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Verizon

T-Mobile, Verizon In Talks To Buy Parts of US Cellular (reuters.com) 18

T-Mobile and Verizon are in talks to buy parts of U.S. Ceullar in separate transactions, the Wall Street Journal reported on Thursday. Reuters reports: T-Mobile is closing in on a deal to buy a chunk of U.S. Cellular for more than $2 billion, taking over some operations and wireless spectrum licenses, the report said citing people familiar with the matter. Verizon's talks with the regional carrier is expected to take longer and might not result in an agreement, the report added.
Science

Scientists Find an 'Alphabet' In Whale Songs 50

Carl Zimmer reports via the New York Times: Ever since the discovery of whale songs almost 60 years ago, scientists have been trying to decipher their lyrics. Are the animals producing complex messages akin to human language? Or sharing simpler pieces of information, like dancing bees do? Or are they communicating something else we don't yet understand? In 2020, a team of marine biologists and computer scientists joined forces to analyze the click-clacking songs of sperm whales, the gray, block-shaped leviathans that swim in most of the world's oceans. On Tuesday, the scientists reported that the whales use a much richer set of sounds than previously known, which they called a "sperm whale phonetic alphabet." In the study published in the journal Nature Communications, researchers found that sperm whales communicate using sequences of clicks, called codas, that exhibit contextual and combinatorial structure. MIT News reports: The researchers identified something of a "sperm whale phonetic alphabet," where various elements that researchers call "rhythm," "tempo," "rubato," and "ornamentation" interplay to form a vast array of distinguishable codas. For example, the whales would systematically modulate certain aspects of their codas based on the conversational context, such as smoothly varying the duration of the calls -- rubato -- or adding extra ornamental clicks. But even more remarkably, they found that the basic building blocks of these codas could be combined in a combinatorial fashion, allowing the whales to construct a vast repertoire of distinct vocalizations.

[...] By developing new visualization and data analysis techniques, the CSAIL researchers found that individual sperm whales could emit various coda patterns in long exchanges, not just repeats of the same coda. These patterns, they say, are nuanced, and include fine-grained variations that other whales also produce and recognize.
"One of the intriguing aspects of our research is that it parallels the hypothetical scenario of contacting alien species. It's about understanding a species with a completely different environment and communication protocols, where their interactions are distinctly different from human norms," says Pratyusha Sharma, an MIT PhD student in EECS, CSAIL affiliate, and the study's lead author. "We're exploring how to interpret the basic units of meaning in their communication. This isn't just about teaching animals a subset of human language, but decoding a naturally evolved communication system within their unique biological and environmental constraints. Essentially, our work could lay the groundwork for deciphering how an 'alien civilization' might communicate, providing insights into creating algorithms or systems to understand entirely unfamiliar forms of communication."
The Internet

FCC Explicitly Prohibits Fast Lanes, Closing Possible Net Neutrality Loophole (arstechnica.com) 36

An anonymous reader quotes a report from Ars Technica: The Federal Communications Commission clarified its net neutrality rules to prohibit more kinds of fast lanes. While the FCC voted to restore net neutrality rules on April 25, it didn't release the final text of the order until yesterday. The final text (PDF) has some changes compared to the draft version released a few weeks before the vote.

Both the draft and final rules ban paid prioritization, or fast lanes that application providers have to pay Internet service providers for. But some net neutrality proponents raised concerns about the draft text because it would have let ISPs speed up certain types of applications as long as the application providers don't have to pay for special treatment. The advocates wanted the FCC to clarify its no-throttling rule to explicitly prohibit ISPs from speeding up applications instead of only forbidding the slowing of applications down. Without such a provision, they argued that ISPs could charge consumers more for plans that speed up specific types of content. [...]

"We clarify that a BIAS [Broadband Internet Access Service] provider's decision to speed up 'on the basis of Internet content, applications, or services' would 'impair or degrade' other content, applications, or services which are not given the same treatment," the FCC's final order said. The "impair or degrade" clarification means that speeding up is banned because the no-throttling rule says that ISPs "shall not impair or degrade lawful Internet traffic on the basis of Internet content, application, or service."
The updated language in the final order "clearly prohibits ISPs from limiting fast lanes to apps or categories of apps they select," leaving no question as to whether the practice is prohibited, said Stanford Law professor Barbara van Schewick.

