need a ready supply of skilled workers. But without fabs, America's best and brightest have little incentive to pursue careers in the sector.

The Internet

Starting Today, ISPs Must Display Labels With Price, Speeds, and Data Caps (arstechnica.com) 15

An anonymous reader quotes a report from Ars Technica: Starting today, home Internet and mobile broadband providers in the US are required to display consumer labels with information on prices, speeds, and data allowances. "Today's nationwide launch of the Broadband Consumer Labels means internet service providers are now required to display consumer-friendly labels at the point of sale," the Federal Communications Commission said (PDF). "Labels are required for all standalone home or fixed Internet service or mobile broadband plans. Providers must display the label -- not simply an icon or link to the label -- in close proximity to an associated plan's advertisement."

The labels are required now for providers with at least 100,000 subscribers, while ISPs with fewer customers have until October 10, 2024, to comply. "If a provider is not displaying their labels or has posted inaccurate information about its fees or service plans, consumers can file a complaint with the FCC Consumer Complaint Center," an agency webpage says. The October 10 date will also bring an additional requirement that providers "make the labels machine-readable to enable third parties to more easily collect and aggregate data for the purpose of creating comparison-shopping tools for consumers," the FCC said.

The FCC issued a consumer advisory telling broadband users what to look for in the labels. Labels should include the monthly price, state whether it is an introductory rate, the amount of time that an introductory rate applies, and the price after any introductory rate expires. The labels must include any additional monthly charges, one-time fees, early termination fees, and taxes. Speed information should include typical download speed, upload speed, and latency. For data caps, the labels should state how much data is included with the monthly price and how much consumers have to pay for additional usage. Labels should also include links to information on discounts and service bundles, network management practices, and privacy policies.

Communications

Consumers Will Finally See FCC-Mandated 'Nutrition Labels' For Most Broadband Plans (theverge.com) 56

It appears that a nearly eight-year-long battle by the FCC to require internet companies to display information on the costs, fees, and speeds of their broadband services is finally over. From a report: Starting on Wednesday, all but the smallest ISPs will be required to publish broadband "nutrition labels" on all of their plans, the regulator announced. [...] Each label will include monthly broadband prices, introductory rate details, data allowances, broadband speeds, and links to find out about any available discounts or service bundles. Links to network management practices and privacy policies should be listed as well.
The Courts

Cox Plans To Take Piracy Liability Battle To the Supreme Court (torrentfreak.com) 70

An anonymous reader quotes a report from TorrentFreak: Cox Communications doesn't believe that ISPs should be held liable for the activities of their pirating subscribers. After a disappointing verdict from a Virginia jury and an unsatisfactory outcome at the Court of Appeals, the internet provider now intends to escalate the matter to the Supreme Court. If the present verdict stands, innocent people risk losing their Internet access, the ISP notes. [...] That's notable, as it would be the first time that a "repeat infringer" case ends up at the highest court United States. Cox asked the court of appeals to also stay its mandate pending its Supreme Court application, as this could steer the legal battle in yet another direction.

According to Cox, the Supreme Court has substantial reasons to take on the case. For one, there are currently conflicting court of appeals rulings on the "material contribution" aspect of copyright infringement. The Supreme Court could give more clarity on when a service, with a myriad of lawful uses, can be held liable for infringers. In addition, Cox also cites the recent 'Twitter vs. Taamneh' Supreme Court ruling, which held that social media platforms aren't liable for terrorists who use their network. While that's not a copyright case, it's relevant for the secondary liability question, the ISP argues. "Though Twitter was not a copyright case, it confronted a directly analogous theory of secondary liability: that social-media platforms, including Twitter and YouTube, could be liable for continuing to provide services to those they knew were using them for illegal purposes," Cox writes.

Finally, Cox notes that the Supreme Court should hear the case because it deals with an issue that's 'exceptionally important' to ISPs as well as the public. If the present verdict stands, Internet providers may be much more likely to terminate Internet access, even if the subscriber is innocent. "This Court's material-contribution standard provides powerful incentives for ISPs of all stripes to swiftly terminate internet services that have been used to infringe -- no matter the universe of lawful uses to which those services are put, or the consequences to innocent, non-infringing people who also use those services. "That is why a chorus of amici urged this Court not to adopt this standard at the panel and en banc stages, and will likely urge the Supreme Court to grant review as well," Cox adds, referring to the support it received from third-parties previously.
"Cox hasn't filed a writ of certiorari yet and still has time, as it's due June 17, 2024," notes TorrentFreak. "The intention to go to the Supreme Court would be another reason to halt the new damages trial, according to Cox, but the court of appeals rejected the request."

"This means that the new damages trial can start, even if the case is still pending at the Supreme Court. However, it's clear that this legal battle is far from over yet."
United States

FCC Chair Rejects Call To Impose Universal Service Fees on Broadband (arstechnica.com) 21

The Federal Communications Commission chair decided not to impose Universal Service fees on Internet service, rejecting arguments for new assessments to shore up an FCC fund that subsidizes broadband network expansions and provides discounts to low-income consumers. From a report: The $8 billion-a-year Universal Service Fund (USF) pays for FCC programs such as Lifeline discounts and Rural Digital Opportunity Fund deployment grants for ISPs. Phone companies must pay a percentage of their revenue into the fund, and telcos generally pass those fees on to consumers with a "Universal Service" line item on telephone bills.

Imposing similar assessments on broadband could increase the Universal Service Fund's size and/or reduce the charges on phone service, spreading the burden more evenly across different types of telecommunications services. Some consumer advocates want the FCC to increase the fund in order to replace the Affordable Connectivity Program (ACP), a different government program that gives $30 monthly broadband discounts to people with low incomes but is about to run out of money because of inaction by Congress. The Universal Service funding question is coming up now because, on April 25, the FCC is scheduled to vote on reclassifying broadband as a telecommunications service in order to re-impose the net neutrality rules scrapped during the Trump era. Imposing Universal Service charges on broadband would likely result in ISPs adding those costs to monthly bills and would make the net neutrality proceeding even more of a political minefield than it already is. FCC Chairwoman Jessica Rosenworcel's net neutrality proposal takes the same stance against requiring Universal Service contributions that the FCC took in 2015 when it first imposed the net neutrality rules.

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