Under the original plan, "there was no way to predict which kinds of fast lanes the FCC might ultimately find to violate the no-throttling rule," she wrote. "This would have given ISPs cover to flood the market with various fast-lane offerings, arguing that their version does not violate the no-throttling rule and daring the FCC to enforce its rule. The final order prevents this from happening."
Science

Breakthrough Achieved In Nanometer-Resolution Imaging of 3D Chemistry (phys.org) 4

"A leap in our ability to see the chemistry of matter in three-dimensions at the nanoscale was achieved, allowing scientists to understand how nanomaterials are chemically arranged," writes Slashdot reader Hovden: Traditionally, seeing matter at the smallest sizes requires too many high-energy electrons for 3D chemical imaging. The high beam exposure destroys the specimen before an experiment is completed. Even larger doses are required to achieve high resolution.

Thus, chemical mapping in 3D has been unachievable except at lower resolution with the most radiation-hard materials.

High-resolution 3D chemical imaging is now achievable near or below one-nanometer resolution. A team from Dow Chemical and the University of Michigan used a newly introduced method, called multi-modal data fusion, high-resolution chemical tomography, that provides 99% less dose by linking information encoded within both elastic and inelastic scattered signals. The researchers showed sub-nanometer 3D resolution of chemistry is measurable for a broad class of geometrically and compositionally complex materials.

"Here are the pretty pictures," adds long-time Slashdot reader thoper.

Phys.org also has this quote from Robert Hovden, an associate professor of materials science and engineering at the University of Michigan and corresponding author on the study published in Nature Communications. "Seeing invisible worlds, far smaller than the wavelengths of light, is absolutely critical to understanding the matter we are engineering at the nanoscale, not just in 2D but in 3D as well."
The Internet

Multinational ISP Offers $206M In Secured Notes Backed By IPv4 Addresses (circleid.com) 43

CircleID reports that Multinational internet service provider Cogent recently announced that it was offering $206 million in secured notes (a corporate bond backed by assets). "The unusual part is what it's using as security: some of its IPv4 addresses and the leases on those IPv4 addresses." All internet service providers (ISPs) give IP addresses to their users, but Cogent was among the first to lease those addresses independently of internet access. (Internet access customers normally require a unique address as part of their service.) Sources are hard to find, but prevailing wisdom is that they have over 10M addresses leased for about $0.30 per month, or $36M per year in revenue.

The notes are expected to be repaid in five years.


Thanks to long-time Slashdot reader penciling_in for sharing the article.
Privacy

When a Politician Sues a Blog to Unmask Its Anonymous Commenter 79

Markos Moulitsas is the poll-watching founder of the political blog Daily Kos. Thursday he wrote that in 2021, future third-party presidential candidate RFK Jr. had sued their web site.

"Things are not going well for him." Back in 2021, Robert F. Kennedy Jr. sued Daily Kos to unmask the identity of a community member who posted a critical story about his dalliance with neo-Nazis at a Berlin rally. I updated the story here, here, here, here, and here.

To briefly summarize, Kennedy wanted us to doxx our community member, and we stridently refused.

The site and the politician then continued fighting for more than three years. "Daily Kos lost the first legal round in court," Moulitsas posted in 2021, "thanks to a judge who is apparently unconcerned with First Amendment ramifications given the chilling effect of her ruling."

But even then, Moulitsas was clear on his rights: Because of Section 230 of the Communications Decency Act, [Kennedy] cannot sue Daily Kos — the site itself — for defamation. We are protected by the so-called safe harbor. That's why he's demanding we reveal what we know about "DowneastDem" so they can sue her or him directly.
Moulitsas also stressed that his own 2021 blog post was "reiterating everything that community member wrote, and expanding on it. And so instead of going after a pseudonymous community writer/diarist on this site, maybe Kennedy will drop that pointless lawsuit and go after me... consider this an escalation." (Among other things, the post cited a German-language news account saying Kennedy "sounded the alarm concerning the 5G mobile network and Microsoft founder Bill Gates..." Moulitsas also noted an Irish Times article which confirmed that at the rally Kennedy spoke at, "Noticeable numbers of neo-Nazis, kitted out with historic Reich flags and other extremist accessories, mixed in with the crowd.")

So what happened? Moulitsas posted an update Thursday: Shockingly, Kennedy got a trial court judge in New York to agree with him, and a subpoena was issued to Daily Kos to turn over any information we might have on the account. However, we are based in California, not New York, so once I received the subpoena at home, we had a California court not just quash the subpoena, but essentially signal that if New York didn't do the right thing on appeal, California could very well take care of it.

It's been a while since I updated, and given a favorable court ruling Thursday, it's way past time to catch everyone up.

New York is one of the U.S. states that doesn't have a strict "Dendrite standard" law protecting anonymous speech. But soon the blog founder discovered he had allies: The issues at hand are so important that The New York Times, the E.W.Scripps Company, the First Amendment Coalition, New York Public Radio, and seven other New York media companies joined the appeals effort with their own joint amicus brief. What started as a dispute over a Daily Kos diarist has become a meaningful First Amendment battle, with major repercussions given New York's role as a major news media and distribution center.

After reportedly spending over $1 million on legal fees, Kennedy somehow discovered the identity of our community member sometime last year and promptly filed a defamation suit in New Hampshire in what seemed a clumsy attempt at forum shopping, or the practice of choosing where to file suit based on the belief you'll be granted a favorable outcome. The community member lives in Maine, Kennedy lives in California, and Daily Kos doesn't publish specifically in New Hampshire. A perplexed court threw out the case this past February on those obvious jurisdictional grounds....

Then, last week, the judge threw out the appeal of that decision because Kennedy's lawyer didn't file in time — and blamed the delay on bad Wi-Fi...

Kennedy tried to dismiss the original case, the one awaiting an appellate decision in New York, claiming it was now moot. His legal team had sued to get the community member's identity, and now that they had it, they argued that there was no reason for the case to continue. We disagreed, arguing that there were important issues to resolve (i.e., Dendrite), and we also wanted lawyer fees for their unconstitutional assault on our First Amendment rights...

On Thursday, in a unanimous decision, a four-judge New York Supreme Court appellate panel ordered the case to continue, keeping the Dendrite issue alive and also allowing us to proceed in seeking damages based on New York's anti-SLAPP law, which prohibits "strategic lawsuits against public participation."

Thursday's blog post concludes with this summation. "Kennedy opened up a can of worms and has spent millions fighting this stupid battle. Despite his losses, we aren't letting him weasel out of this."
Wireless Networking

Hubble Network Makes Bluetooth Connection With a Satellite For the First Time 83

Aria Alamalhodaei reports via TechCrunch: Hubble Network has become the first company in history to establish a Bluetooth connection directly to a satellite -- a critical technology validation for the company, potentially opening the door to connecting millions more devices anywhere in the world. The Seattle-based startup launched its first two satellites to orbit on SpaceX's Transporter-10 ride-share mission in March; since that time, the company confirmed that it has received signals from the onboard 3.5mm Bluetooth chips from over 600 kilometers away.

The sky is truly the limit for space-enabled Bluetooth devices: the startup says its technology can be used in markets including logistics, cattle tracking, smart collars for pets, GPS watches for kids, car inventory, construction sites, and soil temperature monitoring. Haro said the low-hanging fruit is those industries that are desperate for network coverage even once per day, like remote asset monitoring for the oil and gas industry. As the constellation scales, Hubble will turn its attention to sectors that may need more frequent updates, like soil monitoring, to continuous coverage use cases like fall monitoring for the elderly. Once its up and running, a customer would simply need to integrate their devices' chipsets with a piece of firmware to enable connection to Hubble's network.
United States

Warrantless FBI Searches of American Communications Drop 50 Percent (theverge.com) 33

The FBI cut its warrantless searches of American data in half in 2023, according to a government report released on Tuesday. From a report: According to the Office of the Director of National Intelligence's annual transparency report, the FBI conducted 57,094 searches of "US person" data under Section 702 of the Foreign Intelligence Surveillance Act last year -- a 52 percent decrease from 2022.

In a press briefing, a senior FBI official said that the drop was due to reforms the agency implemented in 2021 and 2022, The Record reports. Despite the drop in overall searches of Americans' data, the report also notes that the number of foreign targets whose data could be searched in the Section 702 database rose to 268,590, a 9 percent increase from the previous year. The number of "probable cause" targets also increased significantly, from 417 in 2022 to 759 in 2023. Of those, 57 percent are estimated to be "US persons," which includes US citizens and permanent residents.

China

Huawei Secretly Backs US Research, Awarding Millions in Prizes (yahoo.com) 41

Huawei, the Chinese telecommunications giant blacklisted by the US, is secretly funding cutting-edge research at American universities including Harvard through an independent Washington-based foundation. From a report: Huawei is the sole funder of a research competition that has awarded millions of dollars since its inception in 2022 and attracted hundreds of proposals from scientists around the world, including those at top US universities that have banned their researchers from working with the company, according to documents and people familiar with the matter.

The competition is administered by the Optica Foundation, an arm of the nonprofit professional society Optica, whose members' research on light underpins technologies such as communications, biomedical diagnostics and lasers. The foundation "shall not be required to designate Huawei as the funding source or program sponsor" of the competition and "the existence and content of this Agreement and the relationship between the Parties shall also be considered Confidential Information," says a nonpublic document reviewed by Bloomberg. The findings reveal one strategy Shenzhen, China-based Huawei is using to remain at the forefront of funding international research despite a web of US restrictions imposed over the past several years in response to concerns that its technology could be used by Beijing as a spy tool.

Communications

AM Radio Law Opposed By Tech and Auto Industries Is Close To Passing (arstechnica.com) 317

An anonymous reader quotes a report from Ars Technica: A controversial bill that would require all new cars to be fitted with AM radios looks set to become a law in the near future. Yesterday, Senator Edward Markey (D-Mass) revealed that the "AM Radio for Every Vehicle Act" now has the support of 60 US Senators, as well as 246 co-sponsors in the House of Representatives, making its passage an almost sure thing. Should that happen, the National Highway Traffic Safety Administration would be required to ensure that all new cars sold in the US had AM radios at no extra cost. "Democrats and Republicans are tuning in to the millions of listeners, thousands of broadcasters, and countless emergency management officials who depend on AM radio in their vehicles. AM radio is a lifeline for people in every corner of the United States to get news, sports, and local updates in times of emergencies. Our commonsense bill makes sure this fundamental, essential tool doesn't get lost on the dial. With a filibuster-proof supermajority in the Senate, Congress should quickly take it up and pass it," said Sen. Markey and his co-sponsor Sen. Ted Cruz (R-Texas).

About 82 million people still listen to AM radio, according to the National Association of Broadcasters, which as you can imagine was rather pleased with the congressional support for its industry. "Broadcasters are grateful for the overwhelming bipartisan support for the AM Radio for Every Vehicle Act in both chambers of Congress," said NAB president and CEO Curtis LeGeyt. "This majority endorsement reaffirms lawmakers' recognition of the essential service AM radio provides to the American people, particularly in emergency situations. NAB thanks the 307 members of Congress who are reinforcing the importance of maintaining universal access to this crucial public communications medium."
"Requiring the installation of analog AM radios in automobiles is an unnecessary action that would impact EV range, efficiency and affordability at a critical moment of accelerating adoption," said Albert Gore, executive director of ZETA, a clean vehicle advocacy group that opposes the AM radio requirement. "Mandating AM radio would do little to expand drivers' ability to receive emergency alerts. At a time when we are more connected than ever, we encourage Congress to allow manufacturers to innovate and produce designs that meet consumer preference, rather than pushing a specific communications technology," Gore said in a statement.
The Internet

Congress Lets Broadband Funding Run Out, Ending $30 Low-Income Discounts (arstechnica.com) 129

An anonymous reader quotes a report from Ars Technica: The Federal Communications Commission chair today made a final plea to Congress, asking for money to continue a broadband-affordability program that gave out its last round of $30 discounts to people with low incomes in April. The Affordable Connectivity Program (ACP) has lowered monthly Internet bills for people who qualify for benefits, but Congress allowed funding to run out. People may receive up to $14 in May if their ISP opted into offering a partial discount during the program's final month. After that there will be no financial help for the 23 million households enrolled in the program.

"Additional funding from Congress is the only near-term solution for keeping the ACP going," FCC Chairwoman Jessica Rosenworcel wrote in a letter to members of Congress today. "If additional funding is not promptly appropriated, the one in six households nationwide that rely on this program will face rising bills and increasing disconnection. In fact, according to our survey of ACP beneficiaries, 77 percent of participating households report that losing this benefit would disrupt their service by making them change their plan or lead to them dropping Internet service entirely." The ACP started with $14.2 billion allocated by Congress in late 2021. The $30 monthly ACP benefit replaced the previous $50 monthly subsidy from the Emergency Broadband Benefit Program.

Communications

Satellite Operator SES Acquiring Intelsat In $3.1 Billion Deal (space.com) 13

Satellite operator SES plans to buy fellow satellite operator Intelsat, in a $3.1 billion deal that's expected to close next year. According to Space Magazine, the combined company could help it "compete with SpaceX's huge Starlink broadband network." From the report: SES and Intelsat both operate communications satellites in geostationary orbit, which lies 22,236 miles (35,785 kilometers) above Earth. SES also runs a constellation called O3b in medium Earth orbit, at an altitude of about 5,000 miles (8,000 km). As [SES CEO Adel Al-Saleh] noted, there is increasingly fierce competition for the services provided by these satellites -- for example, from SpaceX's Starlink megaconstellation in low Earth orbit. And other LEO megaconstellations are in the works as well. For instance, Amazon launched the first two prototypes for its planned 3,200-satellite Project Kuiper network this past October.

"By combining our financial strength and world-class team with that of SES, we create a more competitive, growth-oriented solutions provider in an industry going through disruptive change," Intelsat CEO David Wajsgras said in the same statement. "The combined company will be positioned to meet customers' needs around the world and exceed their expectations," he added.

Communications

NASA's Psyche Hits 25 Mbps From 140 Miles Away (theregister.com) 62

Richard Speed reports via The Register: NASA's optical communications demonstration has hit 25 Mbps in a test transmitting engineering data back to Earth from 140 million miles (226 million kilometers) away. The payload is riding aboard the Psyche probe, which is headed for an asteroid of the same name. On December 11, when the spacecraft was 19 million miles (30 million kilometers) away, it reached 267 Mbps, which NASA described as "comparable to broadband internet download speeds."

However, as Psyche has continued on its trajectory, the distances have become greater, and the rate at which data can be transmitted and received has tumbled. At 140 million miles, the project's goal was to reach a lofty 1 Mbps. Instead, engineers managed to get 25 Mbps out of the demonstration. Earlier demonstrations tested the technology using preloaded data, such as a cat video. The latest experiment used a copy of engineering data also sent via Psyche's radio transmitter.

"We downlinked about 10 minutes of duplicated spacecraft data during a pass on April 8," said Meera Srinivasan, the project's operations lead at NASA's Jet Propulsion Laboratory (JPL) in Southern California. "Until then, we'd been sending test and diagnostic data in our downlinks from Psyche. This represents a significant milestone for the project by showing how optical communications can interface with a spacecraft's radio frequency comms system." The demonstrator is only along for the ride -- Psyche uses conventional radio technology for its mission. However, the demonstration does point to the potential for higher-bandwidth communications in future projects.

Communications

FCC Fines Wireless Carriers $200 Million For Sharing Customer Data (lightreading.com) 20

The Federal Communications Commission has fined the nation's largest wireless carriers for illegally sharing access to customers' location information without consent and without taking reasonable measures to protect that information against unauthorized disclosure. From a report: Sprint and T-Mobile -- which have merged since the investigation began -- face fines of more than $12 million and $80 million, respectively. AT&T is fined more than $57 million, and Verizon is fined almost $47 million. "Our communications providers have access to some of the most sensitive information about us. These carriers failed to protect the information entrusted to them. Here, we are talking about some of the most sensitive data in their possession: customers' real-time location information, revealing where they go and who they are," said FCC Chairwoman Jessica Rosenworcel. "As we resolve these cases" which were first proposed by the last Administration -- the Commission remains committed to holding all carriers accountable and making sure they fulfill their obligations to their customers as stewards of this most private data."
Businesses

Bezos, Other Amazon Execs Used Signal - a Problem for FTC Investigators (seattletimes.com) 93

Pursuing an unfair business practices case against Amazon, America's Federal Trade Commission has now "accused" Amazon of using Signal, reports the Seattle Times:

The newspaper notes that the app "can be set to automatically delete messages, to hide information related to the FTC's ongoing antitrust investigation into the company." In a court filing this week, the FTC moved to "compel" Amazon to share more information about its policies and instructions related to using the Signal app... The FTC accused Amazon executives of manually turning on the feature to delete messages in Signal even after the company learned that the FTC was investigating and had told Amazon to keep documents, emails and other messages.

Many of Amazon's senior leaders used Signal, according to the FTC, including former CEO and current chair Jeff Bezos, CEO Andy Jassy, and general counsel David Zapolsky, as well as Jeff Wilke, former head of Amazon's worldwide consumer business, and Dave Clark, former worldwide operations chief. "Amazon is a company that tightly controls what its employees put into writing," FTC attorneys said in a court filing Thursday. "But Amazon's senior leadership also used another channel for internal communications and avoided the need to talk carefully by destroying the records of their messages...."

In the court filing Thursday, the FTC asked Amazon to provide two troves of documents related to its use of Signal: Amazon's document preservation notices and its instructions about the use of "ephemeral messaging applications, including Signal." The FTC said Amazon waited for more than a year after it learned of the investigation to instruct its employees to preserve Signal messages. "It is highly likely that relevant information has been destroyed as a result of Amazon's actions and inactions," the FTC wrote in court records.

Transportation

Boeing Accused of Retaliating Against Two Engineers in 2022 (reuters.com) 51

Reuters reports that America's Federal Aviation Administration "is investigating a union's claims that Boeing retaliated against two employees who in 2022 insisted the planemaker re-evaluate prior engineering work on 777 and 787 jets."

The employees' union "said the two unidentified engineers were representatives of the FAA, which delegates some of its oversight authority and certification process to Boeing workers." The FAA noted on Tuesday that in 2022 it boosted oversight of planemakers by protecting aviation industry employees who perform agency functions from interference by their employers. A December 2021 Senate report found "FAA's certification process suffers from undue pressure on line engineers and production staff."

"Boeing can tell Congress and the media all it wants about how retaliation is strictly prohibited," said SPEEA Director of Strategic Development Rich Plunkett. "But our union is fighting retaliation cases on a regular basis, and, in this specific case, Boeing is trying to hide information that would shed light on what happened...."

Last week, Boeing quality engineer whistleblower Sam Salehpour, who raised questions about Boeing widebody jets, told senators he was told to "shut up" when he flagged safety concerns. He has said he was removed from the 787 program and transferred to the 777 jet due to his questions.

Boeing has "zero tolerance for retaliation," according a statement quoted by Reuters, in which the company says they "encourage our employees to speak up when they see an issue. After an extensive review of documentation and interviewing more than a dozen witnesses, our investigators found no evidence of retaliation or interference. We have determined the allegations are unsubstantiated."

The union's version of the story? "After nearly six months of debate, the two engineers, with backing from the FAA, prevailed. Boeing re-did the required analysis." The two engineers were still Boeing employees, however, and Boeing management was not pleased. When they came up for their next performance reviews, the two engineers received identical negative evaluations... Even after the manager of the two engineers admitted that he had rated them both poorly at the request of the 777 and 787 managers who had been forced to resubmit their work, Boeing refused to change the engineers' performance evaluations.

At this point, one of the engineers left in disgust; the other filed a formal "Speak Up" complaint with Boeing.

The Internet

Court Upholds New York Law That Says ISPs Must Offer $15 Broadband (arstechnica.com) 47

The U.S. Court of Appeals for the 2nd Circuit overturned a prior district court decision, lifting the injunction that blocked New York's law mandating that ISPs offer $15 broadband plans to low-income families. Ars Technica reports: The ruling (PDF) is a loss for six trade groups that represent ISPs, although it isn't clear right now whether the law will be enforced. For consumers who qualify for means-tested government benefits, the state law requires ISPs to offer "broadband at no more than $15 per month for service of 25Mbps, or $20 per month for high-speed service of 200Mbps," the ruling noted. The law allows for price increases every few years and makes exemptions available to ISPs with fewer than 20,000 customers.

"First, the ABA is not field-preempted by the Communications Act of 1934 (as amended by the Telecommunications Act of 1996), because the Act does not establish a framework of rate regulation that is sufficiently comprehensive to imply that Congress intended to exclude the states from entering the field," a panel of appeals court judges stated in a 2-1 opinion. Trade groups claimed the state law is preempted by former Federal Communications Commission Chairman Ajit Pai's repeal of net neutrality rules. Pai's repeal placed ISPs under the more forgiving Title I regulatory framework instead of the common-carrier framework in Title II of the Communications Act.

2nd Circuit judges did not find this argument convincing: "Second, the ABA is not conflict-preempted by the Federal Communications Commission's 2018 order classifying broadband as an information service. That order stripped the agency of its authority to regulate the rates charged for broadband Internet, and a federal agency cannot exclude states from regulating in an area where the agency itself lacks regulatory authority. Accordingly, we REVERSE the judgment of the district court and VACATE the permanent injunction."

United States

Chinese Drone Maker DJI Might Get Banned Next in the US (nytimes.com) 107

U.S. authorities consider DJI a security threat. Congress is weighing legislation to ban it [non-paywalled link], prompting a lobbying campaign from the company, which dominates the commercial and consumer drone markets. The New York Times: DJI is on a Defense Department list of Chinese military companies whose products the U.S. armed forces will be prohibited from purchasing in the future. As part of the defense budget that Congress passed for this year, other federal agencies and programs are likely to be prohibited from purchasing DJI drones as well. The drones -- though not designed or authorized for combat use -- have also become ubiquitous in Russia's war against Ukraine.

The Treasury and Commerce Departments have penalized DJI over the use of its drones for spying on Uyghur Muslims who are held in camps by Chinese officials in the Xinjiang region. Researchers have found that Beijing could potentially exploit vulnerabilities in an app that controls the drone to gain access to large amounts of personal information, although a U.S. official said there are currently no known vulnerabilities that have not been patched. Now Congress is weighing legislation that could kill much of DJI's commercial business in the United States by putting it on a Federal Communications Commission roster blocking it from running on the country's communications infrastructure.

The bill, which has bipartisan support, has been met with a muscular lobbying campaign by DJI. The company is hoping that Americans like Mr. Nordfors who use its products will help persuade lawmakers that the United States has nothing to fear -- and much to gain -- by keeping DJI drones flying. "DJI presents an unacceptable national security risk, and it is past time that drones made by Communist China are removed from America," Representative Elise Stefanik, Republican of New York and one of the bill's primary sponsors, said in an emailed statement this month.

The Internet

FCC Votes To Restore Net Neutrality Rules (nytimes.com) 54

An anonymous reader quotes a report from the New York Times: The Federal Communications Commission voted on Thursday to restore regulations that expand government oversight of broadband providersand aim to protect consumer access to the internet, a move that will reignite a long-running battle over the open internet. Known as net neutrality, the regulations were first put in place nearly a decade ago under the Obama administration and are aimed at preventing internet service providers like Verizon or Comcast from blocking or degrading the delivery of services from competitors like Netflix and YouTube. The rules were repealed under President Donald J. Trump, and have proved to be a contentious partisan issue over the years while pitting tech giants against broadband providers.

In a 3-to-2 vote along party lines, the five-member commission appointed by President Biden revived the rules that declare broadband a utility-like service regulated like phones and water. The rules also give the F.C.C. the ability to demand broadband providers report and respond to outages, as well as expand the agency's oversight of the providers' security issues. Broadband providers are expected to sue to try to overturn the reinstated rules.

The core purpose of the regulations is to prevent internet service providers from controlling the quality of consumers' experience when they visit websites and use services online. When the rules were established, Google, Netflix and other online services warned that broadband providers had the incentive to slow down or block access to their services. Consumer and free speech groups supported this view. There have been few examples of blocking or slowing of sites, which proponents of net neutrality say is largely because of fear that the companies would invite scrutiny if they did so. And opponents say the rules could lead to more and unnecessary government oversight of the industry.

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.

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